Commission Regulation (EC) No 900/2007 of 27 July 2007 on a standing invitation to tender to determine refunds on exports of white sugar until the end of the 2007/2008 marketing year
Date: 2007-07-27
Institutions: European Commission
Subjects: award of contract, export refund, marketing, white sugar

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Official Journal of the European Union

28.7.2007

COMMISSION REGULATION (EC) No 900/2007

of 27 July 2007

on a standing invitation to tender to determine refunds on exports of white sugar until the end of
the 2007/2008 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 318/2006 of
20 February 2006 on the common organisation of
the
markets in the sugar sector (1), and in particular Articles 23(4)
and 40(1)(g) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

In view of the situation on the Community and world
sugar markets, a standing invitation to tender should be
opened for the export of white sugar until the end of the
2007/2008 marketing year which, having regard to
possible fluctuations in world prices for sugar, must
provide for the determination of export refunds.

The general rules governing invitations to tender for the
purpose of determining export refunds for sugar estab-
lished by Article 32 of Regulation (EC) No 318/2006
should be applied.

In order to prevent any abuse associated with the re-
import or re-introduction into the Community of sugar
sector products that have qualified for export refunds, no
export refund should be fixed for the countries of the
western Balkans.

In line with Articles 32 and 33 of Council Regulation
(EC) No 318/2006, export refunds may be set to cover
the competitive gap between Community and third
countries' exports. Community exports to certain close
destinations and to third countries granting Community
products a preferential import treatment are currently in
a particular favourable competitive position. Therefore,
refunds for exports to those destinations should be
abolished.

In view of the specific nature of the operation, appro-
priate provisions should be laid down with regard to
export licences issued in connection with the standing
the
invitation to tender,
deadline for the issue of the licences, their period of

in particular

regards

as

(1) OJ L 58, 28.2.2006, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 247/2007 (OJ L 69, 9.3.2007,
p. 3).

Regulation

Commission

validity, the amount of the security and the quantity for
which the obligation to export resulting from the licence
(EC)
is met. However,
No 1291/2000 of 9 June 2000 laying down common
detailed rules for the application of the system of import
and export licences and advance fixing certificates for
agricultural products (2) and Commission Regulation
(EEC) No 120/89 of 19 January 1989 laying down
common detailed rules
the
for
levies and charges on agricultural products (3)
export
must continue to apply.

the application of

(6)

The provisions of this Regulation replace, as regards the
partial invitations to tender as from August 2007, those
of Commission Regulation (EC) No 958/2006 of 28 June
2006 on a standing invitation to tender to determine
refunds on exports of white sugar for the 2006/2007
marketing year (4). For the sake of
transparency and
legal
that Regulation should be
therefore,
repealed with effect from 1 August 2007.

clarity,

(7)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

1.
A standing invitation to tender shall be opened in order to
determine export refunds on white sugar covered by CN code
1701 99 10 for all destinations excluding Andorra, Gibraltar,
Ceuta, Melilla, the Holy See (Vatican City State), Liechtenstein,
Communes of Livigno and Campione d'Italia, Heligoland,
Greenland, Faroe Islands,
the areas of Cyprus in which the
Government of
the Republic of Cyprus does not exercise
effective control, Albania, Croatia, Bosnia and Herzegovina,
Serbia (5), Montenegro and the former Yugoslav Republic of
Macedonia. During the period of validity of this standing invi-
tation, partial invitations to tender shall be issued.

The standing invitation to tender shall be open until

2.
25 September 2008.

(2) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

(3) OJ L 16, 20.1.1989, p. 19. Regulation as last amended by Regu-

lation (EC) No 1847/2006 (OJ L 355, 15.12.2006, p. 21).

(4) OJ L 175, 29.6.2006, p. 49. Regulation as last amended by Regu-

lation (EC) No 203/2007 (OJ L 61, 28.2.2007, p. 2).

(5) Including Kosovo, under

the United Nations,
pursuant to UN Security Council Resolution 1244 of 10 June 1999.

the auspices of

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Article 2

Article 4

1.
The notice of invitation to tender shall be published in the
Official Journal of the European Union. On this basis, the Member
States shall draw up a notice of invitation to tender which they
may publish or have published elsewhere.

1.
Tenders in connection with this tendering procedure shall
be addressed to the competent authority in a Member State by
fax or electronic mail provided the competent agency accepts
these forms of transmission.

