31985R2236

6 . 8 . 85 No L 209/ 19 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2236/85

of 29 July 1985

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 reasons, appropriate provisions should be laid down COMMUNITIES, with regard to export licences issued in connection with the standing invitation to tender and there should be a derogation from Commission Regulation (EEC) No 2630/81 of 10 September 1981 on special detailed Having regard to the Treaty establishing the European rules for the application of the system of import and Economic Community, export licences for sugar (8), as last amended by Regu­ lation (EEC) No 3130/82 f), 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 1482/85 (2), and in particular amended by Regulation (EEC) No 1994/84 (n), 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 Having regard to Council Regulation (EEC) No 608/72 tion (EEC) No 1 607/80 (13) ; 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 Whereas, in view of the situation on the Community Commission Regulation (EEC) No 1160/82 of 14 May and world sugar markets, a principal standing invita­ 1982 providing for the advance fixing of monetary tion to tender should be issued for export of white compensatory amounts (14), as amended by Regulation sugar which, having regard to possible fluctuations in (EEC) No 469/85 (15), provides that, where the levy or world prices for sugar, must provide for the determina­ refund is fixed in advance by means of tenders, appli­ tion of export levies and/or export refunds ; cations to fix the monetary compensatory amount 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 the monetary Whereas the general rules governing invitations to compensatory amount in advance if the tender is tender for the purpose of determining export refunds accepted in whole or in part ; whereas, in such cases, for sugar were laid down in Council Regulation (EEC) the obligation to lodge an application to fix the levy or No 766/68 of 18 June 1968 laying down general rules refund in advance following acceptance of the tender for granting export refunds on sugar (4), as last involves an obligation to request at the same time amended by Regulation (EEC) No 1489/76 (5); advance fixing of the monetary compensatory amount ; whereas, for reasons peculiar to the market in sugar, when an operator intends to make use of the Whereas, in view of the specific nature of the transac­ facility of fixing a monetary compensatory amount in tions involved, special detailed rules should be laid advance in connection with an export levy or refund down in this Regulation, and those provided for in fixed in advance under a tendering procedure he only Commission Regulation (EEC) No 394/70 of 2 March makes up his mind to do so at the moment when the 1970 on detailed rules for granting export refunds on application for the export licence is made ; whereas it sugar (*), as last amended by Regulation (EEC) No is only after he has been declared successful in respect 1467/77 Q, should not apply ; whereas, for the same

(8) OJ No L 258 , 11 . 9 . 1981 , p. 16. (') OJ No L 177, 1 . 7. 1981 , p. 4. O OJ No L 329, 25. 11 . 1982, p. 20 . h) OJ No L 151 , 10. 6. 1985, p. 1 . H OJ No L 338, 13. 12. 1980, p. 1 . (3) OJ No L 75, 28 . 3 . 1972, p. 5. (") OJ No L 186, 13 . 7. 1984, p. 17. (<) OJ No L 143, 25. 6. 1968 , p. 6. (,2) OJ No L 67, 14. 3 . 1975, p. 16. 0 OJ No L 167, 26. 6. 1976, p. 13, ( ,3) OJ No L 160, 26. 6. 1980, p. 42. (4 OJ No L 50, 4. 3. 1970, p. 1 . H OJ No L 134, 15. 5 . 1982, p. 22. 0 OJ No L 162, 1 . 7. 1977, p. 6. H OJ No L 58 , 26. 2. 1985, p. 5.

No L 209/20 Official Journal of the European Communities 6. 8. 85

Article 2 of a levy or refund for the quantity of sugar indicated in his tender that the said monetary compensatory The standing invitation to tender and the partial invi­ amount can be fixed in advance ; whereas, in conse­ tations shall be conducted in accordance with Regula­ quence, a derogation should be made from the said tion (EEC) No 766/68 and with the following provi­ provision in the case of this tendering procedure, so sions. Regulation (EEC) No 394/70 shall not apply.' that application for advance fixing of the monetary compensatory amount at the time when the applica­ Article 3 tion for the export licence is made should be optional ;

