31983R1882

12 . 7 . 83 No L 187/ 15 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1882/83 of 8 July 1983

on a principal standing invitation to tender in order to determine levies and/or refunds on exports of raw sugar

THE COMMISSION OF THE EUROPEAN be a derogation from Commission Regulation (EEC) COMMUNITIES, No 2630/81 of 10 September 1981 on special detailed rules for the application of the system of import and export licences for sugar (8), as last amended by Regu­ Having regard to the Treaty establishing the European lation (EEC) No 31 30/82 (9), from Commission Regu­ Economic Community, lation (EEC) No 3183/80 of 3 December 1980 laying down common detailed rules for the application of the Having regard to Council Regulation (EEC) No system of import and export licences and advance­ 1785/81 of 30 June 1981 on the common organization fixing certificates for agricultural products (10), as last of the markets in the sugar sector ('), as last amended amended by Regulation (EEC) No 2666/82 ("), and by Regulation (EEC) No 606/82 (2), and in particular from Commission Regulation (EEC) No 645/75 of 13 Articles 13 (2), 18 (5), 19 (4) and (7) and the second March 1975 laying down common detailed rules for paragraph of Article 39 thereof, the application of the export levies and charges on agricultural products (12), as last amended by Regula­ tion (EEC) No 1607/80 C 3); 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 Whereas the second subparagraph of Article 3 ( 1 ) of market (3), and in particular Article 1 ( 1 ) thereof, Commission Regulation (EEC) No 1160/82 of 14 May 1982 providing for the advance fixing of monetary Whereas, in view of the situation on the Community compensatory amounts (M) provides that, where the and world sugar markets, a principal standing invita­ levy or refund is fixed in advance by means of tenders, tion to tender should be issued for export of raw sugar applications to fix the monetary compensatory amount obtained from beet or cane harvested in the Commu­ in advance shall be accepted only if the party nity ; whereas, in view of possible fluctuations in world concerned has declared in writing at the time of prices for sugar, the invitation to tender must provide submission of the tender that he will also apply to fix for the determination of export levies and/or export the monetary compensatory amount in advance if the refunds ; tender is accepted in whole or in part ; whereas, in such cases, the obligation to lodge an application to fix the levy or refund in advance following acceptance of Whereas the general rules governing invitations to the tender involves an obligation to request at the tender for the purpose of determining export refunds same time advance fixing of the monetary compen­ for sugar were laid down in Council Regulation (EEC) satory amount ; whereas, for reasons peculiar to the No 766/68 of 18 June 1968 laying down general rules market in sugar, when an operator intends to make use for granting export refunds on sugar (4), as last of the facility of fixing a monetary compensatory amended by Regulation (EEC) No 1489/76 Is) ; amount in advance in connection with an export levy or refund fixed in advance under a tendering pro­ Whereas, in view of the specific nature of the trans­ cedure he only makes up his mind to do so at the actions involved, special detailed rules should be laid moment when the application for the export licence is down in this Regulation, and those provided for in made ; whereas it is only after he has been declared Commission Regulation (EEC) No 394/70 of 2 March successful in respect of a levy or refund for the quan­ 1970 on detailed rules for granting export refunds on tity of sugar indicated in his tender that the said sugar (6), as last amended by Regulation (EEC) No monetary compensatory amount can be fixed in 1467/77 Q, should not apply ; whereas, for the same advance ; whereas application of the second subpara­ reasons, appropriate provisions should be laid down graph of the said Article 3 ( 1 ) would, as a consequence, with regard to export licences issued in connection if the tenderer did not, as laid down, ask for advance with the standing invitation to tender and there should fixing of the monetary compensatory amount at the

(') OJ No L 177, 1 . 7. 1981 , p. 4. H OJ No L 258 , 11 . 9 . 1981 , p. 16. 0 OJ No L 74, 18 . 3 . 1982, p. 1 . (') OJ No L 329 , 25 . 11 . 1982, p. 20 . (J) OJ No L 75, 28 . 3 . 1972, p. 5 . H 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 . H OJ No L 67, 14. 3 . 1975, p. 16. (6) OJ No L 50, 4. 3 . 1970, p. 1 . H OJ No L 160, 26. 6. 1980, p. 42. n OJ No L 162, 1 . 7. 1977, p. 6. H OJ No L 134, 15. 5. 1982, p. 22.

