31981R2041

No L 200/22 Official Journal of the European Communities 21 . 7 . 81

COMMISSION REGULATION (EEC) No 2041 /81 of 16 July 1981 on a principal standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

THE COMMISSION OF THE EUROPEAN amended by Regulation (EEC) No 342/81 (8), from COMMUNITIES, Commission Regulation (EEC) No 3183/80 of 3 December 1980 laying down common detailed rules for the application of the system of import and export Having regard to the Treaty establishing the European licences and advance-fixing certificates for agricultural Economic Community, products (9) and from Commission Regulation (EEC) No 645/75 of 13 March 1975 laying down common Having regard to Council Regulation (EEC) No detailed rules for the application of the export levies 1785/81 of 30 June 1981 on the common organiza­ and charges on agricultural products (10), as last tion of the market in sugar (!), and in particular Arti­ amended by Regulation (EEC) No 1607/80 ( H); cles 13 (2), 18 (5), 19 (4) and (7) and the second para­ graph of Article 39 thereof, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Having regard to Council Regulation (EEC) No ment Committee for Sugar, 608/72 of 23 March 1972 laying down rules to be applied in the case of considerable price rises on the world sugar market (2), and in particular Article 1 ( 1 ) thereof, HAS ADOPTED THIS REGULATION :

Whereas, in view of the situation on the Community Article 1 and world sugar markets, a principal standing invita­ tion to tender should be issued for the exportation of white sugar which, having regard to possible fluctua­ 1 . There shall be issued a principal standing invita­ tions in world prices for sugar, must provide for the tion to tender in order to determine export levies determination of export levies and/or export refunds ; and/or export refunds on white sugar, and during the period of validity of this standing invitation there shall be issued partial invitations to tender. Whereas the general rules governing invitations to tender for the purpose of determining export refunds 2. The standing invitation to tender shall remain for sugar were laid down in Council Regulation (EEC) open until 16 June 1982. No 766/68 of 18 June 1968 laying down general rules for granting export refunds on sugar (3), as last amended by Regulation (EEC) No 1489/76 (4) ; Article 2

Whereas, in view of the specific nature of the trans­ The standing invitation to tender and the partial invi­ actions involved, special detailed rules of application tations shall be conducted in accordance with Regula­ should be laid down in this Regulation, and those tion (EEC) No 766/68 and with the following provi­ provided for in Commission Regulation (EEC) No sions. Regulation (EEC) No 394/70 shall not apply. 394/70 of 2 March 1970 on detailed rules for granting export refunds on sugar (5), as last amended by Regula­ tion (EEC) No 1467/77 (6), should not apply ; whereas, Article 3 for the same reasons, appropriate provisions should be laid down with regard to export licences issued in 1 . The Member States shall draw up a notice of invi­ connection with the standing invitation to tender and tation to tender which shall be published in the Offi­ there should be a derogation from Commission Regu­ cial Journal of the European Communities. Member lation (EEC) No 2990/76 of 9 December 1976 on States may also publish the notice, or have it special detailed rules for the application of the system published, elsewhere . of import and export licences for sugar (7), as last 2. The notice shall indicate in particular the terms (») OJ No L 177, 1 . 7. 1981 , p. 4. of the invitation to tender. (2) OJ No L 75, 28 . 3 . 1972, p. 5. (3) OJ No L 143, 25. 6. 1968 , p. 6. (4) OJ No L 167, 26. 6 . 1976, p . 13 . (8) OJ No L 38 , 11 . 2. 1981 , p. 8 . (5) OJ No L 50, 4. 3 . 1970, p. 1 . (9) OJ No L 338 , 13 . 12. 1980, p. 1 . (<>) OJ No L 162, 1 . 7. 1977, p. 6. H OJ No L 67, 14. 3 . 1975, p. 16. (7) OJ No L 341 , 10 . 12. 1976, p. 14. (») OJ No L 160 26 . 6. 1980, p. 42.

21 . 7 . 81 Official Journal of the European Communities No L 200/23

3 . The notice shall be published only for the sugar, expressed in the currency of the Member purpose of opening the standing invitation to tender. State in which the tender is submitted ; It may be amended during the period of validity of (e) the amount of the security to be lodged covering the standing invitation to tender. It shall be so the quantity of sugar indicated in (c), expressed in amended if the terms of the invitation are modified. the currency of the Member State in which the tender is submitted . Article 4 3 . An offer shall be valid only if : 1 . The period during which tenders may be (a) the quantity to be exported is not less than 250 submitted in response to the first partial invitation to tonnes of white sugar ; tender : (b) proof is furnished before expiry of the time limit (a) shall begin on 21 July 1981 , for the submission of offers that the tenderer has (b) shall end on 28 July 1981 at 10.30 a.m . lodged the security indicated in the offer ;

