CELEX: 31984R2383
Language: en
Date: 1984-08-18 00:00:00
Title: Commission Regulation (EEC) No 2383/84 of 14 August 1984 on a principal standing invitation to tender in order to determine levies and/or refunds on exports of raw sugar

No L 221 / 10                           Official Journal of the European Communities                              18 . 8 . 84
                                  COMMISSION REGULATION (EEC) No 2383/84
                                                      of 14 August 1984
              on a principal standing invitation to tender in order to determine levies and/or
                                              refunds on exports of raw sugar
THE COMMISSION OF THE EUROPEAN                                    be a derogation from Commission Regulation (EEC)
COMMUNITIES,                                                      No 2630/81 of 10 September 1981 on special detailed
                                                                  rules for the application of the system of import and
                                                                  export licences for sugar (8), as last amended by Regu­
Having regard to the Treaty establishing the European             lation (EEC) No 3130/82 (9), from Commission Regu­
Economic Community,                                               lation (EEC) No 3183/80 of 3 December 1980 laying
                                                                  down common detailed rules for the application of the
Having regard to Council Regulation (EEC) No                      system of import and export licences and advance
1785/81 of 30 June 1981 on the common organization                fixing certificates for agricultural products (10), as last
of the markets in the sugar sector ('), as last amended           amended by Regulation (EEC) No 2666/82 ("), and
by Regulation (EEC) No 606/82 (2), and in particular              from Commission Regulation (EEC) No 645/75 of 13
Articles 13 (2), 18 (5), 19 (4) and (7) and the second            March 1975 laying down common detailed rules for
paragraph of Article 39 thereof,                                  the application of the export levies and charges on
                                                                  agricultural products (12), as last amended by Regula­
                                                                  tion (EEC) No 1 607/80 (u) ;
Having regard to Council Regulation (EEC) No 608/72
of 23 March 1972 laying down rules to be applied in               Whereas the second subparagraph of Article 3 (1 ) of
the case of considerable price rises on the world sugar           Commission Regulation (EEC) No 1160/82 of 14 May
market (3), and in particular Article 1 (1 ) thereof,              1982 providing for the advance fixing of monetary
                                                                  compensatory amounts (l4) provides that, where the
                                                                  levy or refund is fixed in advance by means of tenders,
Whereas, in view of the situation on the Community                applications to fix the monetary compensatory amount
and world sugar markets, a principal standing invita­             in advance shall be accepted only if the party
tion to tender should be issued for export of raw sugar           concerned has declared in writing at the time of
obtained from beet or cane harvested in the Commu­                submission of the tender that he will also apply to fix
nity ; whereas, in view of possible fluctuations in world         the monetary compensatory amount in advance if the
prices for sugar, the invitation to tender must provide           tender is accepted in whole or in part ; whereas, in
for the determination of export levies and/or export              such cases, the obligation to lodge an application to fix
refunds ;                                                         the levy or refund in advance following acceptance of
                                                                   the tender involves an obligation to request at the
                                                                  same time advance fixing of the monetary compen­
Whereas the general rules governing invitations to                 satory amount ; whereas, for reasons peculiar to the
tender for the purpose of determining export refunds               market in sugar, when an operator intends to make use
for sugar were laid down in Council Regulation (EEC)               of the facility of fixing a monetary compensatory
No 766/68 of 18 June 1968 laying down general rules                amount in advance in connection with an export levy
for granting export refunds on sugar (4), as last                  or refund fixed in advance under a tendering pro­
amended by Regulation (EEC) No 1 489/76 (*) ;
                                                                   cedure he only makes up his mind to do so at the
                                                                   moment when the application for the export licence is
Whereas, in view of the specific nature of the trans­              made ; whereas it is only after he has been declared
actions involved, special detailed rules should be laid            successful in respect of a levy or refund for the quan­
down in this Regulation, and those provided for in                 tity of sugar indicated in his tender that the said
Commission Regulation (EEC) No 394/70 of 2 March                   monetary compensatory amount can be fixed in
 1970 on detailed rules for granting export refunds on             advance ; whereas, in consequence, a derogation
sugar (6), as last amended by Regulation (EEC) No                  should be made from the said provision in the case of
 1467/77 Q, should not apply ; whereas, for the same               this tendering procedure, so that application for
reasons, appropriate provisions should be laid down                advance fixing of the monetary compensatory amount
with regard to export licences issued in connection                at the time when the application for the export licence
with the standing invitation to tender and there should            is made should be optional ;
(') OJ  No  L 177, 1 . 7. 1981 , p. 4.                             (8) OJ No L 258 , 11 . 9 . 1981 , p. 16.
