31984R2385

18 . 8 . 84 Official Journal of the European Communities No L 221 /21

COMMISSION REGULATION (EEC) No 2385/84

of 14 August 1984

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 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 (l0), 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 March 1975 laying down common detailed rules for Articles 13 (2), 18 (5), 19 (4) and (7) and the second 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 (' V, 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, in view of the situation on the Community and world sugar markets, a supplementary standing Whereas the second subparagraph of Article 3 ( 1 ) of invitation to tender should be issued for export of raw Commission Regulation (EEC) No 1160/82 of 14 May sugar obtained from beet or cane harvested in the 1982 providing for the advance fixing of monetary Community ; whereas, in view of possible fluctuations compensatory amounts (H) provides that, where the in world prices for sugar, the invitation to tender must levy or refund is fixed in advance by means of tenders, provide for the determination of export levies and/or applications to fix the monetary compensatory amount export refunds ; in advance shall be accepted only if the party concerned has declared in writing at the time of submission of the tender that he will also apply to fix Whereas the general rules governing invitations to the monetary compensatory amount in advance if the tender for the purpose of determining export refunds tender is accepted in whole or in part ; whereas, in for sugar were laid down in Council Regulation (EEC) such cases, the obligation to lodge an application to fix No 766/68 of 18 June 1968 laying down general rules the levy or refund in advance following acceptance of for granting export refunds on sugar (4), as last the tender involves an obligation to request at the amended by Regulation (EEC) No 1489/76 (^ ; same time advance fixing of the monetary compensa­ tory amount ; whereas, for reasons peculiar to the Whereas, in view of the specific nature of the trans­ market in sugar, when an operator intends to make use actions involved, special detailed rules should be laid of the facility of fixing a monetary compensatory down in this Regulation, and those provided for in amount in advance in connection with an export levy Commission Regulation (EEC) No 394/70 of 2 March or refund fixed in advance under a tendering pro­ 1970 on detailed rules for granting export refunds on cedure he only makes up his mind to do so at the sugar (6), as last amended by Regulation (EEC) No moment when the application for the export licence is 1467/77 f), should not apply ; whereas, for the same made ; whereas it is only after he has been declared reasons, appropriate provisions should be laid down successful in respect of a levy or refund for the quan­ with regard to export licences issued in connection tity of sugar indicated in his tender that the said with the standing invitation to tender and there should monetary compensatory amount can be fixed in

') OJ No L 177, 1 . 7. 1981 , p. 4. (") 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 . 3 982, 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. 1 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 . (") OJ No L 160, 26. 6 . 1980, p. 42 . 0 OJ No L 162, 1 . 7 . 1977, p. 6 . C 4 OJ No L 134, 15 . 5 . 1982, p. 22.

No L 221 /22 Official Journal of the European Communities 18 . 8 . 84

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

4. The time limits laid down in this Regulation are Article 1 expressed in Belgian time.

1 . There shall be issued a supplementary standing Article 5 invitation to tender in order to determine export levies and/or export refunds on raw sugar obtained from beet 1 . Offers in connection with this tender must be in or cane harvested in the Community, 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. A tender must indicate :

Article 2 (a) the reference number of the invitation to tender to which the offer relates ; The standing invitation to tender and the partial (b) the name and address of the tenderer ; invitations shall be conducted in accordance with (c) the quantity tel quel of raw sugar to be exported ; Regulation (EEC) No 766/68 and with the following (d) the amount of the export levy or, where applicable, provisions. Regulation (EEC) No 394/70 shall not of the export refund per 100 kilograms of standard apply. quality sugar, expressed in the currency of the Member State in which the tender is submitted ; Article 3 (e) the minimum amount of the security to be lodged covering the quantity of sugar indicated in (c), 1 . Member States shall draw up a notice of invita­ expressed in the currency of the Member State in tion to tender which shall be published in the Official which the tender is submitted . Journal of the European Communities. Member States may also publish the notice, or have it published, else­ 3. An offer shall be valid only if : where . (a) the quantity to be exported is not less than 250 2. The notice shall indicate in particular the terms tonnes of raw sugar ; of the invitation to tender. (b) proof is furnished before expiry of the time limit for the submission of tenders that the tenderer has 3 . The notice shall be published only for the purpose of opening the standing invitation to tender. lodged the security indicated in the tender ; It may be amended during the period of validity of the (c) it includes a declaration by the tenderer that if his standing invitation to tender. It shall be so amended if offer is successful he will, within the period laid the terms of the invitation to tender are modified . down in Article 12 (b), apply for an export licence or licences in respect of the quantities of raw sugar Article 4 to be exported ; (d) it includes a declaration by the tenderer certifying 1 . The period during which tenders may be that : submitted in response to the first partial invitation to — the product intended for export consists of raw tender : sugar obtained either from beet or from cane (a) shall begin on 26 April 1985 ; harvested in the Community, and (b) shall end on 2 May 1985 at 10.30 a.m. — the customs export formalities will be 2. The periods during which tenders may be completed in the French overseas departments submitted in response to the second and subsequent in the case of sugar obtained from cane partial invitations : harvested in the Community ;