2. The periods during which tenders may be (c) it includes a declaration by the tenderer that if his submitted in response to the second and subsequent offer is successful he will, within the period laid partial invitations : down under (b) of Article 12, apply for export licences in respect of the quantities of white sugar (a) shall begin on the first working day following the to be exported ; end of the preceding period ; (d) it includes a declaration by the tenderer that if his (b) shall end at 10.30 a.m . on the Wednesday of the offer is successful he will : following week. — where the obligation to export created by the 3 . By way of derogation from paragraph 2 (b), the export licence referred to under (b) of Article period for the submission of tenders which would 12 is not fulfilled, supplement the tender by otherwise end on : payment of the amount referred to in Article 13 (3) and, (a) Wednesday, 11 and Wednesday, 18 November 1981 shall end on Tuesday, 10 and Tuesday, 17 — within 30 days following the expiry of the November 1 98 1 respectively, at 1 0.30 a.m . ; export licence in question, notify the agency which issued the licence of the quantity or (b) Wednesday, 6 January 1982 shall end on quantities in respect of which the licence was Thursday, 7 January 1982 at 10.30 a.m .; not used ; (c) Wednesday, 17 March 1982 shall end on (e) it contains all the information required under para­ Thursday, 18 March 1982 at 10.30 a.m .; graph 2. (d) Wednesday, 28 April 1982 shall end on Tuesday, 4. An offer may stipulate that it is to be regarded as 27 April 1982 at 10.30 a.m . having been sumitted only if : 4. By way of derogation from paragraph 2, the (a) the minimum export levy or, where applicable, the partial invitation to tender planned for Wednesday, 30 maximum export refund, is fixed on the day of December 1981 will not take place. expiry of the period for the submission of the offers in question ; 5. The time limits laid down in this Regulation are expressed in Belgian time. (b) the offer, if successful, relates to all or a specified part of the tendered quantity. Article 5 5 . An offer which is not submitted in accordance 1 . Offers in connection with this tender must be in with the provisions of this Regulation, or which contains terms other than those indicated in the writing, and must be either delivered by hand, against notice of invitation to tender, shall not be considered . a receipt, to the competent authority in a Member State, or addressed to that authority by registered 6. Once submitted, an offer may not be withdrawn . letter, telex or telegram .

2 . An offer must indicate : Article 6 (a) the reference number of the invitation to which 1 . A security of 9 ECU per 100 kilograms of sugar the offer relates ; to be exported under this invitation to tender must be (b) the name and address of the tenderer ; lodged by each tenderer. Without prejudice to Article 13 (3) of this Regulation, this security shall in the case (c) the quantity of white sugar to be exported ; of the successful tenderers and at the time of the appli­ (d) the amount of the export levy or, where applicable cation referred to in Article 1 2 (b) become the security of the export refund per 100 kilograms of white for the export licence .

No L 200 / 24 Official Journal of the European Communities 21 . 7 . 81

2. The security may be lodged, at the tenderer s — a minimum export levy, or choice either in cash or in the form of a guarantee — a maximum export refund. given by an establishement complying with criteria laid down by the Member State in which the tender is submitted . 2. Subject to Article 10, where a minimum export levy is fixed, a contract shall be awarded to every tenderer whose tender quotes a rate of levy equal to or 3. Except in case of force majeure the security shall greater than such minimum levy. be released :

Subject to Article 10, where a maximum export refund (a) to tenderers only in respect of the quantity for is fixed, a contract shall be awarded to every tenderer which no award was made ; whose tender quotes a rate of refund equal to or less than such maximum refund and to every tenderer (b) to successful tenderers only if they applied for who has tendered for an export levy. their export licence within the period laid down under (b) of Article 1 2 and only for the quantity in respect of which they have fulfilled the obligation Article 10 created by that licence, Article 33 of Regulation (EEC) No 3183/80 remaining applicable. 1 . Where a maximum quantity has been fixed for a partial invitation to tender : 4. In case of force majeure, the competent agency in the Member State concerned shall take such action — if a minimum levy is fixed, a contract shall be as it considers necessary having regard to the circum­ stances invoked by the party concerned. awarded to the tenderer whose tender quotes the highest levy. If the maximum quantity is not fully covered by that award, awards shall be made to other tenderers in descending order of levies Article 7 quoted until the entire maximum quantity has been accounted for ; 1 . Offers shall be examined in private by the — if a maximum refund is fixed, contracts shall be competent authority concerned. Subject to paragraph awarded in accordance with the first indent ; if 2, persons present at the examination shall be under an obligation not to disclose any particulars relating after such awards a quantity is still outstanding, or thereto . if there are no tenders quoting an export levy, contracts shall be awarded in ascending order of refunds quoted until the entire maximum quantity 2. Offers shall be communicated to the Commis­ has been accounted for, to tenderers quoting a sion forthwith and in such manner that the tenderers refund . remain anonymous .

