31975R1709

4. 7 . 75 Official Journal of the European Communities No L 173 / 15

REGULATION ( EEC) No 1709/75 OF THE COMMISSION

of 3 July 1975

on a standing invitation to tender to determine export refunds on white sugar destined for Iran and Morocco within the framework of multiannual contracts

THE COMMISSION OF THE EUROPEAN sions for the export licences issued pursuant to the COMMUNITIES, standing invitation to tender as well as for the securi­ ties related thereto and to derogate from Commission Regulation (EEC) No 2637/70 (5) of 23 December Having regard to the Treaty establishing the European 1970 on special detailed rules for the application of Economic Community ; the system of import and export licences and advance fixing certificates for agricultural products, as last Having regard to Council Regulation No 3330/74 ( J ) amended by Regulation (EEC) No 1435/75 (6) ; of 19 December 1974 on the common organization of the market in sugar, and in particular Articles 12 (2), Whereas the Management Committee for Sugar has 1 9 (4) and 34 thereof ; not delivered an opinion within the time limit set by its Chairman ,

Whereas in particular due to the price situation on the world market and the production prospects for the coming years a standing invitation to tender to HAS ADOPTED THIS REGULATION : determine export refunds on white sugar should already be opened now ;

Article 1 Whereas it is necessary to guarantee as far as possible that the production of sugar within the limits of 1 . The Member States shall issue a standing invita­ quotas can be marketed constantly under the best tion to tender to determine the export levies on white conditions for the Community ; whereas the conclu­ sugar destined for Iran and Morocco, hereafter called sion of delivery contracts as to the said sugar between 'destination countries', and, during the period of Community operators and third countries in respect of several marketing years appears to be an efficient validity of this standing invitation to tender they shall measure to meet this aim ; whereas Iran and Morocco issue weekly partial invitations to tender.

seem currently prepared to conclude such contracts ; whereas the Community should therefore assist in 2 . The standing invitation to tender shall relate to order to make such operations possible and to esta­ the refund on export to destination countries within the framework of a multiannual contract as defined in blish conditions to ensure equal competition among the interested parties ; whereas the tender procedure Article 12, hereafter called ' multiannual contract', of supplies the best appropriate provisions to meet these white sugar produced within the maximum quota. demands ; This export must not exeed 200 000 metric tons of white sugar per sugar marketing year concerned . The Whereas the general rules for the tender procedure to total tonnage for export under a multiannual contract determine export refunds on sugar have been adopted shall be divided into equal portions to be exported in by Council Regulation (EEC) No 766/68 (2) of 18 each marketing year covered by this contract. June 1968 laying down general rules for granting export refunds on sugar, as last amended by Regula­ tion ( EEC) No 1102/75 (3 ) ; Article 2

Whereas,, taking into account the characteristic of the 1 . The standing and partial invitations to tender operation , special detailed rules should be provided shall be conducted in accordance with the provisions under this Regulation , and the detailed rules provided laid down in Regulation (EEC) No 766/68 and the for in Commission Regulation (EEC) No 394/70 (4) of present Regulation . The provisions of Regulation 2 March 1970 laying down detailed rules for export ( EEC) No 394/70 shall not apply . refunds on sugar shall not be applied ; whereas, in addition , it is necessary to provide appropriate provi 2. The standing invitation to tender remains open until a date to be determined in due course . (') OJ No L 359, 31 . 12 . 1974, p. 1 . (2 ) OJ No L 143, 25 . 6. 1968 , p. 6. (3) OJ No L 110 , 30 . 4. 1975, p. 1 . (5) OJ No L 283 , 29 . 12 . 1970 , p . 15 . (4 ) OJ No L 50 , 4. 3 . 1970, p. 1 . (b) OJ No L 142, 4. 6. 1975, p. 9 .

No L 173/ 16 4 . 7 . 75 Official Journal of the European Communities

Article 3 the period of validity of the contract and the divi­ sion of this tonnage into equal portions among 1 . The Member States shall draw up a notice of a the sugar marketing years covered by the said standing invitation to tender. Such notice shall be contract, published in the Official Journal of the European Communities. Member States may also publish the (d) the amount of refund per 100 kilogrammes of notice, or have it published, elsewhere . white sugar, expressed in the currency of the Member State where the offer is made, proposed 2. The notice shall indicate in particular the terms for export of the total tonnage referred to in (c), of the invitation . (e) the destination countries referred to in the multian­ nual contract . 3 . The notice shall be published only for the purpose of opening the standing invitation to tender. It may be amended during the period of validity of 3 . A tender shall only be valid if : the standing invitation to tender. It shall be so amended if the terms of the invitation are ' modified . (a) the total tonnage of sugar proposed for export has been divided into equal portions in respect of each Article 4 sugar marketing year covered by the contract,

1 . The period during which tenders may be (b) the tonnage of sugar provided for export in each of the marketing years covered by the contract is submitted in response to the first partial invitation : not less than 10 000 metric tons, (a) shall begin on the day on which the standing invi­ tation to tender is published in the Official (c) proof is furnished before expiry of the time limit for the submission of tenders that the tenderer has Journal of the European Communities, and lodged the security for tender required by (b) shall expire on 16 July 1975 at 9 a.m . Article 6,

2. The period during which tenders may be (d) It includes a declaration by the tenderer that if his submitted in response to the second and subsequent tender is successful he will apply for export partial invitations : licences in respect of the quantity of white sugar proposed for export in each of the marketing years (a) shall begin on the first working day following the covered by the multiannual contract, day on which the preceding period comes to an end , and (e) it is accompanied, where the tender is successful (b) shall expire on the Wednesday of the following and : week at 9 a.m .

