# Official Journal C 185/20 J

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 185 |
| | |
| English edition | Information and Notices | Volume 4720 July 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 185

English edition

Information and Notices

Volume 4720 July 2004

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 185/1 | Euro exchange rates | 1 |
| 2004/C 185/2 | Prior notification of a concentration (Case No COMP/M.3524 — BARCLAYS PRIVATE EQUITY FRANCE/FIVES-LILLE) — Candidate case for simplified procedure (
  1
  ) | 2 |
| 2004/C 185/3 | Prior notification of a concentration (Case No COMP/M.3440 — EDP/ENI/GDP) (
  1
  ) | 3 |
| 2004/C 185/4 | Prior notification of a concentration (Case No COMP/M.3521 — BRIDGEPOINT CAPITAL GROUP/PETS AT HOME GROUP) — Candidate for simplified procedure (
  1
  ) | 4 |
| 2004/C 185/5 | Prior notification of a concentration (Case No COMP/M.3491 — BAE SYSTEMS/ALVIS) (
  1
  ) | 5 |

Notice No

Contents

page

I   Information

Commission

2004/C 185/1

Euro exchange rates

1

2004/C 185/2

Prior notification of a concentration (Case No COMP/M.3524 — BARCLAYS PRIVATE EQUITY FRANCE/FIVES-LILLE) — Candidate case for simplified procedure (
  1
  )

1

2

2004/C 185/3

Prior notification of a concentration (Case No COMP/M.3440 — EDP/ENI/GDP) (
  1
  )

1

3

2004/C 185/4

Prior notification of a concentration (Case No COMP/M.3521 — BRIDGEPOINT CAPITAL GROUP/PETS AT HOME GROUP) — Candidate for simplified procedure (
  1
  )

1

4

2004/C 185/5

Prior notification of a concentration (Case No COMP/M.3491 — BAE SYSTEMS/ALVIS) (
  1
  )

1

5

| | III   Notices |
| --- | --- |
| | Commission |
| 2004/C 185/6 | Bureau d'intervention et de restitution belge (BIRB), Bruxelles— Státní zemědělský intervenční fond, Praha — Direktoratet for FødevareErhverv, København — Bundesanstalt für Landwirtschaft und Ernährung (BLE), Frankfurt am Main — Põllumajanduse Registrite ja Informatsiooni Amet (PRIA), Tartu — Οργανισμός πληρωμών και ελέγχου κοινοτικών ενισχύσεων προσανατολισμού και εγγυήσεων (OΠEKEΠE), Αθήνα — Fondo Español de Garantía Agraria (FEGA), Madrid— Fonds d'intervention et de régularisation du marché du sucre (FIRS), Paris — Irish Sugar Intervention Agency (ISIA), Dublin — Agenzia per le erogazioni in agricoltura (AGEA), Roma — Κυπριακός οργανισμός αγροτικών πληρωμών (KOAΠ), Nicosia — Lauku Atbalsta Dienests (LAD), Rīga — Nacionalinė Mokėjimo Agentūra (NMA), Vilnius — Ministère de l'agriculture, Luxembourg — Mezőgazdasági és Vidékfejlesztési Hivatal (MVH), Budapest — Agenzija ta' Pagamenti (AP), Valletta — Hoofdproductschap Akkerbouw (HPA), Den Haag — Agrarmarkt Austria (AMA), Wien— Agencja Rynku Rolnego (ARR), Warszawa— Ministério das Finanças, Direcção-Geral das Alfândegas e dos Impostos Especiais sobre o Consumo, Direcção de Serviços de Licenciamento, Lisboa — Agencija Republike Slovenije za kmetijske trge in razvoj podeželja, Ljubljana— Pôdohospodárska platobná agentúra, Bratislava— Maa- ja metsätalousministeriö (MMM), Helsinki — Statens jordbruksverk (SJV), Jönköping — Rural Payments Agency (RPA), Newcastle-upon-Tyne — Notice of a standing invitation to tender in order to determine levies and/or refunds on exports of white sugar (No 1/2004) | 6 |

III   Notices

Commission

2004/C 185/6

Bureau d'intervention et de restitution belge (BIRB), Bruxelles— Státní zemědělský intervenční fond, Praha — Direktoratet for FødevareErhverv, København — Bundesanstalt für Landwirtschaft und Ernährung (BLE), Frankfurt am Main — Põllumajanduse Registrite ja Informatsiooni Amet (PRIA), Tartu — Οργανισμός πληρωμών και ελέγχου κοινοτικών ενισχύσεων προσανατολισμού και εγγυήσεων (OΠEKEΠE), Αθήνα — Fondo Español de Garantía Agraria (FEGA), Madrid— Fonds d'intervention et de régularisation du marché du sucre (FIRS), Paris — Irish Sugar Intervention Agency (ISIA), Dublin — Agenzia per le erogazioni in agricoltura (AGEA), Roma — Κυπριακός οργανισμός αγροτικών πληρωμών (KOAΠ), Nicosia — Lauku Atbalsta Dienests (LAD), Rīga — Nacionalinė Mokėjimo Agentūra (NMA), Vilnius — Ministère de l'agriculture, Luxembourg — Mezőgazdasági és Vidékfejlesztési Hivatal (MVH), Budapest — Agenzija ta' Pagamenti (AP), Valletta — Hoofdproductschap Akkerbouw (HPA), Den Haag — Agrarmarkt Austria (AMA), Wien— Agencja Rynku Rolnego (ARR), Warszawa— Ministério das Finanças, Direcção-Geral das Alfândegas e dos Impostos Especiais sobre o Consumo, Direcção de Serviços de Licenciamento, Lisboa — Agencija Republike Slovenije za kmetijske trge in razvoj podeželja, Ljubljana— Pôdohospodárska platobná agentúra, Bratislava— Maa- ja metsätalousministeriö (MMM), Helsinki — Statens jordbruksverk (SJV), Jönköping — Rural Payments Agency (RPA), Newcastle-upon-Tyne — Notice of a standing invitation to tender in order to determine levies and/or refunds on exports of white sugar (No 1/2004)

6

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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I Information

Commission

| 20.7.2004 | EN | Official Journal of the European Union | C 185/1 |
| --- | --- | --- | --- |

20.7.2004

EN

Official Journal of the European Union

C 185/1

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Euro exchange rates (1)

19 July 2004

(2004/C 185/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2412 |
| JPY | Japanese yen | 134,26 |
| DKK | Danish krone | 7,4357 |
| GBP | Pound sterling | 0,66360 |
| SEK | Swedish krona | 9,1975 |
| CHF | Swiss franc | 1,5264 |
| ISK | Iceland króna | 88,13 |
| NOK | Norwegian krone | 8,4770 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,58240 |
| CZK | Czech koruna | 31,181 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 249,53 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6623 |
| MTL | Maltese lira | 0,4260 |
| PLN | Polish zloty | 4,4193 |
| ROL | Romanian leu | 40 949 |
| SIT | Slovenian tolar | 239,8800 |
| SKK | Slovak koruna | 39,893 |
| TRL | Turkish lira | 1 773 900 |
| AUD | Australian dollar | 1,6934 |
| CAD | Canadian dollar | 1,6271 |
| HKD | Hong Kong dollar | 9,6813 |
| NZD | New Zealand dollar | 1,8800 |
| SGD | Singapore dollar | 2,1111 |
| KRW | South Korean won | 1 436,75 |
| ZAR | South African rand | 7,3166 |

Currency

Exchange rate

USD

US dollar

1,2412

JPY

Japanese yen

134,26

DKK

Danish krone

7,4357

GBP

Pound sterling

0,66360

SEK

Swedish krona

9,1975

CHF

Swiss franc

1,5264

ISK

Iceland króna

88,13

NOK

Norwegian krone

8,4770

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,58240

CZK

Czech koruna

31,181

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

249,53

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6623

MTL

Maltese lira

0,4260

PLN

Polish zloty

4,4193

ROL

Romanian leu

40 949

SIT

Slovenian tolar

239,8800

SKK

Slovak koruna

39,893

TRL

Turkish lira

1 773 900

AUD

Australian dollar

1,6934

CAD

Canadian dollar

1,6271

HKD

Hong Kong dollar

9,6813

NZD

New Zealand dollar

1,8800

SGD

Singapore dollar

2,1111

KRW

South Korean won

1 436,75

ZAR

South African rand

7,3166

---

(1)

Source: reference exchange rate published by the ECB.

