31981R0063

No L 10/6 Official Journal of the European Communities 10 . 1 . 81

COMMISSION REGULATION (EEC) No 63/81

of 9 January 1981

on an invitation to tender for levies or refunds on exports of white sugar to Poland

THE COMMISSION OF THE EUROPEAN whereas in view of the specific nature of the transac­ COMMUNITIES, tions in question special detailed rules of application should be laid down in this Regulation, and those Having regard to the Treaty establishing the European provided for in Commission Regulation (EEC) No Economic Community, 394/70 of 2 March 1970 on detailed rules for granting export refunds on sugar (6), as amended by Regulation (EEC) No 1467/77 Q, should not be applied ; whereas, Having regard to Council Regulation (EEC) No for the same reason, appropriate provisions should be 3330/74 of 19 December 1974 on the common orga­ laid down concerning export licences issued in nization of the market in sugar ('), as last amended by connection with the invitation to tender and these the Act of Accession of Greece (2), and in particular should take the form of a derogation from Commis­ Articles 12 (2), 17 (5), 19 (4) and 34 thereof, sion Regulation (EEC) No 2990/76 of 9 December 1976 on special detailed rules for the application of Having regard to Council Regulation (EEC) No 608/72 the system of import and export licences for sugar (8), of 23 March 1972 laying down rules to be applied in as last amended by Regulation (EEC) No 1367/78 (9), the case of considerable price rises on the world sugar from Commission Regulation (EEC) No 3183/80 of 3 market (3), and in particular Article 1 ( 1 ) thereof, December 1980 laying down common detailed rules for the application of the system of import and export Whereas the European Council, at its meeting on 1 licences and advance fixing certificates for agricultural and 2 December 1980 in Luxembourg, agreed that products (10), and from Commission Regulation (EEC) steps should be taken to facilitate the purchase by No 645/75 of 13 March 1975 laying down common Poland of certain agricultural products from the detailed rules for the application of the export levies Community ; whereas in view of the availability of and charges on agricultural products (' '), as amended Community sugar it is possible to put at the disposal by Regulation (EEC) No 1607/80 (12) ; of Poland some 50 000 tonnes of sugar, divided into two lots ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Whereas for this purpose, and in view of developments Committee for Sugar, on the world sugar market, an invitation to tender should be issued to determine the rates of the levies or refunds necessary for the export of the said quantity to Poland, account being taken of certain conditions HAS ADOPTED THIS REGULATION : regarding sales to that country at reduced prices ;

Whereas in order to ensure that the sugar is not Article 1 diverted to another destination provision should be made for the lodging of an appropriate security and 1 . An invitation to tender shall be issued for the for its release when the sugar has reached its destina­ determination of the export levies or export refunds on tion according to the relevant Community rules ; a quantity of white sugar of 50 000 tonnes destined for Poland. This quantity shall be divided into two lots, A Whereas the general rules governing invitations to and B. tender for the determination of export refunds for sugar were laid down in Council Regulation (EEC) No 2. Tenders shall relate to the rate of export levy or 766/68 of 18 June 1968 laying down general rules for export refund necessary to ensure this exportation granting export refunds on sugar (4), as last amended under the conditions laid down in this Regulation and by Regulation (EEC) No 1489/76 0 ; whereas these as indicated in the Annex . rules should also be applied in respect of an export levy ; (6) OJ No L 50, 4. 3 . 1970, p . 1 . 0 OJ No L 162, 1 . 7. 1977, p . 6. (■) OJ No L 359 , 31 . 12. 1974, p. 1 . (8) OJ No L 341 , 10 . 12. 1976, p. 14. (2) OJ No L 291 , 19 . 11 . 1979, p. 17. O OJ No L 166, 23 . 6. 1978, p. 24. (3) OJ No L 75, 28 . 3 . 1972, p. 5. H OJ No L 338 , 13 . 12. 1980 , p. 1 . (4) OJ No L 143, 25. 6. 1968 , p . 6. (") OJ No L 67, 14. 3 . 1975, p. 16. O OJ No L 167, 26. 6. 1976, p. 13. (12) OJ No L 160 , 26. 6. 1980, p. 42.

