31983R1880

12 . 7 . 83 No L 187/ 5 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1880/83 of 8 July 1983 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 3130/82 (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 2666/82 ("), and 1785/81 of 30 June 1981 on the common organization from Commission Regulation (EEC) No 645/75 of 13 of the markets in the sugar sector ('), as last amended March 1975 laying down common detailed rules for by Regulation (EEC) No 606/82 (2), and in particular the application of the export levies and charges on Articles 13 (2), 18 (5), 19 (4) and (7) and the second agricultural products (12), as last amended by Regula­ paragraph of Article 39 thereof, tion (EEC) 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 1982 providing for the advance fixing of monetary the case of considerable price rises on the world sugar 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 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, if the tenderer did not, as laid down , ask for advance reasons, appropriate provisions should be laid down 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. (8) OJ No L 258 , 11 . 9 . 1981 , p . 16 . (2) OJ No L 74, 18 . 3 . 1982, p. 1 . 0 OJ No L 329, 25 . 11 . 1982, p . 20 . h) OJ No L 75, 28 . 3. 1972, p. 5. ( 10) OJ No L 338 , 13. 12. 1980, p. 1 . (4) OJ No L 143 , 25 . 6 . 1968 , p. 6 . (") OJ No L 283, 6. 10 . 1982, p . 7. 0 OJ No L 167, 26 . 6 . 1976, p . 13, (> 2) OJ No L 67, 14 . 3 . 1975 , p. 16 . 6) OJ No L 50 , 4 . 3 . 1970 , p . 1 . (> 3) OJ No L 160 , 26 . 6 . 1980 , p . 42. 0 OJ No L 162, 1 . 7. 1977, p. 6 . H OJ No L 134, 15. 5. 1982, p . 22.

No L 187 / 6 12. 7. 83 Official Journal of the European Communities

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 made should be optional ; the submission of tenders which was to end on Wednesday 2 and Wednesday 16 November 1983 Whereas the measures provided for in this Regulation shall end on Thursday 3 and Thursday 17 November are in accordance with the opinion of the Management 1983 respectively, at 10.30 a.m . Committee for Sugar, 4. Notwithstanding paragraph 2, no partial invita­ tion to tender will be issued on Wednesday 28 HAS ADOPTED THIS REGULATION : December 1983 .

5. The time limits laid down in this Regulation are Article 1 expressed in Belgian time.

1 . There shall be issued a principal standing invita­ tion to tender in order to determine export levies Article 5 and/or export refunds on white sugar, and during the period of validity of this standing invitation there shall 1 . Offers in connection with this tender must be in be issued partial invitations to tender. writing, and must be either delivered by hand, against a receipt, to the competent authority in a Member 2. The standing invitation to tender shall remain State, or addressed to that authority by registered letter, open until 13 June 1984. telex or telegram .

Article2¶

(a) the reference number of the invitation to tender to The standing invitation to tender and the partial invi­ which the offer relates ; tations shall be conducted in accordance with Regula­ tion (EEC) No 766/68 and with the following provi­ (b) the name and address of the tenderer ; sions. Regulation (EEC) No 394/70 shall not apply. (c) the quantity of white sugar to be exported ;

(d) the amount of the export levy or, where applicable Article 3 of the export refund per 100 kilograms of white sugar, expressed in the currency of the Member 1 . Member States shall draw up a notice of invita­ State in which the tender is submitted ; tion to tender which shall be published in the Official (e) the minimum amount of the security to be lodged Journal of the European Communities. Member States covering the quantity of sugar indicated in (c), may also publish the notice, or have it published, else­ expressed in the currency of the Member State in where . which the tender is submitted . 2. The notice shall indicate in particular the terms 3 . An offer shall be valid only if : of the invitation to tender. (a) the quantity to be exported is not less than 250 3 . The notice shall be published only for the tonnes of white sugar ; purpose of opening the standing invitation to tender. (b) proof is furnished before expiry of the time limit It may be amended during the period of validity of the for the submission of tenders that the tenderer has standing invitation to tender. It shall be so amended if 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 tender is successful he will, within the period laid Article 4 down in Article 1 2 (b), apply for an export licence or licences in respect of the quantities of white 1 . The period during which tenders may be sugar to be exported ; submitted in response to the first partial invitation to tender : (d) it includes a declaration by the tenderer that if his tender is successful he will : (a) shall begin on 12 July 1983 ; — where the obligation to export created by the (b) shall end on 20 July 1983 at 10.30 a.m . export licence referred to in Article 12 (b) is 2. The periods during which tenders may be 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 as it considers necessary having regard to the circum­ export licence in question, notify the agency stances invoked by the party concerned. which issued the licence of the quantity or quantities in respect of which the licence was not used ; Article 7

