31986R1659

30 . 5. 86 No L 145/29 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1659/86 of 29 May 1986 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 COMMUNITIES, on special detailed rules for the application of the system of import and export licences for sugar (8), as last amended by Regulation (EEC) No 3819/85 (9) ; whereas, however, the provisions of Commission Regulation (EEC) No Having regard to the Treaty establishing the European 3183/80 of 3 December 1980 laying down common Economic Community, detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (10), as last amended by Regulation Having regard to Council Regulation (EEC) No 1785/81 (EEC) No 592/86 ("), and those of Commission Regula­ of 30 June 1981 on the common organization of the tion (EEC) No 645/75 of 13 March 1975 laying down markets in the sugar sector ('), as last amended by Regula­ common detailed rules for the application of the export tion (EEC) No 934/86 (2), and in particular Articles 13 (2), levies and charges on agricultural products (12), as last 18 (5), 19 (4) and (7) and the second paragraph of Article amended by Regulation (EEC) No 1607/80 (13) should 39 thereof, remain applicable ;

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 Whereas the second subparagraph of Article 3 ( 1 ) of markets (3), and in particular Article 1 ( 1 ) thereof, Commission Regulation (EEC) No 3155/85 of 11 November 1985 providing for the advance fixing of monetary compensatory amounts (14), as amended by Regulation (EEC) No 3826/85 (15), provides that, where Whereas, in view of the situation on the Community and the levy or refund is fixed in advance by means of world sugar markets, a standing invitation to tender tenders, applications to fix the monetary compensatory should be issued for the export of white sugar which, amount in advance shall be accepted only if the party having regard to possible fluctuations in world prices for concerned has declared in writing at the time of submis­ sugar, must provide for the determination of export levies sion of the tender that he will also apply to fix the mone­ and/or export refunds ; tary 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 the levy or refund Whereas the general rules governing invitations to tender in advance following acceptance of the tender involves an for the purpose of determining export refunds for sugar obligation to request at the same time advance fixing of were laid down in Council Regulation (EEC) No 766/68 the monetary compensatory amount ; whereas, for reasons of 18 June 1968 laying down general rules for granting peculiar to the market in sugar, when an operator intends export refunds on sugar (4), as last amended by Regulation to make use of the facility of fixing a monetary compen­ (EEC) No 1489/76(0 ; satory 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 moment Whereas, in view of the specific nature of the transactions when the application for the export licence is made ; involved, special detailed rules should be laid down in whereas it is only after he has been declared successful in this Regulation, and those provided for in Commission respect of a levy or refund for the quantity of sugar indi­ Regulation (EEC) No 394/70 of 2 March 1970 on detailed cated in his tender that the said monetary compensatory rules for granting export refunds on sugar (% as last amount can be fixed in advance ; whereas, in conse­ amended by Regulation (EEC) No 1467/77 Q, should not quence, a derogation should be made from the said provi­ apply ; whereas, for the same reasons, appropriate provi­ sion in the case of this tendering procedure, so that appli­ sions should be laid down with regard to export licences cation for advance fixing of the monetary compensatory issued in connection with the standing invitation to amount at the time when the application for the export tender and there should be a derogation from Commis­ licence is made should be possible ; sion Regulation (EEC) No 2630/81 of 10 September 1981 (8) OJ No L 258 , 11 . 9 . 1981 , p. 16. (') OJ No L 177, 1 . 7. 1981 , p. 4. (') OJ No L 368 , 31 . 12. 1985, p. 25. 0 OJ No L 87, 2. 4. 1986, 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 58 , 1 . 3 . 1986, p . 4. (4) OJ No L 143, 25. 6 . 1978 , p. 6. (,J) OJ No L 67, 14. 3 . 1975, p . 16. O OJ No L 167, 26. 6. 1976, p. 13 . H OJ No L 160, 26. 6. 1980, p . 42. H OJ No L 310, 21 . 11 . 1985, p. 22. («) OJ No 50, 4. 3 . 1970, p. 1 . n OI No L 162, 1 . 7. 1977, p. 6. H OJ No L 371 , 31 . 12. 1985, p. 1 .

