CELEX: 31983R1883
Language: en
Date: 1983-07-12 00:00:00
Title: Commission Regulation (EEC) No 1883/83 of 8 July 1983 on a supplementary standing invitation to tender in order to determine levies and/or refunds on exports of raw sugar

No L 187/20                            Official Journal of the European Communities                               12. 7 . 83
                                 COMMISSION REGULATION (EEC) No 1883/83
                                                       of 8 July 1983
              on a supplementary standing invitation to tender in order to determine levies
                                        and/or refunds on exports of raw sugar
THE COMMISSION OF THE EUROPEAN
                                                                 there should be a derogation from Commission Regu­
COMMUNITIES,                                                     lation (EEC) No 2630/81 of 10 September 1981 on
                                                                 special detailed rules for the application of the system
Having regard to the Treaty establishing the European            of import and export licences for sugar (8), as last
Economic Community,                                              amended by Regulation (EEC) No 3130/82 (9), from
                                                                 Commission Regulation (EEC) No 3183/80 of 3
                                                                 December 1980 laying down common detailed rules
Having regard to Council Regulation (EEC) No                     for the application of the system of import and export
1785/81 of 30 June 1981 on the common organization               licences and advance-fixing certificates for agricultural
of the markets in the sugar sector ('), as last amended          products (10), as last amended by Regulation (EEC) No
by Regulation (EEC) No 606/82 (2), and in particular             2666/82 ("), and from Commission Regulation (EEC)
Articles 13 (2), 18 (5), 19 (4) and (7) and the second           No 645/75 of 13 March 1975 laying down common
paragraph of Article 39 thereof,                                 detailed rules for the application of the export levies
                                                                 and charges on agricultural products (12), as last
                                                                 amended by Regulation (EEC) No 1607/80 (l3) ;
Having regard to Council Regulation (EEC) No 608/72
of 23 March 1972 laying down rules to be applied in
the case of considerable price rises on the world sugar
market (3), and in particular Article 1 ( 1 ) thereof,           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, in view of the situation on the Community               compensatory amounts (14) provides that, where the
and world sugar markets, a supplementary standing                levy or refund is fixed in advance by means of tenders,
invitation to tender should be issued for export of raw          applications to fix the monetary compensatory amount
sugar obtained from beet or cane harvested in the                in advance shall be accepted only if the party
Community ; whereas, in view of possible fluctuations            concerned has declared in writing at the time of
in world prices for sugar, the invitation to tender must         submission of the tender that he will also apply to fix
provide for the determination of export levies and/or            the monetary compensatory amount in advance if the
export refunds ;                                                 tender is accepted in whole or in part ; whereas, in
                                                                 such cases, the obligation to lodge an application to fix
Whereas the general rules governing invitations to               the levy or refund in advance following acceptance of
tender for the purpose of determining export refunds             the tender involves an obligation to request at the
for sugar were laid down in Council Regulation (EEC)             same time advance fixing of the monetary compensa­
                                                                 tory amount ; whereas, for reasons peculiar to the
No 766/68 of 18 June 1968 laying down general rules
                                                                 market in sugar, when an operator intends to make use
for granting export refunds on sugar (4), as last
amended by Regulation (EEC) No 1489/76 (*) ;                     of the facility of fixing a monetary compensatory
                                                                 amount in advance in connection with an export levy
                                                                 or refund fixed in advance under a tendering pro­
Whereas, in view of the specific nature of the trans­            cedure he only makes up his mind to do so at the
actions involved, special detailed rules of application          moment when the application for the export licence is
should be laid down in this Regulation, and those                made ; whereas it is only after he has been declared
provided for in Commission Regulation (EEC) No                   successful in respect of a levy or refund for the quan­
394/70 of 2 March 1970 on detailed rules for granting            tity of sugar indicated in his tender that the said
export refunds on sugar (6), as last amended by Regula­          monetary compensatory amount can be fixed in
tion (EEC) No 1467/77 Q, should not apply ; whereas,             advance ; whereas application of the second subpara­
for the same reasons, appropriate provisions should be           graph of the said Article 3 ( 1 ) would as a consequence,
laid down with regard to export licences issued in                if the tenderer did not, as laid down, ask for advance
connection with the standing invitation to tender and             fixing of the monetary compensatory amount at the
 ') 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 .                             O OJ No L 329 , 25 . 11 . 1982, p. 20 .
