CELEX: 31987R1092
Language: en
Date: 1987-04-22 00:00:00
Title: Commission Regulation (EEC) No 1092/87 of 15 April 1987 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar

22. 4. 87                               Official Journal of the European Communities                              No L 106/9
                                      COMMISSION REGULATION (EEC) No 1092/87
                                                       of 15 April 1987
                  on a standing invitation to tender to determine levies and/or refunds on exports
                                                        of white sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       issued in connection with the standing invitation to
                                                                  tender and there should be a derogation from Commi­
                                                                  sison Regulation (EEC) No 2630/81 of 10 September
                                                                   1981 on special detailed rules for the application of the
Having regard to the Treaty establishing the European             system of import and export licences for sugar (8), as last
Economic Community,                                               amended by Regulation (EEC) No 3819/85 (9) ; whereas,
                                                                  however, the provisions of Commission Regulation (EEC)
                                                                  No 3183/80 of 3 December 1980 laying down common
Having regard to Council Regulation (EEC) No 1785/81              detailed rules for the application of the system of import
of 30 June 1981 on the common organization of the                 and export licences and advance fixing certificates for
markets in the sugar sector ('), as last amended by Regula­       agricultural products (10), as last amended by Regulation
tion (EEC) No 229/87 (2), and in particular Articles 1 3 (2),     (EEC) No 3913/86 (u), and those of Commission Regula­
18 (5), 19 (4) and (7) and the second subparagraph of             tion (EEC) No 645/75 of 13 March 1975 laying down
Article 39 thereof,                                               common detailed rules for the application of the export
                                                                  levies and charges on agricultural products (u), as last
                                                                  amended by Regulation (EEC) No 1607/80 (13) should
                                                                  remain applicable ;
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
markets (3), and in particular Article 1 (1 ) thereof,
                                                                  Whereas the second subparagraph of Article 3 ( 1 ) of
                                                                  Commission Regulation (EEC) No 3155/85 of 11
                                                                  November 1985 providing for the advance fixing of
Whereas, in view of the situation on the Community and            monetary compensatory amounts (H), as amended by
world sugar markets, a standing invitation to tender              Regulation (EEC) No 3826/85 (1S), provides that, where
should be issued as soon as possible for the export of            the levy or refund is fixed in advance by means of
white sugar in respect of the 1987/88 marketing year              tenders, applications to fix the monetary compensatory
which, having regard to possible fluctuations in world            amount in advance shall be accepted only if the party
prices for sugar, must provide for the determination of           concerned has declared in writing at the time of submis­
export levies and/or export refunds ;                             sion of the tender that he will also apply to fix the mone­
                                                                  tary compensatory amount in advance if the tender is
                                                                  accepted in whole or in part ; whereas, in such cases, the
Whereas the general rules governing invitations to tender         obligation to lodge an application to fix the levy or refund
for the purpose of determining export refunds for sugar           in advance following acceptance of the tender involves an
were laid down in Council Regulation (EEC) No 766/68              obligation to request at the same time advance fixing of
of 18 June 1968 laying down general rules for granting            the monetary compensatory amount ; whereas, for reasons
export refunds on sugar (4), as last amended by Regulation        peculiar to the market in sugar, when an operator intends
(EEC) No 1489/76 0 ;                                              to make use of the facility of fixing a monetary compen­
                                                                  satory amount in advance in connection with an export
                                                                   levy or refund fixed in advance under a tendering proce­
                                                                   dure he only makes up his mind to         so at the moment
Whereas, in view of the specific nature of the transactions       when the application for the export licence is made ;
involved, special detailed rules should be laid down in           whereas it is only after he has been declared successful in
this Regulation, and those provided for in Commission              respect of a levy or refund for the quantity of sugar indi­
Regulation (EEC) No 394/70 of 2 March 1970 on detailed             cated in his tender that the said monetary compensatory
rules for granting export refunds on sugar (*), as last            amount can be fixed in advance ; whereas, in conse­
amended by Regulation (EEC) No 1467/77 should not                  quence, a derogation should be made from the said provi­
apply ; whereas, for the same reasons, appropriate provi­          sion in the case of this tendering procedure, so that appli
 sions should be laid down with regard to export licences
                                                                    8) OJ No L 258, 11 . 9. 1981 , p. 16.
