31982R1496
12 . 6 . 82 Official Journal of the European Communities No L 161 / 5
COMMISSION REGULATION (EEC) No 1496/82 of 10 June 1982 amending Regulations (EEC) No 2041 /81 , (EEC) No 2042/81 and (EEC) No 2235/81 on standing invitations to tender for the export of sugar for the 1981/82 marketing year
THE COMMISSION OF THE EUROPEAN compensatory amounts (10) provides that, where the COMMUNITIES, levy or refund is fixed by means of tenders, applica tions to fix the monetary compensatory amount in advance shall be accepted only if the party concerned Having regard to the Treaty establishing the European has declared in writing at the time of submission of Economic Community, the tender that he will also apply to fix the monetary compensatory amount in advance if the tender is Having regard to Council Regulation (EEC) No 974/71 accepted in whole or in part ; whereas, in such cases, of 12 May 1971 on certain measures of conjunctural the obligation to lodge an application to fix the levy or policy to be taken in agriculture following the tempo refund in advance following acceptance of the tender rary widening of the margins of fluctuation for the involves an obligation to request at the same time currencies of certain Member States ('), as last amended advance fixing of the monetary compensatory by Regulation (EEC) No 3605/81 (2), and in particular amount ; Article 6 thereof,
Whereas, for reasons peculiar to the market in sugar, Having regard to Council Regulation (EEC) No when an operator intends to make use of the facility of 1785/81 of 30 June 1981 on the common organization fixing a monetary compensatory amount in advance in of the market in sugar (3), as last amended by Regula connection with a levy or refund on exportation fixed tion (EEC) No 606/82 (4), and in particular Articles 13 in advance under a tendering procedure he only makes (2), 18 (5) and 19 (7) thereof, up his mind to do so at the moment when the appli cation for the export licence is made ; Having regard to Council Regulation (EEC) No 608/72 of 23 March 1972 laying down rules to be applied in Whereas in fact it is only after the offeror has been the case of considerable price rises on the world sugar declared successful in respect of a levy or refund for market (*), and in particular Article 1 ( 1 ) thereof, the quantity of sugar indicated in his tender that the said monetary compensatory amount can be fixed in Whereas, in accordance with Commission Regulation advance ; whereas application of the second subpara (EEC) No 2041 /81 of 16 July 1981 on a principal graph of the said Article 3 ( 1 ) would as a consequence, if the tenderer did not, as laid down, ask for advance standing invitation to tender to determine levies and/or refunds on exports of white sugar (6), Regulation fixing of the monetary compensatory amount at the (EEC) No 2042/81 of 16 July 1981 on a supplemen time the licence or certificate was applied for, entail tary standing invitation to tender in order to determine his losing a very large security, the loss of which would levies and/or refunds on exports of white sugar Q and be out of proportion to the objective behind the provi Commission Regulation (EEC) No 2235/81 of 31 July sions of the second subparagraph of Article 3 ( 1 ) of 1981 on a standing invitation to tender in order to Regulation (EEC) No 1160/82 ; whereas in conse determine levies and/or refunds on exports of raw quence a derogation should be made from the said sugar (8), as amended all three by Regulation (EEC) No provision in the case of tendering procedures opened 722/82 (9), the Member States issue partial invitations for the export of sugar, namely that application for to tender for the export of white sugar and raw sugar ; advance fixing of the monetary compensatory amount at the time when the application for the export licence is made should be optional ; Whereas the second subparagraph of Article 3 ( 1 ) of Commission Regulation (EEC) No 1160/82 of 14 May Whereas for administrative reasons certain of the time 1982 providing for the advance fixing of monetary schedules laid down for partial invitations to tender should be altered ; (') OJ No L 106, 12. 5 . 1971 , p. 1 . (2) OJ No L 362, 17. 2. 1981 , p. 2. (3) OJ No L 177, 1 . 7. 1981 , p. 4. Whereas the measures provided for in this Regulation (4) OJ No L 74, 18 . 3 . 1982, p . 1 . 0 OJ No L 75, 28 . 3 . 1972, p. 5. are in accordance with the opinion of the Management I6) OJ No L 200, 21 . 7. 1981 , p. 22. Committee for Sugar, 0 OJ No L 200, 21 . 7. 1981 , p. 27. (8) OJ No L 218 , 4. 8 . 1981 , p. 19 . O OJ No L 85, 31 . 3 . 1982, p. 5. H OJ No L 134, 15. 5. 1982, p. 22.
No L 161 /6 Official Journal of the European Communities 12 . 6 . 82
HAS ADOPTED THIS REGULATION : 'Article 13a If the tenderer intends to apply for advance fixing of the monetary compensatory amount under this Article 1 standing invitation to tender, the provisions of the second subparagraph of paragraph 1 of Article 3 of 1 . The following third subparagraph is added to Regulation (EEC) No 1160/82 shall not apply. Article 4 (3) of Regulations (EEC) No 2042/81 and (EEC) No 2235/81 : When use is made of the provisions of the first subparagraph of paragraph 1 of Article 3 of that 'By way of derogation from paragraph 2 (b), the Regulation, those of the third subparagraph of period for the submission of tenders which was to paragraph 1 and of paragraph 2 of that Article shall end on Wednesday 30 June 1982 shall end on remain applicable to this tendering procedure.' Thursday 1 July 1982 at 10.30 a.m.' Article 2 2. The following Article 13a is inserted after Article 13 of Regulations (EEC) No 2041 /81 , (EEC) No This Regulation shall enter into force on 14 June 2042/81 and (EEC) No 2235/81 : 1982 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 10 June 1982. For the Commission Poul DALSAGER Member of the Commission