 }) OJ No L 75, 28 . 3 . 1972, p. 5 .                            H OJ No L 338 , 13 . 12. 1980 , p . 1 .
 j OJ No L 143, 25. 6. 1968, p. 6.                               (") OJ No L 283, 6. 10 . 1982, p. 7.
 ■<) 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 . ,                           (IJ) OJ No L 160 , 26. 6. 1980 , p. 42.
 A OJ No L 162, 1 . 7. 1977, p. 6.                                 14 OJ No L 134, 15 . 5 . 1982, p. 22.
 ---pagebreak--- 12. 7. 83                            Official Journal of the European Communities                           No L 187/21
time the licence or certificate was applied for, entail        (a) shall begin on 26 April 1984 ;
his losing a very large security, the loss of which would      (b) shall end on 2 May 1984 at 10.30 a.m .
be out of proportion to the objective behind the provi­
sions of the second subparagraph of the said Article 3         2. The periods during which tenders may be
( 1 ) ; whereas, in consequence, a derogation should be        submitted in response to the second and subsequent
made from the said provision in the case of this               partial invitations :
tendering procedure, so that application for advance           (a) shall begin on the first working day following the
fixing of the monetary compensatory amount at the                   end of the preceding period ;
time when the application for the export licence is
made should be optional ;                                      (b) shall end at 10.30 a.m. on the Wednesday of the
                                                                    following week.
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management           3. The time limits laid down in this Regulation are
Committee for Sugar,                                           expressed in Belgian time.
                                                                                        Article 5
HAS ADOPTED THIS REGULATION :
                                                                1.    Offers in connection with this tender must be in
                          Article 1                            writing, and must be either delivered by hand, against
                                                               a receipt, to the competent authority in a Member
 1 . There shall be issued a supplementary standing            State, or addressed to that authority by registered letter,
invitation to tender in order to determine export levies       telex or telegram.
and/or export refunds on raw sugar obtained from beet
or cane harvested in the Community, and during the             2.     A tender must indicate :
period of validity of this standing invitation there shall     (a) the reference number of the invitation to tender to
be issued partial invitations to . tender.                          which the offer relates ;
 2. The standing invitation to tender shall remain             (b) the name and address of the tenderer ;
open until a date to be determined subsequently.               (c) the quantity tel quel of raw sugar to be exported ;
                                                               (d) the amount of the export levy or, where applicable
                          Article 2                                 of the export refund per 100 kilograms of standard
                                                                    quality sugar, expressed in the currency of the
The standing invitation to tender and the partial                   Member State in which the tender is submitted ;
invitations shall be conducted in accordance with
                                                               (e) the minimum amount of the security to be lodged
Regulation (EEC) No 766/68 and with the following                   covering the quantity of sugar indicated in (c),
 provisions. Regulation (EEC) No 394/70 shall not                   expressed in the currency of the Member State in
 apply.                                                             which the tender is submitted .
                          Article 3                             3.     An offer shall be valid only if :
                                                                (a) the quantity to be exported is not less than 250
 1 . Member States shall draw up a notice of invita­                tonnes of raw sugar ;
 tion to tender which shall be published in the Official
Journal of the European Communities. Member States              (b) proof is furnished before expiry of the time limit
 may also publish the notice, or have it published, else­           for the submission of tenders that the tenderer has
 where .                                                            lodged the security indicated in the tender ;
                                                                (c) it includes a declaration by the tenderer that if his
 2.      The notice shall indicate in particular the terms          offer is successful he will, within the period laid
 of the invitation to tender.                                        down in Article 12 (b), apply for an export licence
                                                                     or licences in respect of the quantities of raw sugar
 3.      The notice shall be published only for the                 to be exported ;
 purpose of opening the standing invitation to tender.
