31984R2382

18 . 8 . 84 Official Journal of the European Communities No L 221 /5

COMMISSION REGULATION ( EEC) No 2382/84 of 14 August 1984 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);

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 principal standing invita­ compensatory amounts (l4) provides that, where the tion to tender should be issued for export of white levy or refund is fixed in advance by means of tenders, sugar which, having regard to possible fluctuations in applications to fix the monetary compensatory amount world prices for sugar, must provide for the determina­ in advance shall be accepted only if the party tion of export levies and/or export refunds ; concerned has declared in writing at the time of submission of the tender that he will also apply to fix the monetary compensatory amount in advance if the Whereas the general rules governing invitations to tender is accepted in whole or in part ; whereas, in tender for the purpose of determining export refunds such cases, the obligation to lodge an application to fix for sugar were laid down in Council Regulation (EEC) the levy or refund in advance following acceptance of No 766/68 of 18 June 1968 laying down general rules the tender involves an obligation to request at the for granting export refunds on sugar (4), as last same time advance fixing of the monetary compensa­ amended by Regulation (EEC) No 1489/76 (5); tory amount ; whereas, for reasons peculiar to the market in sugar, when an operator intends to make use Whereas, in view of the specific nature of the transac­ of the facility of fixing a monetary compensatory tions involved, special detailed rules should be laid amount in advance in connection with an export levy down in this Regulation, and those provided for in or refund fixed in advance under a tendering proce­ Commission Regulation (EEC) No 394/70 of 2 March dure he only makes up his mind to do so at the 1970 on detailed rules for granting export refunds on moment when the application for the export licence is sugar (6), as last amended by Regulation (EEC) No made ; whereas it is only after he has been declared 1 467/77 Q, should not apply ; whereas, for the same successful in respect of a levy or refund for the quan­ reasons, appropriate provisions should be laid down tity of sugar indicated in his tender that the said with regard to export licences issued in connection monetary compensatory amount can be fixed in with the standing invitation to tender and there should advance ; whereas, in consequence, a derogation be a derogation from Commission Regulation (EEC) should be made from the said provision in the case of No 2630/81 of 10 September 1981 on special detailed this tendering procedure, so that application for

(') OJ No L 177, 1 . 7 . 1981 , p. 4. f) 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 . O OJ No L 75, 28 . 3 . 1972, p. 5. O 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 . 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. O OJ No L 162, I. 7. 1977, p. 6. 0 4) OJ No L 134, 15 . 5 . 1982, p . 22.

No L 221 /6 Official Journal of the European Communities 18 . 8 . 84

Article 4 advance fixing of the monetary compensatory amount at the time when the application for the export licence 1 . The period during which tenders may be is made should be optional ; submitted in response to the first partial invitation to tender : Whereas the fact that export licences issued in respect of partial invitations to tender held from 1 February (a) shall begin on 1 8 August 1 984 ; 1985 are valid only until 30 June 1985 could, in (b) shall end on 22 August 1984 at 10.30 a.m . certain borderline cases, make it impossible actually to export the goods before the new marketing year 2. The periods during which tenders may be begins ; whereas it is therefore appropriate to authorize submitted in response to the second and subsequent the Member State in question to provide, as a conces­ partial invitations : sionary measure, that the parties concerned have, if (a) shall begin on the first working day following the they submit a duly substantiated request to that effect, end of the preceding period ; until 15 July 1985 to export the goods, on the under­ (b) shall end at 10.30 a.m. on the Wednesday of the standing that the said goods are, to all intents and following week. purposes, to be regarded as having been exported on 30 June 1985 ; 3 . Notwithstanding paragraph 2 (b), the period for the submission of tenders which was to end on : Whereas the measures provided for in this Regulation — Wednesday 21 November 1984 shall end on are in accordance with the opinion of the Management Tuesday 20 November 1984 at 10.30 a.m., Committee for Sugar, — Wednesday 2 January 1985 shall end on Thursday 3 January 1985 at 10.30 a.m ., — Wednesday 1 and Wednesday 8 May 1985 shall HAS ADOPTED THIS REGULATION : end on Thursday 2 and Tuesday 7 May 1985, respectively, at 10.30 a.m ., — Wednesday 5 June 1985 shall end on Tuesday 4 Article 1 June 1985 at 10.30 a.m .

