31982R2015

No L 216/20 Official Journal of the European Communities 24. 7. 82

COMMISSION REGULATION (EEC) No 2015/82 of 20 July 1982 on a supplementary standing invitation to tender in order to determine levies and/or refunds on exports of raw sugar

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

Having regard to Council Regulation (EEC) No 608/72 of 23 March 1972 laying down rules to be applied in the case of considerable price rises on the world sugar market (3), and in particular Article 1 ( 1 ) thereof, Whereas the second subparagraph of Article 3 ( 1 ) of Commission Regulation (EEC) No 1160/82 of 14 May Whereas, in view of the situation on the Community 1982 providing for the advance fixing of monetary and world sugar markets, a supplementary standing compensatory amounts (H) provides that, where the invitation to tender should be issued for export of raw levy or refund is fixed in advance by means of tenders, sugar obtained from beet or cane harvested in the applications to fix the monetary compensatory amount Community ; whereas, in view of possible fluctuations in advance shall be accepted only if the party in world prices for sugar, the invitation to tender must concerned has declared in writing at the time of provide for the determination of export levies and/or submission of the tender that he will also apply to fix export refunds ; the monetary compensatory amount in advance if the tender is accepted in whole or in part ; whereas, in Whereas the general rules governing invitations to such cases, the obligation to lodge an application to fix tender for the purpose of determining export refunds the levy or refund in advance following acceptance of for sugar were laid down in Council Regulation (EEC) the tender involves an obligation to request at the No 766/68 of 18 June 1968 laying down general rules same time advance fixing of the monetary compensa­ for granting export refunds on sugar (4), as last tory amount ; whereas, for reasons peculiar to the amended by Regulation (EEC) No 1489/76 (*) ; market in sugar, when a operator intends to make use of the facility of fixing a monetary compensatory Whereas, in view of the specific nature of the trans­ amount in advance in connection with an export levy actions involved, special detailed rules of application or refund fixed in advance under a tendering pro­ should be laid down in this Regulation, and those cedure he only makes up his mind to do so at the provided for in Commission Regulation (EEC) No moment when the application for the export licence is 394/70 of 2 March 1970 on detailed rules for granting made ; whereas it is only after he has been declared export refunds on sugar (6), as last amended by Regula­ successful in respect of a levy or refund for the quan­ tion (EEC) No 1467/77 f7), should not apply ; whereas, tity of sugar indicated in his tender that the said for the same reasons, appropriate provisions should be monetary compensatory amount can be fixed in laid down with regard to export licences issued in advance ; whereas application of the second subpara­ connection with the standing invitation to tender and graph of the said Article 3 ( 1 ) would as a consequence, there should be a derogation from Commission Regu­ if the tenderer did not, as laid down, ask for advance lation (EEC) No 2630/81 of 10 September 1981 on fixing of the monetary compensatory amount at the

(') OJ No L 177, 1 . 7. 1981 , p. 4. (8) 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. (3 OJ No L 75, 28 . 3 . 1972, p. 5. ( ,0) OJ No L 338 , 13 . 12. 1980, p . 1 . (4) OJ No L 143, 25. 6. 1968 , p. 6. (") OJ No L 7, 12. 1 . 1982, p. 7. 0 OJ No L 167, 26. 6. 1976, p. 13 . (12) OJ No L 67, 14. 3. 1975, p. 16. (4 OJ No L 50, 4. 3. 1970, p. 1 . (13) OJ No L 160, 26. 6. 1980, p. 42. O OJ No L 162, 1 . 7. 1977, p. 6 . (H) OJ No L 134, 15. 5. 1982, p. 22.

24. 7 . 82 Official Journal of the European Communities No L 216/ 21

time the licence or certificate was applied for, entail Article 4 his losing a very large security, the loss of which would be out of proportion to the objective behind the provi­ 1 . The period during which tenders may be sions of the second subparagraph of the said Article 3 submitted in response to the first partial invitation to tender : (1 ) ; whereas, in consequence, a derogation should be made from the said provision in the case of this (a) shall begin on 28 April 1983 ; tendering procedure, so that application for advance (b) shall end on 4 May 1983 at 10.30 a.m. fixing of the monetary compensatory amount at the 2. The periods during which tenders may be time when the application for the export licence is submitted in response to the second and subsequent made should be optional ; partial invitations : Whereas the measures provided for in this Regulation (a) shall begin on the first working day following the are in accordance with the opinion of the Management end of the preceding period ; Committee for Sugar, (b) shall end at 10.30 a.m. on the Wednesday of the following week.