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| 20.7.2004 | EN | Official Journal of the European Union | C 185/2 |
| --- | --- | --- | --- |

20.7.2004

EN

Official Journal of the European Union

C 185/2

---

Prior notification of a concentration

(Case No COMP/M.3524 — BARCLAYS PRIVATE EQUITY FRANCE/FIVES-LILLE)

Candidate case for simplified procedure

(2004/C 185/02)

(Text with EEA relevance)

| 1. | On 12 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Barclays Private Equity France (‘BPEF’), controlled by Barclays plc acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Groupe Fives-Lille (France) by way of purchase of shares. |
| --- | --- |

1.

On 12 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Barclays Private Equity France (‘BPEF’), controlled by Barclays plc acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Groupe Fives-Lille (France) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for undertaking BPEF: private equity fund manager, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking BPEF: private equity fund manager,

| — | for undertaking Fives-Lille: industrial engineering. |
| --- | --- |

—

for undertaking Fives-Lille: industrial engineering.

| 3. | On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3524 — Barclays Private Equity France/Fives-Lille, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3524 — Barclays Private Equity France/Fives-Lille, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 217, 29.7.2000, p. 32; Council Regulation (EEC) No 4064/89 has been replaced by Council Regulation (EC) No 139/2004.

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| 20.7.2004 | EN | Official Journal of the European Union | C 185/3 |
| --- | --- | --- | --- |

20.7.2004

EN

Official Journal of the European Union

C 185/3

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Prior notification of a concentration

(Case No COMP/M.3440 — EDP/ENI/GDP)

(2004/C 185/03)

(Text with EEA relevance)

| 1. | On 9 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2), by which the Portuguese undertaking Electricidade de Portugal S.A. (‘EDP’), along with the Italian undertaking ENI S.p.A. (‘ENI’), acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Portuguese undertaking Gás de Portugal SGPS S.A. (‘GDP’) by way of purchase of shares. |
| --- | --- |

1.

On 9 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2), by which the Portuguese undertaking Electricidade de Portugal S.A. (‘EDP’), along with the Italian undertaking ENI S.p.A. (‘ENI’), acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Portuguese undertaking Gás de Portugal SGPS S.A. (‘GDP’) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for EDP: generation, distribution and supply of electricity, telecommunications and information technology, engineering, laboratorial analysis, professional training and real estate management, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for EDP: generation, distribution and supply of electricity, telecommunications and information technology, engineering, laboratorial analysis, professional training and real estate management,

| — | for ENI: exploration and production of crude oil and natural gas, transport, distribution, supply and sale of natural gas, electricity generation, refining and marketing of petroleum products, oilfield services and engineering and petrochemicals industries, |
| --- | --- |

—

for ENI: exploration and production of crude oil and natural gas, transport, distribution, supply and sale of natural gas, electricity generation, refining and marketing of petroleum products, oilfield services and engineering and petrochemicals industries,

| — | for GDP: transport, storage, re-gasification, wholesale supply, distribution and retail of natural gas. |
| --- | --- |

—

for GDP: transport, storage, re-gasification, wholesale supply, distribution and retail of natural gas.

| 3. | On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3440 — EDP/ENI/GDP, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3440 — EDP/ENI/GDP, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.

(2)  OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17.

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| 20.7.2004 | EN | Official Journal of the European Union | C 185/4 |
| --- | --- | --- | --- |

20.7.2004

EN

Official Journal of the European Union

C 185/4

---

Prior notification of a concentration

(Case No COMP/M.3521 — BRIDGEPOINT CAPITAL GROUP/PETS AT HOME GROUP)

Candidate for simplified procedure

(2004/C 185/04)

(Text with EEA relevance)

| 1. | On 8 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking, Bridgepoint Europe II (‘BE II’) which is ultimately controlled by Bridgepoint Capital Group Ltd (‘Bridgepoint’, UK), acquires within the meaning of Article 3(1)(b) of the above-mentioned Council Regulation, control of the whole of the undertaking Pets at Home Group Ltd (‘Pets at Home’), United Kingdom, by way of purchase of shares. |
| --- | --- |

1.

On 8 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking, Bridgepoint Europe II (‘BE II’) which is ultimately controlled by Bridgepoint Capital Group Ltd (‘Bridgepoint’, UK), acquires within the meaning of Article 3(1)(b) of the above-mentioned Council Regulation, control of the whole of the undertaking Pets at Home Group Ltd (‘Pets at Home’), United Kingdom, by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for Bridgepoint: management of private equity funds, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Bridgepoint: management of private equity funds,

| — | for BE II: private equity investment fund, |
| --- | --- |

—

for BE II: private equity investment fund,

| — | for Pets at Home: supply of pet-related products (such as pet foods, pet accessories and small pets) and veterinary services. |
| --- | --- |

—

for Pets at Home: supply of pet-related products (such as pet foods, pet accessories and small pets) and veterinary services.

| 3. | On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3521, Bridgepoint Capital Group/Pets at Home Group to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3521, Bridgepoint Capital Group/Pets at Home Group to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 217, 29.7.2000, p. 32.

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| 20.7.2004 | EN | Official Journal of the European Union | C 185/5 |
| --- | --- | --- | --- |

20.7.2004

EN

Official Journal of the European Union

C 185/5

---

Prior notification of a concentration

(Case No COMP/M.3491 — BAE SYSTEMS/ALVIS)

(2004/C 185/05)

(Text with EEA relevance)

| 1. | On 8 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking BAE SYSTEMS plc (‘BAES’, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Alvis plc (‘Alvis’, UK), by way of public bid announced on 3 June 2004. |
| --- | --- |

1.

On 8 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking BAE SYSTEMS plc (‘BAES’, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Alvis plc (‘Alvis’, UK), by way of public bid announced on 3 June 2004.

| 2. | The business activities of the undertakings concerned are:






  — | for BAES: international manufacturer of defence and commercial aerospace systems, including military aircraft, surface ships, submarines, radar, avionics, communications, electronics and weapons systems, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for BAES: international manufacturer of defence and commercial aerospace systems, including military aircraft, surface ships, submarines, radar, avionics, communications, electronics and weapons systems,

| — | for Alvis: design, development and production of armoured fighting vehicles and military land systems. |
| --- | --- |

—

for Alvis: design, development and production of armoured fighting vehicles and military land systems.

| 3. | On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number Case No COMP/M.3491 — BAE SYSTEMS/ALVIS, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number Case No COMP/M.3491 — BAE SYSTEMS/ALVIS, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

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III Notices

Commission

| 20.7.2004 | EN | Official Journal of the European Union | C 185/6 |
| --- | --- | --- | --- |

