CELEX: 31975R0313
Language: en
Date: 1975-02-07 00:00:00
Title: Regulation (EEC) No 313/75 of the Commission of 7 February 1975 concerning inter alia the reopening of the standing invitation to tender in respect of the importation of sugar pursuant to Regulation (EEC) No 3062/74

No L 35/8                                    Official Journal of the European Communities                               8 . 2. 75
                                 REGULATION (EEC) No 313/75 OF THE COMMISSION
                                                           of 7 February 1975
                 concerning inter alia the reopening of the standing invitation to tender in
                  respect of the importation of sugar pursuant to Regulation (EEC) No 3062/74
THE COMMISSION OF THE EUROPEAN                                          sions should be adopted in order to ensure that the
COMMUNITIES,                                                            imported sugar is ultimately consumed in the Member
                                                                        State in which it is put into free circulation and to fix
Having regard to the Treaty establishing the European                   a higher maximum selling price to be complied with
Economic Community ;                                                    by successful tenders without subsequent adjustment
                                                                        of the subsidy by reference to any variation in the
Having regard to Council Regulation No 1009/                            target price ;
67/ EEC (') of 18 December 1969 on the common
organization of the market in sugar, as last amended                    Whereas the measures provided for in this Regulation
by Regulation (EEC) No 2476/74 (2 ), and in particular                  are in accordance with the Opinion of the Manage­
Article 1 6 (5) thereof ;                                               ment Committee for Sugar,
Having regard to Council Regulation (EEC) No
608 /72 (3) of 23 March 1972 laying down rules to be
applied in cases of considerable price rises on the                     HAS ADOPTED THIS REGULATION :
world sugar market, and in particular Article 3
thereof ;
                                                                                                 Article 1
Having regard to Council Regulation ( EEC) No
191 /75 (4) of 21 January 1975 concerning an addi­                      1 . The standing invitation to tender opened
tional quantity in respect of the subsidized importa­                   pursuant to Regulation (EEC) No 3062/74 and
tion of sugar and amending Regulation ( EEC) No                         suspended pursuant to Regulation (EEC) No 122/75
2931 /74, and in particular Article 4(2) thereof ;                      shall be reopened.
Whereas Commission                   Regulation (EEC) No                2 . The date ' 11 December 1974' in Article 4(1 ) (b)
3062/74 (5 ) of 3 December 1974 on a standing invita­                   of Regulation ( EEC) No 3062/74 is replaced by ' 12
tion to tender to determine subsidies for imports of                    February 1975'.
white and raw sugar, as amended by Regulation ( EEC)
No 3094/74 (6), opened a standing invitation to tender
which was suspended by Regulation ( EEC) No                                                      Article 2
 1 22/75 (7) ;
                                                                        Article 1 of Regulation ( EEC) No 3062/74 is replaced
Whereas Regulation ( EEC) No 191 /72 provides for                       by the following :
the granting of an import subsidy on an additional
quantity of 200 000 metric tons of sugar ; whereas the                       'Article 1
abovementioned standing invitation to tender should
therefore be reopened ; whereas the imports qualifying
for a subsidy may be wholly or partly limited to                             1.    Germany, Italy, the Netherlands and the
deficit regions of the Community ; whereas, having                          United Kingdom , hereinafter called "Member
regard to current provisional supply figures for the                        States", shall open a standing invitation to tender
Community for the 1974/75 sugar marketing year,                             in respect of subsidies for the importation from
subsidized importations should be limited to those                          third countries of white and raw sugar, and during
regions which according to the figures are deficit                          the period of validity of such standing invitation
areas ;
                                                                            to tender they shall issue partial invitations to
                                                                            tender .
Whereas, in the light of experience, the terms of the
invitation to tender should be amended and provi­                           2.     Sugar may qualify for the subsidy only if it is
                                                                            intended     for  free   circulation   and   ultimate
  ') OJ No    308 , 18 . 12 . 1967, p. 1 .                                  consumption in one of the Member States speci­
  2) OJ No     L 264, 1 . 10 . 1974, p. 70 .                                fied in paragraph 1 and is put up for tender in that
  3) OJ No    L 7.5, 28 . 3 . 1972, p. 5 .                                  country .
  4) OJ No     L 20, 25 . 1 . 1 975, p. 39 .