1 . Member States shall draw up a notice of invita­ Whereas the fact that export licences issued in respect tion to tender which shall be published in the Official of partial invitations to tender held from 1 February 1986 are valid only until 30 June 1986 could, in Journal of the European Communities. Member States may also publish the notice, or have it published, else­ certain borderline cases, make it impossible actually to where . export the goods before the new marketing year begins ; whereas it is therefore appropriate to authorize 2. The notice shall indicate in particular the terms the Member State in question to provide, as a conces­ of the invitation to tender. sionary measure, that the parties concerned have, if they submit a request to that effect, until 15 July 1986 3. The notice shall be published only for the to export the goods, on the understanding that the said purpose of opening the standing invitation to tender. goods are to be regarded as having been exported on It may be amended during the period of validity of the 30 June 1986 with the result that, where monetary standing invitation to tender. It shall be so amended if the terms of the invitation to tender are modified. compensatory amounts are not fixed in advance, the agrimonetary factors such as the monetary compensa­ tory amount, the representative rate and the monetary Article 4 coefficient to be applied to the export refund will be 1 . The period during which tenders may be those valid on 30 June 1986 and that, where monetary submitted in response to the first partial invitation to compensatory amounts are fixed in advance up to 30 tender : June 1986 the latter may not be adjusted to take account of any new representative rate introduced on (a) shall begin on 8 August 1985 ; or after 1 July 1986 ; (b) shall end on 14 August 1985 at 10.30 a.m. Whereas the refunds granted for exporting this sugar 2. The periods during which tenders may be are, on the one hand, fixed within the framework of submitted in response to the second and subsequent the present invitation to tender in the light of the partial invitations : 1985/86 marketing year intervention price for white sugar and, on the other hand, they cannot be adjusted (a) shall begin on the first working day following the end of the preceding period ; according to an eventual difference between common prices at the time of the transition to the 1986/87 (b) shall end at 10.30 a.m. on the Wednesday of the marketing year ; whereas in these conditions it is following week. appropriate to provide that the storage levy fixed for 3. Notwithstanding paragraph 2 (b), the period for the 1985/86 marketing year by Commission Regula­ the submission of tenders which was to end on : tion (EEC) No 1653/85 (') shall be applied to the sugar in question, marketed during the period 1 July to 15 — Wednesday, 20 November 1985 shall end on July 1986 ; Tuesday, 19 November 1985 at 10.30 a.m., — Wednesday, 1 January 1986 shall end on Friday, 3 Whereas the measures provided for in this Regulation January 1986 at 10.30 a.m., are in accordance with the opinion of the Management — Wednesday, 30 April 1986 shall end on Tuesday, Committee for Sugar, 29 April 1986 at 10.30 a.m .

HAS ADOPTED THIS REGULATION : 4. Notwithstanding paragraph 2, no partial invita­ tion to tender will be issued on Wednesday 25 Article 1 December 1985.

1 . There shall be issued a principal standing invita­ 5. The time limits laid down in this Regulation are tion to tender in order to determine export levies expressed in Belgian time. and/or export refunds on white sugar, and during the period of validity of this standing invitation there shall Article 5 be issued partial invitations to tender. 1 . Offers in connection with this tender must be in 2. The standing invitation to tender shall remain writing, and must be either delivered by hand, against open until 11 June 1986. a receipt, to the competent authority in a Member State, or addressed to that authority by registered letter, (') OJ No L 159 , 19 . 6. 1985, p. 36. telex or telegram.