20.7.2004

EN

Official Journal of the European Union

C 185/6

---

Bureau d'intervention et de restitution belge (BIRB), Bruxelles

Státní zemědělský intervenční fond, Praha

Direktoratet for FødevareErhverv, København

Bundesanstalt für Landwirtschaft und Ernährung (BLE), Frankfurt am Main

Põllumajanduse Registrite ja Informatsiooni Amet (PRIA), Tartu

Οργανισμός πληρωμών και ελέγχου κοινοτικών ενισχύσεων προσανατολισμού και εγγυήσεων (OΠEKEΠE), Αθήνα

Fondo Español de Garantía Agraria (FEGA), Madrid

Fonds d'intervention et de régularisation du marché du sucre (FIRS), Paris

Irish Sugar Intervention Agency (ISIA), Dublin

Agenzia per le erogazioni in agricoltura (AGEA), Roma

Κυπριακός οργανισμός αγροτικών πληρωμών (KOAΠ), Nicosia

Lauku Atbalsta Dienests (LAD), Rīga

Nacionalinė Mokėjimo Agentūra (NMA), Vilnius

Ministère de l'agriculture, Luxembourg

Mezőgazdasági és Vidékfejlesztési Hivatal (MVH), Budapest

Agenzija ta' Pagamenti (AP), Valletta

Hoofdproductschap Akkerbouw (HPA), Den Haag

Agrarmarkt Austria (AMA), Wien

Agencja Rynku Rolnego (ARR), Warszawa

Ministério das Finanças, Direcção-Geral das Alfândegas e dos Impostos Especiais sobre o Consumo, Direcção de Serviços de Licenciamento, Lisboa

Agencija Republike Slovenije za kmetijske trge in razvoj podeželja, Ljubljana

Pôdohospodárska platobná agentúra, Bratislava

Maa- ja metsätalousministeriö (MMM), Helsinki

Statens jordbruksverk (SJV), Jönköping

Rural Payments Agency (RPA), Newcastle-upon-Tyne

Notice of a standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

(No 1/2004)

(2004/C 185/06)

I.   Subject

| 1. | A standing invitation to tender will be held in order to determine levies and/or refunds on exports of white sugar falling within CN code 1701 99 10 for all destinations except for Albania, Croatia, Bosnia-Herzegovina, Serbia and Montenegro, including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999, and the Former Yugoslav Republic of Macedonia. |
| --- | --- |

1.

A standing invitation to tender will be held in order to determine levies and/or refunds on exports of white sugar falling within CN code 1701 99 10 for all destinations except for Albania, Croatia, Bosnia-Herzegovina, Serbia and Montenegro, including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999, and the Former Yugoslav Republic of Macedonia.

| 2. | The standing invitation to tender shall be conducted in accordance with Article 28 of Regulation (EC) No 1260/2001 (1) and Regulation (EC) No 1327/2004 (2). |
| --- | --- |

2.

The standing invitation to tender shall be conducted in accordance with Article 28 of Regulation (EC) No 1260/2001 (1) and Regulation (EC) No 1327/2004 (2).

II.   Time limits

| 1. | The standing invitation to tender shall remain open until 28 July 2005. During the period of validity of this invitation, partial invitations will be issued. |
| --- | --- |

1.

The standing invitation to tender shall remain open until 28 July 2005. During the period of validity of this invitation, partial invitations will be issued.

| 2.1. | The period during which tenders may be submitted in response to the first partial invitation will begin on 23 July 2004 and will expire at 10.00 Brussels time on Thursday 29 July 2004. |
| --- | --- |

2.1.

The period during which tenders may be submitted in response to the first partial invitation will begin on 23 July 2004 and will expire at 10.00 Brussels time on Thursday 29 July 2004.

| 2.2. | For each of the partial invitations to tender, the period during which tenders may be submitted will begin on the first working day following the day on which the period for the previous partial invitation to tender ends. |
| --- | --- |

2.2.

For each of the partial invitations to tender, the period during which tenders may be submitted will begin on the first working day following the day on which the period for the previous partial invitation to tender ends.

| 2.3. | The period for the submission of tenders will end at 10.00 Brussels time on:






  — | 12 and 26 August 2004, |
| --- | --- | --- |

2.3.

The period for the submission of tenders will end at 10.00 Brussels time on:

—

12 and 26 August 2004,

| — | 9, 16, 23 and 30 September 2004, |
| --- | --- |

—

9, 16, 23 and 30 September 2004,

| — | 7, 14, 21 and 28 October 2004, |
| --- | --- |

—

7, 14, 21 and 28 October 2004,

| — | 4, 11 and 25 November 2004, |
| --- | --- |

—

4, 11 and 25 November 2004,

| — | 9 and 23 December 2004, |
| --- | --- |

—

9 and 23 December 2004,

| — | 6 and 20 January 2005, |
| --- | --- |

—

6 and 20 January 2005,

| — | 3 and 17 February 2005, |
| --- | --- |

—

3 and 17 February 2005,

| — | 3, 17 and 31 March 2005, |
| --- | --- |

—

3, 17 and 31 March 2005,

| — | 14 and 28 April 2005, |
| --- | --- |

—

14 and 28 April 2005,

| — | 12 and 26 May 2005, |
| --- | --- |

—

12 and 26 May 2005,

| — | 2, 9, 16, 23 and 30 June 2005, |
| --- | --- |

—

2, 9, 16, 23 and 30 June 2005,

| — | 14 and 28 July 2005. |
| --- | --- |

—

14 and 28 July 2005.

| 3. | Subject to its amendment or replacement, the terms of this notice will apply to every partial invitation to tender held during the period of validity of this standing invitation to tender. |
| --- | --- |

3.

Subject to its amendment or replacement, the terms of this notice will apply to every partial invitation to tender held during the period of validity of this standing invitation to tender.

III.   Tenders

| 1. | This notice invites interested parties to submit, for each partial invitation to tender, tenders for the export levy and/or export refund for the sugar referred to in Title I above. |
| --- | --- |

1.

This notice invites interested parties to submit, for each partial invitation to tender, tenders for the export levy and/or export refund for the sugar referred to in Title I above.

| 2.1. | Written tenders must reach the competent agency of a Member State no later than the dates and times indicated in point 2 of Title II, and must either be handed in, in return for a receipt, or be sent by registered post or by telegram, or else by telex, fax or electronic-mail provided the competent agency accepts those forms of transmission, to one of the following addresses:






  — | Bureau d'intervention et de restitution belge |
| --- | --- | --- |
| Rue de Trèves 82 |
| B-1040 Bruxelles |
| Tel: (32-2) 287 24 11 |
| Fax: (32-2) 287 25 24 |

2.1.

