31982R2014

24 . 7 . 82 Official Journal of the European Communities No L 216/ 15

COMMISSION REGULATION (EEC) No 2014/82 of 20 July 1982 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 rules for the application of the system of import and COMMUNITIES, export licences for sugar (8), as last amended by Regu­ lation (EEC) No 3027/81 (9), from Commission Regu­ lation (EEC) No 3183/80 of 3 December 1980 laying Having regard to the Treaty establishing the European down common detailed rules for the application of the Economic Community, system of import and export licences and advance­ fixing certificates for agricultural products (10), as last Having regard to Council Regulation (EEC) No amended by Regulation (EEC) No 49/82 (u), and from 1785/81 of 30 June 1981 on the common organization Commission Regulation (EEC) No 645/75 of 13 March of the markets in the sugar sector ('), as last amended 1975 laying down common detailed rules for the by Regulation (EEC) No 606/82 (2), and in particular application of the export levies and charges on agricul­ Articles 13 (2), 18 (5), 19 (4) and (7) and the second tural products (12), as last amended by Regulation (EEC) paragraph of Article 39 thereof, No 1607/80 (13);

Whereas the second subparagraph of Article 3 ( 1 ) of Having regard to Council Regulation (EEC) No 608/72 Commission Regulation (EEC) No 1160/82 of 14 May of 23 March 1972 laying down rules to be applied in the case of considerable price rises on the world sugar 1982 providing for the advance fixing of monetary compensatory amounts (14) provides that, where the market (3), and in particular Article 1 ( 1 ) thereof, levy or refund is fixed in advance by means of tenders, applications to fix the monetary compensatory amount Whereas, in view of the situation on the Community in advance shall be accepted only if the party and world sugar markets, a principal standing invita­ concerned has declared in writing at the time of tion to tender should be issued for export of white submission of the tender that he will also apply to fix sugar which, having regard to possible fluctuations in the monetary compensatory amount in advance if the world prices for sugar, must provide for the determina­ tender is accepted in whole or in part ; whereas, in tion of export levies and/or export refunds ; such cases, the obligation to lodge an application to fix the levy or refund in advance following acceptance of the tender involves an obligation to request at the Whereas the general rules governing invitations to same time advance fixing of the monetary compensa­ tender for the purpose of determining export refunds tory amount ; whereas, for reasons peculiar to the for sugar were laid down in Council Regulation (EEC) market in sugar, when an operator intends to make use No 766/68 of 18 June 1968 laying down general rules of the facility of fixing a monetary compensatory for granting export refunds on sugar (4), as last amount in advance in connection with an export levy amended by Regulation (EEC) No 1489/76 Q ; or refund fixed in advance under a tendering proce­ dure he only makes up his mind to do so at the Whereas, in view of the specific nature of the transac­ moment when the application for the export licence is tions involved, special detailed rules should be laid made ; whereas it is only after he has been declared down in this Regulation, and those provided for in successful in respect of a levy or refund for the quan­ Commission Regulation (EEC) No 394/70 of 2 March tity of sugar indicated in his tender that the said 1970 on detailed rules for granting export refunds on monetary compensatory amount can be fixed in sugar (6), as last amended by Regulation (EEC) No advance ; whereas application of the second subpara­ 1467/77 Q, should not apply ; whereas, for the same graph of the said Article 3 ( 1 ) would as a consequence, reasons, appropriate provisions should be laid down if the tenderer did not, as laid down, ask for advance with regard to export licences issued in connection fixing of the monetary compensatory amount at the with the standing invitation to tender and there should time the licence or certificate was applied for, entail be a derogation from Commission Regulation (EEC) his losing a very large security, the loss of which would No 2630/81 of 10 September 1981 on special detailed be out of proportion to the objective behind the provi­

