31981R0199
No L 24/ 8 Official Journal of the European Communities 28 . 1 . 81
COMMISSION REGULATION (EEC) No 199/81
of 27 January 1981
on a standing invitation to tender in order to determine levies and/or refunds on exports of raw cane sugar produced in the French overseas departments
THE COMMISSION OF THE EUROPEAN (EEC) No 1467/77 Q, should not apply ; whereas, for COMMUNITIES, the same reasons, appropriate provisions should be laid down with regard to export licences issued in connec Having regard to the Treaty establishing the European tion with the standing invitation to tender and there Economic Community, should be a derogation from Commission Regulation (EEC) No 2990/76 of 9 December 1976 on special detailed rules for the application of the system of Having regard to Council Regulation (EEC) No import and export licences for sugar (8), as last 3330/74 of 19 December 1974 on the common orga amended by Regulation (EEC) No 1367/78 (9), from nization of the market in sugar ('), as last amended by Commission Regulation (EEC) No 3183/80 of 3 Regulation (EEC) No 3455/80 (2), and in particular December 1980 laying down common detailed rules Articles 12 (2), 17 (5), 19 (4) and 34 thereof, for the application of the system of import and export licences and advance-fixing certificates for agricultural Having regard to Council Regulation (EEC) No 608/72 products (l0) and from Commission Regulation (EEC) of 23 March 1972 laying down rules to be applied in No 645/75 of 13 March 1975 laying down common the case of considerable price rises on the world sugar detailed rules for the application of the export levies market (3), and in particular Article 1 ( 1 ) thereof, and charges on agricultural products (' '), as last amended by Regulation (EEC) No 1 607/80 (12) ; Whereas there is at present a surplus of raw cane sugar in the French overseas departments and it is economi Whereas, therefore, the invitation to tender provided cally desirable for the Community to export this for in Commission Regulation (EEC) No 1574/79 of surplus and accordingly open a standing invitation to 25 July 1979 on a standing invitation to tender in tender for this purpose ; whereas, having regard to order to determine export refunds for raw cane sugar possible fluctuations in world sugar prices, such an produced in the French overseas departments (n), invitation must provide for the determination of should be closed ; export levies and/or export refunds ;
Whereas the measures provided for in this Regulation Whereas in order to distinguish this surplus sugar are in accordance with the opinion of the Management from all other raw cane sugar which can, in principle, Committee for Sugar, benefit from export refunds, provision should be made to ensure that the customs formalities of exportation are completed in these departments ;
Whereas the general rules governing invitations to HAS ADOPTED THIS REGULATION : tender for the purpose of determining export refunds for sugar were laid down in Council Regulation (EEC) No 766/68 of 18 June 1968 laying down general rules for granting export refunds on sugar (4), as last Article 1 amended by Regulation (EEC) No 1489/76 (*); France shall' issue a standing invitation to tender in Whereas, in view of the specific nature of the transac order to determine export levies and/or export refunds tions involved, special detailed rules of application on raw sugar obtained from cane harvested in the should be laid down in this Regulation, and those French overseas departments. During the period of provided for in Commission Regulation (EEC) No validity of this standing invitation partial invitations to 394/70 of 2 March 1970 on detailed rules for granting tender shall be issued . export refunds on sugar (6), as amended by Regulation
O 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 360, 31 . 12. 1980, 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 . I5) OJ No L 167, 26. 6. 1976, p. 13. (,2) OJ No L 160, 26 . 6. 1980 , p. 42. ¥) OJ No L 50, 4. 3. 1970, p. 1 . H OJ No L 188 , 26. 7. 1979, p. 45.
28 . 1 . 81 Official Journal of the European Communities No L 24/9
Article 2 (b) the name and address of the tenderer ; (c) the tel quel quantity of raw sugar to be exported ; 1 . The standing and partial invitations to tender shall be conducted in accordance with Regulation (d) the amount of the export levy or, where applicable, (EEC) No 766/68 and with the following provisions. of the export refund per 100 kilograms of standard quality raw sugar, expressed in French francs ; Regulation (EEC) No 394/70 shall not apply. (e) the amount of the tender security to be lodged 2. The standing invitation shall remain open until a covering the quantity of sugar indicated in (c), date to be determined subsequently. expressed in French francs.
