31983R1883

No L 187/ 20 Official Journal of the European Communities 12 . 7 . 83

COMMISSION REGULATION (EEC) No 1883/83 of 8 July 1983 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 there should be a derogation from Commission Regu­ COMMUNITIES, lation (EEC) 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 Having regard to the Treaty establishing the European amended by Regulation (EEC) No 3130/82 (9), from Economic Community, Commission Regulation (EEC) No 3183/80 of 3 December 1980 laying down common detailed rules Having regard to Council Regulation (EEC) No for the application of the system of import and export 1785/81 of 30 June 1981 on the common organization licences and advance-fixing certificates for agricultural of the markets in the sugar sector ('), as last amended products (10), as last amended by Regulation (EEC) No by Regulation (EEC) No 606/82 (2), and in particular 2666/82 ("), and from Commission Regulation (EEC) Articles 13 (2), 18 (5), 19 (4) and (7) and the second No 645/75 of 13 March 1975 laying down common paragraph of Article 39 thereof, detailed rules for the application of the export levies and charges on agricultural products (12), as last amended by Regulation (EEC) No 1607/80 (l3) ; 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 (14) provides that, where the and world sugar markets, a supplementary standing levy or refund is fixed in advance by means of tenders, invitation to tender should be issued for export of raw applications to fix the monetary compensatory amount sugar obtained from beet or cane harvested in the in advance shall be accepted only if the party Community ; whereas, in view of possible fluctuations concerned has declared in writing at the time of in world prices for sugar, the invitation to tender must submission of the tender that he will also apply to fix provide for the determination of export levies and/or the monetary compensatory amount in advance if the export 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 compensa­ for sugar were laid down in Council Regulation (EEC) tory 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 (*) ; 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 of application moment when the application for the export licence is should be laid down in this Regulation, and those made ; whereas it is only after he has been declared provided for in Commission Regulation (EEC) No successful in respect of a levy or refund for the quan­ 394/70 of 2 March 1970 on detailed rules for granting tity of sugar indicated in his tender that the said export refunds on sugar (6), as last amended by Regula­ monetary compensatory amount can be fixed in tion (EEC) No 1467/77 Q, should not apply ; whereas, advance ; whereas application of the second subpara­ for the same reasons, appropriate provisions should be graph of the said Article 3 ( 1 ) would as a consequence, laid down with regard to export licences issued in if the tenderer did not, as laid down , ask for advance connection with the standing invitation to tender and 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 329 , 25 . 11 . 1982, p. 20 . }) OJ No L 75, 28 . 3 . 1972, p. 5 . H OJ No L 338 , 13 . 12. 1980 , p . 1 . j OJ No L 143, 25. 6. 1968, p. 6. (") OJ No L 283, 6. 10 . 1982, p. 7. ■<) 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 . , (IJ) OJ No L 160 , 26. 6. 1980 , p. 42. A OJ No L 162, 1 . 7. 1977, p. 6. 14 OJ No L 134, 15 . 5 . 1982, p. 22.

12. 7 . 83 No L 187/21 Official Journal of the European Communities

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

Article 5 HAS ADOPTED THIS REGULATION : 1 . Offers in connection with this tender must be in Article 1 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 2 . A tender must indicate : or cane harvested in the Community, and during the period of validity of this standing invitation there shall (a) the reference number of the invitation to tender to be issued partial invitations to . tender. which the offer relates ; 2. The standing invitation to tender shall remain (b) the name and address of the tenderer ; open until a date to be determined subsequently. (c) the quantity tel quel of raw sugar to be exported ;

(d) the amount of the export levy or, where applicable Article 2 of the export refund per 100 kilograms of standard quality sugar, expressed in the currency of the The standing invitation to tender and the partial Member State in which the tender is submitted ; invitations shall be conducted in accordance with (e) the minimum amount of the security to be lodged Regulation (EEC) No 766/68 and with the following covering the quantity of sugar indicated in (c), provisions. Regulation (EEC) No 394/70 shall not expressed in the currency of the Member State in apply. which the tender is submitted .

3 . An offer shall be valid only if : Article 3 (a) the quantity to be exported is not less than 250 1 . Member States shall draw up a notice of invita­ tonnes of raw sugar ; tion to tender which shall be published in the Official (b) proof is furnished before expiry of the time limit Journal of the European Communities. Member States for the submission of tenders that the tenderer has may also publish the notice, or have it published, else­ where . lodged the security indicated in the tender ; (c) it includes a declaration by the tenderer that if his 2. The notice shall indicate in particular the terms offer is successful he will, within the period laid of the invitation to tender. down in Article 12 (b), apply for an export licence or licences in respect of the quantities of raw sugar 3 . The notice shall be published only for the to be exported ; purpose of opening the standing invitation to tender. (d) it includes a declaration by the tenderer certifying It may be amended during the period of validity of the that : standing invitation to tender. It shall be so amended if the terms of the invitation to tender are modified. — the product intended for export consists of raw sugar obtained either from beet or from cane harvested in the Community, and Article 4 — the customs export formalities will be 1 . The period during which tenders may be completed in the French overseas department submitted in response to the first partial invitation to in the case of sugar obtained from cane tender : harvested in the Community ;

