31983R1881

No L 187/ 10 Official Journal of the European Communities 12 . 7 . 83

COMMISSION REGULATION (EEC) No 1881 /83

of 8 July 1983 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 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 3130/82 (9), from Commission Regulation (EEC) No 3183/80 of 3 Having regard to the Treaty establishing the European December 1980 laying down common detailed rules Economic Community, 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 2666/82 ("), and from Commission Regulation (EEC) of the markets in the sugar sector ('), as last amended No 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 (l2), as last paragraph of Article 39 thereof, amended by Regulation (EEC) No 1607/80 (13);

Having regard to Council Regulation (EEC) No 608/72 Whereas the second subparagraph of Article 3 ( 1 ) of of 23 March 1972 laying down rules to be applied in Commission Regulation (EEC) No 1160/82 of 14 May the case of considerable price rises on the world sugar 1982 providing for the advance fixing of monetary market (3), and in particular Article 1 ( 1 ) thereof, compensatory amounts (,4) provides that, where the 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 supplementary standing concerned has declared in writing at the time of invitation to tender should be issued for export of submission of the tender that he will also apply to fix white sugar which, having regard to possible fluctua­ the monetary compensatory amount in advance if the tions in world prices for sugar, must provide for the tender is accepted in whole or in part ; whereas, in determination 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 148 9/76 (^ ; 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 of application made ; whereas it is only after he has been declared should be laid down in this Regulation, and those successful in respect of a levy or refund for the quan­ provided for in Commission Regulation (EEC) No tity of sugar indicated in his tender that the said 394/70 of 2 March 1970 on detailed rules for granting monetary compensatory amount can be fixed in export refunds on sugar (6), as last amended by Regula­ advance ; whereas application of the second subpara­ tion (EEC) No 1467/77 Q, should not apply ; whereas, graph of the said Article 3 ( 1 ) would as a consequence, for the same reasons, appropriate provisions should be if the tenderer did not, as laid down , ask for advance laid down with regard to export licences issued in fixing of the monetary compensatory amount at the connection with the standing invitation to tender and time the licence or certificate was applied for, entail there should be a derogation from Commission Regu­ his losing a very large security, the loss of which would lation (EEC) No 2630/81 of 10 September 1981 on be out of proportion to the objective of the provisions

(') 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 . (3) 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. O OJ No L 167, 26 . 6 . 1976, p . 13, (,J) 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. O OJ No L 162, 1 . 7. 1977, p. 6. H OJ No L 134, 15. 5. 1982, p. 22.

12 . 7 . 83 No L 187/ 11 Official Journal of the European Communities

of the second subparagraph of the said Article 3 ( 1 ); (a) shall begin on 26 April 1984 ; whereas, in consequence, a derogation should be made (b) shall end on 2 May 1984 at 10.30 a.m . from the said provision in the case of this tendering procedure, so that application for advance fixing of the 2. The periods during which tenders may be monetary compensatory amount at the time when the submitted in response to the second and subsequent application for the export licence is made should be partial invitations : optional ; (a) shall begin on the first working day following the Whereas the measures provided for in this Regulation end of the preceding period ; are in accordance with the opinion of the Management (b) shall end at 10.30 a.m. on the Wednesday of the Committee for Sugar, following week.

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

Article5¶

1 . Offers in connection with this tender must be in 1 . There shall be issued a supplementary standing writing, and must be either delivered by hand, against invitation to tender in order to determine export levies a receipt, to the competent authority in a Member and/or export refunds on white sugar, and during the State, or addressed to that authority by registered letter, period of validity of this standing invitation there shall telex or telegram. be issued partial invitations to tender.

2. A tender must indicate : 2. The standing invitation to tender shall remain open until a date to be determined subsequently. (a) the reference number of the invitation to tender to which the offer relates ; (b) the name and address of the tenderer ; Article 2 (c) the quantity of white sugar to be exported ; The standing invitation to tender and the partial invi­ (d) the amount of the export levy or, where applicable tations shall be conducted in accordance with Regula­ of the export refund per 100 kilograms of white tion (EEC) No 766/68 and with the following provi­ sugar, expressed in the currency of the Member State in which the tender is submitted ; sions . Regulation (EEC) No 394/70 shall not apply. (e) the minimum amount of the security to be lodged covering the quantity of sugar indicated in (c), Article 3 expressed in the currency of the Member State in which the tender is submitted . 1 . Member States shall draw up a notice of invita­ tion to tender which shall be published in the Official 3 . An offer shall be valid only if : Journal of the European Communities. Member States (a) the quantity to be exported is not less than 250 may also publish the notice, or have it published, else­ where . tonnes of white sugar ; (b) proof is furnished before expiry of the time limit for the submission of tenders that the tenderer has 2. The notice shall indicate in particular the terms of the invitation to tender. lodged the security indicated in the tender ; (c) it includes a declaration by the tenderer that if his 3. The notice shall be published only for the offer is successful he will, within the period laid purpose of opening the standing invitation to tender. down in Article 12 (b), apply for an export licence It may be amended during the period of validity of the or licences in respect of the quantities of white standing invitation to tender. It shall be so amended if sugar to be exported ; the terms of the invitation to tender are modified . (d) it includes a declaration by the tenderer that if his tender is successful he will :

Article 4 — where the obligation to export created by the export licence referred to in Article 12 (b) is 1 . The period during which tenders may be not fulfilled, supplement the security by submitted in response to the first partial invitation to payment of the amount referred to in Article tender : 13 (4), and

