CELEX: 31982R2016
Language: en
Date: 1982-07-24 00:00:00
Title: Commission Regulation (EEC) No 2016/82 of 20 July 1982 on a supplementary standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

24. 7. 82                                Official Journal of the European Communities                           No L 216/25
                                    COMMISSION REGULATION (EEC) No 2016/82
                                                         of 20 July 1982
              on a supplementary standing invitation to tender in order to determine levies
                                         and/or refunds on exports of white sugar
THE    COMMISSION OF THE EUROPEAN                                  special detailed rules for the application of the system
COMMUNITIES,                                                       of import and export licences for sugar (8), as last
                                                                   amended by Regulation (EEC) No 3027/81 (9), from
                                                                   Commission Regulation (EEC) No 3183/80 of 3
Having regard to the Treaty establishing the European              December 1980 laying down common detailed rules
Economic Community,                                                for the application of the system of import and export
                                                                   licences and advance-fixing certificates for agricultural
                                                                   products (10), as last amended by Regulation (EEC) No
Having regard to Council Regulation (EEC) No                       49/82 (u), and from Commission Regulation (EEC) No
1785/81 of 30 June 1981 on the common organization                 645/75 of 13 March 1975 laying down common
of the markets in the sugar sector ('), as last amended            detailed rules for the application of the export levies
by Regulation (EEC) No 606/82 (2), and in particular               and charges on agricultural products (n), as last
Articles 13 (2), 18 (5), 19 (4) and (7) and the second             amended by Regulation (EEC) No 1607/80 (13) ;
paragraph of Article 39 thereof,
Having regard to Council Regulation (EEC) No 608/72                Whereas the second subparagraph of Article 3 ( 1 ) of
of 23 March 1972 laying down rules to be applied in                Commission Regulation EEC) No 1160/82 of 14 May
the case of considerable price rises on the world sugar            1982 providing for the advance fixing of monetary
market (3), and in particular Article 1 (1 ) thereof,              compensatory amounts (14) 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 supplementary standing                  in advance shall be accepted only if the party
invitation to tender should be issued for export of                concerned has declared in writing at the time of
white sugar which, having regard to possible fluctua­              submission of the tender that he will also apply to fix
tions in world prices for sugar, must provide for the              the monetary compensatory amount in advance if the
determination of export levies and/or export refunds ;             tender is accepted in whole or in part ; whereas, in
                                                                   such cases, the obligation to lodge an application to fix
                                                                   the levy or refund in advance following acceptance of
Whereas the general rules governing invitations to                 the tender involves an obligation to request at the
tender for the purpose of determining export refunds               same time advance fixing of the monetary compensa­
for sugar were laid down in Council Regulation (EEC)               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                  of the facility of fixing a monetary compensatory
amended by Regulation (EEC) No 1489/76 (^ ;                        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 do so at the
Whereas, in view of the specific nature of the transac­            moment when the application for the export licence is
tions involved, special detailed rules of application              made ; whereas it is only after he has been declared
should be laid down in this Regulation, and those                  successful in respect of a levy or refund for the quan­
provided for in Commission Regulation (EEC) No                     tity of sugar indicated in his tender that the said
394/70 of 2 March 1970 on detailed rules for granting              monetary compensatory amount can be fixed in
export refunds on sugar (6), as last amended by Regula­            advance ; whereas application of the second subpara­
tion (EEC) No 1467/77 Q, should not apply ; whereas,               graph of the said Article 3 ( 1 ) would as a consequence,
for the same reasons, appropriate provisions should be             if the tenderer did not, as laid down, ask for advance
laid down with regard to export licences issued in                 fixing of the monetary compensatory amount at the
connection with the standing invitation to tender and              time the licence or certificate was applied for, entail
there should be a derogation from Commission Regu­                 his losing a very large security, the loss of which would
lation (EEC) No 2630/ 81 of 10 September 1981 on                   be out of proportion to the objective of the provisions
(•) OJ  No  L 177, 1 . 7. 1981 , p. 4.                             (8) OJ No L 258 11 . 9. 1981 , p. 16.
O   OJ  No  L 74, 18 . 3. 1982, p. 1 .                             0 OJ No L 302, 23 . 10 . 1981 , p. 22.
O   OJ  No  L 75, 28 . 3 . 1972, p. 5.                             (10) OJ No L 338, 13. 12. 1980, p. 1 .