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(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 (5) 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 (5), and as it considers necessary having regard to the circum­ — within 30 days following the expiry of the stances 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 thereto . having been submitted only if :

(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 maximum quantity may be fixed for that partial invita­ contains terms other than those indicated in the notice 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.

Article6¶

1 . A security of 9 ECU per 100 kilograms of sugar 1 . In the light of the intervention price for raw 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 (5), this security shall in the case of successful the Community and world sugar markets, there shall be fixed either : tenderers and at the time of the application referred to in Article 12 (b) become the security for the export — a minimum export levy, or licence . — 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 i;ate of levy equal to or submitted . greater than such minimum levy.

3. Except in the case of force majeure, the security 3. Subject to Article 10, where a maximum export will be released : refund is fixed, a contract shall be awarded to every tenderer whose tender quotes a rate of refund equal to (a) to tenderers only in respect of the quantity for or less than such maximum refund and to every which no award was made ; tenderer who has tendered for an export levy. (b) to successful tenderers only if they applied for their export licence within the period laid down in Article 10 Article 12 (b) and only for the quantity in respect of which they have fulfilled the obligation created by that licence, Article 33 of Regulation (EEC) No 1 . Where a maximum quantity has been fixed for a 3183 /80 remaining applicable. partial invitation to tender :

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— if a minimum levy is fixed, a contract shall be pnate the export levy or the export refund quoted awarded to the tenderer whose tender quotes the in his tender ; highest levy ; if the maximum quantity is not fully (b) the obligation to lodge, in accordance with the covered by that award, awards shall be made to relevant provisions of Regulation (EEC) No other tenderers in descending order of levies 3183/80, an application for an export licence in quoted until the entire maximum quantity has respect of that quantity, Article 12 (2) of that Regu­ been accounted for, lation and Article 10 of Regulation (EEC) No — if maximum refund is fixed, contracts shall be 645/75 not applying in such a case. The applica­ awarded in accordance with the first indent ; if tion shall be lodged, in accordance with the rele­ after such awards a quantity is still outstanding, or vant provisions of Regulation (EEC) No 3183/80, 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 scheduled to be held has been accounted for, to tenderers quoting a the following week, or refund . — if no partial invitation to tender is scheduled for 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 (5). 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 (EEC) No 2630/81 shall not apply to the raw sugar to their tenders, or 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 30 September 1985. — by the drawing of lots.

3. Export licences issued in connection with a partial invitation to tender under this standing invita­ Article 11 tion to tender held between 2 May and 26 June 1985 shall be used only with effect from 1 July 1985. 1 . The competent authority of the Member State concerned shall immediately notify applicants of the 4. Section 18 (a) of the export licences issued in result of their participation in the invitation to tender. respect of a partial invitation to tender shall contain In addition, that authority shall send successful ten­ one of the following endorsements : derers a statement of award. 'In the case of raw sugar obtained from cane harvested in the Community, licence valid only for the French 2 . The statement of award shall indicate : overseas departments', (a) the reference number of the invitation to which Licens udelukkende gyldig for de franske oversøiske the tender relates ; departementer, når det drejer sig om råsukker frem­ stillet af sukkerrør høstet i Fællesskabet', (b) the quantity tel quel of raw sugar to be exported ; Im Fall von Rohzucker, der aus in der Gemeinschaft (c) the export levy to be charged, or where applicable geerntetem Zuckerrohr gewonnen wurde, ist die the export refund to be granted, per 100 kilograms Lizenz nur gültig für die französischen überseeischen of raw sugar of standard quality of the quantity Departements', referred to in (b). Όταν πρόκειται για ακατέργαστη ζάχαρη που λαμβά­ νεται από ζαχαροκάλαμα που έχουν συγκομιστεί στην Article 12 Κοινότητα, πιστοποιητικό που ισχύει αποκλειστικά για τα υπερπόντια γαλλικά διαμερίσματα', Every successful tenderer shall have : En cas de sucre brut obtenu à partir de cannes récol­ tées dans la Communauté, certificat valable (a) the right to claim in respect of the quantity uniquement pour les départements français awarded, an export licence indicating as appro­ d'outre-mer',

