31981R2042

21 . 7 . 81 Official Journal of the European Communities No L 200/27

COMMISSION REGULATION ( EEC) No 2042/ 81 of 16 July 1981 on a supplementary 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 Having regard to the Treaty establishing the European for the application of the system of import and export Economic Community, licences and advance-fixing certificates for agricultural products (9) and from Commission Regulation (EEC) No 645/75 of 13 March 1975 laying down common Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organiza­ detailed rules for the application of the export levies tion of the market in sugar (l), and in particular Arti­ and charges on agricultural products (10), as last cles 13 (2), 18 (5), 19 (4) and (7) and the second para­ amended by Regulation (EEC) No 1607/80 (n); 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 and world sugar markets, a supplementary standing Article 1 invitation to tender should be issued for the exporta­ tion of white sugar which, having regard to possible 1 . There shall be issued a supplementary standing fluctuations in world prices for sugar, must provide for invitation to tender in order to determine export the determination of export levies and/or export levies and/or export refunds on white sugar, and refunds ; during the period of validity of this standing invita­ tion 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 31 August 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 transac­ The standing invitation to tender and the partial invi­ tions 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 1 970 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. ( 10) 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.

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3 . The notice shall be published only for the the currency of the Member State in which the purpose of opening the standing invitation to tender. tender is submitted . It may be amended during the period of validity of the standing invitation to tender. It shall be so 3 . An offer shall be valid only if : amended if the terms of the invitation are modified . (a) the quantity to be exported is not less than 250 tonnes of white sugar ; Article 4 (b) proof is furnished before expiry of the time limit 1 . The period during which tenders may be for the submission of offers that the tenderer has submitted in response to the first partial invitation to lodged the security indicated in the offer ; tender : (c) it includes a declaration by the tenderer that if his (a) shall begin on 1 March 1982, offer is successful he will, within the period laid down under (b) of Article 12, apply for export (b) shall end on 18 March 1982 at 10.30 a.m . licences in respect of the quantities of white sugar 2. The periods during which tenders may be to be exported ; submitted in response to the second and subsequent (d) it includes a declaration by the tenderer that if his partial invitations : offer is successful he will : (a) shall begin on the first working day following the end of the preceding period ; — where the obligation to export created by the export licence referred to under (b) of Article (b) shall end at 10.30 a.m . on the Wednesday of the 12 is not fulfilled, supplement the security by following week. payment of the amount referred to in Article 13 (4) and, 3 . By way of derogation from paragraph 2 (b), the period for the submission of tenders which would — within 30 days following the expiry of the otherwise end on : export licence in question, notify the agency which issued the licence of the quantity or (a) Wednesday, 17 March 1982 shall end on Thursday, quantities in respect of which the licence was 18 March 1982 at 10.30 a.m .; not used ; (b) Wednesday, 28 April 1982 shall end on Tuesday, (e) it contains all the information required under para­ 27 April 1982 at 10.30 a.m .; graph 2. (c) Wednesday 14 and Wednesday, 21 July 1982 shall end on Tuesday 13 and Tuesday, 20 July 1982 4. An offer may stipulate that it is to be regarded as respectively, at 10.30 a.m . having been sumitted only if :

4. The time limits laid down in this Regulation are (a) the minimum export levy or, where applicable, the expressed in Belgian time. maximum export refund, is fixed on the day of expiry of the period for the submission of the offers in question ; Article 5 (b) the offer, if successful, relates to all or a specified 1 . Offers in connection with this tender must be in part of the tendered quantity. writing, and must be either delivered by hand, against a receipt, to the competent authority in a Member 5 . An offer which is not submitted in accordance State, or addressed to that authority by registered with the provisions of this Regulation, or which letter, telex or telegram . contains terms other than those indicated in the notice of invitation to tender, shall not be considered. 2 . An offer must indicate :

(a) the reference number of the invitation to which 6. Once submitted, an offer may not be withdrawn. the offer relates ;

(b) the name and address of the tenderer ; Article 6 (c) the quantity of white sugar to be exported ; 1 . A security of 9 ECU per 100 kilograms of sugar (d) the amount of the export levy or, where applicable to be exported under this invitation to tender must be of the export refund per 100 kilograms of white lodged by each tenderer. Without prejudice to Article sugar, expressed in the currency of the Member 13 (4) of this Regulation, this security shall in the case State in which the tender is submitted ; of the successful tenderers and at the time of the appli­ (e) the amount of the security to be lodged covering cation referred to in Article 1 2 (b) become the security the quantity of sugar indicated in (c), expressed in for the export licence.

21 . 7 . 81 Official Journal of the European Communities No L 200 / 29

2. The security may be lodged, at the tenderers tenderer whose tender quotes a rate a levy equal to or choice either in cash or in the form of a guarantee greater than such minimum levy. given by an establishment complying with criteria laid down by the Member State in which the tender is Subject to Article 1 0, where a maximum export refund submitted. is fixed, a contract shall be awarded to every tenderer whose tender quotes a rate of refund equal to or less 3. Except in case of force majeure the security shall than such maximum refund and to every tenderer be released : who has tendered for an export levy. (a) to tenderers only in respect of the quantity for which no award was made ; Article 10 (b) to successful tenderers only if they applied for their export licence within the period laid down under (b) of Article 1 2 and only for the quantity in 1 . Where a maximum quantity has been fixed for a respect of which they have fulfilled the obligation partial invitation to tender : created by that licence, Article 33 of Regulation (EEC) No 3183/80 remaining applicable. — if a minimum levy is fixed, a contract shall be awarded to the tenderer whose tender quotes the 4. In case of force majeure, the competent agency highest levy. If the maximum quantity is not fully in the Member State concerned shall take such action covered by that award, awards shall be made to as it considers necessary having regard to the circum­ other tenderers in descending order of levies stances invoked by the party concerned. quotes until the entire maximum quantity has been accounted for ;

— if a maximum refund is fixed, contracts shall be Article 7 awarded in accordance with the first indent ; if after such awards a quantity is still outstanding, or 1 . Offers shall be examined in private by the if there are no tenders quoting a levy, contracts competent authority concerned. Subject to paragraph shall be awarded in ascending order of refunds 2, persons present at the examination shall be under quoted until the entire maximum quantity has an obligation not to disclose any particulars relating been accounted for, to tenderers quoting a refund. thereto .