No L 145/30 30 . 5 . 86 Official Journal of the European Communities

Whereas the measures provided for in this Regulation are 5. The time limits laid down in this Regulation are in accordance with the opinion of the Management expressed in Belgian time. Committee for Sugar,

Article5¶

HAS ADOPTED THIS REGULATION : 1 . Offers in connection with this tender must be in writing, and must be either delivered by hand, against a Article 1 receipt, to the competent authority in a Member State, or addressed to that authority by registered letter, telex or 1 . A principal standing invitation to tender shall be telegram. issued in order to determine export levies and/or export 2 . An offer must indicate : refunds on white sugar. During the period of validity of this standing invitation, partial invitations to tender shall (a) the reference number of the invitation to tender to be issued . which the offer relates ; 2. The standing invitation to tender shall remain open (b) the name and address of the tenderer ; until 31 July 1987. (c) the quantity of white sugar to be exported ;

Article 2 (d) the amount of the export levy or, where applicable, of the export refund, per 100 kilograms of white sugar, The standing invitation to tender and the partial invita­ expressed in the currency of the Member State in tions shall be conducted in accordance with Regulation which the tender is submitted ; (EEC) No 766/68 and with the following provisions. Regulation (EEC) No 394/70 shall not apply. (e) the minimum amount of the security to be lodged covering the quantity of sugar indicated in (c), expressed in the currency of the Member State in Article 3 which the tender is submitted . 1 . The notice of the invitation to tender shall be 3 . An offer shall be valid only if : published in the Official Journal of the European Communities. Member States may also publish the notice, (a) the quantity to be exported is not less than 250 tonnes or have it published, elsewhere. of white sugar ;

2. The notice shall indicate in particular the terms of (b) proof is furnished before expiry of the time limit for the invitation to tender. the submission of tenders that the tenderer has lodged the security indicated in the tender ; 3. The notice may be amended during the period of (c) it includes a declaration by the tenderer that if his validity of the standing invitation to tender. It shall be so amended if the terms of the invitation to tender are modi­ tender is successful he will, within the period laid fied . down in Article 12 (b), apply for an export licence or licences in respect of the quantities of white sugar to be exported ; Article 4 (d) it includes a declaration by the tenderer that if his 1 . The period during which tenders may be submitted tender is successful he will : in response to the first partial invitation to tender : — where the obligation to export resulting from the (a) shall begin on 31 May 1986 ; export licence referred to in Article 12 (b) is not fulfilled, supplement the security by payment of (b) shall end on 4 June 1986 at 10.30 a.m. the amount referred to in Article 13 (4), and 2. The periods during which tenders may be submitted — within 30 days following the expiry of the export in response to the second and subsequent partial invita­ licence in question, notify the agency which issued tions : the licence of the quantity or quantities in respect of which the licence was not used ; (a) shall begin on the first working day following the end of the preceding period ; (e) it contains all the information required under para­ graph 2. (b) shall end at 10.30 a.m. on the Wednesday of the fol­ lowing week. 4. A tender may stipulate that it is to be regarded as having been submitted only if : 3 . Notwithstanding paragraph 2 (b), the period for the submission of tenders which was to end on Wednesday, (a) the minimum export levy or, where applicable, the 19 November 1986 shall end on Tuesday, 18 November maximum export refund is fixed on the day of the 1986 at 10.30 a.m . expiry of the period for the submission of the tenders in question ; 4. Notwithstanding paragraph 2, no partial invitations to tender will be issued on Wednesday, 24 and on (b) the tender, if successful, relates to all or a specified Wednesday, 31 December 1986. part of the tendered quantity.

30 . 5 . 86 Official Journal of the European Communities No L 145/31

5. A tender which is not submitted in accordance with considers necessary having regard to the circumstances the provisions of this Regulation, or which contains terms invoked by the party concerned. other than those indicated in the present invitation to tender, shall not be considered. Article 7 6. Once submitted, a tender may not be withdrawn . 1 . Tenders shall be examined in private by the com­ petent authority concerned. The persons present at the examination shall be under an obligation not to disclose Article 6 any particulars relating thereto.