3 . The time limits laid down in this Regulation are expressed in Belgian time. HAS ADOPTED THIS REGULATION :

Article5¶

Article 1 1 . Offers in connection with this tender must be in writing, and must be either delivered by hand, against a receipt, to the competent authority in a Member 1 . There shall be issued a supplementary standing State, or addressed to that authority by registered letter, invitation to tender in order to determine export levies telex or telegram. and/or export refunds on raw sugar obtained from beet or cane harvested in the Community, and during the 2 . Α ΙεηάεΓ ηιιΐδΐ ΐηάΐΰδΐε : period of validity of this standing invitation there shall be issued partial invitations to tender. (a) the reference number of the invitation to tender to which the offer relates ; 2. The standing invitation to tender shall remain (b) the name and address of the tenderer ; open until 31 August 1983 . (c) the quantity tel quel of raw sugar to be exported ; (d) the amount of the export levy or, where applicable of the export refund per 100 kilograms of standard Article 2 quality sugar, expressed in the currency of the Member State in which the tender is submitted ; The standing invitation to tender and the partial (e) the minimum amount of the security to be lodged invitations shall be conducted in accordance with covering the quantity of sugar indicated in (c), expressed in the currency of the Member State in Regulation (EEC) No 766/68 and with the following which the tender is submitted. provisions. Regulation (EEC) No 394/70 shall not apply. 3. An offer shall be valid only if : (a) the quantity to be exported is not less than 250 Article 3 tonnes of raw sugar ; (b) proof is furnished before expiry of the time limit for the submission of tenders that the tenderer has 1 . Member States shall draw up a notice of invita­ lodged the security indicated in the tender ; tion to tender which shall be published in the Official (c) it includes a declaration by the tenderer that if his Journal of the European Communities. Member States offer is successful he will, within the period laid may also publish the notice, or have it published, else­ where . down under (b) of Article 1 2, apply to be exported ; (d) it includes a declaration by the tenderer certifying that : 2. The notice shall indicate in particular the terms of the invitation to tender. — the product intended for export consists of raw sugar obtained either from beet or from cane harvested in the Community, and 3 . The notice shall be published only for the purpose of opening the standing invitation to tender. — the customs export formalities will be It may be amended during the period of validity of the completed in the French overseas department standing invitation to tender. It shall be so amended if in the case of sugar obtained from cane the terms of the invitation to tender are modified. harvested in the Community ;

No L 216 /22 Official Journal of the European Communities 24 . 7 . 82

(e) it includes a declaration by the tenderer that if his the above obligations have not been fulfilled shall tender is successful he will : be forfeited. — where the obligation to export created by the 4. In case of force majeure, the competent agency export licence referred to under Article 1 2 (b) is in the Member State concerned shall take such action not fulfilled, supplement the security by as it considers necessary having regard to the circum­ payment of the amount referred to in Article stances invoked by the party concerned. 13 (5) and, — 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 (f) it contains all the information required under para­ an obligation not to disclose any particulars relating thereto . graph 2.

2. Tenders shall be communicated to the Commis­ 4. A tender may stipulate that it is to be regarded as sion forthwith and in such manner that the tenderers having been submitted only if : remain anonymous. (a) the minimum export levy or, where applicable the maximum export refund, is fixed on the day of the Article 8 expiry of the period for the submission of the tenders in question ; 1 . After the tenders received have been examined, a (b) the tender, if successful, relates to all or a specified maximum quantity may be fixed for that partial invita­ tion . part of the tendered quantity. 2. A decision may be taken to make no award 5. A tender which is not submitted in accordance under a specific partial invitation to tender. with the provisions of this Regulation, or which contains terms other than those indicated in the notice of invitation to tender, shall not be considered . Article 9