10 . 1 . 81 Official Journal of the European Communities No L 10/7

Article2¶

(a) the reference number of the invitation to tender ; The tendering procedure shall be conducted in accor­ (b) the name and address of the tenderer ; dance with Regulation (EEC) No 766/68 and the following provisions. Regulation (EEC) No 394/70 (c) the reference letter of the lot and the quantity to shall not apply. be exported ; (d) the amount of the export levy or, where appro­ priate, of the export refund on the lot referred to Article 3 under (c) per 100 kilograms of sugar, expressed in the currency of the Member State in which the tender is submitted ; 1 . The Member States shall issue an invitation to tender which shall be published in the Official (e) the amount of the tendering security to be lodged Journal of the European Communities. Member States covering the quantity of sugar indicated in (c), may also publish the notice, or have it published, else­ expressed in the currency of the Member State in where . which the tender is submitted.

3. An offer shall be valid only if : 2. The notice shall indicate in particular the condi­ tions applying to the tenders. (a) it relates to a quantity of 5 000 tonnes of sugar ; (b) proof is furnished before expiry of the time limit 3. The period during which tenders may be for the submission of tenders that the tenderer has submitted shall begin on the day on which notice of lodged the security indicated in the tender ; the invitation to tender is published in the Official (c) it includes a declaration by the tenderer that if his Journal of the European Communities and shall tender is successful he will within the period laid expire at 10 a.m. on Wednesday 21 January 1981 . down in Article 12 (b) apply for export licences in respect of the quantities of sugar to be exported ; It may be decided, however, to make no award (d) it includes a declaration by the tenderer certifying pursuant to this invitation to tender. In that case that the product for export is white sugar of sound, further invitations to tender will be issued in respect of fair and merchantable quality falling within the remaining quantities to be submitted within a subheading 17.01 A of the Common Customs period which : Tariff ; (a) shall begin on the first working day following (e) it includes a declaration by the tenderer that if his expiry of the preceding period ; and tender is successful he will abide by the maximum price referred to in Article 4 and that he will (b) shall expire at 10 a.m. on the Wednesday of the furnish the proof referred to in Article 12 (c) following week. within the period laid down in Article 12 (b) ; 4. The times specified in this Regulation are (f) it contains all the particulars required under para­ graph 2. Belgian times.

4. An offer may stipulate that it is to be regarded as having been submitted only if the contract awarded Article 4 relates to all or to a specified part of the tendered quantity. The contractual selling price, including the levy or 5 . An offer which is not submitted in accordance refund offered, may not exceed 50-71 ECU per 100 with the provisions of this Regulation, or which kilograms of white sugar. contains conditions other than those indicated in the notice of invitation to tender, shall not be considered. If, however, the closing selling price for the March 1981 position as quoted on the Paris futures market on 6 . Once submitted, a tender may not be withdrawn. the day prior to the tender in question, multiplied by a coefficient of 0-90, is less than the amount referred to Article 6 in the first subparagraph then the contractual selling price may not exceed that quotation as so adjusted. 1 . The security for tender shall be 15 ECU per 100 kilograms of sugar to be exported under this invitation to tender. Article 5 For successful tenderers, and by way of derogation 1 . Offers, which must be in writing, shall be either from the first indent of Article 8 ( 1 ) (d) of Regulation delivered by hand to the competent authority of a (EEC) No 2990/76, this security shall constitute the Member State, against a receipt, or addressed to that security for the export licence when the application authority by registered letter, telex or telegram. referred to in Article 12 (b) is made.