 It may be amended during the period of validity of the         (d) it includes a declaration by the tenderer certifying
                                                                     that :
 standing invitation to tender. It shall be so amended if
 the terms of the invitation to tender are modified.                 — the product intended for export consists of raw
                                                                         sugar obtained either from beet or from cane
                          Article 4
                                                                         harvested in the Community, and
                                                                     — the customs export formalities             will be
  1.     The period during which tenders may be                          completed in the French overseas department
 submitted in response to the first partial invitation to                 in the case of sugar obtained from cane
 tender :                                                                 harvested in the Community ;
 ---pagebreak---   No L 187/22                        Official Journal of the European Communities                             12. 7. 83
 (e) it includes a declaration by the tenderer that if his      as it considers necessary having regard to the circum­
      tender is successful he will :                           stances invoked by the party concerned.
      — where the obligation to export created by the
          export licence referred to under Article 12 (b) is
          not fulfilled, supplement the security by                                      Article 7
          payment of the amount referred to in Article
          13 (5), and                                           1 . Tenders shall be examined in private by the
     — within 30 days following the expiry of the              competent authority concerned. Subject to paragraph
          export licence in question, notify the agency        2, persons present at the examination shall be under
          which issued the licence of the quantity or          an obligation not to disclose any particulars relating
                                                               thereto .
          quantities in respect of which the licence was
          not used ;
                                                               2.     Tenders shall be communicated to the Commis­
 (f) it contains all the information required under para­      sion forthwith and in such manner that the tenderers
     graph 2.                                                  remain anonymous.
 4. A tender may stipulate that it is to be regarded as
 having been submitted only if :
                                                                                         Article 8
(a) the minimum export levy or, where applicable the
     maximum export refund, is fixed on the day of the         1.     After the tenders received have been examined, a
     expiry of the period for the submission of the            maximum quantity may be fixed for that partial invita­
     tenders in question ;                                     tion .
(b) the tender, if successful, relates to all or a specified
     part of the tendered quantity.                            2. A decision may be taken to make no award
                                                               under a specific partial invitation to tender.
 5.     A tender which is not submitted in accordance
with the provisions of this Regulation, or which
contains terms other than those indicated in the notice                                  Article 9
of invitation to tender, shall not be considered.
6.      Once submitted, a tender may not be withdrawn.         1 . In the light of the intervention price for raw
                                                               sugar for the 1983/84 marketing year and, in parti­
                                                               cular, the current state and foreseeable development of
                          Article 6                            the Community and world sugar markets, there shall
                                                               be fixed either :
 1 . A security of 9 ECU per 100 kilograms of sugar
to be exported under this invitation to tender must be         — a minimum export levy, or
lodged by each tenderer. Without prejudice to 13 (5),          — a maximum export refund.
this security shall in the case of successful tenderers
and at the time of the application referred to in Article      2. Subject to Article 10, where a minimum export
 12 (b) become the security for the export licence .           levy is fixed, a contract shall be awarded to every
                                                               tenderer whose tender quotes a rate of levy equal to or
2.      The security may be lodged at the tenderer's           greater than such minimum levy.
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
                                                               3 . Subject to Article 10, where a maximum export
submitted .
                                                               refund is fixed, a contract shall be awarded to every
                                                               tenderer whose tender quotes a rate of refund equal to
3.      Except in the case of force majeure, the security      or less than such maximum refund and to every
will be released :                                             tenderer who has tendered for an export levy.