1 . In the light of the intervention price for raw 6. Once submitted, a tender may not be withdrawn. sugar for the 1982/83 marketing year and, in parti­ cular, the current state and foreseeable development of the Community and world sugar markets, there shall Article 6 be fixed either : 1 . A security of 9 ECU per 100 kilograms of sugar — a minimum export levy, or to be exported under this invitation to tender must be — a maximum export refund. lodged by each tenderer. Without prejudice to 13 (5), this security shall in the case of successful tenderers 2. Subject to Article 10 , where a minimum export and at the time of the application referred to in Article levy is fixed, a contract shall be awarded to every 12 (b) become the security for the export licence. tenderer whose tender quotes a rate of levy equal to or greater than such minimum levy. 2. The security may be lodged at the tenderer's 3 . Subject to Article 10, where a maximum export choice, either in cash or in the form of a guarantee refund is fixed, a contract shall be awarded to every given by an establishment complying with criteria laid tenderer whose tender quotes a rate of refund equal to down by the Member State in which the tender is or less than such maximum refund and to every submitted . tenderer who has tendered for an export levy.

3 . Except in the case of force majeure, the security will be released : Article 10

(a) to tenderers only in respect of the quantity for 1 . Where a maximum quantity has been fixed for a which no award was made ; partial invitation to tender : (b) to successful tenderers only if they applied for — if a minimum levy is fixed, a contract shall be their export licence within the period laid down awarded to the tenderer whose tender quotes the under (b) of Article 1 2 and only for the quantity in highest levy ; if the maximum quantity is not fully respect of which they have fulfilled the obligation covered by that award, awards shall be made to created by that licence, Article 33 of Regulation v other tenderers in descending order of levies (EEC) No 3183/80 remaining applicable. The quoted until the entire maximum quantity has security lodged in respect of a quantity for which been accounted for,

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— if maximum refund is fixed, contracts shall be — the last working day preceding the date of the awarded in accordance with the first indent ; if partial invitation to tender scheduled for the after such awards a quantity is still outstanding, or following week, or if there are no tenders quoting an export levy, — if no partial invitation to tender is scheduled contracts shall be awarded in ascending order of for that week, the last working day of the refunds quoted until the entire maximum quantity following week ; has been accounted for, to tenderers quoting a (c) the obligation to export the tendered quantity and, refund . if this obligation is not fulfilled, to pay, where necessary, the amount referred to in Article 1 3 (5). 2. However, where an award to a particular tenderer in accordance with the provisions of paragraph 1 This right and these obligations are not transferable. would result in the maximum quantity being exceeded, that award shall be limited to such quantity Article 13 as is still available. Where two or more tenderers quote the same levy or the same refund and awards to all of 1 . The first paragraph of Article 9 of Regulation them would result in the maximum quantity being (EEC) No 2630/81 shall not apply to the raw sugar to exceeded, then the quantity available shall be awarded be exported in accordance with this Regulation . as follows : 2. Export licences issued in connection with a — by being divided among the tenderers concerned partial invitation to tender shall be valid from the day in proportion to the total quantities in each of of issue until 30 September 1983 . their tenders, or 3 . Export licences issued in connection with a — by being apportioned among the tenderers partial invitation to tender held between 4 May and 29 concerned by reference to a maximum tonnage to June 1983 shall be used only with effect from 1 July be fixed for each of them, or 1983 . — by the drawing of lots. 4. In the case of raw sugar obtained from cane harvested in the Community, Section 18 (a) of the Article 11 export licence shall contain one of the following endorsements : 1 . The competent authority of the Member State Licence valid for the French overseas departments , concerned shall immediately notify applicants of the 'Certificat valable pour les départements français result of their participation in the invitation to tender. d'outre-mer', In addition, that authority shall send successful ten­ 'Licens gyldig for de franske oversøiske departe­ derers a statement of award. menter', 'Lizenz gültig für die französischen überseeischen 2. The statement of award shall indicate : Departements', (a) the reference number of the invitation to which 'Πιστοποιητικό ισχύον γιά τά ύπερπόντια γαλλικά the tender relates ; διαμερίσματα', (b) the quantity tel quel of raw sugar to be exported ; 'Titolo valido per i dipartimenti francesi d oltremare', 'Certificaat geldig voor de Franse overzeese departe­ (c) the export levy to be charged, or where applicable menten'. the export refund to be granted, per 100 kilograms of raw sugar of the quantity referred to in (b). 5. Except in cases of force majeure, if the obligation to export created by the export licence referred to under (b) of Article 1 2 has not been fulfilled and if the Article 12 security referred to in Article 6 is less than : (a) the export levy indicated on the licence reduced by Every successful tenderer shall have : the levy referred to in the second subparagraph of (a) the right to claim in respect of the quantity Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in awarded, an export licence indicating as appro­ force on the last day of validity of the said licence ; priate the export levy or the export refund quoted or in his tender ; (b) the sum of the export levy indicated on the (b) the obligation to lodge, in accordance with the licences and the export refund referred to in relevant provisions of Regulation (EEC) No Article 2 of Regulation (EEC) No 766/68 in force on the last day of validity of the said licence ; or 3183/80, an application for an export licence in respect of that quantity, Article 1 2 (2) of that Regu­ (c) the export refund referred to in Article 2 of Regu­ lation and Article 10 of Regulation (EEC) No lation (EEC) No 766/68 in force on the last day of 645/75 not applying in such a case. The applica­ validity of the licence, reduced by the refund indi­ tion shall be lodged not later than : cated on the said licence :