The notice shall indicate,

2.
invitation to tender.

in particular, the terms of the

3.
The notice may be amended during the period of validity
of the standing invitation to tender. It shall be so amended if
the terms of the invitation to tender are modified during that
period.

The competent authorities of the Member State may require that
electronic tenders be accompanied by an advance electronic
signature within the meaning of Directive 1999/93/EC of the
European Parliament and of the Council (1).

Tenders shall be valid only if the following conditions are

2.
met:

Article 3

The period during which tenders may be submitted in

1.
response to the first partial invitation to tender shall:

(a) Tenders shall indicate:

(a) begin on 1 August 2007;

(i) the procedure to which the tender relates (No 1/2007)

and the partial invitation;

(b) end on 9 August 2007 at 10.00, Brussels local time.

(ii) the name, address and VAT number of the tenderer;

2.
The periods during which tenders may be submitted in
response to the second and subsequent partial invitations shall:

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

(a) begin on the first working day following the end of the

preceding period;

(iv) the amount of the export refund, per 100 kilograms of
white sugar, expressed in euro to three decimal places;

(b) end at 10.00, Brussels local time, on:

— 30 August 2007,

— 13 and 27 September 2007,

— 11 and 25 October 2007,

— 8 and 22 November 2007,

— 6 and 20 December 2007,

— 10 and 31 January 2008,

— 14 and 28 February 2008,

— 13 and 27 March 2008,

— 10 and 24 April 2008,

— 8 and 29 May 2008,

— 12 and 26 June 2008,

— 10 and 24 July 2008,

— 7 and 28 August 2008,

(v) the amount of the security to be lodged in accordance
sugar
the

with Article 5(1) covering the quantity of
indicated in (iii), expressed in the currency of
Member State in which the tender is submitted;

(b) proof is furnished before expiry of the time-limit for the
the tenderer has lodged the

tenders that

submission of
security indicated in the tender;

(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 will, within the period laid down in
the second subparagraph of Article 11(2), apply for an
export licence or licences in respect of the quantities of
white sugar to be exported;

— 11 and 25 September 2008.

(1) OJ L 13, 19.1.2000, p. 12.

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(e)

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

the
fair, sound and

that

3.

The security referred to in paragraph 1 shall be released:

(f)

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

(a)

in the case of unsuccessful
quantity for which no award has been made;

tenderers in respect of

the

(i) where the obligation to export resulting from the export
fulfilled,
the

licence referred to in Article 11(2)
supplement
amount referred to in Article 12(3);

security by the payment of

is not

the

(b) in the case of successful tenderers who have not applied for
the relevant export licence within the period referred to in
the second subparagraph of Article 11(2), at a rate of EUR
10 per 100 kilograms of white sugar;

(ii) within 30 days following the expiry of

the export
licence in question, notify the agency which issued the
licence of the quantity or quantities in respect of which
the licence was not used.

(c)

in the case of successful tenderers for the quantity for which
they have fulfilled, within the meaning of Articles 31(b) and
32(1)(b)(i) of Regulation (EC) No 1291/2000, the export
obligation resulting from the licence referred to in Article
11(2) of this Regulation in accordance with the terms of
Article 35 of Regulation (EC) No 1291/2000.

A tender which is not submitted in accordance with para-
3.
graphs 1 and 2, or which contains conditions other than those
indicated in the present
invitation to tender, shall not be
considered.

4.

Once submitted, a tender may not be withdrawn.

5.
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 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.

Article 5

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.

Without prejudice to Article 12(3), where a tender is successful
this security shall become the security for the export licence at
the time of the application referred to in Article 11(2).

2.
The security referred to in paragraph 1 may be lodged at
the tenderer’s choice, either in cash or in the form of a
guarantee given by an establishment complying with criteria
laid down by the Member State in which the tender
is
submitted.

In the case referred to under (b) of the first subparagraph, the
releasable part of the security shall be reduced, as applicable, by
the difference between the maximum amount of the export
invitation concerned and the
refund fixed for
maximum amount of
the
export
following partial
invitation, when the latter amount is higher
than the former.

the partial
the

refund fixed for

Except in cases of force majeure, 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.

In cases of force majeure, the competent authority of the
4.
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.

Article 6

1.
Tenders shall be examined in private by the competent
authority concerned. The persons present at the examination
shall be under an obligation not to disclose any particulars
relating thereto.