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

— 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 (4), 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 tenderer whose tender quotes a rate of refund equal to 3 . Except in the case of force majeure, the security 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 minimum 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 been accounted for,

12 . 7 . 83 No L 187/ 13 Official Journal of the European Communities

— if a maximum refund is fixed , contracts shall be lation and Article 10 of Regulation (EEC) No awarded in accordance with the first indent ; if 645/75 not applying in such a case . The applica­ after such awards a quantity is still outstanding, or tion shall be lodged not later than : if there are no tenders quoting an export levy, contracts shall be awarded in ascending order of — the last working day preceding the date of the refunds quoted until the entire maximum quantity partial invitation to tender to be held the has been accounted for, to tenderers quoting a following week, or refund . — if no partial invitation to tender is due to be held that week, the last working day of the 2. However, where an award to a particular tenderer following week, in accordance with the provisions of paragraph 1 (c) the obligation to export the tendered quantity and, would result in the maximum quantity being if this obligation is not fulfilled, to pay, where exceeded, that award shall be limited to such quantity necessary, the amount referred to in Article 13 (4). as is still available. Where two or more tenderers quote the same levy or the same refund and awards to all of This right and these obligations are not transferable. them would result in the maximum quantity being exceeded, then the quantity available shall be awarded as follows : Article 13 — by being divided among the tenderers concerned in proportion to the total quantities in each of 1 . The first paragraph of Article 9 of Regulation their tenders, or (EEC) No 2630/81 shall not apply to the white sugar — by being apportioned among the tenderers to be exported in accordance with this Regulation . concerned by reference to a maximum tonnage to be fixed for each of them , or 2. Export licences issued in connection with a — by the drawing of lots . partial invitation to tender shall be valid from the day of issue until 30 September 1984.

3. Export licences issued in connection with a Article 11 partial invitation to tender held between 2 May and 27 June 1984 shall be used only with effect from 1 July 1984 . 1 . The competent authority of the Member State concerned shall immediately notify applicants of the result of their participation in the invitation to tender. 4. Except in cases of force majeure, if the obligation In addition, that authority shall send successful to export created by the export licence referred to tenderers a statement of award . under (b) of Article 12 has not been fulfilled and if the security referred to in Article 6 is less than : 2 . The statement of award shall indicate : (a) the export levy indicated on the licence reduced by (a) the reference number of the invitation to which the levy referred to in the second subparagraph of the tender relates ; Article 18 ( 1 ) of Regulation (EEC) No 1785/ 81 in force on the last day of validity of the said licence ; (b) the quantity of white sugar to be exported ; or (c) the export levy to be charged, or where applicable (b) the sum of the export levy indicated on the licence the export refund to be granted, per 100 kilograms and the export refund referred to in Article 2 of of white sugar of the quantity referred to in (b). Regulation (EEC) No 766/68 in force on the last day of validity of the said licence ; or

(c) the export refund referred to in Article 2 of Regu­ Article 12 lation (EEC) No 766/68 in force on the last day of validity of the licence reduced by the refund indi­ Every successful tenderer shall have : cated on the said licence ;

(a) the right to claim in respect of the quantity then, under the time limits and conditions laid down awarded, an export licence indicating as appro­ in Article 33 of Regulation (EEC) No 3183/ 80 and by priate the export levy or the export refund quoted way of a supplementary security for the quantity in in his tender ; respect of which the said obligation was not fulfilled, (b) the obligation to lodge, in accordance with the the licence holder shall be charged an amount equal to the difference between the result of the calculation relevant provisions of Regulation (EEC) No 3183/80 , an application for an export licence in made under (a), (b) or (c), as the case may be, and the respect of that quantity, Article 1 2 (2) of that Regu­ security referred to in Article 6.

No L 187 / 14 Official Journal of the European Communities 12. 7. 83

Article 14 in ECU per 100 kilograms, between the intervention price of white sugar applicable with effect from 1 July If the tenderer intends to apply for advance fixing of 1984 and the intervention price of that sugar the monetary compensatory amount under this applicable on 30 June 1984. standing invitation to tender, the provisions of the In calculating the difference referred to in the above second subparagraph of Article 3 ( 1 ) of Regulation subparagraph there shall be added to these interven­ (EEC) No 1160/82 shall not apply. tion prices the relevant storage levy as referred to When use is made of the provisions of the first uncfer (a) of the third subparagraph of Article 8 (2) of subparagraph of Article 3 ( 1 ) of that Regulation, those Regulation (EEC) No 1785/81 . of the third subparagraph of paragraph 1 and of para­ 3 . The request referred to in paragraph 1 must be graph 2 of that Article shall remain applicable to this submitted by the export-licence holders concerned, tendering procedure. before completion of the customs export formalities relating to the quantities concerned, to the Member State which issued the licence . Article 15 That Member State shall insert the relevant adjustment 1 . In so far as the conditions set out in Article 12 of in section 18 (a) of the export licence and shall place Regulation (EEC) No 766/68 are satisfied, any export its stamp thereon . refunds and export levies fixed in advance in connec­ tion with this invitation to tender before 1 July 1984 The Member States shall inform the Commission for sugar exported on or after that date shall, at the without delay of the quantities of sugar covered by the request of the party concerned, be adjusted in accor­ requests referred to in paragraph 1 . dance with paragraph 2. Article 16 2. For purposes of the adjustment referred to in paragraph 1 , the export refund shall be increased, and This Regulation shall enter into force on 12 July 1983 the export levy decreased, by the difference, expressed and shall apply with effect from 26 April 1984.

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