6 . 8 . 85 No L 209/21 Official Journal of the European Communities

2. An offer must indicate : 6. Once submitted, a tender may not be withdrawn.

(a) the reference number of the invitation to tender to which the offer relates ; Article 6

(b) the name and address of the tenderer ; 1 . A security of 9 ECU per 100 kilograms of sugar (c) the quantity of white sugar to be exported ; to be exported under this invitation to tender must be lodged by each tenderer. Without prejudice to Article (d) the amount of the export levy or, where applicable, 13 (3), this security shall in the case of successful of the export refund per 100 kilograms of white tenderers and at the time of the application referred to sugar, expressed in the currency of the Member State in which the tender is submitted ; in Article 12 (b) become the security for the export licence . (e) the minimum amount of the security to be lodged covering the quantity of sugar indicated in (c), 2. The security may be lodged at the tenderer's expressed in the currency of the Member State in choice, either in cash or in the form of a guarantee which the tender is submitted. given by an establishment complying with criteria laid down by the Member State in which the tender is submitted . 3. An offer shall be valid only if :

(a) the quantity to be exported is not less than 250 3 . Except in the case of force majeure, the security will be released : tonnes of white sugar ;

(a) to tenderers only in respect of the quantity for (b) proof is furnished before expiry of the time limit for the submission of tenders that the tenderer has which no award was made ;

lodged the security indicated in the tender ; (b) to successful tenderers only if they applied for their export licence within the period laid down in (c) it includes a declaration by the tenderer that if his Article 12 (b) and only for the quantity in respect tender is successful he will, within the period laid of which they have fulfilled the obligation created down in Article 12 (b), apply for an export licence by that licence, Article 33 of Regulation (EEC) No or licences in respect of the quantities of white 3183/80 remaining applicable. sugar to be exported ;

(d) 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 (3) 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 (3), and as it considers necessary having regard to the circum­ stances invoked by the party concerned. — within 30 days following the expiry of the export licence in question, notify the agency which issued the licence of the quantity or Article 7 quantities in respect of which the licence was not used ; 1 . Tenders shall be examined in private by the (e) it contains all the information required under para­ competent authority concerned. Subject to paragraph graph 2. 2, persons present at the examination shall be under an obligation not to disclose any particulars relating thereto . 4. A tender may stipulate that it is to be regarded as having been submitted only if : 2. Tenders shall be communicated to the Commis­ sion forthwith and in such a manner that the tenderers (a) the minimum export levy or, where applicable, the maximum export refund is fixed on the day of the remain anonymous. expiry of the period for the submission of the tenders in question ; Article 8 (b) the tender, if successful, relates to all or a specified part of the tendered quantity. 1 . After the tenders received have been examined, a

maximum quantity may be fixed for that partial invita­ 5.. A tender which is not submitted in accordance tion . with the provisions of this Regulation, or which contains terms other than those indicated in the notice 2. A decision may be taken to make no award of invitation to tender, shall not be considered . under a specific partial invitation to tender.

No L 209/22 Official Journal of the European Communities 6 . 8 . 85

Article 9 — by being apportioned among the tenderers concerned by reference to a maximum tonnage to be fixed for each of them, or 1 . In the light of the intervention price for white sugar for the 1985/86 marketing year and, in parti­ — by the drawing of lots. cular, the current state and foreseeable development of 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 2. Subject to Article 10, where a minimum export result of their participation in the invitation to tender. levy is fixed, a contract shall be awarded to every In addition, that authority shall send successful tenderers 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 : 3. Subject to Article 10, where a maximum export refund is fixed, a contract shall be awarded to every (a) the reference number of the invitation to which tenderer whose tender quotes a rate of refund equal to the tender relates ; or less than such maximum refund and to every (b) the quantity of white sugar to be exported ; tenderer who has tendered for an export levy. (c) the export levy to be charged, or where applicable the export refund to be granted, per 1 00 kilograms of white sugar of the quantity referred to in (b). Article 10

1 . Where a maximum quantity has been fixed for a Article 12 partial invitation to tender :

— if a minimum levy is fixed, a contract shall be Every successful tenderer shall have : awarded to the tenderer whose tender quotes the highest levy ; if the maximum quantity is not fully (a) the right to claim in respect of the quantity covered by that award, awards shall be made to awarded, an export licence indicating, as appro­ other tenderers in descending order of levies priate, the export levy or the export refund quoted quoted until the entire maximum quantity has in his tender ; been accounted for, — if a maximum refund is fixed, contracts shall be (b) the obligation to lodge, in accordance with the relevant provisions of Regulation (EEC) No awarded in accordance with the first indent ; if 3183/80, an application for an export licence in after such awards a quantity is still outstanding, or respect of that quantity, Article 1 2 (2) of that Regu­ if there are no tenders quoting an export levy, lation and Article 10 of Regulation (EEC) No contracts shall be awarded in ascending order of 645/75 not applying in such a case. The applica­ refunds quoted until the entire maximum quantity tion shall be lodged in accordance with the rele­ has been accounted for, to tenderers quoting a refund . vant provisions of Regulation (EEC) No 3183/80, not later than :