O   OJ  No  L 143, 25. 6. 1968, p. 6.                              ('■) OJ No L 7, 12. 1 . 1982, p. 7.
O   OJ  No  L 167, 26 . 6 . 1976, p. 13,                           (12) 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.
O   OJ  No  L 162, 1 . 7. 1977, p. 6.                              H OJ No L 134, 15. 5. 1982, p. 22.
 ---pagebreak--- No L 216/26                         Official Journal of the European Communities                              24. 7. 82
of the second subparagraph of the said Article 3 (1 ) ;       (a) shall begin on 28 April 1983 ;
whereas, in consequence, a derogation should be made          (b) shall end on 4 May 1983 at 10.30 a.m.
from the said provision in the case of this tendering
procedure, so that application for advance fixing of the
monetary compensatory amount at the time when the             2. The periods during which tenders may be
application for the export licence is made should be          submitted in response to the second and subsequent
                                                              partial invitations :
optional ;
                                                              (a) shall begin on the first working day following the
Whereas the measures provided for in this Regulation               end of the preceding period ;
are in accordance with the opinion of the Management
Committee for Sugar,                                          (b) shall end at 10.30 a.m. on the Wednesday of the
                                                                   following week.
                                                              3 . The time limits laid down in this Regulation are
HAS ADOPTED THIS REGULATION :
                                                              expressed in Belgian time.
                                                                                         Article 5
                        Article 1
                                                               1.     Offers in connection with this tender must be in
1 . There shall be issued a supplementary standing            writing, and must be either delivered by hand, against
invitation to tender in order to determine export levies      a receipt, to the competent authority in a Member
and/or export refunds on white sugar, and during the          State, or addressed to that authority by registered letter,
period of validity of this standing invitation there shall    telex or telegram .
be issued partial invitations to tender.
                                                              2.      Α ΙεηάεΓ ηιιΐδΐ ίηάίΰβίε :
2. The standing invitation to tender shall remain
open until 31 August 1983 .                                   (a) the reference number of the invitation to tender to
                                                                   which the offer relates ;
                                                              (b) the name and address of the tenderer ;
                         Article 2
                                                              (c) the quantity tel quel of raw sugar to be exported ;
The standing invitation to tender and the partial invi­       (d) the amount of the export levy or, where applicable
tations shall be conducted in accordance with Regula­              of the export refund per 100 kilograms of white
tion (EEC) No 766/68 and with the following provi­                 sugar, expressed in the currency of the Member
sions. Regulation (EEC) No 394/70 shall not apply.                 State in which the tender is submitted ;
                                                              (e) the minimum amount of the security to be lodged
                                                                   covering the quantity of sugar indicated in (c),
                         Article 3                                 expressed in the currency of the Member State in
                                                                   which the tender is submitted .
 1 . Member States shall draw up a notice of invita­
 tion to tender which shall be published in the Official       3.     An offer shall be valid only if :
Journal of the European Communities. Member States
 may also publish the notice, or have it published, else­      (a) the quantity to be exported is not less than 250
where .                                                            tonnes of white sugar ;
                                                               (b) proof is furnished before expiry of the time limit
 2.    The notice shall indicate in particular the terms            for the submission of tenders that the tenderer has
 of the invitation to tender.                                      lodged the security indicated in the tender ;
                                                               (c) it includes a declaration by the tenderer that if his
 3.    The notice shall be published only for the                   offer is successful he will, within the period laid
 purpose of opening the standing invitation to tender.              down under (b) of Article 12, apply for export
 It may be amended during the period of validity of the             licences in respect of the quantities of white sugar
 standing invitation to tender. It shall be so amended if           to be exported ;
 the terms of the invitation to tender are modified.
                                                               (d) it includes a declaration by the tenderer that if his
                                                                    tender is successful he will :
                         Article 4                                  — where the obligation to export created by the
                                                                        export licence referred to under (b) of Article
  1 . The period during which tenders may be                             12 is not fulfilled, supplement the security by
 submitted in response to the first partial invitation to                payment of the amount referred to in Article
 tender :                                                                13 (4) and,
 ---pagebreak--- 24. 7. 82                            Official Journal of the European Communities                        No L 216/27
     — within 30 days following the expiry of the                                       Article 7
         export licence in question, notify the agency
         which issued the licence of the quantity or           1 . Tenders shall be examined in private by the
          quantities in respect of which the licence was       competent authority concerned. Subject to paragraph
          not used ;                                           2, persons present at the examination shall be under
(e) it contains all the information required under para­       an obligation not to disclose any particulars relating
     graph 2.                                                  thereto.
