31975R2101

12 . 8 . 75 Official Journal of the European - Communities No L 214/ 5

REGULATION ( EEC) No 2101 / 75 OF THE COMMISSION

of 11 August 1975

on a standing invitation to tender in order to determine a levy and/or refund on exports of white sugar

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES, •

Having regard to the Treaty establishing the European Article 1 Economic Community ;

Having regard to Council Regulation (EEC) No Member States shall issue a standing invitation to 3330/74 (') of 19 December 1974 on the common tender to determine an export levy and/or export organization of the market in sugar, and in particular refund on white sugar, and, during the period of Articles 12(2), 17(5), 19(4) and 34 thereof ; validity of the standing invitation, they shall issue Having regard to Council Regulation (EEC) No weekly partial invitations to tender. 608/72 (2) of 23 March 1 972 laying down rules to be applied in the case of considerable price rises on the world sugar market, and in particular Article 1 ( 1 ) Article 2 thereof ;

Whereas, in view of the present state and foreseeable 1 . The standing invitation to tender and the partial development of the Community and world sugar invitations shall be conducted in accordance with markets, a standing invitation to tender should be Regulation (EEC) No 766/68 and with the following issued for the exportation of sugar ; whereas, having provisions . Regulation (EEC) No 394/70 shall not regard to the possible fluctuations in world prices for apply. sugar, the invitation to tender must provide for the determination of an export levy and/or export refund ; 2. The standing invitation to tender shall remain Whereas the general rules governing invitations to open until a date to be determined subsequently. tender for the purpose of determining export refunds for sugar were laid down by Council Regulation (EEC) No 766/68 (3) of 18 June 1968 laying down general Article 3 rules for granting export refunds on • sugar, as last amended by Regulation (EEC) No 1 102/75 (4) ; 1 . The Member States shall draw up a notice of invi­ Whereas, in view of the specific nature of the transac­ tation to tender. Such notice shall be published in the tions in question, special detailed " rules of application Official Journal of the European Communities. should be laid down in this Regulation and those Member States may also publish the notice, or have it provided for in Commission Regulation (EEC) No published, elsewhere . 394/70 (5) of 2 March 1970 on detailed rules for granting export refunds on sugar should not 1 be 2. The notice shall indicate in particular the terms applied ; whereas, for the same reasons, appropriate of the invitation to tender. provisions should be laid down- with regard to export licences in connection with the standing invitation to 3 . The notice shall be published only for the tender and there should be a derogation from purpose of opening the standing invitation to tender. Commission Regulation (EEC) No 2637/70 (6) of 23 It may be amended during the period of validity of December 1970 on special detailed rules for the appli­ the standing invitation to tender. It shall be so cation of the system of import and export licences amended if the terms of the invitation are modified . and advance fixing certificates for agricultural products, as last amended by Regulation (EEC) No 1 807/75 (7) ; Article 4 Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ 1 . The period during which tenders may be ment Committee for Sugar, submitted in response to the first partial invitation to tender : (') OJ No L 359, 31 . 12. 1974, p. 1 . (-') OJ No L 75 , 28 . 3 . 1972, p. 5 . (a) shall begin on the day on which notice of the (J) OJ No L 143, 25. 6 . 1968 , p. 6. (■») OJ No L 1 10, 30 . 4. 1975, p. 1 . standing invitation to tender is published in the (5) OJ No L 50, 4. 3 . 1970, p. 1 . Official Journal of the European Communities ; (o) OJ No L 283, 29 . 12. 1970, p. 15. (7) OJ No L 184, 15 . 7. 1975, p. 33 . (b) shall end on 27 August 1975 at 10.00 hours.

No L 214/6 12 . 8 . 75 Official Journal of the European Communities

2. The periods during which tenders may be (a) the minimum export levy or, where applicable, the submitted in response to the second and subsequent maximum export refund, is fixed on the day of partial invitations : expiry of the period for the submission of the tenders in question ; (a) shall begin on the first working day following the (b) the contract awarded relates to all or a specific part end of the previous period ; of the quantity tendered for. (b) shall end at 10.00 hours on the Wednesday of the following week. 5 . A tender which is not submitted in accordance

with the provisions of this Regulation , or which 3 . By way of derogation from paragraph 2 (b), the contains terms other than those indicated in the period or periods for the submission of tenders which notice of invitation to tender, shall not be taken into would otherwise end : consideration . (a) on Wednesday 19 November 1975, shall end on Tuesday 18 November 1975 at 10.00 hours ; 6. Once submitted, a tender may not be withdrawn .

(b) on Wednesday 24 December 1975 and Wednesday 31 December 1975, shall end on Article 6 Wednesday 7 January 1976 at 10.00 hours. 1 . The security for tender shall be 1-00 unit of 4. During the period in which Summer Time account per 100 kilogrammes of white sugar to be applies in Italy, the time limits laid down in the prev­ exported . ious paragraphs shall be regarded as extended by one hour in that Member State. During the periods in 2. The tenderer may provide the security either in which Summer Time does not apply in the United cash or in the form of a guarantee furnished by an Kingdom and in Ireland, the above time limits shall establishment complying with criteria laid down by be regarded as brought forward by one hour in those the Member State in which the tender is submitted . Member States . 3 . Except in cases of force majeure, the security for the tender shall be released only : Article 5 (a) if a successful tenderer has within the period laid 1 . Tenders, which must be in writing, shall either down in Article 1 2 (b) applied for an export be delivered by hand to the competent authority^of a licence, Member State or addressed to that authority by regis­ or tered letter, telex or telegram . (b) in respect of any quantity for which no award has 2. The tender must indicate : been made .