(2) OJ  No  L 74, 18 . 3. 1982, p. 1 .                             0 OJ   No L 329, 25. 11 . 1982, p. 20.
(3) OJ  No  L 75, 28 . 3 . 1972, p. 5 .                            H OJ    No L 338, 13. 12. 1980, p. 1 .
(*) OJ  No  L 143, 25. 6. 1968, p. 6.                              (") OJ  No L 283, 6. 10. 1982, p. 7.
Is) OJ No L 167, 26. 6. 1976, p. 13.                               H OJ    No L 67, 14. 3 . 1975, p. 16.
(6) OJ No L 50, 4. 3 . 1970, p. 1 .                                H OJ    No L 160, 26. 6. 1980, p. 42.
n OJ No L 162, 1 . 7. 1977, p. 6.                                  O OJ    No L 134, 15 . 5 . 1982, p. 22.
 ---pagebreak--- 18 . 8 . 84                        Official Journal of the European Communities                         No L 221 / 11
Whereas the fact that export licences issued in respect                              Article 4
of partial invitations to tender held from 1 February
1985 are valid only until 30 June 1985 could, in             1 . The period during which tenders may be
certain borderline cases, make it impossible actually to     submitted in response to the first partial invitation to
                                                             tender :
export the goods before the new marketing year
beings ; whereas it is therefore appropriate to authorize    (a) shall begin on 18 August 1984 ;
the Member State in question to provide, as a conces­
sionary measure, that the parties concerned have, if         (b) shall end on 22 August 1984 at 10.30 a.m.
they submit a duly substantiated request to that effect,
until 15 July 1985 to export the goods, on the under­        2. The periods during which tenders may be
standing that the said goods are, to all intents and         submitted in response to the second and subsequent
purposes, to be regarded as having been exported on          partial invitations :
30 June 1985 ;                                               (a) shall begin on the first working day following the
                                                                 end of the preceding period ;
Whereas the measures provided for in this Regulation         (b) shall end at 10.30 a.m. on the Wednesday of the
are in accordance with the opinion of the Management             following week.
Committee for Sugar,
                                                             3.    Notwithstanding paragraph 2 (b), the period for
                                                             the submission of tenders which was to end on :
                                                             — Wednesday 21 November 1984 shall end on
HAS ADOPTED THIS REGULATION :                                    Tuesday 20 November 1984 at 10.30 a.m.,
                                                             — Wednesday 2 January 1985 shall end on Thursday
                                                                 3 January 1985 at 10.30 a.m .,
                         Article 1
                                                             — Wednesday 1 and Wednesday 8 May 1985 shall
                                                                 end on Thursday 2 and Tuesday 7 May 1985,
1 . There shall be issued a principal standing invita­
                                                                 respectively, at 10.30 a.m .,
tion to tender in order to determine export levies
and/or export refunds on raw sugar obtained from beet        — Wednesday 5 June 1985 shall end on Tuesday 4
or cane harvested in the Community, and during the               June 1985 at 10.30 a.m .
period of validity of this standing invitation there shall
be issued partial invitations to tender.                     4. Notwithstanding paragraph 2, no partial invita­
                                                             tion to tender will be issued on Wednesday 26
                                                             December 1984 .
2. The standing invitation to tender shall remain
open until 12 June 1985.
                                                             5. The time limits laid down in this Regulation are
                                                             expressed in Belgian time .
                         Article 2
                                                                                     Article 5
The standing invitation to tender and the partial invi­
tations shall be conducted in accordance with Regula­         1.   Offers in connection with this tender must be in
tion (EEC) No 766/68 and with the following provi­           writing, and must be either delivered by hand, against
sions. Regulation (EEC) No 394/70 shall not apply.           a receipt, to the competent authority in a Member
                                                             State, or addressed to that authority by registered letter,
                                                             telex or telegram .
                         Article 3
                                                             2.    A tender must indicate :
1 . Member States shall draw up a notice of invita­
tion to tender which shall be published in the Official      (a) the reference number of the invitation to tender to
Journal of the European Communities. Member States               which the offer relates ;
may also publish the notice, or have it published, else­     (b) the name and address of the tenderer ;
where .