Written tenders must reach the competent agency of a Member State no later than the dates and times indicated in point 2 of Title II, and must either be handed in, in return for a receipt, or be sent by registered post or by telegram, or else by telex, fax or electronic-mail provided the competent agency accepts those forms of transmission, to one of the following addresses:

—

Bureau d'intervention et de restitution belge

Rue de Trèves 82

B-1040 Bruxelles

Tel: (32-2) 287 24 11

Fax: (32-2) 287 25 24

| — | Státní zemědělský intervenční fond |
| --- | --- |
| Oddělení vývozních subvencí |
| Ve Smečkách 33 |
| CZ-11000 Praha 1 |
| Tel.: (420) 222 871 458 |
| Fax: (420) 222 871 714 |

—

Státní zemědělský intervenční fond

Oddělení vývozních subvencí

Ve Smečkách 33

CZ-11000 Praha 1

Tel.: (420) 222 871 458

Fax: (420) 222 871 714

| — | Direktoratet for Fødevare Erhverv |
| --- | --- |
| Nyropsgade 30 |
| DK-1780 København V |
| Tel: (45) 33 95 80 00 |
| Fax: (45) 33 95 80 18 |

—

Direktoratet for Fødevare Erhverv

Nyropsgade 30

DK-1780 København V

Tel: (45) 33 95 80 00

Fax: (45) 33 95 80 18

| — | Bundesanstalt für Landwirtschaft und Ernährung, |
| --- | --- |
| Referat 325 |
| D-60631 Frankfurt am Main |
| Tel: (49-69) 15 64 -0 |
| Fax: (49-69) 15 64-624/794 |

—

Bundesanstalt für Landwirtschaft und Ernährung,

Referat 325

D-60631 Frankfurt am Main

Tel: (49-69) 15 64 -0

Fax: (49-69) 15 64-624/794

| — | Põllumajanduse Registrite ja Informatsiooni Amet (PRIA) |
| --- | --- |
| Narva maantee 3 |
| Tartu 51009 |
| Tel: (372) 7 371 200 |
| Fax: (372) 7 371 201 |
| e-mail: pria@pria.ee |

—

Põllumajanduse Registrite ja Informatsiooni Amet (PRIA)

Narva maantee 3

Tartu 51009

Tel: (372) 7 371 200

Fax: (372) 7 371 201

e-mail: pria@pria.ee

| — | Οργανισμός πληρωμών και ελέγχου κοινοτικών ενισχύσεων προσανατολισμού και εγγυήσεων, |
| --- | --- |
| Αχαρνών 241, Αθήνα |
| Texex: 221 734 – 221 735 – 221 738 |
| Fax: 867 11 11 Αθήνα |

—

Οργανισμός πληρωμών και ελέγχου κοινοτικών ενισχύσεων προσανατολισμού και εγγυήσεων,

Αχαρνών 241, Αθήνα

Texex: 221 734 – 221 735 – 221 738

Fax: 867 11 11 Αθήνα

| — | Fondo Español de Garantía Agraria |
| --- | --- |
| Beneficencia, 8 |
| E-28004 Madrid |
| Tel: (34) 913 47 64 66 |
| Fax: (34) 913 47 63 97, 491 521 98 32 and 915 22 43 87 |
| e-mail: sgarmoni@fega.mapya.es |

—

Fondo Español de Garantía Agraria

Beneficencia, 8

E-28004 Madrid

Tel: (34) 913 47 64 66

Fax: (34) 913 47 63 97, 491 521 98 32 and 915 22 43 87

e-mail: sgarmoni@fega.mapya.es

| — | Fonds d'intervention et de régularisation du marché du sucre |
| --- | --- |
| 120, boulevard de Courcelles |
| F-75017 Paris |
| Tel.: (33-1) 56 79 46 00 |
| Fax: (33-1) 56 79 46 60 |

—

Fonds d'intervention et de régularisation du marché du sucre

120, boulevard de Courcelles

F-75017 Paris

Tel.: (33-1) 56 79 46 00

Fax: (33-1) 56 79 46 60

| — | Irish Sugar Intervention Agency, Department of Agriculture and Food |
| --- | --- |
| Agriculture House |
| Kildare Street |
| Dublin 2 |
| Tel: (01) 607 20 00 |
| Fax: (01) 676 40 37 |

—

Irish Sugar Intervention Agency, Department of Agriculture and Food

Agriculture House

Kildare Street

Dublin 2

Tel: (01) 607 20 00

Fax: (01) 676 40 37

| — | Agenzia per le erogazioni in agricoltura |
| --- | --- |
| Direzione Organismo pagatore |
| Colture specializzate |
| Via Palestro 81 |
| I-00185 Roma |
| Telex: 06/620064 |
| Tel: (39) 06 49 49 95 63 — (39) 06 49 49 95 76 |
| Fax: (39) 06 445 39 16 |

—

Agenzia per le erogazioni in agricoltura

Direzione Organismo pagatore

Colture specializzate

Via Palestro 81

I-00185 Roma

Telex: 06/620064

Tel: (39) 06 49 49 95 63 — (39) 06 49 49 95 76

Fax: (39) 06 445 39 16

| — | Κυπριακός Οργανισμός Αγροτικών Πληρωμών, |
| --- | --- |
| Μιχαήλ Κουτσόφτα 20 (Εσπερίδων και Μιχαήλ Κουτσόφτα) |
| 2000/Nicosia |
| Tel: +357-22557777 |
| Fax: +357 -22557755 |
| email commissioner@capo.gov.cy |

—

Κυπριακός Οργανισμός Αγροτικών Πληρωμών,

Μιχαήλ Κουτσόφτα 20 (Εσπερίδων και Μιχαήλ Κουτσόφτα)

2000/Nicosia

Tel: +357-22557777

Fax: +357 -22557755

email commissioner@capo.gov.cy

| — | Lauku Atbalsta Dienests |
| --- | --- |
| 2, Republikas laukums |
| LV – 1981, Rīga |
| Tel.: (371) 7027542 |
| Fax: (371) 7027120 |
| email: LAD@lad.gov.lv |

—

Lauku Atbalsta Dienests

2, Republikas laukums

LV – 1981, Rīga

Tel.: (371) 7027542

Fax: (371) 7027120

email: LAD@lad.gov.lv

| — | Nacionalinė mokėjimo agentūra prie Žemės ūkio ministerijos |
| --- | --- |
| Užsienio Prekybos Departamentas |
| Blindžių g. 17 |
| LT - 08111 Vilnius |
| Tel: (370) 5 2683954 |
| Fax: (370) 5 2391376 |

—

Nacionalinė mokėjimo agentūra prie Žemės ūkio ministerijos

Užsienio Prekybos Departamentas

Blindžių g. 17

LT - 08111 Vilnius

Tel: (370) 5 2683954

Fax: (370) 5 2391376

| — | Office des licences |
| --- | --- |
| 21, rue Philippe II |
| Boîte postale 113 |
| L-2011 Luxembourg |
| Tel: (352) 478 23 70 |
| Fax: (352) 46 61 38 |
| Telex: 2 537 AGRIM LU |

—

Office des licences

21, rue Philippe II

Boîte postale 113

L-2011 Luxembourg

Tel: (352) 478 23 70

Fax: (352) 46 61 38

Telex: 2 537 AGRIM LU

| — | Mezőgazdasági és Vidékfejlesztési Hivatal |
| --- | --- |
| Alkotmány u. 29. |
| H-1054 Budapest |
| Tel: (36) 1 219 4514 |
| Fax: (36) 1 219 4511 |

—

Mezőgazdasági és Vidékfejlesztési Hivatal

Alkotmány u. 29.