2. However, where an award to a particular tenderer — the last working day preceding the date of the in accordance with the provisions of paragraph 1 partial invitation to tender to be held the would result in the maximum quantity being following week, or exceeded, that award shall be limited to such quantity as is still available. Where two or more tenderers quote — if no partial invitation to tender is due to be the same levy or the same refund and awards to all of held that week, the last working day of the them would result in the maximum quantity being following week ; exceeded, then the quantity available shall be awarded (c) the obligation to export the tendered quantity and, as follows : if this obligation is not fulfilled, to pay, where necessary, the amount referred to in Article 13 (3). — by being divided among the tenderers concerned in proportion to the total quantities in each of their tenders, or This right and these obligations are not transferable.

6 . 8 . 85 Official Journal of the European Communities No L 209/23

Article 13 been fulfilled and if the security referred to in Article 6 is less than : 1 . The first paragraph of Article 9 of Regulation (a) the export levy indicated on the licence reduced by (EEC) No 2630/81 shall not apply to the white sugar the levy referred to in the second subparagraph of to be exported in accordance with this Regulation. Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in force on the last day of validity of the said licence, 2. Export licences issued in connection with a or partial invitation to tender shall be valid from the day of issue until the end of the fifth calendar month (b) the sum of the export levy indicated on the licence and the export refund referred to in Article 2 of following that in which the partial invitation was issued. Regulation (EEC) No 766/68 in force on the last day of validity of the said licence, or However : (c) the export refund referred to in Article 2 of Regu­ lation (EEC) No 766/68 in force on the last day of (a) licences issued in connection with partial invita­ validity of the licence reduced by the refund indi­ tions : cated on the said licence, — issued in the period 1 4 August to 1 1 September then , under the time limits and conditions laid down 1985 may be used only from 15 September in Article 33 of Regulation (EEC) No 3183/80 and by 1985, way of a supplementary security for the quantity in — issued in the period 12 September to 2 October respect of which the said obligation was not fulfilled, 1985 may be used from the day of issue, the licence holder shall be charged an amount equal and shall be valid only until 31 December 1985 ; to the difference between the result of the calculation made under (a), (b) or (c), as the case may be, and the (b) licences issued in connection with partial invita­ security referred to in Article 6. tions held from 1 February 1986 shall be valid only until 30 June 1986. The competent authority Article 14 of the Member State which has issued a licence may, on application from the holder or the If the tenderer intends to apply for advance fixing of assignee where a licence has been transferred, the monetary compensatory amount under this stand­ extend its validity until 15 July 1986. If an exten­ ing invitation to tender, the provisions of the second sion has been granted, the sugar shall be regarded subparagraph of Article 3 (1 ) of Regulation (EEC) No as having been exported on 30 June 1986. The 1160/82 shall not apply. Member States shall inform the Commission without delay of the quantitities of sugar covered When use is made of the provisions of the first sub­ by the requests in question. When this sugar is paragraph of Article 3 ( 1 ) of that Regulation, those of marketed during the period 1 July to 15 July 1986, the third subparagraph of paragraph 1 and of para­ the storage levy valid for the marketing year graph 2 of that Article shall remain applicable to 1985/86 shall be applied. this tendering procedure.

Article 15 3 . Except in cases of force majeure, if the obligation to export created by export licence applied for within This Regulation shall enter into force on 8 August 1985 . the period referred to under Article 12 (b) has not

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

Done at Brussels, 29 July 1985.

For the Commission

Frans ANDRIESSEN

Vice-President