  5) OJ No     L 324, 4. 12 . 1974, p. 7 .
  b) OJ No    L 327 , 7 . 12 . 1974, p. 28 .                                " Ultimate consumption" means consumption by
  7) OJ No     L 13 , 18 . 1 . 1975, p. 24.                                 the processing industry or retail sale .
 ---pagebreak--- 8 . 2. 75                            Official Journal of the European Communities                               No L 35/9
     3 . If on the occasion of any partial invitation to              The rights and obligations as specified in (a) and
     tender it appears from the supply figures                       (b) arising from the invitation to tender shall not
     concerning a Member State not mentioned in para­                be transferable'.
     graph 1 that, having regard to its production,
     imports and exports, its supply cannot be consid­
     ered ensured , that Member State shall be added to                                    Article 9
     paragraph 1 ; conversely, any Member State in the
     reverse - situation shall be deleted'.                     Second and third subparagraphs as follows are added
                                                                to Article 12(1 ) of Regulation (EEC) No 3062/74 :
                           Article 3                                 'With respect to the partial invitations to tender to
                                                                     be issued after 8 February 1975 the figure :
Article 4 (3) of Regulation (EEC) No 3062/74 is
replaced by the following :                                          — "32-40" in (a) above is replaced by "35-81 ";
     '3.    By way of derogation from paragraph 2(b)                 — "27-82" in (c) above is replaced by "30-96", and
     the time limits for the submission of tenders                        "32-40" by "35-81 ";
     which would normally expire on Wednesday 19
     March and on Wednesday 30 April 1975 shall                      — "32-40" in (d) above is replaced by "35-81 ".
     expire at 10 a.m. on Tuesday 18 March and
     Tuesday 29 April 1975 respectively'.                            Furthermore, in the cases referred to in (a) and (c)
                                                                     the     successful  tenderer   shall  include in  his
                                                                     contract of sale a clause stipulating that the
                           Article 4                                 imported sugar be ultimately consumed in the
                                                                     Member State in which it is put into free circula­
Article 5 (2) (e) of Regulation (EEC) No 3062/74 is                  tion '.
replaced by the following :
     '(e) The Member State in whose territory the                                          Article 10
          imported sugar is to be put into free circula­
          tion and ultimately consumed'.                        A third subparagraph as follows is added to Article
                                                                 12(3) of Regulation (EEC) No 3062/74 :
                           Article 5
                                                                     ' However, the provisions of the preceding subpara­
Article 5 (4) of Regulation (EEC) No 3062/74 is                      graphs shall not apply to the partial invitations to
replaced by the following :                                           tender to be issued after 8 February 1975'.
     '4. A tender may stipulate that it is to be
      regarded as having been submitted only if the                                        Article 11
     contract awarded relates to the entire quantity indi­
     cated in the tender or to a specified part thereof.        Article 13(2) of Regulation (EEC) No 3063/74 is
                                                                replaced by the following :
                           Article 6                                  '2.     A  successful  tenderer   shall  not become
                                                                      finally entitled to the subsidy referred to in para­
Article 10(2)(d) of Regulation (EEC) No 3062/74 is                   graph 1 until he has fulfilled the relevant obliga­
replaced by the following :                                           tions and has paid any amount to be deducted
                                                                      from the subsidy by virtue of Article 16(1 )'.
     '(d) The Member State in whose territory the sugar
          to be imported is to be put into free circula­
          tion and ultimately consumed'.                                                   Article 12
                           Article 7                            A paragraph 3 as follows is added to Article 16 of
                                                                 Regulation (EEC) No 3062/74 :
 In the second indent of Article 11 ( l)(b) of Regulation
(EEC) No 3062/74 the words 'in the Community' are                     '3 . However, the provisions of paragraph 2 shall
 replaced by the words 'in the Member State in which                  not apply to the partial invitations to tender to be
the sugar is put into free circulation'.                              issued after 8 February 1975'.
                           Article 8                                                       Article 13
The second subparagraph of Article 11 ( 1 ) of Regula­          This Regulation shall enter into force on 8 February
 tion (EEC) No 3062/74 is replaced by the following :            1 975 .
 ---pagebreak--- No L 35/ 10                    Official Journal of the European Communities                        8 . 2. 75
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 7 February 1975 .
                                                                   For the Commission
                                                                     P. J. LARDINOIS
                                                               Member of the Commission