                                                             (c) the quantity tel quel of raw sugar to be exported ;
2.     The notice shall indicate in particular the terms     (d) the amount of the export levy or, where applicable,
of the invitation to tender.                                     of the export refund per 100 kilograms of standard
                                                                 quality sugar, expressed in the currency of the
                                                                 Member State in which the tender is submitted ;
3 . The notice shall be published only for the
purpose of opening the standing invitation to tender.        (e) the minimum amount of the security to be lodged
It may be amended during the period of validity of the           covering the quantity of sugar indicated in (c),
standing invitation to tender. It shall be so amended if         expressed in the currency of the Member State in
the terms of the invitation to tender are modified .             which the tender is submitted .
 ---pagebreak---  No L 221 / 12                       Official Journal of the European Communities                              18 . 8 . 84
3.     An offer shall be valid only if :                        13 (4), this security shall in the case of successful
                                                               tenderers and at the time of the application referred to
(a) the quantity to be exported is not less than 250           in Article 12 (b) become the security for the export
     tonnes of raw sugar ;                                     licence .
(b) proof is furnished before expiry of the time limit
     for the submission of tenders that the tenderer has       2. The security may be lodged at the tenderer's
     lodged the security indicated in the tender ;             choice, either in cash or in the form of a guarantee
(c) it includes a declaration by the tenderer that if his      given by an establishment complying with criteria laid
     tender is successful he will, within the period laid      down by the Member State in which the tender is
                                                               submitted .
     down in Article 12 (b), apply for an export licence
    or licences in respect of the quantities of raw sugar
     to be exported ;                                          3.     Except in the case of force majeure, the security
                                                               will be released :
(d) it includes a declaration by the tenderer certifying
     that :                                                    (a) to tenderers only in respect of the quantity for
                                                                   which no award was made ;
    — the product intended for export consists of raw
         sugar obtained from either beet or from cane          (b) to successful tenderers only if they applied for
         harvested in the Community, and                            their export licence within the period laid down in
    — the customs export formalities will be                       Article 12 (b) and only for the quantity in respect
         completed in the French overseas departments               of which they have fulfilled the obligation created
         in the case of sugar obtained from cane                    by that licence, Article 33 of Regulation (EEC) No
         harvested in the Community ;                               3183/80 remaining applicable .
(e) it includes a declaration by the tenderer that if his      Any unreleased security and the supplementary secu­
    tender is successful he will :
                                                               rity referred to in Article 13 (4) shall be forfeited in
    — where the obligation to export created by the            respect of a quantity for which the above obligations
                                                               have not been fulfilled.
         export licence referred to in Article 12 (b) is
         not fulfilled, supplement the security by
         payment of the amount referred to in Article          4.     In case of force majeure, the competent authority
                                                               of the Member State concerned shall take such action
         13 (4), and
                                                               as it considers necessary having regard to the cir­
    — within 30 days following the expiry of the               cumstances invoked by the party concerned.
         export licence in question, notify the agency
         which issued the licence of the quantity or
         quantities in respect of which the licence was                                 Article 7
         not used ;
(f) it contains all the information required under para­       1 . Tenders shall be examined in private by the
    graph 2.                                                   competent authority concerned. Subject to paragraph
                                                               2, persons present at the examination shall be under
4. A tender may stipulate that it is to be regarded as         an obligation not to disclose any particulars relating
having been submitted only if :                                thereto .
(a) the minimum export levy or, where applicable, the
                                                               2.     Tenders shall be communicated to the Commis­
    maximum export refund is fixed on the day of the
                                                               sion forthwith and in such a manner that the tenderers
    expiry of the period for the submission of the
    tenders in question ;                                      remain anonymous.
(b) the tender, if successful, relates to all or a specified
    part of the tendered quantity.                                                      Article 8
5.     A tender which is not submitted in accordance
                                                               1.     After the tenders received have been examined, a
with the provisions of this Regulation, or which
contains terms other than those indicated in the notice        maximum quantity may be fixed for that partial invita­
                                                               tion .
of invitation to tender, shall not be considered.
6.     Once submitted, a tender may not be withdrawn .         2. A decision may be taken to make no award
                                                               under a specific partial invitation to tender.