(') OJ No L 177, 1 . 7. 1981 , p . 4. O OJ No L 258 , 11 . 9 . 1981 , p . 16 . (2) OJ No L 74, 18 . 3 . 1982, p . 1 . O OJ No L 302, 23 . 10 . 1981 , p. 22. 0 OJ No L 75, 28 . 3 . 1972, p . 5. O OJ No L 338, 13 . 12. 1980, p. 1 . O OJ No L 143, 25. 6. 1968, p. 6. (") OJ No L 7, 12. 1 . 1982, p. 7. O OJ No L 167, 26. 6. 1976, p. 13. H OJ No L 67, 14. 3 . 1975, p. 16. (*) OJ No L 50, 4. 3 . 1970, p. 1 . (u) OJ No L 160, 26. 6. 1980, p. 42. O OJ No L 162, 1 . 7. 1977, p. 6. u) OJ No L 134, 15 . 5. 1982, p. 22.

No L 216/ 16 Official Journal of the European Communities 24 . 7. 82

sions of the second subparagraph of the said Article 3 (a) shall begin on the first working day following the ( 1 ) ; whereas, in consequence, a derogation should be end of the preceding period ; made from the said provision in the case of this ten­ (b) shall end at 10.30 a.m . on the Wednesday of the dering procedure, so that application for advance following week. fixing of the monetary compensatory amount at the time when the application for the export licence is 3. Notwithstanding paragraph 2 (b), the period for the submission of tenders which was to end on : made should be optional ; (a) Wednesday, 17 November 1982 shall end on Whereas the measures provided for in this Regulation Tuesday, 16 November 1982 at 10.30 a.m.; are in accordance with the opinion of the Management (b) Wednesday, 8 December 1982 shall end on Committee for Sugar, Tuesday, 7 December 1982 at 10.30 a.m.; (c) Wednesday, 5 January 1983 shall end on Tuesday, 4 January 1983 at 10.30 a.m. HAS ADOPTED THIS REGULATION : 4. Notwithstanding paragraph 2, no partial invita­ tion to tender will be issued on Wednesday, 29 Article 1 December 1982. 1 . There shall be issued a principal standing invita­ 5. The time limits laid down in this Regulation are tion to tender in order to determine export levies expressed in Belgian time. and/or export refunds on white sugar, and during the period of validity of this standing invitation there shall Article 5 be issued partial invitations to tender. 1 . Offers in connection with this tender must be in 2. The standing invitation to tender shall remain writing, and must be either delivered by hand, against open until 15 June 1983 . a receipt, to the competent authority in a Member State, or addressed to that authority by registered letter, Article 2 telex or telegram. 2 . Αη οπεΓ ηιιΐδϋ ίη<3^3ϋε : The standing invitation to tender and the partial invi­ tations shall be conducted in accordance with Regula­ (a) the reference number of the invitation to tender to tion (EEC) No 766/68 and with the following provi­ which the offer relates ; sions. Regulation (EEC) No 394/70 shall not apply. (b) the name and address of the tenderer ; (c) the quantity of white sugar to be exported ; Article 3 (d) the amount of the export levy or, where applicable of the export refund per 100 kilograms of white 1 . Member States shall draw up a notice of invita­ sugar, expressed in the currency of the Member tion to tender which shall be published in the Offical State in which the tender is submitted ; Journal of the European Communities. Member States (e) the minimum amount of the security to be lodged may also publish the notice, or have it published, else­ covering the quantity of sugar indicated in (c), where . expressed in the currency of the Member State in which the tender is submitted . 2. The notice shall indicate in particular the terms of the invitation to tender. 3. An offer shall be valid only if : 3 . The notice shall be published only for the (a) the quantity to be exported is not less than 250 purpose of opening the standing invitation to tender. tonnes of white sugar ; It may be amended during the period of validity of the (b) proof is furnished before expiry of the time limit standing invitation to tender. It shall be so amended if for the submission of tenders that the tenderer has the terms of the invitation to tender are modified. lodged the security indicated in the tender ; (c) it includes a declaration by the tenderer that if his Article 4 tender is successful he will, within the period laid down under (b) of Article 12, apply for export 1 . The period during which tenders may be licences in respect of the quantities of white sugar submitted in response to the first partial invitation to to be exported ; tender : (d) it includes a declaration by the tenderer that if his tender is successful he will : (a) shall begin on 24 July 1982 ; — where the obligation to export created by the (b) shall end on 28 July 1982 at 10.30 a.m . export licence referred to under (b) of Article 2. The periods during which tenders may be 12 is not fulfilled, supplement the security by submitted in response to the second and subsequent payment of the amount referred to in Article partial invitations : 13 (3) and,