H-1054 Budapest

Tel: (36) 1 219 4514

Fax: (36) 1 219 4511

| — | Agenzija ta' Pagamenti - Trade Mechanisms Unit |
| --- | --- |
| Ministeru ghall-Affarijiet Rurali u l-Ambjent |
| Barriera Wharf |
| Valletta CMR 02 |
| Malta |
| Tel: (356) 2295 2227 2225 2115 |
| Fax: (356) 2295 2224 |

—

Agenzija ta' Pagamenti - Trade Mechanisms Unit

Ministeru ghall-Affarijiet Rurali u l-Ambjent

Barriera Wharf

Valletta CMR 02

Malta

Tel: (356) 2295 2227 2225 2115

Fax: (356) 2295 2224

| — | Hoofdproductschap Akkerbouw |
| --- | --- |
| Stadhoudersplantsoen 12 |
| 2517 JL Den Haag |
| Nederland |
| Tel.: (070) 370 87 08 |
| Fax: (070) 346 14 00/370 84 44 |
| e-mail: hpa@hpa.agro.nl |

—

Hoofdproductschap Akkerbouw

Stadhoudersplantsoen 12

2517 JL Den Haag

Nederland

Tel.: (070) 370 87 08

Fax: (070) 346 14 00/370 84 44

e-mail: hpa@hpa.agro.nl

| — | Agrarmarkt Austria |
| --- | --- |
| Dresdner Straße 70 |
| A-1200 Wien |
| Tel: (43-1) 33 151 208 |
| Fax: (43-1) 33 151 303 |

—

Agrarmarkt Austria

Dresdner Straße 70

A-1200 Wien

Tel: (43-1) 33 151 208

Fax: (43-1) 33 151 303

| — | Agencja Rynku Rolnego |
| --- | --- |
| Biuro Administrowania Obrotem Towarowym z Zagranicą |
| Dział Produktów Przetworzonych |
| Nowy Świat 6/12 |
| 00-400 Warszawa |
| Tel: (48) 22 661 75 90 |
| Fax: (48) 22 661 71 58 |

—

Agencja Rynku Rolnego

Biuro Administrowania Obrotem Towarowym z Zagranicą

Dział Produktów Przetworzonych

Nowy Świat 6/12

00-400 Warszawa

Tel: (48) 22 661 75 90

Fax: (48) 22 661 71 58

| — | Ministério das Finanças |
| --- | --- |
| Direcção-Geral das Alfândegas e dos Impostos Especiais sobre o Consumo |
| Direcção de Serviços de Licenciamento |
| Edifício da Alfândega |
| Rua Terreiro do Trigo |
| P-1149-060 Lisboa |
| Tel: (351) 218 81 42 63 |
| Fax: (351) 218 81 42 61 |

—

Ministério das Finanças

Direcção-Geral das Alfândegas e dos Impostos Especiais sobre o Consumo

Direcção de Serviços de Licenciamento

Edifício da Alfândega

Rua Terreiro do Trigo

P-1149-060 Lisboa

Tel: (351) 218 81 42 63

Fax: (351) 218 81 42 61

| — | Agencija Republike Slovenije za kmetijske trge in razvoj podeželja |
| --- | --- |
| Dunajska Cesta 160 |
| 1000 Ljubljana |
| Tel: (386) 1478 9228 |
| Fax: (386) 1479 9206 |

—

Agencija Republike Slovenije za kmetijske trge in razvoj podeželja

Dunajska Cesta 160

1000 Ljubljana

Tel: (386) 1478 9228

Fax: (386) 1479 9206

| — | Pôdohospodárska platobná agentúra |
| --- | --- |
| Dobrovičova 12 |
| SK-815 26 Bratislava |
| Tel: (421) 2 592 66 397 |
| Fax: (421) 2 592 66 361 |

—

Pôdohospodárska platobná agentúra

Dobrovičova 12

SK-815 26 Bratislava

Tel: (421) 2 592 66 397

Fax: (421) 2 592 66 361

| — | Maa- ja metsätalousministeriö (MMM) |
| --- | --- |
| Malminkatu 16, Helsinki |
| PL 30, |
| FIN-00023 Valtioneuvosto |
| Tel: (358 -9) 16001 |
| Fax: (358-9) 16 05 27 78 |

—

Maa- ja metsätalousministeriö (MMM)

Malminkatu 16, Helsinki

PL 30,

FIN-00023 Valtioneuvosto

Tel: (358 -9) 16001

Fax: (358-9) 16 05 27 78

| — | Statens jordbruksverk |
| --- | --- |
| Vallgatan 8 |
| S-55182 Jönköping |
| Tel: (46 -36) 15 50 00 |
| Fax: (46-36) 19 05 46 |

—

Statens jordbruksverk

Vallgatan 8

S-55182 Jönköping

Tel: (46 -36) 15 50 00

Fax: (46-36) 19 05 46

| — | The Rural Payments Agency |
| --- | --- |
| Lancaster House |
| Hampshire Court |
| Newcastle-upon-Tyne NE4 7YE |
| United Kingdom |
| Tel: (44 191) 226 50 79 |
| Fax: (44 191) 226 18 39 |

—

The Rural Payments Agency

Lancaster House

Hampshire Court

Newcastle-upon-Tyne NE4 7YE

United Kingdom

Tel: (44 191) 226 50 79

Fax: (44 191) 226 18 39

| 3. | Tenders not submitted by telex, telegram, fax or e-mail message must reach the address concerned in double sealed envelopes. The inner envelope, also sealed, must carry the words: ‘Tender under standing invitation to tender to determine levies and/or refunds on exports of white sugar, No 1/2004 — Confidential’. |
| --- | --- |

3.

Tenders not submitted by telex, telegram, fax or e-mail message must reach the address concerned in double sealed envelopes. The inner envelope, also sealed, must carry the words: ‘Tender under standing invitation to tender to determine levies and/or refunds on exports of white sugar, No 1/2004 — Confidential’.

| 4. | Tenders shall be valid only if the following conditions are met:






  (a) | tenders shall contain:






  (i) | the procedure to which the tender relates (No 1/2004); |
| --- | --- | --- | --- |

4.

Tenders shall be valid only if the following conditions are met:

(a)

tenders shall contain:

(i)

the procedure to which the tender relates (No 1/2004);

| (ii) | the name and address of the tenderer; |
| --- | --- |

(ii)

the name and address of the tenderer;

| (iii) | the quantity of white sugar to be exported; |
| --- | --- |

(iii)

the quantity of white sugar to be exported;

| (iv) | the amount of the export levy or, where applicable, of the export refund, per 100 kilograms of white sugar, expressed in euro to three decimal places; |
| --- | --- |

(iv)

the amount of the export levy or, where applicable, of the export refund, per 100 kilograms of white sugar, expressed in euro to three decimal places;

| (v) | the amount of the security to be lodged covering the quantity of sugar indicated in (iii), expressed in the currency of the Member State in which the tender is submitted; |
| --- | --- |

(v)

the amount of the security to be lodged covering the quantity of sugar indicated in (iii), expressed in the currency of the Member State in which the tender is submitted;

| (b) | before the expiry of the time limit for the submission of tenders, the security referred to under IV, or proof that this security has been lodged, has been furnished to one of the addresses listed under III.2.1 chosen by the tenderer for the submission of the tender; |
| --- | --- |

(b)

before the expiry of the time limit for the submission of tenders, the security referred to under IV, or proof that this security has been lodged, has been furnished to one of the addresses listed under III.2.1 chosen by the tenderer for the submission of the tender;

| (c) | the quantity to be exported is not less than 250 tonnes of white sugar; |
| --- | --- |

(c)

the quantity to be exported is not less than 250 tonnes of white sugar;

| (d) | tenders include a declaration by the tenderer that if their tender is successful they undertake to apply within the time limit specified under V.6.1(b) for an export licence or licences in respect of the quantities of white sugar to be exported; |
| --- | --- |

(d)

tenders include a declaration by the tenderer that if their tender is successful they undertake to apply within the time limit specified under V.6.1(b) for an export licence or licences in respect of the quantities of white sugar to be exported;

| (e) | tenders include a declaration by the tenderer that the product for exports is white sugar of fair, sound and marketable quality, falling within CN code 1701 99 10; |
| --- | --- |

(e)

tenders include a declaration by the tenderer that the product for exports is white sugar of fair, sound and marketable quality, falling within CN code 1701 99 10;

| (f) | tenders include a declaration by the tenderer that if their tender is successful they will:






  (i) | where the obligation to export resulting from the export licence referred to under V.6.1(b) is not fulfilled, supplement the security by the payment of the amount referred to in VI.3, |
| --- | --- | --- |

(f)

tenders include a declaration by the tenderer that if their tender is successful they will:

(i)

where the obligation to export resulting from the export licence referred to under V.6.1(b) is not fulfilled, supplement the security by the payment of the amount referred to in VI.3,

| (ii) | within 30 days following the expiry of the export licence in question, notify the authority which issued the licence of the quantity or quantities in respect of which the licence was not used. |
| --- | --- |

(ii)

within 30 days following the expiry of the export licence in question, notify the authority which issued the licence of the quantity or quantities in respect of which the licence was not used.

| 5. | The tender, as well as the proofs and declarations referred to in points 3 and 4, must be in the official language, or one of the official languages, of the Member State in which the tender is submitted. |
| --- | --- |

5.

