31984R2383

No L 221 / 10 Official Journal of the European Communities 18 . 8 . 84

COMMISSION REGULATION ( EEC) No 2383/84

of 14 August 1984

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 3130/82 (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 system of import and export licences and advance Having regard to Council Regulation (EEC) No 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 from Commission Regulation (EEC) No 645/75 of 13 by Regulation (EEC) No 606/82 (2), and in particular Articles 13 (2), 18 (5), 19 (4) and (7) and the second March 1975 laying down common detailed rules for the application of the export levies and charges on paragraph of Article 39 thereof, agricultural products (12), as last amended by Regula­ tion (EEC) No 1 607/80 (u) ; 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 (l4) provides that, where the levy or refund is fixed in advance by means of tenders, Whereas, in view of the situation on the Community applications to fix the monetary compensatory amount and world sugar markets, a principal standing invita­ in advance shall be accepted only if the party tion to tender should be issued for export of raw sugar concerned has declared in writing at the time of obtained from beet or cane harvested in the Commu­ submission of the tender that he will also apply to fix nity ; whereas, in view of possible fluctuations in world the monetary compensatory amount in advance if the prices for sugar, the invitation to tender must provide tender is accepted in whole or in part ; whereas, in for the determination of export levies and/or export such cases, the obligation to lodge an application to fix refunds ; the levy or refund in advance following acceptance of the tender involves an obligation to request at the same time advance fixing of the monetary compen­ Whereas the general rules governing invitations to satory amount ; whereas, for reasons peculiar to the tender for the purpose of determining export refunds market in sugar, when an operator intends to make use for sugar were laid down in Council Regulation (EEC) of the facility of fixing a monetary compensatory No 766/68 of 18 June 1968 laying down general rules amount in advance in connection with an export levy for granting export refunds on sugar (4), as last or refund fixed in advance under a tendering pro­ amended by Regulation (EEC) No 1 489/76 (*) ; cedure he only makes up his mind to do so at the moment when the application for the export licence is Whereas, in view of the specific nature of the trans­ made ; whereas it is only after he has been declared actions involved, special detailed rules should be laid successful in respect of a levy or refund for the quan­ down in this Regulation, and those provided for in tity of sugar indicated in his tender that the said Commission Regulation (EEC) No 394/70 of 2 March monetary compensatory amount can be fixed in 1970 on detailed rules for granting export refunds on advance ; whereas, in consequence, a derogation sugar (6), as last amended by Regulation (EEC) No should be made from the said provision in the case of 1467/77 Q, should not apply ; whereas, for the same this tendering procedure, so that application for reasons, appropriate provisions should be laid down advance fixing of the monetary compensatory amount with regard to export licences issued in connection at the time when the application for the export licence with the standing invitation to tender and there should is made should be optional ;

(') 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 . H OJ No L 338, 13 . 12. 1980, p. 1 . (*) OJ No L 143 , 25. 6. 1968 , p. 6. (") OJ No L 283, 6. 10 . 1982, p. 7. Is) 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. O OJ No L 134, 15 . 5 . 1982, p. 22.

18 . 8 . 84 No L 221 / 11 Official Journal of the European Communities

Article 4 Whereas the fact that export licences issued in respect of partial invitations to tender held from 1 February 1985 are valid only until 30 June 1985 could, in 1 . The period during which tenders may be certain borderline cases, make it impossible actually to submitted in response to the first partial invitation to tender : export the goods before the new marketing year beings ; whereas it is therefore appropriate to authorize (a) shall begin on 18 August 1984 ; the Member State in question to provide, as a conces­ (b) shall end on 22 August 1984 at 10.30 a.m. sionary measure, that the parties concerned have, if they submit a duly substantiated request to that effect, 2. The periods during which tenders may be until 15 July 1985 to export the goods, on the under­ submitted in response to the second and subsequent standing that the said goods are, to all intents and partial invitations : purposes, to be regarded as having been exported on 30 June 1985 ; (a) shall begin on the first working day following the 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 21 November 1984 shall end on HAS ADOPTED THIS REGULATION : Tuesday 20 November 1984 at 10.30 a.m.,

— Wednesday 2 January 1985 shall end on Thursday 3 January 1985 at 10.30 a.m ., Article 1 — Wednesday 1 and Wednesday 8 May 1985 shall end on Thursday 2 and Tuesday 7 May 1985, 1 . There shall be issued a principal standing invita­ respectively, at 10.30 a.m ., tion to tender in order to determine export levies — Wednesday 5 June 1985 shall end on Tuesday 4 and/or export refunds on raw sugar obtained from beet or cane harvested in the Community, and during the June 1985 at 10.30 a.m . period of validity of this standing invitation there shall 4. Notwithstanding paragraph 2, no partial invita­ be issued partial invitations to tender. tion to tender will be issued on Wednesday 26 December 1984 . 2. The standing invitation to tender shall remain open until 12 June 1985. 5. The time limits laid down in this Regulation are expressed in Belgian time .