(') OJ  No  L 177, 1 . 7. 1981 , p. 4.                              ') OJ No L 368, 31 . 12. 1985, p. 25.
(J) OJ  No  L 25, 28 . 1 . 1987, p. 1 .                             10) OJ No L 338, 13 . 12. 1980, p. 1 .
(3) OJ  No  L 75, 28 . 3. 1972, p. 5.                               ")  OJ No  L 364, 23. 12. 1986, p. 31 .
(<) OJ  No  L 143, 25. 6. 1978, p. 6.                               11) OJ No  L 67, 14. 3. 1975, p. 16.
(*) OJ  No  L 167, 26. 6. 1976, p. 13.                              ,3) OJ No  L  160, 26. 6. 1980, p. 42.
(«) OJ  No  50, 4. 3. 1970, p. 1 .                                  M)  OJ No  L 310, 21 . 11 . 1985, p. 22.
n   OJ  No  L 162, 1 . 7. 1977, p. 6.                               15) OJ No  L 371 , 31 . 12. 1985, p. 1 .
 ---pagebreak--- No L 106/ 10                          Official Journal of the European Communities                                   22. 4. 87
cation for advance fixing of the monetary compensatory          — Wednesday, 10 and 17 June 1987 shall end on
amount at the time when the application for the export                Tuesday, 9 and 16 June 1987 respectively at 10.30
licence is made should be possible ;                                  a.m .,
                                                                — Wednesday, 28 October 1987 shall end on Tuesday,
Whereas the measures provided for in this Regulation are              27 October 1987 at 10.30 a.m.,
in accordance with the opinion of the Management                — Wednesday, 11 and 18 November 1987 shall end on
Committee for Sugar,
                                                                      Tuesday, 10 and 17 November 1987 respectively at
                                                                      10.30 a.m .
HAS ADOPTED THIS REGULATION :                                   4. Notwithstanding paragraph 2, no partial invitations
                                                                to tender will be issued on Wednesday, 23 and 30
                                                                December 1987.
                          Article 1
                                                                5. The time limits laid down in this Regulation are
1 . A standing invitation to tender shall be issued in          expressed in Belgian time.
order to determine export levies and/or export refunds on
white sugar. During the period of validity of this standing                                  Article 5
invitation, partial invitations to tender shall be issued.       1.     Offers in connection with this tender must be in
2. The standing invitation to tender shall remain open          writing, and must be either delivered by hand, against a
until 31 July 1988 .                                            receipt, to the competent authority in a Member State, or
                                                                addressed to that authority by registered letter, telex or
                                                                telegram.
                          Article 2
                                                                2.      An offer must indicate :
The standing invitation to tender and the partial invita­       (a) the reference number of the invitation to tender to
tions shall be conducted in accordance with Regulation                which the offer relates ;
(EEC) No 766/68 and with the following provisions.              (b) the name and address of the tenderer ;
Regulation (EEC) No 394/70 shall not apply.
                                                                (c) the quantity of white sugar to be exported ;
                                                                (d) the amount of the export levy or, where applicable, of
                          Article 3
                                                                      the export refund, per 100 kilograms of white sugar,
 1.    The notice of the invitation to tender shall be
                                                                      expressed in the currency of the Member State in
                                                                      which the tender is submitted ;
published in the Official Journal of the European
 Communities. Member States may also publish the notice,         (e) the minimum amount of the security to be lodged
or have it published, elsewhere.                                      covering the quantity of sugar indicated in (c),
                                                                      expressed in the currency of the Member State in
2.     The notice shall indicate in particular the terms of           which the tender is submitted.
the invitation of tender.