                         Article 6
                                                                                        Article 9
1 . A security of 9 ECU per 100 kilograms of sugar
to be exported under this invitation to tender must be          1 . In the light of the intervention price for raw
lodged by each tenderer. Without prejudice to Article          sugar for the 1984/85 marketing year and, in parti­
 ---pagebreak--- 18 . 8 . 84                          Official Journal of the European Communities                            No L 221 / 13
cular, the current state and foreseeable development of        — by the drawing of lots.
the Community and world sugar markets, there shall
be fixed either :
                                                                                        Article 11
— a minimum export levy, or
— a maximum export refund.                                      1 . The competent authority of the Member State
                                                               concerned shall immediately notify applicants of the
                                                               result of their participation in the invitation to tender.
2. Subject to Article 10 , where a minimum export              In addition, that authority shall send successful ten­
levy is fixed, a contract shall be awarded to every            derers a statement of award .
tenderer whose tender quotes a rate of levy equal to or
greater than such minimum levy.                                2.     The statement of award shall indicate :
3. Subject to Article 10, where a maximum export               (a) the reference number of the invitation to which
refund is fixed, a contract shall be awarded to every               the tender relates ;
tenderer whose tender quotes a rate of refund equal to         (b) the quantity tel quel of raw sugar to be exported ; .
or less than such maximum refund and to every
tenderer who has tendered for an export levy.
                                                               (c) the export levy to be charged, or where applicable
                                                                    the export refund to be granted, per 100 kilograms
                                                                    of standard quality raw sugar of the quantity
                                                                    referred to in (b).
                          Article 10
                                                                                        Article 12
1 . Where a maximum quantity has been fixed for a
partial invitation to tender :                                 Every successful tenderer shall have :
— if a minimum levy is fixed, a contract shall be              (a) the right to claim in respect of the quantity
     awarded to the tenderer whose tender quotes the                awarded, an export licence indicating as appro­
     highest levy ; if the maximum quantity is not fully            priate the export levy or the export refund quoted
     covered by that award, awards shall be made to                 in his tender ;
     other tenderers in descending order of levies             (b) the obligation to lodge, in accordance with the
     quoted until the entire maximum quantity has                   relevant provisions of Regulation (EEC) No
     been accounted for,
                                                                    3183/80, an application for an export licence in
— if a maximum refund is fixed, contracts shall be                  respect of that quantity, Article 1 2 (2) of that Regu­
     awarded in accordance with the first indent ; if               lation and Article 10 of Regulation (EEC) No
     after such awards a quantity is still outstanding, or          645/75 not applying in such a case. The applica­
     if there are no tenders quoting an export levy,                tion shall be lodged, in accordance with the rele­
     contracts shall be awarded in ascending order of               vant provisions of Regulation (EEC) No 3183/80,
                                                                    not later than :
     refunds quoted until the entire maximum quantity
     has been accounted for, to tenderers quoting a
     refund.                                                        — the last working day preceding the date of the
                                                                        partial invitation to tender to be held the
                                                                        following week, or
2. However, where an award to a particular tenderer                 — if no partial invitation to tender is due to be
in accordance with the provisions of paragraph 1                        held that week, the last working day of the
would result in the maximum quantity being                              following week ;
exceeded, that award shall be limited to such quantity
as is still available . Where two or more tenderers quote      (c) the obligation to export the tendered quantity and,
the same levy or the same refund and awards to all of               if this obligation is not fulfilled, to pay, where
them would result in the maximum quantity being                     necessary, the amount referred to in Article 13 (4).
exceeded, then the quantity available shall be awarded
as follows :                                                   This right and these obligations are not transferable.
— by being divided among the tenderers concerned
     in proportion to the total quantities in each of                                   Article 13
     their tenders, or
— by being apportioned among the tenderers                      1 . The first paragraph of Article 9 of Regulation
    concerned by reference to a maximum tonnage to             (EEC) No 2630/81 shall not apply to the raw sugar to
    be fixed for each of them, or                              be exported in accordance with this Regulation.
 ---pagebreak---  No L 221 / 14                      Official Journal of the European Communities                               18 . 8 . 84
2. Export licences issued in connection with a                uniquement        pour    les    départements      français
partial invitation to tender shall be valid from the day      d'outre-mer',
of issue until the end of the fifth calendar month
                                                               Nel caso di zucchero greggio ottenuto da canne
following that in which the partial invitation was            raccolte nella Comunità, titolo valido soltanto nei
issued .