— where the tenderer exports himself the sugar 3 . By derogation from Article 1 ( 1 ), there will be no in question of which he is not the producer, by partial tenders on Wednesday 13 August and a certified copy of the multiannual contract in Wednesday 20 August 1975. addition to a certified copy of the purchase contract of the sugar produced within the 4. During the period of summer time in Italy, the maximum quota, time limits laid down in the preceding paragraphs shall be extended by one hour in that Member State. — where the tenderer exports himself the sugar of Outside the periods of summer time in Ireland and in which he is the producer, a certified copy of the United Kingdom, the time limits laid down in the the multiannual contract, preceding paragraphs shall be brought forward by one hour in those Member States . — where the tenderer does not himself export the sugar, a certified copy of the multiannual contract and of the delivery contract referred to Article 5 in Article 13 and if he is not the producer of the sugar in question, a certified copy of the 1 . Tenderers must either lodge a tender in writing, purchase contract of the sugar produced within against a receipt, with the competent authority of the the maximum quota. Member State chosen by the tenderer, or address the tender to that authority by registered letter. Where the multiannual contract is not worked out in 2 . The tender must indicate : the official language or in one of the other official languages of the Member State whose competent (a) the invitation to which the tender relates, agency has received the offer, the certified copy of this (b) the name and address of the tenderer, contract shall be accompanied by a reliable translation (c) the total tonnage of white sugar corresponding to into the official or one of the official languages of this that shown in the contract to be exported during Member State .

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4. A tender may stipulate that it is to be regarded tion to tender. It may, where necessary, be decided to as having been submitted only if the contract awarded make no award . relates to the entire quantity and the quantity provided for each year as indicated in the tender or to 2. In order to achieve comparability between a specific part thereof. tenders and for the award of contracts by Member States, the amount proposed for the refund, expressed 5 . A tender which is not submitted in accordance in a national currency shall be converted into units of with the provisions of this Article, or which contains account by applying the relevant conversion rate appli­ terms other than those indicated in the notice of invi­ cable for purposes of the common agricultural policy. tation to tender, shall not be taken into consideration .

Article9¶

1 . Except where a decision is taken to make no Article 6 award under a partial invitation to tender, then, subject as provided in paragraphs 2 and 3, a contract 1 . The security required for the invitation to tender shall be awarded to every tenderer whose tender does shall be 010 unit of account per 100 kilogrammes of not exceed the maximal amount of- the export refund. white sugar, in respect of the total tonnage to be exported provided for in the multiannual contract. 2. For each partial invitation to tender, after a maximum quantity has been fixed, the contract is 2. The tenderer may lodge the security either in awarded to the tender which quotes the lowest export cash or in the form of a guarantee by an establish­ refund. If the maximum quantity is not fully used up ment complying with criteria laid down by the by that tender, awards shall be made to those appli­ Member State in which the tender is submitted . cants whose tenders quote the next lowest export refund until the maximum quantity *has been 3 . Except in cases of force majeure, the security accounted for. required for the invitation to tender shall be released only : 3 . Where, however, awards under the provisions of (a) if the tenderer : paragraph 2 would lead to the maximum quantity being exceeded as a result, taking a particular tender — has not withdrawn his tender, and into consideration , an award, shall be made to that — if his tender is successful has applied within tenderer in respect only of the tonnage which would the time limit specified in Article 1 1 (b) for allow the maximum tonnage to be accounted for. the export licences in respect of each Where tenders quote the same refund and whose marketing year covered by the contract, or aggregate tonnage exceeds the maximum tonnage (b) in respect of the quantity of which no award has awards will be made by dividing the maximum been made . tonnage either in proportion to the quantities shown in such tenders or between the succesful tenderers up The security shall be released forthwith . to a maximum tonnage to be determined. -

4. In a case of force majeure, the competent Article 10 authority of the Member State concerned shall determine the measures necessary in view of the circumstances invoked by the party concerned . 1 . The competent authority of the Member State concerned shall immediately notify all applicants of the result of their participation in the invitation to Article 7 tender. In addition, that authority shall also send successful tenderers a statement of award . 1 . Tenders shall be examined in private by the competent authority concerned. Subject as provided in 2 . Statement of awards shall inter alia indicate : paragraph 2, persons present at the examination shall be under an obligation not to disclose any particulars (a) the invitation to which the tender relates, relating thereto. (b) the total tonnage of white sugar to be exported during the period of validity of the multiannual 2 . Tenders shall be communicated to the Commis­ contract and the division of this tonnage per sion without delay and in such manner that the marketing year covered by this contract, names of the tenderers are not disclosed . (c) the export refund per 100 kilogrammes of white sugar on the total tonnage referred to in (b), Article 8 (d) the destination country,