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Article 15 'Nel caso di zucchero greggio ottenuto da canne raccolte nella Comunità, titolo valido soltanto nei 1 . In so far as the conditions set out in Article 1 2 of dipartimenti francesi d'oltremare', Regulation (EEC) No 766/68 are satisfied, any export 'In geval van ruwe suiker, vervaardigd uit in de refunds and export levies fixed in advance in connec­ Gemeenschap geoogst suikerriet, certificaat alleen tion with this invitation to tender before 1 July 1985 geldig voor de Franse overzeese departementen'. for sugar exported on or after that date shall, at the request of the party concerned, be adjusted in accor­ 5. Except in cases of force majeure, if the obligation to export created by an export licence applied for dance with paragraph 2. within the period referred to under Article 1 2 (b) has 2. For purposes of the adjustment referred to in not been fulfilled and if the security referred to in paragraph 1 , the export refund shall be increased, and Article 6 is less than : the export levy decreased, by the difference, expressed (a) the export levy indicated on the licence reduced by in ECU per 100 kilograms, between the intervention the levy referred to in the second subparagraph of price of raw sugar applicable with effect from 1 July Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in 1985 and the intervention price of that sugar appli­ force on the last day of validity of the said licence ; cable on 30 June 1985. or In calculating the difference referred to in the above (b) the sum of the export levy indicated on the licence subparagraph there shall be added to these interven­ and the export refund referred to in Article 2 of tion prices the relevant storage levy as referred to Regulation (EEC) No 766/68 in force on the last under (a) of the third subparagraph of Article 8 (2) ojf day of validity of the said licence ; or Regulation (EEC) No 1785/ 81 . (c) the export refund referred to in Article 2 of Regu­ 3. For the purposes of the adjustment referred to in lation (EEC) No 766/68 in force on the last day of paragraph 1 , where the yield of the raw sugar differs validity of the licence, reduced by the refund indi­ from that of the standard quality as defined in Council cated on the said licence ; Regulation (EEC) No 431 /68 ('), the amount of the then, under the time limits and conditions laid down adjustment shall be adapted in accordance with Article in Article 33 of Regulation (EEC) No 3183/80 and by 2 of Regulation (EEC) No 837/68 (2). way of a supplementary security for the quantity in 4. The request referred to in paragraph 1 must be respect of which the said obligation was not fulfilled, submitted by the export-licence holders concerned, the licence holder shall be charged an amount equal to the difference between the result of the calculation before completion of the customs export formalities relating to the quantities concerned, to the Member made under (a), (b) or (c), as the case may be, and the State which issued the licence. security referred to in Article 6. That Member State shall insert the relevant adjustment Article 14 in section 18 (a) of the export licence and shall place If the tenderer intends to apply for advance fixing of its stamp thereon . the monetary compensatory amount under this stan­ The Member States shall inform the Commission ding invitation to tender, the provisions of the second without delay of the quantities of sugar covered by the subparagraph of Article 3 ( 1 ) of Regulation (EEC) No requests referred to in paragraph 1 . 1160 /82 shall not apply .

When use is made of the provisions of the first sub­ Article 16 paragraph of Article 3 ( 1 ) of that Regulation, those of This Regulation shall enter into force on 18 August the third subparagraph of paragraph 1 and of para­ 1984. graph 2 of that Article shall remain applicable to this tendering procedure . 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

(') OJ No L 89 , 10 . 4. 1968 , p. 3 . (2) OJ No L 151 , 30 . 6 . 1968 , p . 42.