31993R0031

No L 5/ 18 Official Journal of the European Communities 9 . 1 . 93

COMMISSION REGULATION (EEC) No 31/93 of 8 January 1993 amending Regulation (EEC) No 920/92 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar

THE COMMISSION OF THE EUROPEAN COMMUNITIES, apply for advance fixing of the agricultural conversion rate in question after having been declared successful tenderer in respect of the levy or refund for the quantity Having regard to the Treaty establishing the European of sugar indicated in his tender ; whereas, in the case of Economic Community, the present tendering procedure, a derogation must be made from the said provisions, leaving the tenderer the Having regard to Council Regulation (EEC) No 1785/81 option of applying for advance fixing of the agricultural of 30 June 1981 on the common organization of the conversion rate at the time when the application for the markets in the sugar sector ('), as last amended by Regula­ export certificate in question is lodged ; tion (EEC) No 3484/92 (2), and in particular Article 13 (2), Whereas the measures provided for in this Regulation are Article 18 (5), Article 19 (4) and (7) and the second para­ in accordance with the opinion of the Management graph of Article 39 thereof, Committee for Sugar,

Having regard to Council Regulation (EEC) No 608/72 of 23 March 1972 laying down rules to be applied in cases of HAS ADOPTED THIS REGULATION : considerable price rises on the world sugar market (3), and in particular Article 1 (1 ) thereof, Article 1 Whereas Article 8 ( 1 ) of Commission Regulation (EEC) No 3819/92 of 28 December 1992 on detailed rules for Article 14 of Commission Regulation (EEC) No 920/92 (6) determining and applying the agricultural conversion is replaced by the following : rates (4) provides that where agricultural conversion rates 'Article 14 are fixed in advance, on application by the party concerned, on the terms referred to in the second subpa­ If the tenderer intends to apply for advance fixing of ragraph of Article 6 (1 ) of Council Regulation (EEC) the agricultural conversion rate under this standing No 3813/92 of 28 December 1992 on the unit of account invitation to tender, the provisions of the second and the conversion rates to be appiled for the purposes of indent of Article 8 (1 ) of Regulation (EEC) the common agricultural policy (*), such application must No 3819/92 (*) shall not apply. be lodged at the same time as the submission of the tender as part of a tendering procedure ; whereas, for 0 OJ No L 387, 31 . 12. 1992, p. 17.' reasons specific to the sugar market, when an operator intends to take up the option of an advance fixing of an agricultural conversion rate, his decision shall be made Article 2 only when the application for the export certificate in question is lodged ; whereas in practice he may only This Regulation shall enter into force on 9 January 1993.

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

Done at Brussels, 8 January 1993.

For the Commission Rene STEICHEN Member of the Commission

(') OJ No L 177, 1 . 7. 1981 , p. 4. O OJ No L 353, 3. 12. 1992, p. 8 . (3) OJ No L 75, 28. 3 . 1972, p. 5. O OJ No L 387, 31 . 12. 1992, p. 17. O OJ No L 387, 31 . 12. 1992, p. 1 . (6) OJ No L 98, 11 . 4. 1992, p. 11 .