                                                                 3.      An offer "shall be valid only if :
3 . The notice may be amended during the period of               (a) the quantity to be exported is not less than 250 tonnes
validity of the standing invitation to tender. It shall be so         of white sugar ;
 amended if the terms of the invitation to tender are modi­
 fied during that period.                                        (b) proof is furnished before expiry of the time limit for
                                                                    . the submission of tenders that the tenderer has lodged
                                                                      the security indicated in the tender ;
                           Article 4
                                                                 (c) it includes a declaration by the tenderer that if his
                                                                      tender is successful he will, within the period laid
 1 . The period during which tenders may be submitted                 down in Article 12 (b), apply for an export licence or
 in response to the first partial invitation to tender :              licences in respect of the quantities of white sugar to
 (a) shall begin on 22 April 1987 ;                                   be exported ;
 (b) shall end on 6 May 1987 at 10.30 a.m.                       (d) it includes a declaration by the tenderer that if his
                                                                       tender is successful he will :
 2. The periods during which tenders may be submitted                 — where the obligation to export resulting from the
 in response to the second and subsequent partial invita­                  export licence referred to in Article 12 (b) is not
 tions :
                                                                           fulfilled, supplement the security by payment of
 (a) shall begin on the first working day following the end                the amount referred to in Article 13 (4), and
     of the preceding period ;                                        — within 30 days following the expiry of the export
                                                                           licence in question, notify the agency which issued
 (b) shall end at 10.30 a.m . on the Wednesday of the follo­                the licence of the quantity or quantities in respect
     wing week.                                                             of which the licence was not used ;
 3.    Notwithstanding paragraph 2 (b), the period for the        (e) it contains all the information required under para­
 submission of tenders which was to end on                             graph 2.
 ---pagebreak--- 22. 4. 87                               Official Journal of the European Communities                            No L 106/ 11
4. A tender may stipulate that it is to be regarded as                resulting from the licence referred to under Article 1 2
having been submitted only if :                                       (b) in accordance with the terms of Article 33 of that
                                                                      Regulation.
(a) the minimum export levy or, where applicable, the
     maximum export refund is fixed on the day of the                 The part of the security or the security which is not
     expiry of the period for the submission of the tenders           released shall be forfeit in respect of the quantity of
     in question ;                                                    sugar for which the corresponding obligations have
                                                                      not been fulfilled.
(b) the tender, if successful, relates to all or a specified
     part of the tendered quantity.                               4.    In case of force majeure, the competent authority of
                                                                  the Member State concerned shall take such action as it
5.     A tender which is not submitted in accordance with         considers necessary having regard to the circumstances
the provisions of this Regulation, or which contains terms        invoked by the party concerned.
other than those indicated in the present invitation to
tender, shall not be considered.
                                                                                            Article 7
6.     Once submitted, a tender may not be withdrawn .            1.    Tenders shall be examined in private by the compe­
                                                                  tent authority concerned. The persons present at the
                                                                  examination shall be under an obligation not to disclose
                           Article 6                              any particulars relating thereto.
                                                                  2.    Tenders shall be communicated to the Commission
1 . A security of 9 ECU per 100 kilograms of white
                                                                  forthwith and in such a manner that the tenderers remain
sugar to be exported under this invitation to tender must
be lodged by each tenderer. Without prejudice to Article          anonymous.
13 (3), this security shall in the case of successful tende­
rers and at the time of the application referred to in                                      Article 8
Article 1 2 (b) become the security for the export licence.
                                                                  1.    After the tenders received have been examined, a
2. The security may be lodged at the tenderer's choice,           maximum quantity may be fixed for the partial infitation
either in cash or in the form of a guarantee given by an          concerned.
establishment complying with criteria laid down by the
Member State in which the tender is submitted.                    2. A decision may be taken to make no award under a
                                                                  specific partial invitation to tender.
3 . Except in cases of force majeure the security referred
to in paragraph 1 will be released :
                                                                                            Article 9
(a) to unsuccessful tenderers in respect of the quantity for
    which no award has been made ;                                1 . In the light of the current state and foreseeable
                                                                  development of the Community and world sugar markets,
(b) to successful tenderers who have not applied for the          there shall be fixed either :
    relevant exort licence within the period referred to in
    Article 12 (b), to the extent of 8 ECU per 100 kilo­          — a minimum export levy,
    grams of white sugar.                                             or
                                                                  — a maximum export refund.