(a) to tenderers only in respect of the quantity for
     which no award was made ;                                                          Article 10
(b) to successful tenderers only if they applied for
     their export licence within the period laid down in       1 . Where a maximum quantity has been fixed for a
     Article 12 (b) and only for the quantity in respect       partial invitation to tender :
     of which they have fulfilled the obligation created
     by that licence, Article 33 of Regulation (EEC) No        — if a minimum levy is fixed, a contract shall be
     3183 /80 remaining applicable . The security lodged            awarded to the tenderer whose tender quotes the
     in respect of a quantity for which the above obliga­           highest levy ; if the maximum quantity is not fully
     tions have not been fulfilled shall be forfeited.              covered by that award, awards shall be made to
                                                                    other tenderers in descending order of levies
4.      In case of force majeure, the competent agency              quoted until the entire maximum quantity has
in the Member State concerned shall take such action                been accounted for,
 ---pagebreak--- 12 . 7 . 83                          Official Journal of the European Communities                            No L 187/ 23
— if maximum refund is fixed, contracts shall be                    — the last working day preceding the date of the
     awarded in accordance with the first indent ; if                    partial invitation to tender scheduled for the
     after such awards a quantity is still outstanding, or               following week, or
     if there are no tenders quoting an export levy,                — if no partial invitation to tender is scheduled
     contracts shall be awarded in ascending order of                    for that week, the last working day of the
     refunds quoted until the entire maximum quantity                    following week ;
     has been accounted for, to tenderers quoting a
     refund .                                                  (c) the obligation to export the tendered quantity and,
                                                                    if this obligation is not fulfilled, to pay, where
                                                                    necessary, the amount referred to in Article 1 3 (5).
2. However, where an award to a particular tenderer
in accordance with the provisions of paragraph 1               This right and these obligations are not transferable.
would result in the maximum quantity being
exceeded, that award shall be limited to such quantity                                   Article 13
as is still available. Where two or more tenderers quote
the same levy or the same refund and awards to all of           1 . The first paragraph of Article 9 of Regulation
them would result in the maximum quantity being                (EEC) No 2630/81 shall not apply to the raw sugar to
exceeded, then the quantity available shall be awarded         be exported in accordance with this Regulation .
as follows :
                                                               2. Export licences issued in connection with a
— by being divided among the tenderers concerned               partial invitation to tender shall be valid from the day
     in proportion to the total quantities in each of          of issue until 30 September 1984.
     their tenders, or
                                                               3 . Export licences issued in connection with a
— by being apportioned among the tenderers                     partial invitation to tender under this standing invita­
     concerned by reference to a maximum tonnage to            tion to tender held between 2 May and 27 June 1984
     be fixed for each of them , or                            shall be used only with effect from 1 July 1984.
— by the drawing of lots.                                      4. In the case of raw sugar obtained from cane
                                                               harvested in the Community, section 18 (a) of the
                                                               export licence shall contain one of the following
                         Article 11                            endorsements :
                                                               'Licence valid for the French overseas departments',
1 . The competent authority of the Member State
concerned shall immediately notify applicants of the             Licens gyldig for de franske oversøiske departe­
result of their participation in the invitation to tender.     menter',
In addition, that authority shall send successful ten­         'Lizenz gültig für die französischen überseeischen
derers a statement of award .
                                                               Departements',
2.     The statement of award shall indicate :                 ' Πιστοποιητικο ισχύον για τα υπερπόντια γαλλικά
                                                               διαμερίσματα',
(a) the reference number of the invitation to which            'Certificat valable pour les départements français
     the tender relates ;                                      d'outre-mer',
(b) the quantity tel quel of raw sugar to be exported ;        'Titolo valido per i dipartimenti francesi d oltremare ,
(c) the export levy to be charged, or where applicable         'Certificaat geldig voor de Franse overzeese departe­
                                                                menten '.