2. Offers shall be communicated to the Commis­ 2. However, where an award to a particular tenderer sion forthwith and in such manner that the tenderers in accordance with the provisions of paragraph 1 would result in the maximum quantity being remain anonymous . exceeded, that award shall be limited to such quantity as is still available . Where two or more tenderers quote the same levy or the same refund and awards to Article 8 all of them would result in the maximum quantity being exceeded, then the quantity available shall be 1 . After the offers received have been examined, a awarded as follows : maximum quantity may be fixed for that partial invita­ tion . — by being divided among the tenderers concerned in proportion to the total quantities in each of 2. A decision may be taken to make no award their tenders, or under a specific partial invitation to tender. — by being apportioned among the tenderers concerned by reference to a maximum tonnage to be fixed for each of them , or Article 9 — by the drawing of lots. 1 . In the light of the intervention price for white sugar for the 1981 /82 marketing year and the current state and foreseeable development of the Community Article 11 and world sugar markets, there shall be fixed either :

— a minimum export levy, or 1 . The competent authority of the Member State — a maximum export refund. concerned shall immediately notify applicants of the result of their participation in the invitation to tender. 2. Subject to Article 10, where a minimum export In addition , that authority shall send , successful levy is fixed, a contract shall be awarded to every tenderers a statement of award .

No L 200 / 30 Official Journal of the European Communities 21 . 7 . 81

2. The statement of award shall indicate : under (b) of Article 12 has not been fulfilled and if the security referred to in Article 6 is less than : (a) the reference number of the invitation to which the tender relates ; (a) the export levy indicated on the licence reduced by the levy referred to in the second subparagraph (b) the quantity of white sugar to be exported ; of Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in force on the last day of validity of the said (c) the export levy to be charged, or where applicable licence, or the export refund to be granted, per 100 kilograms of white sugar of the quantity referred to in (b). (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 Article 12 last day of validity of the said licence, or

Every successful tenderer shall have : (c) the export refund referred to in Article 2 of Regula­ tion (EEC) No 766/68 in force on the last day of (a) the right to claim in respect of the quantity validity of the licence reduced by the refund indi­ awarded, an export licence indicating as appro­ cated on the said licence, priate the export levy or the export refund quoted in his offer ; then, under the time limits and conditions laid down in Article 33 of Regulation (EEC) No 3183/80 and by (b) the obligation to lodge, in accordance with the way of a supplementary security for the quantity in relevant provisions of Regulation (EEC) No respect of which the said obligation was not fulfilled, 3183/80, an application for an export licence in the licence holder shall be charged an amount equal respect of that quantity, Article 1 2 (2) of that Regu­ to the difference between the result of the calculation lation and Article 10 of Regulation (EEC) No made under (a), (b) or (c), as the case may be, and the 645/75 not applying in such a case. security referred to in Article 6. The application shall be lodged not later than the day preceding the date of the following partial invi­ tation to tender. Where, however, the latter partial Article 14 invitation to tender does not take place within the period referred to under (b) of Article 4 (2), the 1 . In so far as the conditions set out in Article 12 application for a licence shall be lodged within of Regulation (EEC) No 766/68 are satisfied, any five days of the date of the partial invitation to export refunds and export levies fixed in advance in tender in respect of which that application is connection with this invitation to tender before 1 July lodged ; 1982 for sugar exported on or after that date shall, at (c) the obligation to export the tendered quantity and, the request of the party concerned, be adjusted in if this obligation is not fulfilled, to pay, where accordance with paragraph 2. necessary, the amount referred to in Article 13 (4). 2. For purposes of the adjustment referred to in This right and these obligations shall not be transfer­ paragraph 1 , the export refund shall be increased, and able . the export levy decreased, by the difference, expressed in ECU per 100 kilograms, between the intervention price of sugar applicable with effect from 1 July 1982 Article 13 and the intervention price of that sugar applicable on 30 June 1982. 1 . Article 9 of Regulation (EEC) No 2990/76 shall not apply to the white sugar to be exported in accor­ In calculating the difference referred to in the above dance with this Regulation . subparagraph there shall be added to these interven­ tion prices the relevant storage levy as referred to 2. Export licences issued in connection with a under (a) of the third subparagraph of Article 8 (2) of partial invitation to tender shall be valid from the day Regulation (EEC) No 1785/8 1 . of issued until 30 September 1982.

3. Export licences issued in conftection with a Article 15 partial invitation to tender held between 18 March 1982 and 30 June 1982 may be used from 1 July 1982 only. This Regulation shall enter into force on 21 July 1981 . 4. Except in case of force majeure, if the obligation to export created by the export licence referred to It shall apply from 1 March 1982.

21 . 7 . 81 Official Journal of the European Communities No L 200 / 31

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