2. However, where an award to a particular tenderer in accordance with the provisions of paragraph 1 Article 8 would result in the maximum quantity being exceeded, that award shall be limited to such quantity as is still available . Where two or more tenderers 1 . After the offers received have been examined, a quote the same levy or the same refund and awards to maximum quantity may be fixed for that partial invita­ tion . all of them would result in the maximum quantity being exceeded, then the quantity available shall be awarded as follows : 2. A decision may be taken to make no award under a specific partial invitation to tender. — by being divided among the tenderers concerned in proportion to the total quantities in each of their tenders, or Article 9 — by being apportioned among the tenderers concerned by reference to a maximum tonnage to 1 . In the light of the intervention price for white be fixed for each of them, or sugar for the 1981 /82 marketing year and the current state and foreseeable development of the Community and world sugar markets, there shall be fixed either : — by the drawing of lots.

21 . 7. 81 Official Journal of the European Communities No L 200/25

Article 11 2. Export licences issued in connection with a partial invitation to tender shall be valid from the day of issue until the end of the fifth month following 1 . * ue competent authority of the Member State that in which the award in respect of that partial invi­ concerned shall immediately notify applicants of the tation to tender was made . result of their participation in the invitation to tender. In addition, that authority shall send successful However, tenderers a statement of award. (a) export licences issued in connection with a partial 2. The statement of award shall indicate : invitation to tender :

(a) the reference number of the invitation to which — held between 28 July 1981 and 16 September the tender relates ; 1981 shall be used only with effect from 16 September 1981 , (b) the quantity of white sugar to be exported ; — held between 17 and 30 September 1981 shall be valid from the day of issue, (c) the export levy to be charged, or where applicable the export refund to be granted, per 100 kilograms and shall be valid only until 31 December 1981 . of white sugar of the quantity referred to in (b). (b) export licences issued in connection with a partial invitation to tender held after 1 February 1982 Article 12 shall be valid only until 31 July 1982.

Every successful tenderer shall have : 3. Except in case of force majeure, if the obligation to export created by the export licence referred to (a) the right to claim in respect of the quantity under (b) of Article 12 has not been fulfilled and if awarded, an export licence indicating as appro­ the security referred to in Article 6 is less than : priate the export levy or the export refund quoted in his offer ; (a) the export levy indicated on the licence reduced by the levy referred to in the second subparagraph (b) the obligation to lodge, in accordance with the of Article 18 ( 1 ) of Regulation (EEC) No 1785/81 relevant provisions of Regulation (EEC) No in force on the last day of validity of the said 3183/80, an application for an export licence in licence, or respect of that quantity, Article 1 2 (2) of that Regu­ lation and Article 10 of Regulation (EEC) No 645/75 not applying in such a case. (b) the sum of the export levy indicated on the licence and the export refund referred to in Article 2 of Regulation (EEC) No 766/68 in force on the The application shall be lodged not later than the last day of validity of the said licence, or day preceding the date of the following partial invi­ tation to tender. Where, however, the latter partial invitation to tender does not take place within the (c) the export refund referred to in Article 2 of Regula­ period referred to under (b) of Article 4 (2), the tion (EEC) No 766/68 in force on the last day of application for a licence shall be lodged within validity of the licence reduced by the refund indi­ five days of the date of the partial invitation to cated on the said licence, tender in respect of which that application is lodged ; then, under the time limits and conditions laid down in Article 33 of Regulation (EEC) No 3183/80 and by (c) the obligation to export the tendered quantity and, way of a supplementary security for the quantity in if this obligation is not fulfilled, to pay, where respect of which the said obligation was not fulfilled, necessary, the amount referred to in Article 13 (3). the licence holder shall be charged an amount equal to the difference between the result of the calculation This right and these obligations shall not be transfer­ made under (a), (b) or (c), as the case may be, and the able . security referred to in Article 6.

Article13¶

1 . Article 9 of Regulation (EEC) No 2990/76 shall not apply to the white sugar to be exported in accor­ This Regulation shall enter into force on 21 July dance with this Regulation . 1981 .

No L 200 /26 Official Journal of the European Communities 21 . 7 . 81

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

Done at Brussels, 16 July 1981 .

For the Commission

The President Gaston THORN