2.
Tenders submitted in accordance with this Regulation
shall be communicated, if eligible, to the Commission by the
Member States without the tenderers being mentioned by name
and must be received by the Commission within one hour and
thirty minutes of the expiry of the deadline for the weekly
submission of tenders stipulated in the notice of invitation to
tender.

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Where no tenders are submitted, the Member States shall notify
the Commission of this within the same time-limit.

Article 7

the

After

1.
maximum quantity may be fixed for the partial
concerned.

received have been examined,

a
invitation

tenders

Article 10

1.
The competent authority of the Member State concerned
shall immediately notify applicants of the result of their parti-
cipation in the invitation to tender. It shall also send statements
of award to the successful tenderers.

2.

Statements of award shall indicate at least:

A decision may be taken to make no award under a

2.
specific partial invitation to tender.

(a)

the procedure to which the tender relates;

Article 8

If the Commission decides to make an award under the
1.
partial tendering procedure, it shall fix, in accordance with the
procedure referred to in Article 39(2) of Regulation (EC)
No 318/2006, the maximum amount of the export refund.
This amount shall be fixed in the light of the current state
the Community and world
and foreseeable development of
sugar markets.

shall be
2. Without prejudice to Article 9, a contract
awarded to every tenderer whose tender quotes a rate of
refund equal to or less than such maximum refund.

Article 9

1. Where a maximum quantity has been fixed for a partial
invitation to tender, contracts shall be awarded to the tenderer
the maximum
whose tender quotes
quantity is not fully covered by that award, awards shall be
made to other tenderers in ascending order of export refunds
quoted until the entire maximum quantity has been accounted
for.

the lowest

refund.

If

2. Where an award to a particular tenderer in accordance
with paragraph 1 would result
in the maximum quantity
being exceeded, that award shall be limited to such quantity
as is still available. Where two or more tenders quote the
same refund, and awards to all of them would result in the
maximum quantity being exceeded, the quantity available shall
be allocated to the tenderers concerned in one of the following
ways:

(a) by division among the tenderers concerned in proportion to

the total quantities in each of their tenders; or

(b) by apportionment among the tenderers concerned by
reference to a maximum tonnage to be fixed for each of
them; or

(c) by drawing of lots.

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

(c)

the amount, expressed in euro, of the export refund to be
granted per 100 kilograms of white sugar of the quantity
referred to in (b).

Article 11

1.
Every successful tenderer shall have the right to receive, in
the circumstances referred to in paragraph 2, an export licence
covering the quantity awarded,
indicating the export refund
quoted in the tender.

2.
in
Every successful tenderer shall be obliged to lodge,
accordance with the relevant provisions of Regulation (EC)
No 1291/2000, an application for an export
licence in
respect of the quantity that has been awarded to it, the appli-
cation not being revocable in derogation from Article 12 of
Regulation (EEC) No 120/89.

The application shall be lodged not later than:

(a)

the last working day preceding the date of the partial invi-
tation to tender to be held the following week;

(b) if no partial invitation to tender is due to be held that week,

the last working day of the following week.

3.
Every successful tenderer shall be obliged to export the
tendered quantity and, if this obligation is not fulfilled, to pay,
where necessary, the amount referred to in Article 12(3).

The rights and obligations referred to in paragraphs 1, 2

4.
and 3 shall not be transferable.

Article 12

1.
For the purposes of determining the period of validity of
the licences, Article 23(1) of Regulation (EC) No 1291/2000
shall apply.

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Export licences issued in connection with a partial invi-
2.
tation 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.

The amount to be paid referred to in the first subparagraph
shall be equal to the difference between the difference referred
to in the first subparagraph and the security referred to in
Article 5(1).

Except in cases of force majeure, the holder of the licence
3.
shall pay the competent authority a specific amount in respect
of the quantity for which the obligation to export resulting
from the export licence referred to in Article 11(2) has not
been fulfilled, if the security referred to in Article 5(1) is less
than the difference between the export refund referred to in
Article 33(2)(a) of Regulation (EC) No 318/2006 in force on
the last day of validity of the licence, and the refund indicated
on that licence.

Article 13

Regulation (EC) No 958/2006 is hereby repealed with effect
from 1 August 2007.

Article 14

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

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

Done at Brussels, 27 July 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission