31984R2384

No L 221 / 16 18 . 8 . 84 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2384/84

of 14 August 1984

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 1467/77 Q, should not apply ; whereas, for the same COMMUNITIES, reasons, appropriate provisions should be laid down with regard to export licences issued in connection with the standing invitation to tender and there should be a derogation from Commission Regulation (EEC) Having regard to the Treaty establishing the European No 2630/81 of 10 September 1981 on special detailed Economic Community, rules for the application of the system of import and 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 Council Regulation (EEC) No down common detailed rules for the application of the 1785/81 of 30 June 1981 on the common organization system of import and export licences and advance of the markets in the sugar sector ('), as last amended fixing certificates for agricultural products (10), as last by Regulation (EEC) No 606/82 (2), and in particular amended by Regulation (EEC) No 2666/82 ("), and Articles 13 (2), 18 (5), 19 (4) and (7) and the second from Commission Regulation (EEC) No 645/75 of 13 paragraph of Article 39 thereof, March 1975 laying down common detailed rules for the application of the export levies and charges on agricultural products (12), as last amended by Regula­ tion (EEC) No 1607/80 H ; 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 1982 providing for the advance fixing of monetary Whereas, in view of the situation on the Community compensatory amounts (H) provides that, where the levy or refund is fixed in advance by means of tenders, and world sugar markets, a supplementary standing invitation to tender should be issued for export of applications to fix the monetary compensatory amount in advance shall be accepted only if the party white sugar which, having regard to possible fluctua­ concerned has declared in writing at the time of tions in world prices for sugar, must provide for the determination of export levies and/or export refunds ; submission of the tender that he will also apply to fix the monetary compensatory amount in advance if the tender is accepted in whole or in part ; whereas, in such cases, the obligation to lodge an application to fix Whereas the general rules governing invitations to the levy or refund in advance following acceptance of tender for the purpose of determining export refunds the tender involves an obligation to request at the for sugar were laid down in Council Regulation (EEC) same time advance fixing of the monetary compensa­ No 766/68 of 18 June 1968 laying down general rules tory amount ; whereas, for reasons peculiar to the for granting export refunds on sugar (4), as last market in sugar, when an operator intends to make use amended by Regulation (EEC) No 1489/76 (^ ; of the facility of fixing a monetary compensatory amount in advance in connection with an export levy 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 should be laid made ; whereas it is only after he has been declared down in this Regulation, and those provided for in successful in respect of a levy or refund for the quan­ Commission Regulation (EEC) No 394/70 of 2 March tity of sugar indicated in his tender that the said 1970 on detailed rules for granting export refunds on sugar (6), as last amended by Regulation (EEC) No O OJ No L 162, 1 . 7. 1977, p. 6 . (8) OJ No L 258 11 . 9 . 1981 , p. 16. (') OJ No L 177, 1 . 7. 1981 , p. 4. 0 OJ No L 329, 25 . 11 . 1982, p. 20 . (2) OJ No L 74, 18 . 3 . 1982, p. 1 . H OJ No L 338 , 13 . 12. 1980, p. 1 . 0 OJ No L 75, 28 . 3 . 1972, p. 5. (") OJ No L 283 , 6 . 10 . 1982, p . 7 . H OJ No L 143, 25. 6. 1968, p. 6. H OJ No L 67, 14 . 3 . 1975, p. 16 . 0 OJ No L 167, 26. 6. 1976, p. 13. (") OJ No L 160, 26 . 6 . 1980, p. 42. (<•) OJ No L 50, 4. 3. 1970, p. 1 . (u) OJ No L 134, 15 . 5. 1982, p . 22.