2. Tenders shall be communicated to the Commission 1 . A security of 9 ECU per 100 kilograms of white fortwith and in such a manner that the tenderers remain sugar to be exported under this invitation to tender must anonymous . be lodged by each tenderer. Without prejudice to Article 13 (3), this security shall in the case of successful ten­ derers and at the time of the application referred to in Article 8 Article 1 2 (b) become the security for the export licence.

1 . After the tenders received have been examined, a 2. The security may be lodged at the tenderer's choice, maximum quantity may be fixed for the partial invitation either in cash or in the form of a guarantee given by an concerned . establishment complying with criteria laid down by the Member State in which the tender is submitted . 2. A decision may be taken to make no award under a specific partial invitation to tender. 3. Except in cases of force majeure, the security referred to in paragraph 1 will be released : Article 9 (a) to unsuccessful tenderers in respect of the quantity for which no award has been made ; 1 . In the light of the current state and foreseeable development of the Community and world sugar markets, (b) to successful tenderers who have not applied for the there shall be fixed either : relevant exort licence within the period referred to in — a minimum export levy, Article 12 (b), to the extent of 8 ECU per 100 kilo­ grams of white sugar. or — a maximum export refund. However, this part of the releasable security shall be reduced by the amount representing the difference 2. Subject to Article 10, where a minimum export levy existing, as applicable : is fixed, a contract shall be awarded to every tenderer — between the maximum amount of the export, whose tender quotes a rate of levy equal to or greater than refund fixed for the partial invitation concerned such minimum levy. and the maximum amount of the export refund fixed for the following partial invitation when the 3 . Subject to Article 10, where a maximum export latter amount is higher than the former, refund is fixed, a contract shall be awarded to every tenderer whose tender quotes a rate of refund equal to or or less than such maximum refund and to every tenderer — between the minimum amount of the export levy who has tendered for an export levy. fixed for the partial invitation concerned and the minimum amount of the export levy fixed for the Article 10 following partial invitation when the latter amount is lower than the former ; 1 . Where a maximum quantity has been fixed for a (c) to successful tenderers for the quantity for which they partial invitation to tender : have fulfilled, within the meaning of Article 29 (b) — if a minimum levy is fixed, a contract shall be and the first subparagraph of Article 30 ( 1 ) (b) of awarded to the tenderer whose tender quotes the Regulation (EEC) No 3183/80, the export obligation highest levy ; if the maximum quantity is not fully resulting from the licence referred to under Article 1 2 covered by that award, awards shall be made to other (b) in accordance with the terms of Article 33 of that tenderers in descending order of levies quoted until Regulation. the entire maximum quantity has been accounted for, The part of the security or the security which is not — if a maximum refund is fixed, contracts shall be released shall be forfeit in respect of the quantity of awarded in accordance with the first indent ; if after sugar for which the corresponding obligations have such awards a quantity is still outstanding, or if there not been fulfilled . are no tenders quoting an export levy, contracts shall be awarded in ascending order of refunds quoted until 4. In case of force majeure, the competent authority of the entire maximum quantity has been accounted for, the Member State concerned shall take such action as it to tenderers quoting a refund.

No L 145/32 30 . 5 . 86 Official Journal of thp European Communities

2. However, where an award to a particular tenderer in (c) the obligation to export the tendered quantity and, if accordance with the provisions of paragraph 1 would this obligation is not fulfilled, to pay, where necessary, result in the maximum quantity being exceeded, that the amount referred to in Article 13 (4). award shall be limited to such quantity as is still available. This right and these obligations are not transferable. Where two or more tenderers quote the same levy or the same refund and awards to all of them would result in the maximum quantity being exceeded, then the quantity Article 13 available shall be awarded as follows : 1 . The first paragraph of Article 9 of Regulation (EEC) — by being divided among the tenderers concerned in No 2630/81 shall not apply to the white sugar to be proportion to the total quantities in each of their exported in accordance with this Regulation. tenders, or 2. Export licences issued in connection with a partial — by being apportioned among the tenderers concerned invitation to tender shall be valid from the day of issue by reference to a maximum tonnage to be fixed for until the end of the fifth calendar month following that each of them, or in which the partial invitation was issued. — by the drawing of lots. However, export licences issued in respect of the partial invitations held after 1 May 1987 will be valid only until 30 September 1987. Article 11 3. The export licences issued in respect of the partial invitations held between 4 June 1986 and 10 September 1 . The competent authority of the Member State 1986 will be usable only after 15 September 1986. concerned shall immediately notify applicants of the result of their participation in the invitation to tender. In 4. Except in cases of force majeure, if the obligation to addition, that authority shall send successful tenderers a export resulting from the export licence referred to under statement of award . Article 12 (b) has not been fulfilled and if the security referred to in Article 6 is less than : 2 . The statement of award shall indicate : (a) the export levy indicated on the licence reduced by the levy referred to in the second subparagraph of (a) the reference number of the invitation to which the Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in tender relates ; force on the last day of validity of the said licence, (b) the quantity of white sugar to be exported ; or

