CELEX: 31982R1496
Language: en
Date: 1982-06-12
Title: Commission Regulation (EEC) No 1496/82 of 10 June 1982 amending Regulations (EEC) No 2041/81, (EEC) No 2042/81 and (EEC) No 2235/81 on standing invitations to tender for the export of sugar for the 1981/82 marketing year

12. 6 . 82                               Official Journal of the European Communities                            No L 161 /5
                                     COMMISSION REGULATION (EEC) No 1496/82
                                                         of 10 June 1982
                amending Regulations (EEC) No 2041 /81 , (EEC) No 2042/81 and (EEC) No
                2235/81 on standing invitations to tender for the export of sugar for the 1981/82
                                                          marketing year
 THE COMMISSION OF THE EUROPEAN                                      compensatory amounts (10) provides that, where the
 COMMUNITIES,                                                        levy or refund is fixed by means of tenders, applica­
                                                                     tions to fix the monetary compensatory amount in
 Having regard to the Treaty establishing the European               advance shall be accepted only if the party concerned
 Economic Community,                                                 has declared in writing at the time of submission of
                                                                    the tender that he will also apply to fix the monetary
                                                                    compensatory amount in advance if the tender is
 Having regard to Council Regulation (EEC) No 974/71                accepted in whole or in part ; whereas, in such cases,
of 12 May 1971 on certain measures of conjunctural                  the obligation to lodge an application to fix the levy or
policy to be taken in agriculture following the tempo­              refund in advance following acceptance of the tender
rary widening of the margins of fluctuation for the                 involves an obligation to request at the same time
currencies of certain Member States ('), as last amended            advance fixing of the monetary compensatory
by Regulation (EEC) No 3605/81 (2), and in particular               amount ;
Article 6 thereof,
                                                                    Whereas, for reasons peculiar to the market in sugar,
Having regard to Council Regulation (EEC) No                        when an operator intends to make use of the facility of
 1785/81 of 30 June 1981 on the common organization                 fixing a monetary compensatory amount in advance in
of the market in sugar (3), as last amended by Regula­              connection with a levy or refund on exportation fixed
tion (EEC) No 606/82 (4), and in particular Articles 13             in advance under a tendering procedure he only makes
(2), 18 (5) and 19 (7) thereof,                                     up his mind to do so at the moment when the appli­
                                                                    cation for the export licence is made ;
Having regard to Council Regulation (EEC) No 608/72
of 23 March 1972 laying down rules to be applied in                 Whereas in fact it is only after the offeror has been
the case of considerable price rises on the world sugar             declared successful in respect of a levy or refund for
market (*), and in particular Article 1 ( 1 ) thereof,              the quantity of sugar indicated in his tender that the
                                                                    said monetary compensatory amount can be fixed in
Whereas, in accordance with Commission Regulation                   advance ; whereas application of the second subpara­
(EEC) No 2041 /81 of 16 July 1981 on a principal                    graph of the said Article 3 ( 1 ) would as a consequence,
standing invitation to tender to determine levies                   if the tenderer did not, as laid down, ask for advance
and/or refunds on exports of white sugar (6), Regulation            fixing of the monetary compensatory amount at the
(EEC) No 2042/81 of 16 July 1981 on a supplemen­                    time the licence or certificate was applied for, entail
tary standing invitation to tender in order to determine            his losing a very large security, the loss of which would
levies and/or refunds on exports of white sugar Q and               be out of proportion to the objective behind the provi­
Commission Regulation (EEC) No 2235/81 of 31 July                   sions of the second subparagraph of Article 3 ( 1 ) of
1981 on a standing invitation to tender in order to                 Regulation (EEC) No 1160/82 ; whereas in conse­
determine levies and/or refunds on exports of raw                   quence a derogation should be made from the said
sugar (8), as amended all three by Regulation (EEC) No              provision in the case of tendering procedures opened
722/82 (9), the Member States issue partial invitations             for the export of sugar, namely that application for
to tender for the export of white sugar and raw sugar ;             advance fixing of the monetary compensatory amount
                                                                    at the time when the application for the export licence
                                                                    is made should be optional ;
Whereas the second subparagraph of Article 3 ( 1 ) of
Commission Regulation (EEC) No 1160/82 of 14 May
1982 providing for the advance fixing of monetary                   Whereas for administrative reasons certain of the time
                                                                    schedules laid down for partial invitations to tender
                                                                    should be altered ;
(') OJ  No   L 106, 12. 5. 1971 , p. 1 .
(2) OJ  No   L 362, 17. 2. 1981 , p. 2.
(3) OJ  No   L 177, 1 . 7. 1981 , p. 4.                             Whereas the measures provided for in this Regulation
(4) OJ  No   L 74, 18 . 3 . 1982, p . 1 .
0   OJ  No   L 75, 28. 3. 1972, p. 5.                               are in accordance with the opinion of the Management
I6) OJ No L 200, 21 . 7. 1981 , p. 22.                              Committee for Sugar,
0 OJ No L 200, 21 . 7. 1981 , p. 27.
(8) OJ No L 218 , 4. 8 . 1981 , p. 19 .
O OJ No L 85, 31 . 3 . 1982, p. 5.                                  H OJ No L 134, 15. 5. 1982, p. 22.
 ---pagebreak--- No L 161 /6                      Official Journal of the European Communities                             12. 6. 82
HAS ADOPTED THIS REGULATION :                                  'Article 13a
                                                               If the tenderer intends to apply for advance fixing
                                                               of the monetary compensatory amount under this
                      Article 1
                                                               standing invitation to tender, the provisions of the
                                                               second subparagraph of paragraph 1 of Article 3 of
1 . The following third subparagraph is added to               Regulation (EEC) No 1160/82 shall not apply.
Article 4 (3) of Regulations (EEC) No 2042/81 and
(EEC) No 2235/81 :                                             When use is made of the provisions of the first
                                                               subparagraph of paragraph 1 of Article 3 of that
    'By way of derogation from paragraph 2 (b), the            Regulation, those of the third subparagraph of
    period for the submission of tenders which was to          paragraph 1 and of paragraph 2 of that Article shall
    end on Wednesday 30 June 1982 shall end on                 remain applicable to this tendering procedure.'
    Thursday 1 July 1982 at 10.30 a.m.'
                                                                                   Article 2
2. The following Article 13a is inserted after Article
13 of Regulations (EEC) No 2041 /81 , (EEC) No              This Regulation shall enter into force on 14 June
2042/81 and (EEC) No 2235/81 :                              1982.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 10 June 1982.
                                                                     For the Commission
                                                                       Poul DALSAGER
                                                                 Member of the Commission