     However, this part of the releasable security shall be
    reduced by the amount representing the difference             2. Subject to Article 10, where a minimum export
    existing, as applicable :                                     refund is fixed, a contract shall be awarded to every
                                                                  tenderer whose tender quotes a rate of refund equal to or
    — between the maximum amount of the export,                   greater than such minimum levy.
         refund fixed for the partial invitation concerned
         and the maximum amount of the export refund              3. Subject to Article 10, where a maximum export
         fixed for the following partial invitation when the      refund is fixed, a contract shall be awarded to every
         latter amount is higher than the former,                 tenderer whose tender quotes a rate of refund equal to or
         or                                                       less than such maximum refund and to every tenderer
                                                                  who has tendered for an export levy.
    — between the minimum amount of the export levy
         fixed for the partial invitation concerned and the
         minimum amount of the export levy fixed for the                                    Article 10
         following partial invitation when the latter amount
         is lower than the former ;                               1 . Where a maximum quantity has been fixed for a
                                                                  partial invitation to tender :
(c) to successful tenderers for the quantity for which they
     have fulfilled, within the meaning of Article 29 (b)         — if a minimum levy is fixed, a contract shall be
     and the first subparagraph of Article 30 (1 ) (b) of             awarded to the tenderer whose tender quotes the
     Regulation (EEC) No 3183/80, the export obligation               highest levy ; if the maximum quantity is not fully
 ---pagebreak--- No L 106/ 12                           Official Journal of the European Communities                                    22 . 4. 87
    covered by that award, awards shall be made to other              quantity, the application not being revocable and
    tenderers in descending order of levies quoted until              Article 10 of Regulation (EEC) No 645/75 not
    the entire maximum quantity has been accounted for,               applying in such a case. The application shall be
— if a maximum refund is fixed, contracts shall be                    lodged in accordance with the relevant provisions of
    awarded in accordance with the first indent ; if after            Regulation (EEC) No 3183/80, not later than :
    such awards a quantity is still outstanding, or if there          — the last working day preceding the date of the
    are no tenders quoting an export levy, contracts shall                 partial invitation to tender to be held the following
    be awarded in ascending order of refunds quoted until                  week,
    the entire maximum quantity has been accounted for,
                                                                           or
    to tenderers quoting a refund.
                                                                      — if no partial invitation to tender is due to be held
2. However, where an award to a particular tenderer in                     that week, the last working day of the following
accordance with the provisions of paragraph 1 would                       week ;
result in the maximum quantity being exceeded, that
award shall be limited to such quantity as is still available.   (c) the obligation to export the tendered quantity and, if
Where two or more tenderers quote the same levy or the                this obligation is not fulfilled, to pay, where necessary,
same refund and awards to all of them would result in the             the amount referred to in Article 13 (4).
maximum quantity being 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 their
                                                                                             Article 13
    tenders, or
— by being apportioned among the tenderers concerned             1 . The first paragraph of Article 9 of Regulation (EEC)
    by reference to a maximum tonnage to be fixed for            No 2630/81 shall not apply to the white sugar to be
    each of them, or
                                                                 exported in accordance with this Regulation .
— by the drawing of lots.
                                                                 2. Export licences issued in connection with a partial
                                                                 invitation to tender shall be valid from the day of issue
                                                                 until the end of the fifth calendar month following that
                          Article 11
                                                                 in which the partial invitation was issued.
1 . The competent authority of the Member State                  However, export licences issued in respect of the partial
concerned shall immediately notify applicants of the             invitations held after 1 May 1988 will be valid only until
result of their participation in the invitation to tender. In    30 September 1988 .
addition, that authority shall send successful tenderers a
statement of award.