Article2¶

Article 5 The standing invitation to tender and the partial invi­ tations shall be conducted in accordance with Regula­ 1 . Offers in connection with this tender must be in tion (EEC) No 766/68 and with the following provi­ writing, and must be either delivered by hand, against sions. Regulation (EEC) No 394/70 shall not apply. a receipt, to the competent authority in a Member State, or addressed to that authority by registered letter, telex or telegram . Article 3

2 . A tender must indicate : 1 . Member States shall draw up a notice of invita­ tion to tender which shall be published in the Official (a) the reference number of the invitation to tender to which the offer relates ; Journal of the European Communities. Member States may also publish the notice, or have it published, else­ (b) the name and address of the tenderer ; where . (c) the quantity tel quel of raw sugar to be exported ;

(d) the amount of the export levy or, where applicable, 2. The notice shall indicate in particular the terms of the invitation to tender. of the export refund per 100 kilograms of standard quality sugar, expressed in the currency of the Member State in which the tender is submitted ; 3 . The notice shall be published only for the purpose of opening the standing invitation to tender. (e) the minimum amount of the security to be lodged It may be amended during the period of validity of the covering the quantity of sugar indicated in (c), standing invitation to tender. It shall be so amended if expressed in the currency of the Member State in the terms of the invitation to tender are modified . which the tender is submitted .

No L 221 / 12 Official Journal of the European Communities 18 . 8 . 84

3. An offer shall be valid only if : 13 (4), this security shall in the case of successful tenderers and at the time of the application referred to (a) the quantity to be exported is not less than 250 in Article 12 (b) become the security for the export tonnes of raw sugar ; licence .

(b) proof is furnished before expiry of the time limit for the submission of tenders that the tenderer has 2. The security may be lodged at the tenderer's lodged the security indicated in the tender ; choice, either in cash or in the form of a guarantee given by an establishment complying with criteria laid (c) it includes a declaration by the tenderer that if his down by the Member State in which the tender is tender is successful he will, within the period laid submitted . down in Article 12 (b), apply for an export licence or licences in respect of the quantities of raw sugar to be exported ; 3 . Except in the case of force majeure, the security will be released : (d) it includes a declaration by the tenderer certifying that : (a) to tenderers only in respect of the quantity for which no award was made ; — the product intended for export consists of raw sugar obtained from either beet or from cane (b) to successful tenderers only if they applied for harvested in the Community, and their export licence within the period laid down in Article 12 (b) and only for the quantity in respect — the customs export formalities will be of which they have fulfilled the obligation created completed in the French overseas departments by that licence, Article 33 of Regulation (EEC) No in the case of sugar obtained from cane 3183/80 remaining applicable . harvested in the Community ;

(e) it includes a declaration by the tenderer that if his Any unreleased security and the supplementary secu­ tender is successful he will : rity referred to in Article 13 (4) shall be forfeited in respect of a quantity for which the above obligations — where the obligation to export created by the have not been fulfilled . export licence referred to in Article 12 (b) is not fulfilled, supplement the security by 4. In case of force majeure, the competent authority payment of the amount referred to in Article of the Member State concerned shall take such action 13 (4), and as it considers necessary having regard to the cir­ — within 30 days following the expiry of the cumstances invoked by the party concerned. export licence in question, notify the agency which issued the licence of the quantity or quantities in respect of which the licence was Article 7 not used ;

(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 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 a 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 with the provisions of this Regulation, or which contains terms other than those indicated in the notice maximum quantity may be fixed for that partial invita­ tion . of invitation to tender, shall not be considered.

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

Article 6 Article 9 1 . A security of 9 ECU per 100 kilograms of sugar to be exported under this invitation to tender must be 1 . In the light of the intervention price for raw lodged by each tenderer. Without prejudice to Article sugar for the 1984/85 marketing year and, in parti­

18 . 8 . 84 Official Journal of the European Communities No L 221 / 13

cular, the current state and foreseeable development of — by the drawing of lots. the Community and world sugar markets, there shall be fixed either :

Article11¶

— a maximum export refund. 1 . The competent authority of the Member State concerned shall immediately notify applicants of the result of their participation in the invitation to tender. 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 :

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

Article10¶

Article 12 1 . Where a maximum quantity has been fixed for a partial invitation to tender : Every successful tenderer shall have :