The tender, as well as the proofs and declarations referred to in points 3 and 4, must be in the official language, or one of the official languages, of the Member State in which the tender is submitted.

| 6. | A tender which is not submitted in accordance with this notice, or which contains terms other than those in this notice, will not be considered. |
| --- | --- |

6.

A tender which is not submitted in accordance with this notice, or which contains terms other than those in this notice, will not be considered.

| 7. | Once submitted, a tender may not be withdrawn. |
| --- | --- |

7.

Once submitted, a tender may not be withdrawn.

| 8. | A tender may stipulate that it is to be regarded as having been submitted only if one or both of the following conditions is/are met:






  (a) | the minimum export levy or, where applicable, the maximum export refund is fixed on the day of the expiry of the period for the submission of the tenders in question; |
| --- | --- | --- |

8.

A tender may stipulate that it is to be regarded as having been submitted only if one or both of the following conditions is/are met:

(a)

the minimum export levy or, where applicable, the maximum export refund is fixed on the day of the expiry of the period for the submission of the tenders in question;

| (b) | the tender, if successful, relates to all or a specified part of the tendered quantity. |
| --- | --- |

(b)

the tender, if successful, relates to all or a specified part of the tendered quantity.

IV.   Security

| 1.1. | A security of EUR 11 per 100 kilograms of white sugar to be exported under this invitation to tender must be lodged by each tenderer. |
| --- | --- |

1.1.

A security of EUR 11 per 100 kilograms of white sugar to be exported under this invitation to tender must be lodged by each tenderer.

| 1.2. | Without prejudice to VI.3, the security referred to in I.1 shall in the case of successful tenderers and at the time of the application referred to in V.6.1(b) become the security for the export licence. |
| --- | --- |

1.2.

Without prejudice to VI.3, the security referred to in I.1 shall in the case of successful tenderers and at the time of the application referred to in V.6.1(b) become the security for the export licence.

| 2.1. | The security referred to in point 1.1 may be lodged at the tenderer's choice, either in cash or in the form of a guarantee given by a bank approved by the Member State concerned and expressed in the currency of that Member State. The guarantee must be made out in favour of the competent authority concerned. |
| --- | --- |

2.1.

The security referred to in point 1.1 may be lodged at the tenderer's choice, either in cash or in the form of a guarantee given by a bank approved by the Member State concerned and expressed in the currency of that Member State. The guarantee must be made out in favour of the competent authority concerned.

| 2.2. | However, for a tender submitted to the competent authority in Germany, the security must be in favour of the Federal Republic of Germany. For a tender submitted to the competent authority in the other Member States, the guarantee may also be given by a financial institution approved by the Member State concerned. The guarantee must be made out in the official language, or in one of the official languages, of the Member State in which the tender is submitted. |
| --- | --- |

2.2.

However, for a tender submitted to the competent authority in Germany, the security must be in favour of the Federal Republic of Germany. For a tender submitted to the competent authority in the other Member States, the guarantee may also be given by a financial institution approved by the Member State concerned. The guarantee must be made out in the official language, or in one of the official languages, of the Member State in which the tender is submitted.

| 3.1. | Except in the event of force majeure the security referred to in point 1.1 shall be released:






  (a) | to unsuccessful tenderers in respect of the quantity for which no award has been made; |
| --- | --- | --- |

3.1.

Except in the event of force majeure the security referred to in point 1.1 shall be released:

(a)

to unsuccessful tenderers in respect of the quantity for which no award has been made;

| (b) | to successful tenderers who have not applied for their export licence within the period laid down in V.6.1(b), to the extent of EUR 10 per 100 kilograms of white sugar. |
| --- | --- |

(b)

to successful tenderers who have not applied for their export licence within the period laid down in V.6.1(b), to the extent of EUR 10 per 100 kilograms of white sugar.

| (c) | to successful tenderers, for the quantity for which they have fulfilled, within the meaning of Article 31(b) and the first subparagraph of Article 32(1)(b)(i) of Regulation (EC) No 1291/2000 (3), the export obligation resulting from the licence referred to in V.6.1(b) in accordance with the terms of Article 35 of that Regulation. |
| --- | --- |

(c)

to successful tenderers, for the quantity for which they have fulfilled, within the meaning of Article 31(b) and the first subparagraph of Article 32(1)(b)(i) of Regulation (EC) No 1291/2000 (3), the export obligation resulting from the licence referred to in V.6.1(b) in accordance with the terms of Article 35 of that Regulation.

In the case referred to under (b) of the first subparagraph, the releasable part of the security shall be reduced, as applicable, by:

| (a) | the difference between the maximum amount of the export refund fixed for the partial invitation concerned and the maximum amount of the export refund fixed for the following partial invitation, when the latter amount is higher than the former; |
| --- | --- |

(a)

the difference between the maximum amount of the export refund fixed for the partial invitation concerned and the maximum amount of the export refund fixed for the following partial invitation, when the latter amount is higher than the former;

| (b) | the difference between the minimum amount of the export levy fixed for the partial invitation concerned and the minimum amount of the export levy fixed for the following partial invitation, when the latter amount is lower than the former. |
| --- | --- |

(b)

the difference between the minimum amount of the export levy fixed for the partial invitation concerned and the minimum amount of the export levy fixed for the following partial invitation, when the latter amount is lower than the former.

| 3.2. | The part of the security or the security which is not released shall be forfeit in respect of the quantity of sugar for which the corresponding obligations have not been fulfilled. |
| --- | --- |

3.2.

The part of the security or the security which is not released shall be forfeit in respect of the quantity of sugar for which the corresponding obligations have not been fulfilled.

| 4. | In cases of force majeure, the competent authority of the Member State concerned shall take such action for the release of the security as it considers necessary having regard to the circumstances invoked by the party concerned. |
| --- | --- |

4.

In cases of force majeure, the competent authority of the Member State concerned shall take such action for the release of the security as it considers necessary having regard to the circumstances invoked by the party concerned.

V.   Award of contracts

| 1. | After examination of the tenders, a maximum quantity may be fixed for each of the partial invitations to tender. |
| --- | --- |

1.

After examination of the tenders, a maximum quantity may be fixed for each of the partial invitations to tender.

| 2. | A decision may be taken to make no award under a specific partial invitation to tender. |
| --- | --- |

2.

A decision may be taken to make no award under a specific partial invitation to tender.

| 3.1. | Except where point 2 applies and without prejudice to points 4 and 5, where a minimum export levy is fixed an award will be made to the tenderer or tenderers who quote either the same levy as the minimum levy or a higher figure. |
| --- | --- |

3.1.

Except where point 2 applies and without prejudice to points 4 and 5, where a minimum export levy is fixed an award will be made to the tenderer or tenderers who quote either the same levy as the minimum levy or a higher figure.

| 3.2. | Except where point 2 applies, and without prejudice to points 4 and 5, where a maximum export refund is fixed, an award will be made to the tenderer or tenderers who quote either the same refund as the maximum refund or a lower figure, or to every tenderer quoting an export levy. |
| --- | --- |

3.2.