                                                                 3. The export licences issued in respect of the partial
                                                                 invitations held between 6 May 1987 and 9 September
2.     The statement of award shall indicate :                    1987 will be usable only after 15 September 1987.
(a) the reference number of the invitation to which the          4. Except in cases of force majeure, if the obligation to
    tender relates ;                                             export resulting from the export licence referred to under
(b) the quantity white sugar to be exported ;                    Article 12 (b) has not been fulfilled and if the security
                                                                 referred to in Article 6 is less than :
(c) the export levy to be charged, or where applicable the
    export refund to be granted, per 100 kilograms of            (a) the export levy indicated on the licence reduced by
    white sugar of the quantity referred to in (b).                   the levy referred to in the second subparagraph of
                                                                      Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in
                                                                      force on the last day of validity of the said licence,
                          Article 12                                  or
                                                                 (b) the sum of the export levy indicated on the licence
Every successful tenderer shall have :                                and the refund referred to in Article 2 of Regulation
                                                                      (EEC) No 766/68 in force on the last day of validity of
(a) the right to receive in the circumstances referred to              the said licence,
     under (b), in respect of the quantity awarded, an
     export licence indicating, as appropriate, the export             or
     levy or the export refund quoted in his tender ;
                                                                  (c) the export refund referred to in Article 2 of Regulation
(b) the obligation to lodge, in accordance with the rele­              (EEC) No 766/68 in force on the last day of validity of
     vant provisions of Regulation (EEC) No 3183/80, an                the licence reduced by the refund indicated on the
     application for an export licence in respect of that              said licence,
 ---pagebreak--- 22. 4. 87                              Official Journal of the European Communities                            No L 106/ 13
then, for the quantity in respect of which the said obliga­      (b) in the event of the fixing of an intervention price for
tion was not fulfilled, the licence holder shall be charged          white sugar applicable with effect from 1 July 1987
an amount equal to the difference between the result of              which is lower than that in force on 30 June 1987, the
the calculation made under (a), (b) or (c), as the case may          export refund shall be reduced and the export levy
be, and the security referred to in Article 6 (1 ).                  shall be increased by the difference expressed in ECU
                                                                     per 100 kilograms existing between the intervention
                                                                     price for white sugar in force on 30 June 1987 and
                          Article 14                                 the intervention price for that sugar applicable with
                                                                     effect from 1 July 1987.
If the tenderer intends to apply for advance fixing of the
monetary compensatory amount under this standing invi­           3.    For the calculation of the differences referred to in
tation to tender, the provisions of the second paragraph of      paragraph 2, the intervention prices in question shall be
Article 3 (1 ) of Regulation (EEC) No 3155/85 shall not          increased by the corresponding storage levy referred to in
apply.                                                           the second subparagraph of Article 8 (2) of Regulation
                                                                 (EEC) No 1785/81 .
                          Article 15                             4. For the purpose of applying this Article, the
                                                                 Member State issuing the relevant export licence shall at
 1 . If the terms of Article 12 of Regulation (EEC) No           the time of issue complete section 18a by adding the
766/68 apply, the export refunds and export levies fixed         following : 'to be adjusted in accordance with adjudication
in advance under the terms of the present invitation to          Regulation (EEC) No 1092/87 for exports which take
tender :                                                         place after 30 June ...' (1987 or 1988 as applicable).
                                                                 5. Upon presentation by the holder of the export
(a) before 1 July 1987, for the sugar exported as from that
     date ;
                                                                 licence concerned, or by the assignee when the licence
                                                                 has been transferred, to the Member State that issued it
(b) before 1 July 1988, for the sugar exported as from that      and before the customs formalities for the quantities
     date ;                                                      concerned have been carried out, that Member State shall
                                                                 enter the adjustment to be made in section 18a and shall
shall be adjusted.                                               duly certify and stamp that section.
2.     For the adjustment referred to in paragraph 1 (a) :        6. For the adjustment referred to in paragraph 1 (b) the
(a) in the event of the fixing of an intervention price for      provisions of paragraphs 2 of 5 shall be applicable
                                                                  mutatis mutandis.
     white sugar applicable with effect from 1 July 1987
     which is greater than that in force on 30 June 1987,         7.   The Member States shall inform the Commission as
     the export refund shall be increased and the export          quickly as possible of the quantities of sugar for which an
     levy shall be reduced by the difference expressed in         adjustment under this Article has been made.
     ECU per 100 kilograms existing between the interven­
     tion price for white sugar applicable with effect from                                Article 16
     1 July 1987 and the intervention price for that sugar
     in force on 30 June 1987 ;                                   This Regulation shall enter into force on 22 April 1987.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 15 April 1987.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                                Vice-President