— if a minimum levy is fixed, a contract shall be (a) the right to claim in respect of the quantity awarded to the tenderer whose tender quotes the awarded, an export licence indicating as appro­ highest levy ; if the maximum quantity is not fully priate the export levy or the export refund quoted covered by that award, awards shall be made to in his tender ; other tenderers in descending order of levies (b) the obligation to lodge, in accordance with the quoted until the entire maximum quantity has relevant provisions of Regulation (EEC) No been accounted for, 3183/80, an application for an export licence in — if a maximum refund is fixed, contracts shall be respect of that quantity, Article 1 2 (2) of that Regu­ awarded in accordance with the first indent ; if lation and Article 10 of Regulation (EEC) No 645/75 not applying in such a case. The applica­ after such awards a quantity is still outstanding, or tion shall be lodged, in accordance with the rele­ if there are no tenders quoting an export levy, vant provisions of Regulation (EEC) No 3183/80, contracts shall be awarded in ascending order of not later than : refunds quoted until the entire maximum quantity 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 following week, or 2. However, where an award to a particular tenderer — if no partial invitation to tender is due to be in accordance with the provisions of paragraph 1 held that week, the last working day of the would result in the maximum quantity being following week ; exceeded, that award shall be limited to such quantity (c) the obligation to export the tendered quantity and, as is still available . Where two or more tenderers quote if this obligation is not fulfilled, to pay, where the same levy or the same refund and awards to all of necessary, the amount referred to in Article 13 (4). them would result in the maximum quantity being exceeded, then the quantity available shall be awarded as follows : This right and these obligations are not transferable.

— by being divided among the tenderers concerned in proportion to the total quantities in each of Article 13 their tenders, or

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

No L 221 / 14 18 . 8 . 84 Official Journal of the European Communities

2. Export licences issued in connection with a uniquement pour les départements français partial invitation to tender shall be valid from the day d'outre-mer', of issue until the end of the fifth calendar month Nel caso di zucchero greggio ottenuto da canne following that in which the partial invitation was raccolte nella Comunità, titolo valido soltanto nei issued . dipartimenti francesi d'oltremare',

In geval van ruwe suiker, vervaardigd uit in de However : Gemeenschap geoogst suikerriet, certificaat alleen geldig voor de Franse overzeese departementen'.

(a) licences issued in connection with partial invita­ tions : 4. Except in cases of force majeure, if the obligation to export created by an export licence applied for — issued in the period 22 August to 1 2 September within the period referred to under Article 12 (b) has 1984 may be used only from 15 September not been fulfilled and if the security referred to in 1984, Article 6 is less than :

— issued in the period 13 September to 10 (a) the export levy indicated on the licence reduced by October 1984 may be used from the day of the levy referred to in the second subparagraph of issue, Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in and shall be valid only until 30 November 1984 ; force on the last day of validity of the said licence ;

or (b) licences issued in connection with partial invita­ (b) the sum of the export levy indicated on the licence tions issued in the period 17 October to 28 and the export refund referred to in Article 2 of November 1984 may be used only from 1 Regulation (EEC) No 766/68 in force on the last December 1984 and shall be valid until 30 April" day of validity of the said licence ; or 1985 ; (c) the export refund referred to in Article 2 of Regu­ (c) licences issued in connection with partial invita­ lation (EEC) No 766/68 in force on the last day of tions issued from 1 February 1985 shall be valid validity of the licence, reduced by the refund indi­ only until 30 June 1985. The competent authority cated on the said licence ; of the Member State which issued the said licences may, if the licence holder submits a written, then, under the time limits and conditions laid down substantiated request to that effect, extend their in Article 33 of Regulation (EEC) No 3183/80 and by period of validity until 15 July 1985 at the latest. Where an export licence's period of validity is way of a supplementary security for the quantity in respect of which the said obligation was not fulfilled, extended in accordance with this subparagraph the goods shall be regarded as having been exported the licence holder shall be charged an amount equal to the difference between the result of the calculation on 30 June 1985. made under (a), (b) or (c), as the case may be, and the security referred to in Article 6. 3 . Section 18 (a) of the export licences issued in respect of a partial invitation to tender shall contain one of the following endorsements : Article 14

' In the case of raw sugar obtained from cane harvested If the tenderer intends to apply for advance fixing of in the Community, licence valid only for the French the monetary compensatory amount under this overseas departments', standing invitation to tender, the provisions of the 'Licens udelukkende gyldig for de franske oversøiske second subparagraph of Article 3 ( 1 ) of Regulation (EEC) No 1160/82 shall not apply. departementer, når det drejer sig om råsukker frem­ stillet af sukkerrør høstet i Fællesskabet', When use is made of the provisions of the first sub­ ' Im Fall von Rohzucker, der aus in der Gemeinschaft paragraph of Article 3 (1 ) of that Regulation, those of geerntetem Zuckerrohr gewonnen wurde, ist die the third subparagraph of paragraph 1 and of para­ Lizenz nur gültig für die französischen überseeischen graph 2 of that Article shall remain applicable to this Departements', tendering procedure . "Οταν πρόκειται για ακατέργαστη ζάχαρη που λαμβά­ νεται από ζαχαροκάλαμα που έχουν συγκομιστεί στην Κοινότητα, πιστοποιητικό που ισχύει αποκλειστικά για Article 15 τα υπερπόντια γαλλικά διαμερίσματα',

En cas de sucre brut obtenu à partir de cannes récol­ This Regulation shall enter into force on 18 August tées dans la Communauté, certificat valable 1984.

18 . 8 . 84 No L 221 / 15 Official Journal of the European Communities

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