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— within 30 days following the expiry of the Article 7 export licence in question, notify the agency which issued the licence of the quantity or 1 . Tenders shall be examined in private by the quantities in respect of which the licence was competent authority concerned. Subject to paragraph not used ; 2, persons present at the examination shall be under (e) it contains all the information required under para­ an obligation not to disclose any particulars relating graph 2. thereto .

4. A tender may stipulate that it is to be regarded as 2. Tenders shall be communicated to the Commis­ having been submitted only if : sion forthwith and in such manner that the tenderers remain anonymous. (a) the minimum export levy or, where applicable the maximum export refund, is fixed on the day of the expiry of the period for the submission of the tenders in question ; Article 8 (b) the tender, if successful, relates to all or a specified part of the tendered quantity. 1 . After the tenders received have been examined, a maximum quantity may be fixed for that partial invita­ 5. A tender which is not submitted in accordance tion . with the provisions of this Regulation, or which contains terms other than those indicated in the notice 2. A decision may be taken to make no award of invitation to tender, shall not be considered. under a specific partial invitation to tender.

6. Once submitted, a tender may not be withdrawn.

Article 9 Article 6 1 . In the light of the intervention price for white 1 . A security of 9 ECU per 100 kilograms of sugar sugar for the 1982/83 marketing year and, in parti­ to be exported under this invitation to tender must be cular, the current state and foreseeable development of the Community and world sugar markets, there shall lodged by each tenderer. Without prejudice to Article be fixed either : 13 (3), this security shall in the case of successful tenderers and at the time of the application referred to — a minimum export levy, or in Article 12 (b) become the security for the export licence . — a maximum export refund.

2. The security may be lodged at the tenderer's 2. Subject to Article 10, where a minimum export choice, either in cash or in the form of a guarantee levy is fixed, a contract shall be awarded to every given by an establishment complying with criteria laid tenderer whose tender quotes a rate of levy equal to or down by the Member State in which the tender is greater than such minimum levy. submitted . 3 . Subject to Article 10, where a maximum export 3 . Except in the case of force majeure, the security refund is fixed, a contract shall be awarded to every will be released : tenderer whose tender quotes a rate of refund equal to or less than such maximum refund and to every (a) to tenderers only in respect of the quantity for which no award was made ; tenderer who has tendered for an export levy.

(b) to successful tenderers only if they applied for their export licence within the period laid down Article 10 under (b) of Article 1 2 and only for the quantity in respect of which they have fulfilled the obligation created by that licence, Article 33 of Regulation 1 . where a maximum quantity has been fixed for a (EEC) No 31 83/80 remaining applicable. The secu­ partial invitation to tender : rity lodged in respect of a quantity for which the above obligations have not been fulfilled shall be — if a maximum levy is fixed, a contract shall be forfeited . awarded to the tenderer whose tender quotes the highest levy ; if the maximum quantity is not fully 4. In case of force majeure, the competent agency covered by that award, awards shall be made to in the Member State concerned shall take such action other tenderers in descending order of levies as it considers necessary having regard to the circum­ quoted until the entire maximum quantity has stances invoked by the party concerned. been accounted for :