1 . There shall be issued a principal standing invita­ 4. Notwithstanding paragraph 2, no partial invita­ tion to tender in order to determine export levies tion to tender will be issued on Wednesday 26 and/or export refunds on white sugar, and during the December 1984 . period of validity of this standing invitation there shall be issued partial invitations to tender. 5. The time limits laid down in this Regulation are expressed in Belgian time. 2. The standing invitation to tender shall remain open until 12 June 1985 . Article 5

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 . An offer must indicate :

(a) the reference number of the invitation to tender to Article 3 which the offer relates ; (b) the name and address of the tenderer ; 1 . Member States shall draw up a notice of invita­ (c) the quantity of white sugar to be exported ; tion to tender which shall be published in the Official (d) the amount of the export levy or, where applicable, Journal of the European Communities. Member States of the export refund per 100 kilograms of white may also publish the notice, or have it published, else­ sugar, expressed in the currency of the Member where . State in which the tender is submitted ; 2 . The notice shall indicate in particular the terms (e) the minimum amount of the security to be lodged of the invitation to tender. covering the quantity of sugar indicated in (c), expressed in the currency of the Member State in 3. The notice shall be published only for the which the tender is submitted . purpose of opening the standing invitation to tender. 3 . An offer shall be valid only if : It may be amended during the period of validity of the standing invitation to tender. It shall be so amended if (a) the quantity to be exported is not less than 250 the terms of the invitation to tender are modified . tonnes of white sugar ;

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3. Except in the case of force majeure, the security (b) proof is furnished before expiry of the time limit will be released : for the submission of tenders that the tenderer has lodged the security indicated in the tender ; (a) to tenderers only in respect of the quantity for (c) it includes a declaration by the tenderer that if his which no award was made ; tender is successful he will, within the period laid (b) to successful tenderers only if they applied for down in Article 12 (b), apply for an export licence their export licence within the period laid down in or licences in respect of the quantities of white Article 12 (b) and only for the quantity in respect sugar to be exported ; of which they have fulfilled the obligation created (d) it includes a declaration by the tenderer that if his by that licence, Article 33 of Regulation (EEC) No tender is successful he will : 3183/80 remaining applicable.

— where the obligation to export created by the Any unreleased security and the supplementary secu­ export licence referred to in Article 12 (b) is rity referred to in Article 13 (3) shall be forfeited in not fulfilled, supplement the security by respect of a quantity for which the above obligations payment of the amount referred to in Article have not been fulfilled . 13 (3), and 4. In case of force majeure, the competent authority — within 30 days following the expiry of the of the Member State concerned shall take such action export licence in question, notify the agency which issued the licence of the quantity or as it considers necessary having regard to the circum­ stances invoked by the party concerned. quantities in respect of which the licence was not used ; (e) it contains all the information required under para­ Article 7 graph 2.

1 . Tenders shall be examined in private by the 4. A tender may stipulate that it is to be regarded as competent authority concerned. Subject to paragraph having been submitted only if : 2, persons present at the examination shall be under an obligation not to disclose any particulars relating (a) the minimum export levy or, where applicable, the thereto . maximum export refund is fixed on the day of the expiry of the period for the submission of the 2. Tenders shall be communicated to the Commis­ tenders in question ; sion forthwith and in such a manner that the tenderers remain anonymous. (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 with the provisions of this Regulation, or which 1 . After the tenders received have been examined, a contains terms other than those indicated in the notice maximum quantity may be fixed for that partial invita­ of invitation to tender, shall not be considered. tion .

6. Once submitted, a tender may not be withdrawn . 2. A decision may be taken to make no award under a specific partial invitation to tender.

Article6¶

1 . A security of 9 ECU per 100 kilograms of sugar 1 . In the light of the intervention price for white to be exported under this invitation to tender must be sugar for the 1984/85 marketing year and, in parti­ lodged by each tenderer. Without prejudice to Article cular, the current state and foreseeable development of 13 (3), this security shall in the case of successful the Community and world sugar markets, there shall tenderers and at the time of the application referred to be fixed either : in Article 12 (b) become the security for the export licence . — a minimum export levy, or — a maximum export refund. 2. The security may be lodged at the tenderer's choice, either in cash or in the form of a guarantee 2. Subject to Article 10, where a minimum export given by an establishment complying with criteria laid levy is fixed, a contract shall be awarded to every down by the Member State in which the tender is tenderer whose tender quotes a rate of levy equal to or submitted. greater than such minimum levy.