No L 187/ 16 12 . 7 . 83 Official Journal of the European Communities

time the licence or certificate was applied for, entail (a) shall begin on 12 July 1983 ; his losing a very large security, the loss of which would (b) shall end on 20 July 1983 at 10.30 a.m . be out of proportion to the objective behind the provi­ sions of the second subparagraph of the said Article 3 ( 1 ); whereas, in consequence, a derogation should be 2. The periods during which tenders may be made from the said provision in the case of this ten­ submitted in response to the second and subsequent dering procedure, so that application for advance partial invitations : fixing of the monetary compensatory amount at the time when the application for the export licence is (a) shall begin on the first working day following the made should be optional ; end of the preceding period ;

(b) shall end at 10.30 a.m . on the Wednesday of the Whereas the measures provided for in this Regulation following week. are in accordance with the opinion of the Management Committee for Sugar, 3 . Notwithstanding paragraph 2 (b), the period for the submission of tenders which was to end on Wednesday 2 and Wednesday 16 November 1983 HAS ADOPTED THIS REGULATION : shall end on Thursday 3 and Thursday 17 November 1983 respectively, at 10.30 a.m.

Article 1 4. Notwithstanding paragraph 2, no partial invita­ tion to tender will be issued on Wednesday 28 1 . There shall be issued a principal standing invita­ December 1983 . tion to tender in order to determine export levies and/or export refunds on raw sugar obtained from beet or cane harvested in the Community, and during the 5. The time limits laid down in this Regulation are period of validity of this standing invitation there shall expressed in Belgian time. be issued partial invitations to tender.

2. The standing invitation to tender shall remain Article 5 open until 13 June 1984.

1 . Offers in connection with this tender must be in Article 2 writing, and must be either delivered by hand, against a receipt, to the competent authority in a Member The standing invitation to tender and the partial invi­ State, or addressed to that authority by registered letter, tations shall be conducted in accordance with Regula­ telex or telegram . tion (EEC) No 766/68 and with the following provi­ sions. Regulation (EEC) No 394/70 shall not apply. 2. A tender must indicate :

Article 3 (a) the reference number of the invitation to tender to which the offer relates ; 1 . Member States shall draw up a notice of invita­ (b) the name and address of the tenderer ; tion to tender which shall be published in the Official Journal of the European Communities. Member States (c) the quantity tel quel of raw sugar to be exported ; may also publish the notice, or have it published, else­ (d) the amount of the export levy or, where applicable where . of the export refund per 100 kilograms of standard quality sugar, expressed in the currency of the 2. The notice shall indicate in particular the terms Member State in which the tender is submitted ; of the invitation to tender. (e) the minimum amount of the security to be lodged 3 . The notice shall be published only for the covering the quantity of sugar indicated in (c), purpose of opening the standing invitation to tender. expressed in the currency of the Member State in which the tender is submitted . It may be amended during the period of validity of the standing invitation to tender. It shall be so amended if the terms of the invitation to tender are modified . 3. An offer shall be valid only if :

(a) the quantity to be exported is not less than 250 Article 4 tonnes of raw sugar ; 1 . The period during which tenders may be (b) proof is furnished before expiry of the time limit for the submission of tenders that the tenderer has submitted in response to the first partial invitation to tender : lodged the security indicated in the tender ;

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(c) it includes a declaration by the tenderer that if his in Article 12 (b) become the security for the export offer is successful he will, within the period laid licence . down in Article 12 (b), apply for an export licence or licences in respect of the quantities of raw sugar 2. The security may be lodged at the tenderer's to be exported ; choice, either in cash or in the form of a guarantee given by an establishment complying with criteria laid (d) it includes a declaration by the tenderer certifying that : down by the Member State in which the tender is submitted .

