31979R1574

26 . 7 . 79 No L 188/45 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1574/79

of 25 July 1979

on a standing invitation to tender in order to determine export refunds for raw cane sugar produced in the French overseas departments

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

Article 1 Having regard to the Treaty establishing the European Economic Community, A standing invitation to tender shall be issued to determine export refunds for raw sugar obtained from Having regard to Council Regulation (EEC) No cane harvested in the Community. During the period 3330/74 of 19 December 1974 on the common organi­ of validity of the standing invitation, partial invitations zation of the market in sugar (J), as last amended by to tender shall be issued . Regulation (EEC) No 1396/78 (2), and in particular Articles 12 (2), 19 (4) and 34 thereof, Article 2 Whereas there are at present surpluses of raw cane sugar in the French departments of Reunion and 1 . The standing invitation to tender and the partial Guadeloupe and it is economically desirable for the invitations shall be organized in accordance with Regu­ Community to export this sugar and, accordingly, to lations (EEC) No 766/68 and (EEC) No 394/70 and open an invitation to tender for the purpose ; the following provisions.

Whereas, in order to distinguish these surpluses from 2. The standing invitation to tender shall remain other raw cane sugar which could, in principle, qualify open until a date to be determined later. for export refunds, it should be laid down that the customs export formalities should be completed either Article 3 in Reunion or in Guadeloupe ;

1 . The period during which tenders may be Whereas the general rules governing invitations to submitted in response to the first partial invitation to tender for the purpose of determining export refunds tender : for sugar were laid down by Council Regulation (EEC) No 766/68 of 18 June 1968 laying down general rules (a) shall begin on the day on which notice of the for granting export refunds on sugar (3), as last standing invitation to tender is published in the amended by Regulation (EEC) No 1489/76 (4) ; Official Journal of the European Communities ; whereas the relevant rules of application were laid and down in Commission Regulation (EEC) No 394/70 of 2 March 1970 (5), as amended by Regulation (EEC) No (b) shall end on 8 August 1979 at 10 a.m . 1467/77 (');

2. The periods during which tenders may be Whereas, in view of the present state of the world submitted in response to each of the subsequent market in sugar, it would be advisable to waive certain partial invitations to tender : rules or time limits laid down in Regulation (EEC) No 394/70 or in Commission Regulation (EEC) No (a) shall begin on the first working day following the 2990/76 of 9 December 1976 on special detailed rules end of the preceding period for the submission of for the application of the system of import and export tenders in question ; licences for sugar (7), as last amended by Regulation and (EEC) No 1367/78 (8) ; (b) shall expire at 10 a.m. on the Wednesday of the following week. Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ 3 . By way of derogation from paragraph 2 (b), the ment Committee for Sugar, periods for submitting tenders which are to end :

(!) OJ No L 359, 31 . 12. 1974, p. 1 . (a) on Wednesday, 15 August 1979, shall end on (2) OJ No L 170, 27. 6. 1978 , p. 1 . Tuesday, 14 August 1979 at 10 a.m.; (») OJ No L 143, 25. 6. 1968 , p. 6. (4) OJ No L 167, 26. 6. 1976, p. 13 . (b) on Wednesday, 21 November 1979 shall end on (*) OJ No L 50, 4. 3. 1970, p. 1 . Tuesday, 20 November 1979 at 10 a.m.; (6) OJ No L 162, 1 . 7. 1977, p. 6. (c) on Wednesday, 2 January 1980 shall end on (7) OJ No L 341 , 10 . 12. 1976, p. 14. (*) OJ No L 166, 23. 6. 1978, p. 24. Thursday, 3 January 1980 at 10 a.m.

No L 188/46 Official Journal of the European Communities 26 . 7 . 79

By way of derogation from paragraph 2, the partial Article 8 invitation to tender scheduled for Wednesday, 26 December 1979 shall not be issued. For the purposes of this Regulation :

4. The time limits fixed in the preceding para­ — the period laid down in Article 7 (2) of Regulation graphs shall be : (EEC) No 394/70 shall be replaced by a period of (a) brought forward by one hour in Ireland and the 10 days, United Kingdom outside the periods of summer — the possibility of cancellation laid down by Article time in those Member States ; 5 (3) of Regulation (EEC) No 193/75 (J) shall not (b) put back by one hour in the other Member States apply, when they apply summer time. — the tender must include, in addition to the details provided for in Article 3 (2) of Regulation (EEC) Article 4 No 394/70, the amount of the tendering security 1 . A tender shall be valid only if : to be provided at the least for the quantity of sugar covered by the tender and must express that — the quantity of raw sugar to be exported is not less amount in the currency of the Member State than 500 tonnes, where the tender is made . — the amount of the refund proposed is stated per 100 kilograms of raw sugar of standard quality, — it includes a declaration by the tenderer that the Article 9 sugar to be exported referred to in the tender is a raw sugar obtained from cane harvested in the 1 . Article 9 of Regulation (EEC) No 2990/76 shall Community in respect of which the customs not apply to raw sugar to be exported in accordance export formalities will be completed in the French with this Regulation. overseas departments of Guadeloupe or Reunion.

2. By way of derogation from Article 3 (2) (c) of 2. Export licences issued pursuant to a partial invita­ Regulation (EEC) No 394/70, the quantity to be tion to tender shall be valid from the date of their exported referred to in the tender shall be expressed issue to the end of the fifth month following that in by weight *tel quel'. which the said tender was made .

Article 5 However, export licences issued pursuant to a partial By way of derogation from Article 4 ( 1 ) of Regulation invitation to tender made after 30 April 1980 shall be (EEC) No 394/70, the tendering security shall be valid only until 30 September 1980 . equal to 3 ECU per 100 kilograms of raw sugar to be exported. 3 . By way of derogation from the first indent of Article 8 ( 1 ) (d) of Regulation (EEC) No 2990/76, the Article 6 security relating to licences issued for exports pursuant to this Regulation shall be 9 ECU per 100 Without prejudice to Article 5 of Regulation (EEC) kilograms of raw sugar. No 394/70, tenders shall be notified immediately and anonymously to the Commission.

Article10¶

Once the tenders have been examined, a maximum This Regulation shall enter into force on 26 July 1979 . quantity may be fixed by partial invitation to tender.

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

Done at Brussels, 25 July 1979.

For the Commission

Finn GUNDELACH

Vice-President

(») OJ No L 25, 31 . 1 . 1975, p. 10 .