31981R1077

No L 112/ 10 Official Journal of the European Communities 24 . 4 . 81

COMMISSION REGULATION (EEC) No 1077/81

of 22 April 1981

on a standing invitation to tender for levies and/or refunds on export of white sugar to Poland

THE COMMISSION OF THE EUROPEAN rules should also be applied in respect of an export COMMUNITIES, levy ;

Having regard to the Treaty establishing the European Whereas, in view of the specific nature of the transac­ Economic Community, tions in question, special detailed rules of application should be laid down in this Regulation, and those provided for in Commission Regulation (EEC) No Having regard to Council Regulation (EEC) No 394/70 of 2 March 1970 on detailed rules for granting 3330/74 of 19 December 1974 on the common export refunds on sugar (6), as amended by Regulation organization of the market in sugar ('), as last amended (EEC) No 1467/77 Q, should not be applied ; whereas, by Regulation (EEC) No 3455/80 (2), and in particular for the same reason, appropriate provisions should be Articles 12 (2), 17 (5), 19 (4) and 34 thereof, laid down concerning export licences issued in connection with the invitation to tender and to dero­ Having regard to Council Regulation (EEC) No 608/72 gate from Commission Regulation (EEC) No 2990/76 of 23 March 1972 laying down rules to be applied in of 9 December 1976 on special detailed rules for the the case of considerable price rises on the world sugar application of the system of import and export market (3), and in particular Article 1 ( 1 ) thereof, licences for sugar (8), as last amended by Regulation (EEC) No 342/81 (9), from Commission Regulation (EEC) No 3183/80 of 3 December 1980 laying down Whereas the European Council, at its meeting on 23 common detailed rules for the application of the March 1981 in Maastricht, agreed that steps should be system of import and export licences and advance­ taken to facilitate the purchase by Poland of certain fixing certificates for agricultural products (10), and agricultural products from the Community ; whereas from Commission Regulation (EEC) No 645/75 of 13 in view of the availability of Community sugar it is March 1975 laying down common detailed rules for possible to put at the disposal of Poland some 50 000 the application of the export levies and charges on tonnes of sugar ; agricultural products ("), as amended by Regulation (EEC) No 1607/80 (,2) ; Whereas for this purpose, and in view of developments on the world sugar market, a standing invitation to "Whereas the measures provided for in this Regulation tender should be issued to determine the amounts of are in accordance with the opinion of the Management the levies or refunds necessary for the export of the Committee for Sugar, said quantity to Poland, account being taken of certain conditions regarding sales to that country at reduced prices ;

HAS ADOPTED THIS REGULATION : Whereas, in order to ensure that the sugar is not diverted to another destination, provision should be made for the lodging of an appropriate security and Article 1 for its release when the sugar has reached its destina­ tion according to the relevant Community rules ; 1 . A standing invitation to tender shall be issued for the determination of the export levies or export Whereas the general rules governing invitations to refunds on a quantity of white sugar of 50 000 tonnes tender for the determination of export refunds for destined for Poland. During the period of validity of sugar were laid down in Council Regulation (EEC) No this standing invitation there shall be issued partial 766/68 of 18 June 1968 laying down general rules for invitations . granting export refunds on sugar (4), as last amended by Regulation (EEC) No 1 489/76 (5) ; whereas these (6) OJ No L 50 , 4 . 3 . 1970 , p. 1 . 0 OJ No L 162, 1 . 7 . 1977 , p. 6 . (') OJ No Lf 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 38 , 11 . 2. 1981 , p . 8 . (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 . ¥) OJ No L 167, 26. 6. 1976, p. 13 . 0 2) OJ No L 160 , 26 . 6 . 1980 , p. 42.