Except where point 2 applies, and without prejudice to points 4 and 5, where a maximum export refund is fixed, an award will be made to the tenderer or tenderers who quote either the same refund as the maximum refund or a lower figure, or to every tenderer quoting an export levy.

| 4. | Where a maximum quantity has been fixed for a partial invitation to tender and if a minimum export levy is fixed, a contract shall be awarded to the tenderer whose tender quotes the highest export levy; if the maximum quantity is not fully covered by that award, awards shall be made to other tenderers in descending order of export levies quoted until the entire maximum quantity has been accounted for.
  Where a maximum quantity has been fixed for a partial invitation to tender and if a maximum export refund is fixed, contracts shall be awarded in accordance with the first subparagraph; if after such awards a quantity is still outstanding, or if there are no tenders quoting an export levy, awards shall be made to tenderers quoting an export refund in ascending order of export refunds quoted until the entire maximum quantity has been accounted for. |
| --- | --- |

4.

Where a maximum quantity has been fixed for a partial invitation to tender and if a minimum export levy is fixed, a contract shall be awarded to the tenderer whose tender quotes the highest export levy; if the maximum quantity is not fully covered by that award, awards shall be made to other tenderers in descending order of export levies quoted until the entire maximum quantity has been accounted for.

Where a maximum quantity has been fixed for a partial invitation to tender and if a maximum export refund is fixed, contracts shall be awarded in accordance with the first subparagraph; if after such awards a quantity is still outstanding, or if there are no tenders quoting an export levy, awards shall be made to tenderers quoting an export refund in ascending order of export refunds quoted until the entire maximum quantity has been accounted for.

| 5.1. | the maximum quantity being exceeded, that award shall be limited to such quantity as is still available. |
| --- | --- |

5.1.

the maximum quantity being exceeded, that award shall be limited to such quantity as is still available.

| 5.2. | Where offers quote the same export levy or refund and would, if accepted for the full quantity in respect of which they have been submitted, cause the maximum quantity to be exceeded, awards will be made:






  (a) | either pro rata to the total quantities specified in each of the tenders, or |
| --- | --- | --- |

5.2.

Where offers quote the same export levy or refund and would, if accepted for the full quantity in respect of which they have been submitted, cause the maximum quantity to be exceeded, awards will be made:

(a)

either pro rata to the total quantities specified in each of the tenders, or

| (b) | by apportionment among the successful tenderers, up to a maximum tonnage to be fixed, or |
| --- | --- |

(b)

by apportionment among the successful tenderers, up to a maximum tonnage to be fixed, or

| (c) | by drawing lots. |
| --- | --- |

(c)

by drawing lots.

| 6.1. | The successful tenderer will have:






  (a) | the right to receive in the circumstances referred to under (b), in respect of the quantity for which an award has been made, an export licence specifying, as appropriate, the export levy or refund quoted in the tender; |
| --- | --- | --- |

6.1.

The successful tenderer will have:

(a)

the right to receive in the circumstances referred to under (b), in respect of the quantity for which an award has been made, an export licence specifying, as appropriate, the export levy or refund quoted in the tender;

| (b) | the obligation to lodge an application for an export licence in respect of that quantity not later than one of the following dates:






  (a) | the last working day preceding the date of the partial invitation to tender to be held in the following week, |
| --- | --- | --- |

(b)

the obligation to lodge an application for an export licence in respect of that quantity not later than one of the following dates:

(a)

the last working day preceding the date of the partial invitation to tender to be held in the following week,

| (b) | if no partial invitation to tender is to be held that week, the last working day of the following week; |
| --- | --- |

(b)

if no partial invitation to tender is to be held that week, the last working day of the following week;

| (c) | the obligation to export the tendered quantity and if this obligation is not fulfilled in accordance with Article 31(b) and Article 32(1)(b)(i) of Regulation (EC) No 1291/2000, to pay, where applicable, the amount referred to in VI.3. |
| --- | --- |

(c)

the obligation to export the tendered quantity and if this obligation is not fulfilled in accordance with Article 31(b) and Article 32(1)(b)(i) of Regulation (EC) No 1291/2000, to pay, where applicable, the amount referred to in VI.3.

| 6.2. | This right and these obligations are not transferable. |
| --- | --- |

6.2.

This right and these obligations are not transferable.

| 7.1. | The competent authority in the Member State concerned will immediately notify all applicants of the result of their participation in the invitation to tender. In addition, that authority will send the successful tenderers a statement of award. |
| --- | --- |

7.1.

The competent authority in the Member State concerned will immediately notify all applicants of the result of their participation in the invitation to tender. In addition, that authority will send the successful tenderers a statement of award.

| 7.2. | Statements of award will indicate, inter alia:






  (a) | the reference number of the invitation to tender (No 1/2004); |
| --- | --- | --- |

7.2.

Statements of award will indicate, inter alia:

(a)

the reference number of the invitation to tender (No 1/2004);

| (b) | the quantity of white sugar to be exported; |
| --- | --- |

(b)

the quantity of white sugar to be exported;

| (c) | the export levy to be charged, or the export refund to be granted, expressed in EUR per 100 kilograms of white sugar of the quantity referred to in (b). |
| --- | --- |

(c)

the export levy to be charged, or the export refund to be granted, expressed in EUR per 100 kilograms of white sugar of the quantity referred to in (b).

VI.   Export licences

| 1. | The first subparagraph of Article 9 of Regulation (EC) No 1464/95 (4) and Article 12 of Regulation (EEC) No 120/89 (5) shall not apply to white sugar exported in accordance with this notice. |
| --- | --- |

1.

The first subparagraph of Article 9 of Regulation (EC) No 1464/95 (4) and Article 12 of Regulation (EEC) No 120/89 (5) shall not apply to white sugar exported in accordance with this notice.

| 2.1. | Export licences issued in connection with a partial invitation to tender shall be valid from the day of issue until the end of the fifth calendar month following that in which the partial invitation was issued. |
| --- | --- |

2.1.

Export licences issued in connection with a partial invitation to tender shall be valid from the day of issue until the end of the fifth calendar month following that in which the partial invitation was issued.

| 2.2. | However, export licences issued in respect of the partial invitations held after 1 May 2005 shall be valid only until 30 September 2005.
  Should technical difficulties arise which prevent export being carried out by the expiry date referred to in the first subparagraph above, the competent authorities in the Member State which issued the export licence may, at the written request of the holder of that licence, extend its validity to 15 October 2005 at the latest, provided that export is not subject to the rules laid down in Articles 4 or 5 of Council Regulation (EEC) No 565/80 (6). |
| --- | --- |

2.2.

However, export licences issued in respect of the partial invitations held after 1 May 2005 shall be valid only until 30 September 2005.

Should technical difficulties arise which prevent export being carried out by the expiry date referred to in the first subparagraph above, the competent authorities in the Member State which issued the export licence may, at the written request of the holder of that licence, extend its validity to 15 October 2005 at the latest, provided that export is not subject to the rules laid down in Articles 4 or 5 of Council Regulation (EEC) No 565/80 (6).

| 2.3. | The export licences issued in respect of the partial invitations held between 29 July and 30 September 2004 shall be usable only from 1 October 2004. |
| --- | --- |

2.3.