4. A tender may stipulate that it is to be regarded as         2.     Tenders shall be communicated to the Commis­
having been submitted only if :                                sion forthwith and in such manner that the tenderers
                                                               remain anonymous.
(a) the minimum export levy or, where applicable the
     maximum export refund, is fixed on the day of the
     expiry of the period for the submission of the
     tenders in question ;                                                              Article 8
(b) the tender, if successful, relates to all or a specified
     part of the tendered quantity.                            1 . After the tenders received have been examined, a
                                                               maximum quantity may be fixed for that partial invita­
5.     A tender which is not submitted in accordance           tion .
with the provisions of this Regulation, or which
contains terms other than those indicated in the notice        2. A decision may be taken to make no award
of invitation to tender, shall not be considered.              under a specific partial invitation to tender.
6.     Once submitted, a tender may not be withdrawn .
                                                                                         Article 9
                          Article 6
                                                                1 . In the light of the intervention price for white
 1 . A security of 9 ECU per 100 kilograms of sugar            sugar for the 1982/83 marketing year and, in parti­
to be exported under this invitation to tender must be         cular, the current state and foreseeable development of
lodged by each tenderer. Without prejudice to Article          the Community and world sugar markets, there shall
                                                               be fixed either :
 13 (4), this security shall in the case of successful
tenderers and at the time of the application referred to
in Article 12 (b) become the security for the export           — a minimum export levy, or
licence .                                                      — a maximum export refund.
2.     The security may be lodged at the tenderer's            2. Subject to Article 10, where a minimum export
 choice, either in cash or in the form of a guarantee          levy is fixed, a contract shall be awarded to every
given by an establishment complying with criteria laid         tenderer whose tender quotes a rate of levy equal to or
 down by the Member State in which the tender is               greater than such minimum levy.
 submitted.
                                                               3. Subject to Article 10, where a maximum export
 3.     Except in the case of force majeure, the security      refund is fixed, a contract shall be awarded to every
will be released :
                                                               tenderer whose tender quotes a rate of refund equal to
(a) to tenderers only in respect of the quantity for            or less than such maximum refund and to every
     which no award was made,                                   tenderer who has tendered for an export levy.
 (b) to successful tenderers only if they applied for
     their export licence within the period laid down
     under (b) of Article 12 and only for the quantity in                               Article 10
     respect of which they have fulfilled the obligation
     created by that licence, Article 33 of Regulation          1 . Where a maximum quantity has been fixed for a
     (EEC) No 3183/80 remaining applicable. The secu­           partial invitation to tender :
     rity lodged in respect of a quantity for which the
      above obligations have not been fulfilled shall be        — if a minimum levy is fixed, a contract shall be
      forfeited.                                                    awarded to the tenderer whose tender quotes the
                                                                    highest levy ; if the maximum quantity is not fully
 4.     In case of force majeure, the competent agency              covered by that award, awards shall be made to
 in the Member State concerned shall take such action               other tenderers in descending order of levies
 as it considers necessary having regard to the circum­             quoted until the entire maximum quantity has
 stances invoked by the party concerned.                            been accounted for,
 ---pagebreak--- No L 216/28                           Official Journal of the European Communities                                24. 7. 82
— if a maximum refund is fixed, contracts shall be                   lation and Article 10 of Regulation (EEC) No
     awarded in accordance with the first indent ; if                645/75 not applying in such a case. The applica­
     after such awards a quantity is still outstanding, or           tion shall be lodged not later than :
     if there are no tenders quoting an export levy,
     contracts shall be awarded in ascending order of ,              — the last working day preceding the date of the
     refunds quoted until the entire maximum quantity                     partial invitation to tender to be held the
     has been accounted for, to tenderers quoting a                       following week, or
     refund.                                                         — if no partial invitation to tender is due to be
                                                                          held that week, the last working day of the
2. However, where an award to a particular tenderer                       following week,
in accordance with the provisions of paragraph 1                (c) the obligation to export the tendered quantity and,
would result in the maximum quantity being                           if this obligation is not fulfilled, to pay, where
exceeded, that award shall be limited to such quantity               necessary, the amount referred to in Article 1 3 (4).