24. 4. 81 Official Journal of the European Communities No L 112/ 11

2. Tenders shall relate to the export levy and/or If, however, the average of the closing selling prices for export refund necessary to ensure this exportation the July 1981 position on the Paris futures market as under the conditions laid down in this Regulation . quoted on the two days preceding the partial invitation to tender in question, multiplied by a coefficient of 0-90, is less than the amount referred to in the first Article 2 subparagraph then the contractual selling price may not exceed that average as so adjusted. 1 . The standing and partial invitations to tender shall be conducted in accordance with Regulation 2. The sugar must be delivered in jute sacks con­ (EEC) No 766/68 and the following provisions. Regu­ taining 50 kilograms net, fob European ports of the lation (EEC) No 394/70 shall not apply. Community, on dates to be agreed between the contracting parties. 2. The standing invitation shall be closed ipso facto on the date of the partial invitation to tender at which awards are made which completely account for the Article 6 quantity referred to in Article 1 ( 1 ). 1 . Offers, which must be in writing, shall be either Article 3 delivered by hand to the competent authority of a Member State, against a receipt, or addressed to that 1 . The Member States shall issue an invitation to authority by registered letter, telex or telegram . tender which shall be published in the Official Journal of the European Communities. Member States 2. Each offer must indicate : may also publish the notice, or have it published, else­ where . (a) the reference number of the invitation to tender ; (b) the name and address of the tenderer ; 2. The notice shall indicate in particular the condi­ (c) the quantity to be exported ; tions applying to the tenders. (d) the amount of the export levy or, where appro­ 3 . The notice shall be published only for the priate, of the export refund on the quantity of purpose of opening the standing invitation to tender. sugar referred to under (c) per 100 kilograms of It may be amended during the period in which the sugar, expressed in the currency of the Member invitation remains open . It shall be so amended if the State in which the tender is submitted ; terms of the invitation are changed. (e) the amount of the tendering security to be lodged covering the quantity of sugar referred to under (c), expressed in the currency of the Member State in Article 4 which the tender is submitted. 1 . The period during which tenders may be 3 . An offer shall be valid only if : submitted in response to the first partial invitation to tender : (a) it relates to a quantity of 5 000 tonnes of sugar or to a multiple of that quantity ; (a) shall begin on the day on which the notice of the standing invitation to tender is published in the (b) proof is furnished before expiry of the time limit Official Journal of the European Communities ; for the submission of tenders that the tenderer has lodged the security indicated in the tender ; (b) shall end on 6 May 1981 at 10 a.m . (c) it includes a declaration by the tenderer that if his 2. The periods during which tenders may be tender is successful he will, within the period laid submitted in respect of each of the subsequent partial down in Article 1 2 (b), apply for export licences in invitations : respect of the quantities of sugar to be exported ; (a) shall begin on the first working day following the (d) it includes a declaration by the tenderer certifying end of the preceding period ; that the product for export is white sugar of sound, fair and merchantable quality, falling within (b) shall end at 10 a.m. on the Wednesday of the subheading 17.01 A of the Common Customs following week. Tariff ; 3 . The times specified in this Regulation are (e) it includes a declaration by the tenderer that, if his Belgian times. tender is successful, he will abide by the maximum price referred to in the first or second subpara­ graph of Article 5 ( 1 ) and that he will furnish the Article 5 proof referred to in Article 12 (c) within the period laid down ; 1 . The contractual selling price, including the levy or refund offered, may not exceed 50-71 ECU per 100 (f) it contains all the particulars required under para­ kilograms of white sugar. graph 2.