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

Article 12 Article 10 Every successful tenderer shall have : 1 . Where a maximum quantity has been fixed for a (a) the right to claim in respect of the quantity partial invitation to tender : awarded, an export licence indicating, as appro­ priate, the export levy or the export refund quoted — if a minimum levy is fixed, a contract shall be in his tender ; awarded to the tenderer whose tender quotes the (b) the obligation to lodge, in accordance with the highest levy ; if the maximum quantity is not fully relevant provisions of Regulation (EEC) No covered by that award, awards shall be made to 3183/80, an application for an export licence in other tenderers in descending order of levies quoted until the entire maximum quantity has respect of that quantity, Article 1 2 (2) of that Regu­ been accounted for, lation and Article 10 of Regulation (EEC) No 645/75 not applying in such a case. The applica­ — if a maximum refund is fixed, contracts shall be tion shall be lodged in accordance with the rele­ awarded in accordance with the first indent ; if vant provisions of Regulation (EEC) No 3183/80, after such awards a quantity is still outstanding, or 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 (3). 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 1 . The first paragraph of Article 9 of Regulation in proportion to the total quantities in each of their tenders, or (EEC) No 2630/81 shall not apply to the white sugar to be exported in accordance with this Regulation . — by being apportioned among the tenderers concerned by reference to a maximum tonnage to 2. Export licences issued in connection with a be fixed for each of them, or partial invitation to tender shall be valid from the day of issue until the end of the fifth calendar month — by the drawing of lots. following that in which the partial invitation was issued .

Article11¶

1 . The competent authority of the Member State (a) licences issued in connection with partial invita­ tions : concerned shall immediately notify applicants of the result of their participation in the invitation to tender. — issued in the period 22 August to 1 2 September In addition , that authority shall send successful 1984 may be used only from 15 September tenderers a statement of award . 1984, — issued in the period 13 September to 10 2 . The statement of award shall indicate : October 1984 may be used from the day of issue, (a) the reference number of the invitation to which the tender relates ; and shall be valid only until 30 November 1984 ;

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then, under the time limits and conditions laid down (b) licences issued in connection with partial invita­ tions issued in the period 17 October to 28 in Article 33 of Regulation (EEC) No 3183/80 and by November 1984 may be used only from 1 way of a supplementary security for the quantity in December 1984 and shall be valid until 30 April respect of which the said obligation was not fulfilled, 1985 ; the licence holder shall be charged an amount equal to the difference between the result of the calculation (c) licences issued in connection with partial invita­ made under (a), (b) or (c), as the case may be, and the tions issued from 1 February 1985 shall be valid security referred to in Article 6. only until 30 June 1985. The competent authority of the Member State which issued the said licences may, if the licence holder submits a written, Article 14 substantiated request to that effect, extend their period of validity until 15 July 1985 at the latest. If the tenderer intends to apply for advance fixing of Where an export licence's period of validity is the monetary compensatory amount under this stand­ extended pursuant to this subparagraph the goods ing invitation to tender, the provisions of the second shall be regarded as having been exported on 30 subparagraph of Article 3 ( 1 ) of Regulation (EEC) No June 1985. 1160/82 shall not apply.

When use is made of the provisions of the first sub­ 3 . Except in cases of force majeure, if the obligation to export created by export licence applied for within paragraph of Article 3 ( 1 ) of that 'Regulation, those of the period referred to under Article 12 (b) has not the third subparagraph of paragraph 1 and of para­ been fulfilled and if the security referred to in Article graph 2 of that Article shall remain applicable to 6 is less than : this tendering procedure.

(a) the export levy indicated on the licence reduced by the levy referred to in the second subparagraph of Article 15 Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in force on the last day of validity of the said licence, The invitations to tender referred to in Regulations or (EEC) No 1881 /83 (') and (EEC) No 1883/83 (2) shall (b) the sum of the export levy indicated on the licence be closed with effect from 23 August 1984. and the export refund referred to in Article 2 of 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 16 lation (EEC) No 766/68 in force on the last day of validity of the licence reduced by the refund indi­ This Regulation shall enter into force on 18 August cated on the said licence, 1984 .

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

Done at Brussels, 14 August 1984.

For the Commission Étienne DAVIGNON

Vice-President

(<) OJ No L 187, 12. 7. 1983 , p. 10 . I1) OJ No L 187, 12. 7. 1983, p. 20 .