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

then , under the time limits and conditions laid down the export levy decreased, by the difference, expressed in Article 33 of Regulation (EEC) No 3183/80 and by in ECU per 100 kilograms, between the intervention way of a supplementary security for the quantity in price of raw sugar applicable with effect from 1 July respect of which the said obligation was not fulfilled, 1983 and the intervention price of that sugar appli­ the licence holder shall be charged an amount equal cable on 30 June 1983 . to the difference between the result of the calculation In calculating the difference referred to in the above made under (a), (b) or (c), as the case may be, and the subparagraph there shall be added to these interven­ security referred to in Article 6. tion prices the relevant storage levy as referred to under (a) of the third subparagraph of Article 8 (2) of Article 14 Regulation (EEC) No 1785/81 .

If the tenderer intends to apply for advance fixing of 3 . For the purposes of the adjustment referred to in the monetary compensatory amount under this stan­ paragraph 1 , where the yield of the raw sugar differs ding invitation to tender, the provisions of the second from that of the standard quality as defined in Council subparagraph of Article 3 ( 1 ) of Regulation (EEC) No Regulation (EEC) No 431 /68 ('), the amount of the 1160/82 shall not apply. adjustment shall be adapted in accordance with Article 2 of Regulation (EEC) No 837/68 (2). When use is made of the provisions of the first sub­ paragraph of Article 3 ( 1 ) of that Regulation, those of 4. The request referred to in paragraph 1 must be the third subparagraph of paragraph 1 and of para­ submitted by the export-licence holders concerned, graph 2 of that Article shall remain applicable to this before completion of the customs export formalities tendering procedure. relating to the quantities concerned, to the Member State which issued the licence . Article 15 That Member State shall insert the relevant adjustment in Section 18a of the export licence and shall place its 1 . In so far as the conditions set out in Article 12 of stamp thereon. Regulation (EEC) No 766/68 are satisfied, any export refunds and export levies fixed in advance in connec­ Member States shall inform the Commission without tion with this invitation to tender before 1 July 1983 delay of the quantities of sugar covered by the requests for sugar exported on or after that date shall, at the referred to in paragraph 1 . request of the party concerned, be adjusted in accor­ dance with paragraph 2. Article 16

2. For purposes of the adjustment referred to in This Regulation shall enter into force on 24 July 1982 paragraph 1 , the export refund shall be increased, and and shall apply with effect from 28 April 1983 .

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

(') OJ No L 89 , 10 . 4. 1968 , p. 3 . (2 OJ No L 151 , 30 . 6 . 1968 , p . 42.