(e) it contains all the information required under para­ 1 . Tenders shall be examined in private by the graph 2. competent authority concerned. Subject to paragraph 2, persons present at the examination shall be under 4. A tender may stipulate that it is to be regarded as an obligation not to disclose any particulars relating having been submitted only if : thereto .

(a) the minimum export levy or, where applicable the 2 . Tenders shall be communicated to the Commis­ maximum export refund, is fixed on the day of the sion forthwith and in such manner that the tenderers expiry of the period for the submission of the remain anonymous . tenders in question ;

(b) the tender, if successful, relates to all or a specified part of the tendered quantity. Article 8

5 . A tender which is not submitted in accordance 1 . After the tenders received have been examined, a maximum quantity may be fixed for that partial invita­ with the provisions of this Regulation, or which tion . contains terms other than those indicated in the notice of invitation to tender, shall not be considered. 2. A decision may be taken to make no award 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 sugar for the 1983/84 marketing year and, in parti­ 1 . A security of 9 ECU per 100 kilograms of sugar cular, the current state and foreseeable development of to be exported under this invitation to tender must be 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 — a maximum export refund. licence .

2. Subject to Article 10, where a minimum export 2. The security may be lodged at the tenderer's levy is fixed, a contract shall be awarded to every choice, either in cash or in the form of a guarantee tenderer whose tender quotes a rate of levy equal to or given by an establishment complying with criteria laid greater than such minimum levy. down by the Member State in which the tender is submitted . 3 . Subject to Article 10, where a maximum export refund is fixed, a contract shall be awarded to every 3 . Except in the case of force majeure, the security tenderer whose tender quotes a rate of refund equal to will be released : or less than such maximum refund and to every tenderer 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 in 1 . Where a maximum quantity has been fixed for a Article 12 (b) and only for the quantity in respect partial invitation to tender : of which they have fulfilled the obligation created by that licence, Article 33 of Regulation (EEC) No — if a maximum levy is fixed, a contract shall be 3183/80 remaining applicable. The security lodged awarded to the tenderer whose tender quotes the in respect of a quantity for which the above obliga­ highest levy ; if the maximum quantity is not fully tions have not been fulfilled shall be forfeited . covered by that award, awards shall be made to other tenderers in descending order of levies 4. In case of force majeure, the competent agency quoted until the entire maximum quantity has in the Member State concerned shall take such action heen accounted for :

No L 187/8 12 . 7 . 83 Official Journal of the European Communities

— 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 1 3 (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 20 July to 7 September result of their participation in the invitation to tender. 1983 may be used only from 15 September In addition, that authority shall send successful 1983 , tenderers a statement of award . — issued in the period 14 to 28 September 1983 may be used from the day of issue, and 2. The statement of award shall indicate : shall be valid only until 31 December 1983 ; (a) the reference number of the invitation to which (b) licences issued in connection with partial invita­ the tender relates ; tions issued from 1 February 1984 shall be valid (b) the quantity of white sugar to be exported ; only until 31 July 1984.

(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 I 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 2016/82 ('), '31 August 1983' is hereby replaced by ' 14 July 1983'.

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 12 July 1983.

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

Done at Brussels, 8 July 1983.

For the Commission

Poul DALSAGER

Member of the Commission

(') OJ No L 216, 24. 7. 1982, p. 25.