— the product intended for export consists of raw 3 . Except in the case of force majeure, the security sugar obtained either from beet or from cane will be released : harvested in the Community, and (a) to tenderers only in respect of the quantity for — the customs export formalities will be which no award was made ; completed in the French overseas departments in the case of sugar obtained from cane (b) to successful tenderers only if they applied for harvested in the Community ; their export licence within the period laid down in Article 12 (b) and only for the quantity in respect (e) it includes a declaration by the tenderer that if his of which they have fulfilled the obligation created tender is successful he will : by that licence, Article 33 of Regulation (EEC) No 3183/80 remaining applicable. The security lodged — where the obligation to export created by the in respect of a quantity for which the above obliga­ export licence referred to in Article 12 (b) is tions have not been fulfilled shall be forfeited . not fulfilled, supplement the security by payment of the amount referred to in Article 4. In case of force majeure, the competent agency 13 (4), and in the Member State concerned shall take such action — within 30 days following the expiry of the as it considers necessary having regard to the cir­ export licence in question, notify the agency cumstances 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

(f) 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 thereto . having been submitted only if :

2 . Tenders shall be communicated to the Commis­ (a) the minimum export levy or, where applicable the sion forthwith and in such manner that the tenderers maximum export refund, is fixed on the day of the 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 Article 8 part of the tendered quantity.

1 . After the tenders received have been examined, a 5. A tender which is not submitted in accordance maximum quantity may be fixed for that partial invita­ tion . 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 . 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 .

Article9¶

1 . In the light of the intervention price for raw Article 6 sugar for the 1983/84 marketing year and, in parti­ cular, the current state and foreseeable development of 1 . A security of 9 ECU per 100 kilograms of sugar the Community and world sugar markets, there shall to be exported under this invitation to tender must be be fixed either : lodged by each tenderer. Without prejudice to Article — a minimum export levy, or 13 (4), this security shall in the case of successful tenderers and at the time of the application referred to — a maximum export refund.

No L 187 / 18 12 . 7 . 83 Official Journal of the European Communities

2. Subject to Article 10, where a minimum export In addition , that authority shall send successful ten­ levy is fixed, a contract shall be awarded to every derers a statement of award . tenderer whose tender quotes a rate of levy equal to or greater than such minimum levy. 2. The statement of award shall indicate :

3 . Subject to Article 10, where a maximum export (a) the reference number of the invitation to which refund is fixed, a contract shall be awarded to every the tender relates ; tenderer whose tender quotes a rate of refund equal to or less than such maximum refund and to every (b) the quantity tel quel of raw sugar to be exported ; tenderer who has tendered for an export levy. (c) the export levy to be charged, or where applicable the export refund to be granted, per 100 kilograms of standard quality raw sugar of the quantity referred to in (b). Article 10

1 . Where a maximum quantity has been fixed for a partial invitation to tender : Article 12

— if a minimum levy is fixed, a contract shall be Every successful tenderer shall have : awarded to the tenderer whose tender quotes the highest levy ; if the maximum quantity is not fully (a) the right to claim in respect of the quantity covered by that award, awards shall be made to awarded, an export licence indicating as appro­ other tenderers in descending order of levies priate the export levy or the export refund quoted quoted until the entire maximum quantity has in his tender ; been accounted for, (b) the obligation to lodge, in accordance with the — if a maximum refund is fixed, contracts shall be awarded in accordance with the first indent ; if relevant provisions of Regulation (EEC) No 3183/80, an application for an export licence in after such awards a quantity is still outstanding, or respect of that quantity, Article 1 2 (2) of that Regu­ if there are no tenders quoting an export levy, lation and Article 10 of Regulation (EEC) No contracts shall be awarded in ascending order of 645/75 not applying in such a case . The applica­ refunds quoted until the entire maximum quantity tion shall be lodged not later than : has been accounted for, to tenderers quoting a refund . — the last working day preceding the date of the partial invitation to tender to be held the 2. However, where an award to a particular tenderer following week, or in accordance with the provisions of paragraph 1 would result in the maximum quantity being — if no partial invitation to tender is to be held exceeded, that award shall be limited to such quantity that week, the last working day of the following week ; as is still available . Where two or more tenderers quote the same levy or the same refund and awards to all of (c) the obligation to export the tendered quantity and, them would result in the maximum quantity being if this obligation is not fulfilled, to pay, where exceeded, then the quantity available shall be awarded necessary, the amount referred to in Article 1 3 (4). as follows :