No L 187/22 Official Journal of the European Communities 12 . 7 . 83

(e) it includes a declaration by the tenderer that if his as it considers necessary having regard to the circum­ tender is successful he will : stances invoked by the party concerned. — where the obligation to export created by the export licence referred to under Article 12 (b) is Article 7 not fulfilled, supplement the security by payment of the amount referred to in Article 13 (5), and 1 . Tenders shall be examined in private by the — within 30 days following the expiry of the competent authority concerned. Subject to paragraph 2, persons present at the examination shall be under export licence in question, notify the agency an obligation not to disclose any particulars relating which issued the licence of the quantity or thereto . quantities in respect of which the licence was not used ; 2. Tenders shall be communicated to the Commis­ (f) it contains all the information required under para­ sion forthwith and in such manner that the tenderers graph 2. remain anonymous. 4. A tender may stipulate that it is to be regarded as having been submitted only if : Article 8 (a) the minimum export levy or, where applicable the maximum export refund, is fixed on the day of the 1 . After the tenders received have been examined, a expiry of the period for the submission of the maximum quantity may be fixed for that partial invita­ tenders in question ; tion . (b) the tender, if successful, relates to all or a specified part of the tendered quantity. 2. A decision may be taken to make no award under a specific partial invitation to tender. 5 . A tender which is not submitted in accordance with the provisions of this Regulation, or which contains terms other than those indicated in the notice Article 9 of invitation to tender, shall not be considered . 1 . In the light of the intervention price for raw 6. Once submitted, a tender may not be withdrawn. sugar for the 1983/84 marketing year and, in parti­ cular, the current state and foreseeable development of Article 6 the Community and world sugar markets, there shall be fixed either : 1 . A security of 9 ECU per 100 kilograms of sugar to be exported under this invitation to tender must be — a minimum export levy, or lodged by each tenderer. Without prejudice to 13 (5), — a maximum export refund. this security shall in the case of successful tenderers and at the time of the application referred to in Article 2. Subject to Article 10, where a minimum export 12 (b) become the security for the export licence . levy is fixed, a contract shall be awarded to every tenderer whose tender quotes a rate of levy equal to or 2. The security may be lodged at the tenderer's greater than such minimum levy. choice, either in cash or in the form of a guarantee given by an establishment complying with criteria laid 3 . Subject to Article 10, where a maximum export down by the Member State in which the tender is refund is fixed, a contract shall be awarded to every submitted . tenderer whose tender quotes a rate of refund equal to or less than such maximum refund and to every 3 . Except in the case of force majeure, the security will be released : 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 — if a minimum levy is fixed, a contract shall be by that licence, Article 33 of Regulation (EEC) No awarded to the tenderer whose tender quotes the 3183 /80 remaining applicable . The security lodged highest levy ; if the maximum quantity is not fully in respect of a quantity for which the above obliga­ 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,

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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 refund . (c) the obligation to export the tendered quantity and, 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 partial invitation to tender shall be valid from the day — by being divided among the tenderers concerned of issue until 30 September 1984. in proportion to the total quantities in each of their tenders, or 3 . Export licences issued in connection with a — by being apportioned among the tenderers partial invitation to tender under this standing invita­ concerned by reference to a maximum tonnage to tion to tender held between 2 May and 27 June 1984 be fixed for each of them , or shall be used only with effect from 1 July 1984. — by the drawing of lots. 4. In the case of raw sugar obtained from cane harvested in the Community, section 18 (a) of the export licence shall contain one of the following Article 11 endorsements :

'Licence valid for the French overseas departments', 1 . The competent authority of the Member State concerned shall immediately notify applicants of the Licens gyldig for de franske oversøiske departe­ result of their participation in the invitation to tender. menter', In addition, that authority shall send successful ten­ 'Lizenz gültig für die französischen überseeischen derers a statement of award . Departements', ' Πιστοποιητικο ισχύον για τα υπερπόντια γαλλικά 2. The statement of award shall indicate : διαμερίσματα', (a) the reference number of the invitation to which 'Certificat valable pour les départements français the tender relates ; d'outre-mer', (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 ; or priate the export levy or the export refund quoted in his tender ; (b) the sum of the export levy indicated on the licences and the . export refund referred to in (b) the obligation to lodge, in accordance with the Article 2 of Regulation (EEC) No 766/68 in force relevant provisions of Regulation (EEC) No 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 187/24 Official Journal of the European Communities 12. 7. 83

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, 1984 and the intervention price of that sugar appli­ the licence holder shall be charged an amount equal cable on 30 June 1984. 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 18 (a) of the export licence and shall place 1 . In so far as the conditions set out in Article 12 of its stamp thereon. Regulation (EEC) No 766/68 are satisfied, any export Member States shall inform the Commission without refunds and export levies fixed in advance in connec­ tion with this invitation to tender before 1 July 1984 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 12 July 1983 paragraph 1 , the export refund shall be increased, and 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

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