18 . 8 . 84 Official Journal of the European Communities No L 221 / 17

monetary compensatory amount can be fixed in (b) shall end at 10.30 a.m. on the Wednesday of the advance ; whereas, in consequence, a derogation following week. should be made from the said provision in the case of this tendering procedure, so that application for 3 . Notwithstanding paragraph 2 (b), the period for advance fixing of the monetary compensatory amount the submission of tenders which was to end on : at the time when the application for the export licence is made should be optional ; — Wednesday 8 May 1985 shall end on Tuesday 7 May 1985 at 10.30 a.m ., Whereas the measures provided for in this Regulation — Wednesday 5 June 1985 shall end on Tuesday 4 are in accordance with the opinion of the Management June 1985 at 10.30 a.m. Committee for Sugar,

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

Article 1 Article 5 1 . There shall be issued a supplementary standing invitation to tender in order to determine export levies 1 . Offers'in connection with this tender must be in and/or export refunds on white sugar, and during the writing, and must be either delivered by hand, against period of validity of this standing invitation there shall a receipt, to the competent authority in a Member be issued partial invitations to tender. State, or addressed to that authority by registered letter, 2. The standing invitation to tender shall remain telex or telegram . open until a date to be determined subsequently.

2 . An offer must indicate : Article 2 (a) the reference number of the invitation to tender to The standing invitation to tender and the partial invi­ which the offer relates ; tations shall be conducted in accordance with Regula­ (b) the name and address of the tenderer ; tion (EEC) No 766/68 and with the following provi­ sions. Regulation (EEC) No 394/70 shall not apply. (c) the quantity of white sugar to be exported ;

(d) the amount of the export levy or, where applicable, Article 3 of the export refund per 100 kilograms of white sugar, expressed in the currency of the Member 1 . Member States shall draw up a notice of invita­ State in which the tender is submitted ; tion to tender which shall be published in the Official Journal of the European Communities. Member States (e) the minimum amount of the security to be lodged may also publish the notice, or have it published, else­ covering the quantity of sugar indicated in (c), where . expressed in the currency of the Member State in which the tender is submitted . 2. The notice shall indicate in particular the terms of the invitation to tender . 3. An offer shall be valid only if : 3. The notice shall be published only for the (a) the quantity to be exported is not less than 250 purpose of opening the standing invitation to tender. tonnes of white sugar ; It may be amended during the period of validity of the standing invitation to tender. It shall be so amended if (b) proof is furnished before expiry of the time limit the terms of the invitation to tender are modified . for the submission of tenders that the tenderer has lodged the security indicated in the tender ; Article 4 (c) it includes a declaration by the tenderer that if his tender is successful he will, within the period laid 1 . The period during which tenders may be down in Article 12 (b), apply for an export licence submitted in response to the first partial invitation to or licences in respect of the quantities of white tender : sugar to be exported ; (a) shall begin on 26 April 1985 ; (d) it includes a declaration by the tenderer that if his (b) shall end on 2 May 1985 at 10.30 a.m. tender is successful he will :

2. The periods during which tenders may be — where the obligation to export created by the submitted in response to the second and subsequent export licence referred to in Article 12 (b) is partial invitations : not fulfilled, supplement the security by (a) shall begin on the first working day following the payment of the amount referred to in Article end of the preceding period ; 13 (4), and

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

— within 30 days following the expiry of the 4. In case of force majeure, the competent authority export licence in question, notify the agency of the Member State concerned shall take such action which issued the licence of the quantity or as it considers necessary having regard to the circum­ quantities in respect of which the licence was stances invoked by the party concerned. 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 thereto . (a) the minimum export levy or, where applicable the maximum export refund, is fixed on the day of the 2. Tenders shall be communicated to the Commis­ expiry of the period for the submission of the sion forthwith and in such a manner that the tenderers tenders in question ; 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 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.

Article9¶

1 . In the light of the intervention price for white 1 . A security of 9 ECU per 100 kilograms of sugar sugar for the 1984/85 marketing year and, in parti­ to be exported under this invitation to tender must be cular, the current state and foreseeable development of lodged by each tenderer. Without prejudice to Article the Community and world sugar markets, there shall 13 (4), this security shall in the case of successful be fixed either : 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 licence . — a maximum export refund.