—- by being divided among the tenderers concerned This right and these obligations are not transferable. in proportion to the total quantities in each of their tenders , or

— by being apportioned among the tenderers Article 13 concerned by reference to a maximum tonnage to be fixed for each of them , or 1 . The first paragraph of Article 9 of Regulation — by the drawing of lots . (EEC) No 2630/81 shall not apply to the raw sugar to be exported in accordance with this Regulation .

Article 11 2. Export licences issued in connection with a partial invitation to tender shall be valid from the day of issue until the end of the fifth calendar month 1 . The competent authority of the Member State concerned shall immediately notify applicants of the following that in which the partial invitation was issued . result of their participation in the invitation to tender.

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However : force on the last day of validity of the said licence ; or (a) licences issued in connection with partial invita­ tions : (b) the sum of the export levy indicated on the licence and the export refund referred to in Article 2 of — issued in the period 20 July to 7 September Regulation (EEC) No 766/68 in force on the last 1983 may be used only from 15 September day of validity of the said licence ; or 1983 , (c) the export refund referred to in Article 2 of Regu­ — issued in the period 14 to 28 September 1983 lation (EEC) No 766/68 in force on the last day of may be used from the day of issue, and validity of the licence, reduced by the refund indi­ shall be valid only until 31 December 1983 ; cated on the said licence ; (b) licences issued in connection with partial invita­ then , under the time limits and conditions laid down tions issued from 1 February 1984 shall be valid in Article 33 of Regulation (EEC) No 3183/80 and by only until 31 July 1984. way of a supplementary security for the quantity in respect of which the said obligation was not fulfilled, 3 . In the case of raw sugar obtained from cane the licence holder shall be charged an amount equal harvested in the Community, section 18 (a) of the to the difference between the result of the calculation export licence shall contain one of the following made under (a), (b) or (c), as the case may be, and the endorsements : security referred to in Article 6. 'Licence valid for the French overseas departments', Article 14 'Licens gyldig for de franske oversøiske departe­ menter', If the tenderer intends to apply for advance fixing of ' Lizenz gültig für die französischen überseeischen the monetary compensatory amount under this Departements', standing invitation to tender, the provisions of the ' Πιστοποιητικό ισχύον για τα υπερπόντια γαλλικά second subparagraph of Article 3 ( 1 ) of Regulation διαμερίσματα', (EEC) No 1160/82 shall not apply. 'Certificat valable pour les départements français When use is made of the provisions of the first sub­ d'outre-mer', paragraph of Article 3 ( 1 ) of that Regulation, those of 'Titolo valido per i dipartimenti francesi d oltremare , the third subparagraph of paragraph 1 and of para­ graph 2 of that Article shall remain applicable to this 'Certificaat geldig voor de Franse overzeese departe­ menten'. tendering procedure.

Article 15 4. Except in cases of force majeure, if the obligation to export created by the export licence referred to in In Article 1 (2) of Regulation (EEC) No 2015/82 ('), '31 Article 12 (b) has not been fulfilled and if the security referred to in Article 6 is less than : August 1983' is hereby replaced by ' 14 July 1983'.

(a) the export levy indicated on the licence reduced by Article 16 the levy referred to in the second subparagraph of Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in 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. 20 .