No L 216/ 18 Official Journal of the European Communities 24 . 7 . 82

— if a maximum refund is fixed, contracts shall be 645/75 not applying in such a case. The applica­ awarded in accordance with the first indent ; if tion shall be lodged not later than : after such awards a quantity is still outstanding, or — the last working day preceding the date of the if there are no tenders quoting an export levy, partial invitation to tender to be held the contracts shall be awarded in ascending order of following week, or refunds quoted until the entire maximum quantity has been accounted for, to tenderers quoting a — if no partial invitation to tender is due to be refund . held that week, the last working day of the following week, 2. However, where an award to a particular tenderer (c) the obligation to export the tendered quantity and, in accordance with the provisions of paragraph 1 if this obligation is not fulfilled, to pay, where would result in the maximum quantity being necessary, the amount referred to in Article 13 (3). exceeded, that award shall be limited to such quantity as is still available. Where two or more tenderers quote This right and these obligations are not transferable. the same levy or the same refund and awards to all of them would result in the maximum quantity being exceeded, then the quantity available shall be awarded Article 13 as follows : 1 . The first paragraph of Article 9 of Regulation — by being divided among the tenderers concerned (EEC) No 2630/81 shall not apply to the white sugar in proportion to the total quantities in each of to be exported in accordance with this Regulation. their tenders, or — by being apportioned among the tenderers 2. Export licences issued in connection with a concerned by reference to a maximum tonnage to partial invitation to tender shall be valid from the day be fixed for each of them, or of issue until the end of the fifth calendar month following that in which the partial invitation was — by the drawing of lots. issued .

However, Article 11 (a) licences issued in connection with partial invita­ tions 1 . The competent authority of the Member State concerned shall immediately notify applicants of the — issued in the period 28 July to 8 September result of their participation in the invitation to tender. 1982 may be used only from 15 September In addition, that authority shall send successful 1982, tenderers a statement of award . — issued in the period 15 to 29 September 1982 may be used from the day of issue, and 2. The statement of award shall indicate : shall be valid only until 31 December 1982 ; (a) the reference number of the invitation to which (b) licences issued in connection with partial invita­ the tender relates ; tions issued after 1 February 1983 shall be valid (b) the quantity of white sugar to be exported ; only until 31 July 1983. (c) the export levy to be charged, or where applicable 3. Except in cases of force majeure, if the obligation the export refund to be granted, per 100 kilograms to export created by the export licence referred to of white sugar of the quantity referred to in (b). under (b) of Article 1 2 has not been fulfilled and if the security referred to in Article 6 is less than :

Article 12 (a) the export levy indicated on the licence reduced by the levy referred to in the second subparagraph of Article 18 (1 ) of Regulation (EEC) No 1785/81 in Every successful tenderer shall have : force on the last day of validity of the said licence, or (a) the right to claim in respect of the quantity awarded, an export licence indicating as appro­ (b) the sum of the export levy indicated on the licence priate the export levy or the export refund quoted and the export refund referred to in Article 2 of in his tender ; Regulation (EEC) No 766/68 in force on the last day of validity of the said licence, or (b) the obligation to lodge, in accordance with the relevant provisions of Regulation (EEC) No (c) the export refund referred to in Article 2 of Regu­ 3183/80, an application for an export licence in lation (EEC) No 766/68 in force on the last day of respect of that quantity, Article 1 2 (2) of that Regu­ validity of the licence reduced by the refund indi­ lation and Article 10 of Regulation (EEC) No cated on the said licence,

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then, under the time limits and conditions laid down subparagraph of Article 3 (1 ) of Regulation (EEC) No in Article 33 of Regulation (EEC) No 3183/80 and by 1160/82 shall not apply. way of a supplementary security for the quantity in When use is made of the provisions of the first sub­ respect of which the said obligation was not fulfilled, paragraph of Article 3 (1 ) of that Regulation, those of the licence holder shall be charged an amount equal to the difference between the result of the calculation the third subparagraph of paragraph 1 and of para­ graph 2 of that Article shall remain applicable to made under (a), (b) or (c), as the case may be, and the this tendering procedure. security referred to in Article 6.

Article15¶

Article 14 In Article 1 (2) of Regulation (EEC) No 2042/81 ('), '31 August 1982' is hereby replaced by '29 July 1982'.

If the tenderer intends to apply for advance fixing of Article 16 the monetary compensatory amount under this stand­ ing invitation to tender, the provisions of the second This Regulation shall enter into force on 24 July 1982.

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

Done at Brussels, 20 July 1982.

For the Commission Poul DALSAGER Member of the Commission

V) OJ No L 200, 21 . 7. 1981 , p. 27.