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 3 . Except in the case of force majeure, the security tenderer whose tender quotes a rate of refund equal to 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. awarded to the tenderer whose tender quotes the highest levy ; if the maximum quantity is not fully Any unreleased security and the supplementary secu­ covered by that award, awards shall be made to rity referred to in Article 13 (4) shall be forfeited in other tenderers in descending order of levies respect of a quantity for which the above obligations quoted until the entire maximum quantity has have not been fulfilled . been accounted for,

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— 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, not later than : after such awards a quantity is still outstanding, or if there are no tenders quoting an export levy, — the last working day preceding the date of the contracts shall be awarded in ascending order of partial invitation to tender to be held the refunds quoted until the entire maximum quantity following week, or has been accounted for, to tenderers quoting a 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 to be exported in accordance with this Regulation . — by being apportioned among the tenderers concerned by reference to a maximum tonnage to be fixed for each of them , or 2. Export licences issued in connection with a partial invitation to tender shall be valid from the day — by the drawing of lots. of issue until 30 September 1985.

3 . Export licences issued in connection with a Article 11 partial invitation to tender held between 2 May and 26 June 1985 shall be used only with effect from 1 July 1 . The competent authority of the Member State 1985 . 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 an export licence applied for tenderers a statement of award . within the period referred to under Article 12 (b) has not been fulfilled and if the security referred to in 2. The statement of award shall indicate : Article 6 is less than :

(a) the reference number of the invitation to which (a) the export levy indicated on the licence reduced by the tender relates ; the levy referred to in the second subparagraph of (b) the quantity of white sugar to be exported ; Article 18 (1 ) of Regulation (EEC) No 1785/81 in force on the last day of validity of the said licence ; (c) the export levy to be charged, or where applicable or the export refund to be granted, per 1 00 kilograms of white sugar of the quantity referred to in (b). (b) the sum of the export levy indicated on the licence and the export refund referred to in Article 2 of Regulation (EEC) No 766/68 in force on the last Article 12 day of validity of the said licence ; or

(c) the export refund referred to in Article 2 of Regu­ Every successful tenderer shall have : lation (EEC) No 766/68 in force on the last day of validity of the licence reduced by the refund indi­ (a) the right to claim in respect of the quantity cated on the said licence ; awarded, an export licence indicating as appro­ priate the export levy or the export refund quoted then, under the time limits and conditions laid down in his tender ; in Article 33 of Regulation (EEC) No 3183/80 and by (b) the obligation to lodge, in accordance with the way of a supplementary security for the quantity in relevant provisions of Regulation (EEC) No respect of which the said obligation was not fulfilled, 3183/80 , an application for an export licence in the licence holder shall be charged an amount equal respect of that quantity, Article 12 (2) of that Regu­ to the difference between the result of the calculation lation and Article 10 of Regulation (EEC) No made under (a), (b) or (c), as the case may be, and the 645/75 not applying in such a case. The applica­ security referred to in Article 6 .

No L 221 /20 Official Journal of the European Communities 18 . 8 . 84

Article 14 price of white sugar applicable with effect from 1 July 1985 and the intervention price of that sugar If the tenderer intends to apply for advance fixing of applicable on 30 June 1985. the monetary compensatory amount under this In calculating the difference referred to in the above standing invitation to tender, the provisions of the subparagraph there shall be added to these interven­ second subparagraph of Article 3 ( 1 ) of Regulation tion prices the relevant storage levy as referred to (EEC) No 1160/82 shall not apply. under (a) of the third subparagraph of Article 8 (2) of When use is made of the provisions of the first Regulation (EEC) No 1785/81 . subparagraph of Article 3 ( 1 ) of that Regulation, those 3 . The request referred to in paragraph 1 must be of 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 1 . In so far as the conditions set out in Article 12 of in section 1 8 (a) of the export licence and shall place its stamp thereon . Regulation (EEC) No 766/68 are satisfied, any export refunds and export levies fixed in advance in connec­ The Member States shall inform the Commission tion with this invitation to tender before 1 July 1985 without delay of the quantities of sugar covered by the for sugar exported on or after that date shall, at the requests 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 18 August paragraph 1 , the export refund shall be increased, and 1984 . the export levy decreased, by the difference, expressed in ECU per 100 kilograms, between the intervention It shall apply from 26 April 1985.

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