     the export refund to be granted, per 100 kilograms
     of raw sugar of the quantity referred to in (b).           5.     Except in cases of force majeure, if the obligation
                                                                to export created by the export licence referred to
                                                               under (b) of Article 1 2 has not been fulfilled and if the
                         Article 12                             security referred to in Article 6 is less than :
Every successful tenderer shall have :                         (a) the export levy indicated on the licence reduced by
                                                                    the levy referred to in the second subparagraph of
(a) the right to claim in respect of the quantity                   Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in
     awarded, an export licence indicating as appro­                 force on the last day of validity of the said licence ;
     priate the export levy or the export refund quoted              or
     in his tender ;                                            (b) the sum of the export levy indicated on the
(b) the obligation to lodge, in accordance with the                  licences and the . export refund referred to in
     relevant provisions of Regulation (EEC) No                     Article 2 of Regulation (EEC) No 766/68 in force
     3183/80, an application for an export licence in                on the last day of validity of the said licence ; or
     respect of that quantity, Article 1 2 (2) of that Regu­    (c) the export refund referred to in Article 2 of Regu­
     lation and Article 10 of Regulation (EEC) No                    lation (EEC) No 766/68 in force on the last day of
     645/75 not applying in such a case. The applica­                validity of the licence, reduced by the refund indi­
     tion shall be lodged not later than :                           cated on the said licence :
 ---pagebreak---  No L 187/24                        Official Journal of the European Communities                              12. 7. 83
then, under the time limits and conditions laid down           the export levy decreased, by the difference, expressed
in Article 33 of Regulation (EEC) No 3183/80 and by            in ECU per 100 kilograms, between the intervention
way of a supplementary security for the quantity in            price of raw sugar applicable with effect from 1 July
respect of which the said obligation was not fulfilled,        1984 and the intervention price of that sugar appli­
the licence holder shall be charged an amount equal           cable on 30 June 1984.
to the difference between the result of the calculation
made under (a), (b) or (c), as the case may be, and the        In calculating the difference referred to in the above
security referred to in Article 6.                            subparagraph there shall be added to these interven­
                                                              tion prices the relevant storage levy as referred to
                                                              under (a) of the third subparagraph of Article 8 (2) of
                        Article 14
                                                              Regulation (EEC) No 1785/81 .
If the tenderer intends to apply for advance fixing of        3.     For the purposes of the adjustment referred to in
the monetary compensatory amount under this stan­             paragraph 1 , where the yield of the raw sugar differs
ding invitation to tender, the provisions of the second       from that of the standard quality as defined in Council
subparagraph of Article 3 ( 1 ) of Regulation (EEC) No        Regulation (EEC) No 431 /68 ('), the amount of the
1160/82 shall not apply.                                      adjustment shall be adapted in accordance with Article
                                                              2 of Regulation (EEC) No 837/68 (2).
When use is made of the provisions of the first sub­
paragraph of Article 3 ( 1 ) of that Regulation, those of     4. The request referred to in paragraph 1 must be
the third subparagraph of paragraph 1 and of para­            submitted by the export-licence holders concerned,
graph 2 of that Article shall remain applicable to this       before completion of the customs export formalities
tendering procedure.                                          relating to the quantities concerned, to the Member
                                                              State which issued the licence.
                        Article 15                            That Member State shall insert the relevant adjustment
                                                              in section 18 (a) of the export licence and shall place
1.    In so far as the conditions set out in Article 12 of
                                                              its stamp thereon.
Regulation (EEC) No 766/68 are satisfied, any export
refunds and export levies fixed in advance in connec­         Member States shall inform the Commission without
tion with this invitation to tender before 1 July 1984        delay of the quantities of sugar covered by the requests
for sugar exported on or after that date shall, at the        referred to in paragraph 1 .
request of the party concerned, be adjusted in accor­
dance with paragraph 2.                                                              Article 16
2. For purposes of the adjustment referred to in              This Regulation shall enter into force on 12 July 1983
paragraph 1 , the export refund shall be increased, and       and shall apply with effect from 26 April 1984.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 8 July 1983 .
                                                                        For the Commission
                                                                           Poul DALSAGER
                                                                    Member of the Commission
                                                              (') OJ No L 89, 10. 4. 1968, p. 3.
                                                              (A OJ No L 151 , 30. 6. 1968, p. 42.