The export licences issued in respect of the partial invitations held between 29 July and 30 September 2004 shall be usable only from 1 October 2004.

| 3. | Except in cases of force majeure, the licence holder shall pay the competent body a specified amount for the quantity for which the obligation to export resulting from the export licence applied for is not fulfilled in accordance with Articles 31(b) and 32(1)(b)(i) of Regulation (EC) No 1291/2000 and where the security referred to in IV.1.1. is less than the figure produced by one of the following calculations:






  (a) | the export levy indicated on the licence, less the levy referred to in the second subparagraph of Article 33(1) of Regulation (EC) No 1260/2001 in force on the last day of validity of the said licence; |
| --- | --- | --- |

3.

Except in cases of force majeure, the licence holder shall pay the competent body a specified amount for the quantity for which the obligation to export resulting from the export licence applied for is not fulfilled in accordance with Articles 31(b) and 32(1)(b)(i) of Regulation (EC) No 1291/2000 and where the security referred to in IV.1.1. is less than the figure produced by one of the following calculations:

(a)

the export levy indicated on the licence, less the levy referred to in the second subparagraph of Article 33(1) of Regulation (EC) No 1260/2001 in force on the last day of validity of the said licence;

| (b) | the sum of the export levy indicated on the licence and the refund referred to in Article 28(2) of Regulation (EC) No 1260/2001 in force on the last day of validity of the said licence; |
| --- | --- |

(b)

the sum of the export levy indicated on the licence and the refund referred to in Article 28(2) of Regulation (EC) No 1260/2001 in force on the last day of validity of the said licence;

| (c) | the export refund referred to in Article 28(2) of Regulation (EC) No 1260/2001 in force on the last day of validity of the licence, less the refund indicated on the said licence, |
| --- | --- |

(c)

the export refund referred to in Article 28(2) of Regulation (EC) No 1260/2001 in force on the last day of validity of the licence, less the refund indicated on the said licence,

The amount to be paid referred to in the first paragraph shall be equal to the difference between the result of the valuation made under (a), (b) or (c), as the case may be, and the security referred to in Article IV, point 1.1.

| 4. | For this standing invitation, the cancellation procedure provided for in Article 13(2) of Regulation (EC) No 1291/2000 cannot be invoked. |
| --- | --- |

4.

For this standing invitation, the cancellation procedure provided for in Article 13(2) of Regulation (EC) No 1291/2000 cannot be invoked.

VII.   Disputes

Any dispute between the successful tenderer and the competent authority to whom the tender was submitted will

| 1. | fall exclusively within the jurisdiction:






  — | of the courts of Brussels, as court of last instance, in the case of the BIRB, |
| --- | --- | --- |

1.

fall exclusively within the jurisdiction:

—

of the courts of Brussels, as court of last instance, in the case of the BIRB,

| — | of the courts of Prague, in the case of the SZIF, |
| --- | --- |

—

of the courts of Prague, in the case of the SZIF,

| — | of the courts of Copenhagen, in the case of the ‘Direktoratet for Fødevare Erhverv’, |
| --- | --- |

—

of the courts of Copenhagen, in the case of the ‘Direktoratet for Fødevare Erhverv’,

| — | of the courts of Frankfurt am Main, in the case of BLE, |
| --- | --- |

—

of the courts of Frankfurt am Main, in the case of BLE,

| — | of the administrative court of Tartu (Tartu halduskohus), in the case of the PRIA, |
| --- | --- |

—

of the administrative court of Tartu (Tartu halduskohus), in the case of the PRIA,

| — | of the courts of Athens, in the case of OPEKEPE, |
| --- | --- |

—

of the courts of Athens, in the case of OPEKEPE,

| — | of the courts of Madrid, in the case of FEGA, |
| --- | --- |

—

of the courts of Madrid, in the case of FEGA,

| — | of the Tribunal de Grande Instance de Paris, in all instances, even proceedings involving the introduction of third parties and proceedings involving several defendants, in case of FIRS, |
| --- | --- |

—

of the Tribunal de Grande Instance de Paris, in all instances, even proceedings involving the introduction of third parties and proceedings involving several defendants, in case of FIRS,

| — | of the courts of Rome, in the case of the AGEA, |
| --- | --- |

—

of the courts of Rome, in the case of the AGEA,

| — | of the courts of Cyprus, in the case of the KOAP, |
| --- | --- |

—

of the courts of Cyprus, in the case of the KOAP,

| — | of the courts of Riga, in the case of the LAD, |
| --- | --- |

—

of the courts of Riga, in the case of the LAD,

| — | of the courts of Vilnius, in the case of the ‘Užsienio Prekybos Departamentas’, |
| --- | --- |

—

of the courts of Vilnius, in the case of the ‘Užsienio Prekybos Departamentas’,

| — | of the administrative court of Luxembourg, in the case of the ‘Office des Licences’, |
| --- | --- |

—

of the administrative court of Luxembourg, in the case of the ‘Office des Licences’,

| — | of the courts of Budapest, in the case of the MVH, |
| --- | --- |

—

of the courts of Budapest, in the case of the MVH,

| — | of the internal office of arbitration, in the case of the AP, |
| --- | --- |

—

of the internal office of arbitration, in the case of the AP,

| — | of the ‘College van Beroep voor het Bedrijfsleven’, Juliana van Stolberlaan 2, The Hague, in the case of the HPA, |
| --- | --- |

—

of the ‘College van Beroep voor het Bedrijfsleven’, Juliana van Stolberlaan 2, The Hague, in the case of the HPA,

| — | of the courts of Vienna, in the case of the AMA, |
| --- | --- |

—

of the courts of Vienna, in the case of the AMA,

| — | of the Wojewódzki Sąd Administracyjny in Warsaw, in the case of the ARR, |
| --- | --- |

—

of the Wojewódzki Sąd Administracyjny in Warsaw, in the case of the ARR,

| — | of the ‘da Comarca’ court of Lisbon, in the case of the Ministério das Finanças, |
| --- | --- |

—

of the ‘da Comarca’ court of Lisbon, in the case of the Ministério das Finanças,

| — | of the courts of Ljubljana, in the case of the Agencija Republike Slovenije za kmetijske trge in razvoj podeželja, |
| --- | --- |

—

of the courts of Ljubljana, in the case of the Agencija Republike Slovenije za kmetijske trge in razvoj podeželja,

| — | of the Ministry of Agriculture of the Slovak Republic, Agriculture and Trade Section, in the case of the PPA, |
| --- | --- |

—

of the Ministry of Agriculture of the Slovak Republic, Agriculture and Trade Section, in the case of the PPA,

| — | of the Uudenmaan lääninoikeus court, in the case of the Maa-ja metsätalousministeriö, interventioyksikö; |
| --- | --- |

—

of the Uudenmaan lääninoikeus court, in the case of the Maa-ja metsätalousministeriö, interventioyksikö;

| 2. | be settled:






  — | according to Irish law, in the case of ISIA, |
| --- | --- | --- |

2.

be settled:

—

according to Irish law, in the case of ISIA,

| — | according to English law, in the case of the RPA, |
| --- | --- |

—

according to English law, in the case of the RPA,

| — | according to Swedish law, in the case of SJV. |
| --- | --- |

—

according to Swedish law, in the case of SJV.

---

(1)  OJ L 178, 30.6.2001, p. 1.

(2)  OJ L 246, 20.7.2004, p. 23.

(3)  OJ L 152, 24.6.2000, p. 1.

(4)  OJ L 144, 28.6.1995, p. 14. Regulation as last amended by Regulation (EC) No 995/2002 (OJ L 152, 12.6.2002, p. 11).

(5)  OJ L 16, 20.1.1989, p. 19. Regulation as last amended by Regulation (EC) No 2194/96 (OJ L 293, 16.11.1996, p. 3).

(6)  OJ L 62, 7.3.1980, p. 5.

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