No L 112/ 12 Official Journal of the European Communities 24 . 4 . 81

4. An offer may stipulate that it is to be regarded as 2, persons present at the examination shall be under having been submitted only if : an obligation not to disclose any particulars relating thereto . (a) the minimum export levy or, where applicable, the maximum export refund, is fixed on the day of 2. Tenders shall be communicated to the Commis­ expiry of the period for the submission of the sion forthwith and in such manner that the tenderers tenders in question ; remain anonymous. (b) the award relates to all or a specific part of the quantity tendered for. Article 9 5 . An offer which is not submitted in accordance with the provisions of this Regulation, or which 1 . Account being /taken of the current state and contains conditions other than those indicated in the foreseeable development of the Community and world notice of invitation to tender, shall not be considered . sugar markets and th£ conditions governing the sale as laid down in Article 5, there shall be fixed for each lot either : 6. Once submitted, a tender may not be withdrawn . — a minimum export levy, or — a maximum export refund. Article 7 2. Nevertheless, a decision may be taken to make 1 . The security for tenders shall be 15 ECU per 100 no award under a specific partial invitation to tender. kilograms of sugar to be exported under this invitation to tender. Article 10 For successful tenderers, and by way of derogation from the first indent of Article 8 ( 1 ) (d) of Regulation 1 . Where a minimum export levy is fixed an award (EEC) No 2990/76, this security shall constitute the shall made to the tenderer or tenderers quoting the security for the export licence when the application highest levy. If the whole of the quantity referred to in referred to in Article 12 (b) is made. Article 1 ( 1 ) is not covered by that award then awards shall be made to other tenderers in descending order 2. The tenderer may provide the security either in of their quoted levies until the entire quantity has cash or in the form of a guarantee given by an esta­ been accounted for. blishment complying with criteria laid down by the Member State in which the tender is submitted. 2. Where a maximum export refund is fixed an award shall be made in accordance with paragraph 1 ; 3 . Except in case of force majeure, the security for if after such awards a quantity is still outstanding, or if the tender shall be released only : there are no tenders quoting a levy, then awards shall be made to tenderers in ascending order of their (a) in respect of any quantity for which no award has quoted refunds until the entire quantity referred to in been made ; Article 1 ( 1 ) has been accounted for. (b) if a successful tenderer has, within the period laid 3 . Where, however, an award made under the rules down in Article 12 (b), applied for an export licence and only in respect of a quantity for which laid down in paragraphs 1 and 2 would result in the proof is provided of its importation into Poland. quantity referred to in Article 1 ( 1 ) being exceeded, This proof shall be furnished in accordance with that award shall be made to the tenderer in question the provisions of Article 20 of Regulation (EEC) only in respect of a quantity which allows the former No 2730 /79 ('). quantity to be entirely accounted for. Where two or more tenderers quote the same levy or the same refund and awards to all of them would result in the 4. In case of force majeure, the competent authority of the Member State concerned shall take such action same quantity being exceeded awards shall be made pro rata to the tendered quantities. as it considers necessary having regard to the circum­ stances invoked by the party concerned .

Article11¶

Article 8 1 . The competent authority of the Member State concerned shall immediately notify applicants of the 1 . Tenders shall be examined in private by the result of their participation in the invitation to tender. competent authority concerned. Subject to paragraph In addition, that authority shall send successful (') OJ No L 317, 12. 12. 1979 , p. 1 . tenderers a statement of award .

24 . 4 . 81 Official Journal of the European Communities No L 112/ 13

2. The statement of award shall indicate : This right and these obligations shall not be trans­ ferable . (a) the reference number of the invitation to tender ; (b) the quantity to be exported ; Article 13 (c) the export levy to be charged or, where applicable , the export refund to be granted, per 100 kilograms 1 . Article 9 of Regulation (EEC) No 2990/76 and of white sugar of the quantity referred to in (b). Article 8 (4) and (5) of Regulation (EEC) No 3183/ 80 shall not apply to white sugar to be exported in accor­ dance with this Regulation . Article 12 2 . Export licences issued in connection with this Every successful tenderer shall have : standing invitation to tender shall be valid from the (a) the right to be issued in respect of the quantity day of issue to 30 September 1981 . awarded, and subject to the conditions in (c), with 3 . In addition to the endorsements required under an export licence indicating as appropriate the Article 2 ( 2) and (3) of Regulation (EEC) No 2990/76, export levy or the export refund quoted in the section 13 of the application for licences and of the tender ; export licences issued in connection with this invita­ (b) the obligation to lodge in accordance with the rele­ tion to tender shall include one of the following vant provisions of Regulation (EEC) No 3183/ 80 endorsements : an application for an export licence in respect of — ' Poland , that quantity , Article 12 (2) of that Regulation and Article 10 of Regulation (EEC) No 64.5/75 not — 'Pologne', — ' Polen ', applying in such a case . The application shall be — 'Polen ', lodged not later than 15 days following the day on — ' Polonia ', which the partial invitation was held . — ' Polen ', (c) the obligation to provide the authority of the — Tlo?tcovia '. Member State to which the tender was submitted, and this within the period referred to in (b), proof 4 . The licence carries the obligation to export to that the maximum selling price referred to in the Poland . first or second subparagraph of Article 5 ( 1 ) has not been exceeded ; such proof shall be provided in Article 14 the form of a certified copy of the contract of sale entered into by the successful tenderer and the This Regulation shall enter into force on 24 April competent authority in Poland . 1981 .

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

Done at Brussels, 22 April 1981 .

For the Commission Poul DALSAGER Member of the Commission