(a) the invitation to which the tender relates ; 4. In case of force majeure, the competent (b) the name and address of the tenderer ; authority of the Member State concerned shall take (c) the quantity of white sugar to be exported ; such action as it considers necessary having regard to the circumstances invoked by the party concerned . (d) the amount of the export levy or, where appli­ cable, of the export refund, per 100 kilogrammes of white sugar, expressed in the currency of the Article 7 s Member State where the tender is submitted . 1 . Tenders shall be examined in private by the Additional information may be required . competent authority concerned . Subject to paragraph 2, persons present at the examination shall be under 3 . A tender shall be valid only if : an obligation not to disclose any particulars relating (a) the quantity of white sugar to be exported is not thereto . less than 250 metric tons ; 2 . Tenders shall be communicated to the Commis­ (b) proof is furnished, before expiry of the time limit sion without delay and in such manner that the for the submission of tenders, that the tenderer names of the tenderers are not disclosed . has lodged the security for tender required by Article 6 ; (c) it includes a declaration by the tenderer that if his Article 8 tender is successful he will within the period laid down in Article 12(b) apply for an export licence 1 . After the tenders received in respect of a partial in respcct of the quantity of white sugar to be invitation to tender have been examined , a maximum exported . quantity may be fixed for that partial invitation .

4. A tender may stipulate that it is to be regarded 2. A decision may be taken to make no award as having been submitted only if : under a specific partial invitation to tender.

12 . 8 . 75 No L 214/ 7 Official Journal of the European Communities

Article 9 the result of their participation in the invitation to tender. In addition , that authority shall send successful 1 . Account being taken of the current state and tenderers a statement of award . foreseeable development of the Community sugar market and of the world sugar market, there shall be 2. The statement of award shall indicate : fixed either : (a) the invitation to which the tender relates ; — a minimum export levy, or (b) the quantity of white sugar to be exported ; — a maximum export refund. (c) the export levy to be charged, or where applicable 2. Subject as provided in Article 10, where a the export refund to be granted, per 100 kilo­ minimum export levy is fixed, a contract shall be grammes of white sugar of the quantity referred to awarded to every tenderer whose tender indicates a in (b). rate of levy equal to or greater than such minimum levy. Article 12 Subject as provided in Article 10, where a maximum export refund is fixed, a contract shall be awarded to Every successful tenderer shall have : every tenderer whose tender indicates a rate of refund (a) the right to be issued, in respect of the quantity equal to or less than such maximum refund and to awarded, with an export licence indicating as every tenderer who has tendered for an export levy. appropriate the export levy or the export refund quoted in the tender ; Article 10 (b) the obligation to apply, within 10 days following the day of expiry of the period for the submission 1 . Where a maximum quantity has been fixed for a of tenders, for an export licence for that quantity ; partial invitation to tender : Article 5(3) of Regulation (EEC) No 193/75 (') — if a minimum levy is fixed, a contract shall be shall not apply in such cases. awarded to the tenderer whose tender quotes the highest levy. If the maximum quantity is not fully Article 13 covered by that award, awards shall be made to other tenderers in descending order of tender until 1 . Article 33a of Regulation (EEC) No 2637/70 the entire maximum quantity has been accounted for ; shall not apply to white sugar to be exported in accor­ dance with this Regulation . — if a maximum refund is fixed , contracts shall be awarded in accordance with the first indent ; if 2. Export licences issued in connection with a after such awards a quantity is still outstanding, or partial invitation to tender shall be valid from the day if there are no tenders quoting a levy, contracts of issue until the end of the fifth month following shall be awarded, in ascending order of tender that during which the award in respect of that partial until the entire maximum quantity has been invitation to tender was made . accounted for, to tenderers quoting a refund. However : 2. However, where an award to a particular tenderer in accordance with the provisions of paragraph 1 (a) export licences issued before 1 October 1975 would resulf in the maximum quantity being — may be used only from that date ; exceeded , that award shall be limited to such quantity as is still available . Where two or more tenderers — shall be valid only until 31 December 1975 ; quote the same levy or the same refund and awards to (b) export licences issued in connection with an all of them would result in the maximum quantity award made after 30 April 1976 shall be valid only being exceeded, then the quantity available shall be until 30 September 1976 . awarded as follows :

— by being divided among the tenderers concerned 3 . By way of derogation from the first indent of in proportion to the quantities tendered for by Article 33(l)(c) of Regulation (EEC) No 2637/70 the them ; or security for licences issued , for the export of sugar covered by this Regulation shall amount to 6-00 units — by being apportioned among the tenderers of account per 100 kilogrammes of sugar. concerned by reference to a maximum tonnage to be fixed for each of them ; or — by the drawing of lots. Article 14

Article 11 This Regulation shall enter into force on 12 August 1975 . 1 . The competent authority of the Member State concerned shall immediately notify all applicants of (') OJ No L 25, 31 . 1 . 1975, p. 10 .

No L 214/8 Official Journal of the European Communities 12. 8 . 75

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

Done at Brussels, 11 August 1975 .

Fo r the Commission

P. J. LARDINOIS

Member of the Commission