                                                              dipartimenti francesi d'oltremare',
                                                               In geval van ruwe suiker, vervaardigd uit in de
 However :                                                    Gemeenschap geoogst suikerriet, certificaat alleen
                                                              geldig voor de Franse overzeese departementen'.
(a) licences issued in connection with partial invita­
     tions :                                                  4. Except in cases of force majeure, if the obligation
                                                              to export created by an export licence applied for
     — issued in the period 22 August to 1 2 September        within the period referred to under Article 12 (b) has
          1984 may be used only from 15 September             not been fulfilled and if the security referred to in
          1984,                                               Article 6 is less than :
     — issued in the period 13 September to 10
         October 1984 may be used from the day of
                                                              (a) the export levy indicated on the licence reduced by
          issue,                                                  the levy referred to in the second subparagraph of
                                                                  Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in
     and shall be valid only until 30 November 1984 ;             force on the last day of validity of the said licence ;
                                                                  or
(b) licences issued in connection with partial invita­
     tions issued in the period 17 October to 28              (b) the sum of the export levy indicated on the licence
     November 1984 may be used only from 1                        and the export refund referred to in Article 2 of
     December 1984 and shall be valid until 30 April"             Regulation (EEC) No 766/68 in force on the last
     1985 ;                                                       day of validity of the said licence ; or
                                                              (c) the export refund referred to in Article 2 of Regu­
(c) licences issued in connection with partial invita­            lation (EEC) No 766/68 in force on the last day of
     tions issued from 1 February 1985 shall be valid             validity of the licence, reduced by the refund indi­
     only until 30 June 1985. The competent authority             cated on the said licence ;
     of the Member State which issued the said licences
     may, if the licence holder submits a written,
     substantiated request to that effect, extend their       then, under the time limits and conditions laid down
     period of validity until 15 July 1985 at the latest.     in Article 33 of Regulation (EEC) No 3183/80 and by
     Where an export licence's period of validity is          way of a supplementary security for the quantity in
     extended in accordance with this subparagraph the        respect of which the said obligation was not fulfilled,
     goods shall be regarded as having been exported          the licence holder shall be charged an amount equal
     on 30 June 1985.                                         to the difference between the result of the calculation
                                                              made under (a), (b) or (c), as the case may be, and the
                                                              security referred to in Article 6.
3 . Section 18 (a) of the export licences issued in
respect of a partial invitation to tender shall contain
one of the following endorsements :                                                    Article 14
' In the case of raw sugar obtained from cane harvested       If the tenderer intends to apply for advance fixing of
in the Community, licence valid only for the French           the monetary compensatory amount under this
overseas departments',                                        standing invitation to tender, the provisions of the
'Licens udelukkende gyldig for de franske oversøiske          second subparagraph of Article 3 ( 1 ) of Regulation
departementer, når det drejer sig om råsukker frem­           (EEC) No 1160/82 shall not apply.
stillet af sukkerrør høstet i Fællesskabet',
                                                              When use is made of the provisions of the first sub­
' Im Fall von Rohzucker, der aus in der Gemeinschaft
                                                              paragraph of Article 3 (1 ) of that Regulation, those of
geerntetem Zuckerrohr gewonnen wurde, ist die                 the third subparagraph of paragraph 1 and of para­
Lizenz nur gültig für die französischen überseeischen         graph 2 of that Article shall remain applicable to this
Departements',                                                tendering procedure.
"Οταν πρόκειται για ακατέργαστη ζάχαρη που λαμβά­
νεται από ζαχαροκάλαμα που έχουν συγκομιστεί στην
Κοινότητα, πιστοποιητικό που ισχύει αποκλειστικά για                                   Article 15
τα υπερπόντια γαλλικά διαμερίσματα',
  En cas de sucre brut obtenu à partir de cannes récol­       This Regulation shall enter into force on 18 August
tées     dans    la  Communauté,       certificat valable      1984.
 ---pagebreak--- 18 . 8 . 84                    Official Journal of the European Communities                      No L 221 / 15
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 14 August 1984.
                                                                   For the Commission
                                                                   Étienne DAVIGNON
                                                                       Vice-President