1 . After examining the tenders received a (e) the period of validity of the multiannual contract entered into . maximum quantity may be fixed under a partial invita­

No L 173 / 18 4. 7. 75 Official Journal of the European Communities

Article 11 2. Export licences regarding sugar to be exported under the heading of the 1975/76 marketing year Every successful tenderer shall have : shall be issued on 1 October 1975 and are valid until

(a) the right to be issued, in respect of the tonnages of the following 30 September 1976. white sugar to be exported under the terms of the 3 . The export licences regarding the sugar to be contract, with export licences issued under the exported during the second marketing year covered by conditions of this Regulation, the contract and during succeeding years shall be (b) the obligation to apply within 10 days following issued on the first day of the marketing year in ques­ the day of forwarding the statements referred to in tion and shall be valid until the 30 September Article 10 for the licences referred to in (a) in following the end of the marketing year in question: respect of the export of each of the sugar quanti­ ties provided for each of the marketing years 4. By way of derogation from the first indent of covered by the multiannual contract. Article 33 ( 1 ) (c) of Regulation (EEC) No 2637/70 the security for licences issued for export of : (c) the obligation to export or to have exported with the refund specified in the offer the total tonnage (a) the tonnage of sugar under the heading of the first of sugar in question to the destination country marketing year covered by the multiannual concerned . contract shall amount to 0*01 unit of account per 100 kilogrammes of white sugar, Article 12 (b) the tonnage of sugar still to be exported in accor­ dance with the multiannual contract shall amount For the purpose of this Regulation a multiannual to 0-3 unit of account per 100 kilogrammes of contract is a contract concluded between a Commu­ white sugar. nity exporter and the competent Government authori­ ties in the destination country for export of a total 5. The security referred to in paragraph 4 (a) shall tonnage of white sugar from the Community to this only be released for the quantities in respect of which country during a fixed period and divided among each proof of importation to the destination country has of the marketing x y&ars covered by the said contract. been furnished . The contract must not cover less than three years nor If the multiannual contract covers less than five more than five. The contract shall apply the first time marketing years the security referred to in paragraph 4 to the 1975/76 marketing year. (b) shall only be released when proof of importation to This contract shall in particular indicate : the destination country, in respect of the remaining quantities, has been furnished. (a) the total tonnage and the tonnage to be exported to the destination country each marketing year If the multiannual contract covers five marketing covered by the contract, years the security referred to in paragraph 4 (b) will (b) the price of the sugar and the clause of adjustment only be released : of this price in relation to the price fixed by the (a) as far as the quantities for exportation under the Community. heading of the second marketing year covered by the multiannual contract are concerned, in respect In addition the contract shall specify the obligation of those quantities for which proof of importation for the exporter concerned to export to the destina­ to the destination country has been furnished, tion country the tonnage of white Community sugar provided for each of the marketing years covered by (b) as far as the quantity for exportation under the the contract . heading of the remaining three marketing years is concerned, after the proof of importation to the Article 13 destination country of this quantity as a whole has been furnished . For the purpose of this Regulation a delivery contract is a contract concluded between a successful tenderer The proof of importation to the destination country shall be furnished in the same way as refunds varied having right to the issue of export licences referred to according to the destination . in Article 1 1 (a) and an exporter who is contracting party to a multiannual contract in order to ensure the 6. Except in case of force majeure and wh'ere a delivery of the sugar necessary for fulfilling the latter successful tenderer has not, in respect of a marketing contract. year covered by the multiannual contract, fulfilled his obligations derived from the award of tender provi­ Article 14 sions may be adopted according to which :

— the securities referred to in paragraph 4 are to be 1 . Requests for export licences as well as these forfeit, licences shall specify in box 13 the country of destina­ tion ; these licences compel exportation to such a — the rights derived from the award of tender shall be cancelled . country.

4 . 7 . 75 No L 173/ 19 Official Journal of the European Communities

Article 15 2. The Member States issuing the export licences shall inform the Commission, after each marketing The provisions of Article 33 bis of Regulation (EEC) year covered by the contract and where necessary, at No 2637/70 shall not apply to white sugar exported in the request of the latter of the position regarding accordance with this Regulation. exports carried out under this Regulation. The Commission shall pass on such information to other Article 16 Member States .

1 . Member States shall take all the measures required to ensure supervision and particularly to ensure the conformity of the contracts mentioned in Article 17 Articles 12 and 13 and which are necessary for the proper application of the requirements of this Regula­ tion . This Regulation shall enter into force on 4 July 1975.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 3 July 1975.

For the Commission

P. J. LARDINOIS

Member of the Commission