(c) the export levy to be charged, or where applicable the (b) the sum of the export levy indicated on the licence export refund to be granted, per 100 kilograms of and the refund referred to in Article 2 of Regulation white sugar of the quantity referred to in (b). (EEC) No 766/68 in force on the last day of validity of the said licence,

or Article 12 (c) the export refund referred to in Article 2 of Regulation (EEC) No 766/68 in force on the last day of validity of Every successful tenderer shall have : the licence reduced by the refund indicated on the said licence, (a) the right to receive in the circumstances referred to under (b), in respect of the quantity awarded, an then, for the quantity in respect of which the said obliga­ export licence indicating, as appropriate, the export tion was not fulfilled, the licence holder shall be charged an amount equal to the difference between the result of levy or the export refund quoted in his tender ; the calculation made under (a), (b) or (c), as the case may (b) the obligation to lodge, in accordance with the rele­ be, and the security referred to in Article 6 ( 1 ). vant provisions of Regulation (EEC) No 3183/80, an application for an export licence in respect of that Article 14 quantity, the application not being revocable and Article 10 of Regulation (EEC) No 645/75 not If the tenderer intends to apply for advance fixing of the applying in such a case. The application shall be monetary compensatory amount under this standing invi­ lodged in accordance with the relevant provisions of tation to tender, the provisions of the second paragraph of Regulation (EEC) No 3183/80, not later than : Article 3 ( 1 ) of Regulation (EEC) No 3155/85 shall not apply. — the last working day preceding the date of the partial invitation to tender to be held the following week, Article 15

or 1 . If the terms of Article 12 of Regulation (EEC) No — if no partial invitation to tender is due to be held 766/68 apply, the export refunds and export levies fixed that week, the last working day of the following in advance under the terms of the present invitation to week ; tender :

30 . 5 . 86 Official Journal of the European Communities No L 145/33

(a) before 1 July 1986, for the sugar exported after that For determination of the differences referred to above, the date, intervention prices in question shall be increased by the corresponding storage levy referred to in the second para­ (b) before 1 July 1987, for the sugar exported after that graph of Article 8 (2) of Regulation (EEC) No 1785/81 . date, 3 . The application for adjustment under paragraph 1 shall be made by the holder of the export licence shall, at the request of the party concerned, be adjusted as concerned, or by the assignee when the licence has been specified in paragraph 2. transferred, to the Member State that issued it and before the customs export formalities for the quantities concerned have been carried out. 2. The adjustment referred to in paragraph 1 shall consist of an increase in the export refund or a reduction The Member State shall enter the adjustment to be made in the export levy by the difference, expressed in ECU per in section 1 8 (a) of the export licence concerned and shall 100 kilograms, existing : stamp that section. (a) in the cases referred to in paragraph 1 (a), between the 4 . The Member States will inform the Commission as intervention price for white sugar applicable from 1 quickly as possible of the quantities of sugar for which July 1986 and that in force on 30 June 1986 ; the requests referred to in paragraph 1 have been made.

(b) in the case referred to in paragraph 1 (b), between tlie Article 16 intervention price for white sugar applicable from 1 July 1987 and that in force on 30 June 1987. This Regulation shall enter into force on 31 May 1986.

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

Done at Brussels, 29 May 1986.

For the Commission Frans ANDRIESSEN Vice-President