3. An offer shall be valid only if : Article 3 (a) the quantity of raw sugar to be exported is not less 1 . France shall draw up a notice of invitation to than 500 tonnes ; tender which shall be published in the Official (b) proof is furnished before expiry of the time limit Journal of the European Communities. France may for the submission of offers that the tenderer has also publish the notice, or have it published, else lodged the security for tender indicated in the where . offer ; 2. The notice shall indicate in particular the terms (c) it includes a declaration by the tenderer that if his of the invitation to tender. offer is successful he will within the period laid down under (b) of Article 12 apply for export 3. The notice shall be published for the purpose of licences in respect of the quantities of raw sugar to opening the standing invitation to tender. It may be be exported ; amended during the period of validity of the standing (d) it includes a declaration by the tenderer that the invitation . It shall be so amended if the terms of the product intended for export as indicated in the invitation are changed. offer is raw sugar obtained from cane harvested in the French overseas departments for which the Article 4 customs formalities of exportation will be completed in these departments ; 1 . The period during which tenders may be (e) it includes a declaration by the tenderer that if his submitted in respect of the first partial invitation to offer is successful he will : tender : — where the obligation to export created by the (a) shall begin on the day on which notice of the export licence referred to under (b) of Article standing invitation to tender is published in the 12 is not fulfilled, supplement the tender secu Official Journal of the European Communities ; rity by payment of the amount referred to in (b) shall end on 4 February 1981 at 10 a.m. Article 13 (4) and, — within 30 days following the expiry of the 2. The periods during which tenders may be export licence in question, notify the agency submitted in respect of the second and subsequent which issued the licence of the quantity or partial invitations : quantities in respect of which the licence was (a) shall begin on the first working day following the not used ; end of the preceding period ; (f) it contains all the information required under para (b) shall expire at 10 a.m . on the Wednesday of the graph 2. following week. 4. An offer may stipulate that it is to be regarded as 3 . The time limits laid down in this Regulation having been submitted only if : shall correspond to French time. (a) the minimum export levy or, where applicable, the maximum export refund, is fixed on the day of Article 5 expiry of the period for the submission of the offers in question ; 1 . Offers in connection with this tender must be in (b) the offers, if successful, relates to all or a specified writing, and must be either delivered by hand, against part of the tendered quantity. a receipt, to the competent French authority, or addressed to that authority by registered letter, telex or 5 . An offer which is not submitted in accordance telegram . with the provisions of this Regulation, or which contains terms other than those indicated in the notice 2. An offer must indicate : of invitation to tender, shall not be considered. (a) the reference number of the invitation to which the offer relates ; 6. Once submitted, an offer may not be withdrawn.
No L 24/ 10 Official Journal of the European Communities 28 . 1 . 81
Article 6 — a minimum export levy, or — a maximum export refund. 1 . The security for tender shall be 9 ECU per 100 kilograms of sugar to be exported under this standing invitation to tender. 2. Subject to Article 10, where a minimum export levy is fixed, an award shall be made to every tenderer Without prejudice to Article 13 (4) of this Regulation whose offer quotes a rate of levy equal to or greater and by way of derogation from the first indent of than such minimum levy. Article 8 ( 1 ) (d) of Regulation (EEC) No 2990/76 this security shall, in the case of successful tenderers and at Subject to Article 10, where a maximum export refund is fixed, an award shall be made to every tenderer the time of the application referred to under (b) of Article 12, become the security for the export licence. whose tender quotes a rate of refund equal to or less than such maximum refund and to every tenderer who has tendered for an export levy. 2. The tenderer may provide the security either in cash or in the form of a guarantee furnished by an establishment complying with criteria laid down by the French authorities . Article 10
3 . Except in case of force majeure, the security for 1 . Where a maximum quantity has been fixed for a the tender shall be released : partial invitation to tender : (a) to tenderers only in respect of the quantity for — if a minimum levy is fixed, an award shall be made which no award was made ; to the tenderer whose tender quotes the highest (b) to successful tenderers only if they applied for levy. If the maximum quantity is not fully covered their export licence within the period laid down by that award, awards shall be made to other tende under (b) of Article 1 2 and only for the quantity in rers in descending order of levies quoted until the respect of which they have fulfilled the obligation entire maximum quantity has been accounted for, created by that licence, Article 33 of Regulation — if a maximum refund is fixed, awards shall be (EEC) No 3183/80 remaining applicable. made in accordance with the first indent ; if after such awards a quantity is still outstanding, or if 4. In case of force majeure, FIRS shall take such there are no offers quoting a levy, awards shall be action as it considers necessary having regard to the made, in ascending order of refunds quoted until circumstances invoked by the party concerned. the entire maximum quantity has been accounted for, to tenderers quoting a refund. Article 7 2. Where, however, an award to a particular tenderer in accordance with the provisions of paragraph 1 1 . Offers shall be examined in private by the would result in the maximum quantity being competent authority concerned. Subject to paragraph exceeded, that award shall be limited to such quantity 2, persons present at the examination shall be under an obligation not to disclose any particulars relating as is still available . Where two or more tenderers quote thereto . the same levy or the same refund and awards to all of them would result in the maximum quantity being 2. Offers shall be communicated to the Commis exceeded, then the quantity available shall be awarded as follows : sion forthwith and in such manner that the tenderers remain anonymous . — by being divided among the tenderers concerned in proportion to the total quantities in each of their offers, or Article 8 — by being apportioned among the tenderers 1 . After the offers received have been examined , a concerned by reference to a maximum tonnage to maximum quantity may be fixed for that partial invita be fixed for each of them , or tion . — by the drawing of lots.