No L 10/8 Official Journal of the European Communities 10 . 1 . 81

2. The tenderer may provide the security either in graph 1 ; if after such awards a quantity is still outstan­ cash or in the form of a guarantee given by an esta­ ding, or if there are no tenders quoting a levy, then blishment complying with criteria laid down by the contracts shall be awarded to tenderers in ascending Member State in which the tender is submitted . order of their quoted refunds until the entire lot has been accounted for. 3 . Except in case of force majeure, the security for the tender shall be released only : Article 10 (a) in respect of any quantity for which no contract has been awarded ; If two or more tenderers quote the same levy or the same refund and awards to all of them would result in (b) if a successful tenderer has within the period laid the quantity of the lot being exceeded then awards down in Article 1 2 (b) applied for an export licence shall be made pro rata to the tendered quantities. and only in respect of a quantity for which proof is provided of its importation into Poland. This proof shall be furnished in accordance with the provi­ Article 11 sions of Article 20 of Regulation (EEC) No 2730/79 (»). 1 . The competent authority of the Member State concerned shall immediately notify applicants of the 4. In case of force majeure, the competent authority result of their participation in the invitation to tender. of the Member State concerned shall take such action as it considers necessary having regard to the circum­ In addition, that authority shall send successful tende­ stances invoked by the party concerned. rers a statement of award .

2. The statement of award shall indicate : Article 7 (a) the reference number of the invitation to tender ; 1 . Tenders shall be examined in private by the (b) the reference letter of the lot and the quantity to competent authority concerned. Subject to paragraph be exported ; 2, persons present at the examination shall be under ' (c) the export levy to be charged, or where applicable an obligation not to disclose any particulars relating the export refund to be granted, per 100 kilograms thereto . of white sugar of the quantity referred to in (b).

2. Tenders shall be communicated to the Commis­ sion forthwith and in such manner that the tenderers Article 12 remain anonymous . Every successful tenderer shall have :

(a) the right to be issued in respect of the quantity Article 8 awarded, and subject to the conditions in (c), with an export licence indicating as appropriate the Account being taken of the current state and foresee­ export levy or the export refund quoted in the able development of the Community and world sugar tender ; markets and the conditions governing the sale as laid down in Article 4, there shall be fixed for each lot (b) the obligation to lodge in accordance with the rele­ either : vant provisions of Regulation (EEC) No 3183/80 an application for an export licence in respect of — a minimum export levy, or that quantity, Article 5 (3) of that Regulation and — a maximum export refund. Article 10 of Regulation (EEC) No 645/75 not applying in such a case. The application shall be lodged not later than 15 Article 9 days following the last day for submitting the tenders concerned ; 1 . Where a minimum export levy is fixed the (c) the obligation to provide the authority of the contract shall be awarded to the tenderer or tenderers Member State to which the tender was submitted, quoting the highest levy. If the whole of the lot is not and this within the period referred to in (b), proof covered by that award then awards shall be made to that the maximum selling price referred to in other tenderers in descending order of their quoted Article 4 has not been exceeded ; such proof shall levies until the entire lot has been accounted for . be provided in the form of a certified copy of the contract of sale entered into by the successful 2. Where a maximum export refund is fixed the tenderer and the competent authority in Poland. contract shall be awarded in accordance with para­ This right and these obligations shall not be trans­ (') OJ No L 317, 12. 12. 1979, p. 1 . ferable .

10 . 1 . 81 Official Journal of the European Communities No L 10/9

Article 13 — 'Pologne , — 'Polen ', 1 . Article 9 of Regulation (EEC) No 2990/76 and — ' Polen ', Article 8 (4) and (5) of Regulation (EEC) No 3183/80 — 'Poland', shall not apply to white sugar to be exported in accor­ dance with this Regulation. — 'Polonia', — 'Polen', 2. Export licences issued in connection with this — 'Polen', invitation to tender shall be valid from the day of issue — Tlotaovia'. until 30 June 1981 . 4. The licence carries the obligation to export to 3 . In addition to the endorsements required under Poland . Article 2 (2) and (3) of Regulation (EEC) No 2990/76, section 13 of the application for licences and of the Article 14 export licences issued in connection with this invita­ tion to tender shall include one of the following This Regulation shall enter into force on 10 January endorsements : 1981 .

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

Done at Brussels, 9 January 1981 .

For the Commission

Finn GUNDELACH Member of the Commission

ANNEX

Reference Quantity Deadline of the in Packaging Delivery stage for lot tonnes delivery

A 5 000 Paper sacks Free-at-frontier in 30 June 1981 (50 kilograms) railway wagons : either FRG /GDR or FRG / Czechoslovakia

B 45 000 Jute sacks Fob Rouen 30 June 1981 (50 kilograms)