2. A decision may be taken to make no award under a specific partial invitation to tender. Article 11
Article 9 1 . The competent French authority concerned shall immediately notify applicants of the result of their 1 . Account being taken of the current state and participation in the invitation to tender. In addition, foreseeable development of the Community and world that authority shall send successful tenderers a state sugar markets, there shall be fixed either : ment of award .
28 . 1 . 81 Official Journal of the European Communities No L 24/ 11
2. The statement of award shall indicate : 3 . Section 18 (a) of the export licence shall include one of the following endorsements : (a) the reference number of the invitation to which the tender relates ; 'Licence valid for the French overseas departments',
(b) the tel quel quantity of raw cane sugar to be 'Lizenz gültig für die französischen überseeischen exported ; Departements',
(c) the export levy to be charged or, where applicable, 'Certificat valable pour les départements français the export refund to be granted per 100 kilograms d'outre-mer', of raw cane sugar of standard quality of the quan Licens gyldig for de franske oversøiske departe tity referred to in (b). menter',
'Titolo valido per i dipartimenti francesi d oltremare', Certificaat geldig voor de Franse Overzeese departe Article 12 menten',
' Πιστοποιητικό ισχύον γιά τά ύπερπόντια γαλλικά Every successful tenderer shall have : διαμερίσματα'.
(a) the right to be issued, in respect of the quantity 4. Except in case of force majeure, if the obligation awarded, with an export licence indicating as to export created by the export licence referred to appropriate the export levy or the export refund under (b) of Article 1 2 has not been fulfilled and if the quoted in his offer ; security referred to in Article 6 is less than : (b) the obligation to lodge, in accordance with the relevant provisions of Regulation (EEC) No (a) the export levy indicated on the licence reduced by 3183/80, an application for an export licence in the levy referred to in the second subparagraph of respect of that quantity, Article 1 2 (2) of that Regu Article 17 ( 1 ) of Regulation (EEC) No 3330/74 in lation and Article 10 of Regulation (EEC) No force on the last day of validity of the said licence, 645/75 not applying in such a case. or The application shall be lodged not later than the (b) the sum of the export levy indicated on the licence day preceding the date of the following partial and the export refund referred to in Article 2 of invitation to tender. Where, however, the latter Regulation (EEC) No 766/68 in force on the last partial invitation to tender does not take place day of validity of the said licence, or within the period referred to under (b) of Article 4 (c) the export refund referred to in Article 2 of Regu (2), the application for a licence shall be lodged lation (EEC) No 766/68 in force on the last day of within six days of the date of the partial invitation validity of the licence reduced by the refund indi to tender in respect of which that application is cated on the said licence, lodged ; then , under the time limits and conditions laid down (c) the obligation to export the tendered quantity and, in Article 33 of Regulation (EEC) No 3183/80 and by if this obligation is not fulfilled, to pay, where way of a supplementary security for the quantity in necessary, the amount referred to in Article 1 3 (4). respect of which the said obligation was not fulfilled, This right and these obligations shall not be transfer the licence holder shall be charged an amount equal able. to the difference between the result of the calculation made under (a), (b) or (c), as the case may be, and the security referred to in Article 6.
Article13¶
Article 14 1 . Article 9 of Regulation (EEC) No 2990/76 shall not apply to the raw sugar to be exported in accor dance with this Regulation . The standing invitation to tender provided for in Regulation (EEC) No 1574/79 shall be closed with effect from 28 January 1981 . 2. Export licences issued as a result of a partial invi tation to tender shall be valid from the day of issue until the end of the fifth month following that in which the partial invitation was issued. Article 15 Export licences issued as a result of a partial invitation issued after 30 April 1981 shall, however, be valid only This Regulation shall enter into force on 28 January until 30 September 1981 . 1981 .
No L 24/ 12 Official Journal of the European Communities 28 . 1 . 81
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 27 January 1981 .
For the Commission
Poul DALSAGER Member of the Commission