as is still available. Where two or more tenderers quote
the same levy or the same refund and awards to all of
them would result in the maximum quantity being                 This right and these obligations are not transferable.
exceeded, then the quantity available shall be awarded
as follows :
                                                                                          Article 13
— by being divided among the tenderers concerned
     in proportion to the total quantities in each of            1 . The first paragraph of Article 9 of Regulation
      their tenders, or
                                                                (EEC) No 2630/81 shall not apply to the white sugar
— by being apportioned among the tenderers                      to be exported in accordance with this Regulation.
      concerned by reference to a maximum tonnage to
      be fixed for each of them, or                             2.      Export licences issued in connection with a
— by the drawing of lots.                                       partial invitation to tender shall be valid from the day
                                                                of issue until 30 September 1983.
                          Article 11
                                                                 3. Export licences issued in connection with a
                                                                partial invitation to tender held between 4 May and 29
                                                                June 1983 shall be used only with effect from 1 July
 1 . The competent authority of the Member State                 1983 .
concerned shall immediately notify applicants of the
result of their participation in the invitation to tender.       4. Except in cases of force majeure) if the obligation
In addition, that authority shall send successful                to export created by the export licence referred to
tenderers a statement of award .
                                                                 under (b) of Article 1 2 has not been fulfilled and if the
                                                                 security referred to in Article 6 is less than :
 2.      The statement of award shall indicate :
                                                                 (a) the export levy indicated on the licence reduced by
 (a) the reference number of the invitation to which                  the levy referred to in the second subparagraph of
      the tender relates ;                                            Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in
                                                                      force on the last day of validity of the said licence ;
 (b) the quantity of white sugar to be exported ;                     or
 (c) the export levy to be charged, or where applicable
       the export refund to be granted, per 100 kilograms        (b) the sum of the export levy indicated on the licence
      of white sugar of the quantity referred to in (b).              and the export refund referred to in Article 2 of
                                                                      Regulation (EEC) No 766/68 in force on the last
                                                                      day of validity of the said licence ; or
                                                                 (c) the export refund referred to in Article 2 of Regu­
                          Article 12
                                                                      lation (EEC) No 766/68 in force on the last day of
                                                                      validity of the licence reduced by the refund indi­
  Every successful tenderer shall have :                              cated on the said licence ;
 (a) the right to claim in respect of the quantity                then, under the time limits and conditions laid down
       awarded, an export licence indicating as appro­            in Article 33 of Regulation (EEC) No 3183/80 and by
       priate the export levy or the export refund quoted         way of a supplementary security for the quantity in
       in his tender ;
                                                                  respect of which the said obligation was not fulfilled,
  (b) the obligation to lodge, in accordance with the             the licence holder shall be charged an amount equal
       relevant provisions of Regulation (EEC) No                 to the difference between the result of the calculation
       3183/80, an application for an export licence in           made under (a), (b) or (c), as the case may be, and the
       respect of that quantity, Article 1 2 (2) of that Regu­    security referred to in Article 6.
 ---pagebreak--- 24. 7. 82                           Official Journal of the European Communities                        No L 216/29
                        Article 14                            in ECU per 100 kilograms, between the intervention
                                                              price of white sugar applicable with effect from 1 July
If the tenderer intends to apply for advance fixing of        1983 and the intervention price of that sugar
the monetary compensatory amount under this                   applicable on 30 June 1983 .
standing invitation to tender, the provisions of the
second subparagraph of Article 3 (1 ) of Regulation           In calculating the difference referred to in the above
(EEC) No 1160/82 shall not apply.                             subparagraph there shall be added to these interven­
                                                              tion prices the relevant storage levy as referred to
When use is made of the provisions of the first               under (a) of the third subparagraph of Article 8 (2) of
subparagraph of Article 3 ( 1 ) of that Regulation, those     Regulation (EEC) No 1785/81 .
of the third subparagraph of paragraph 1 and of para­         3. The request referred to in paragraph 1 must be
graph 2 of that Article shall remain applicable to this       submitted by the export-licence holders concerned,
tendering procedure.                                          before completion of the customs export formalities
                                                              relating to the quantities concerned, to the Member
                        Article 15                            State which issued the licence .
1.    In so far as the conditions set out in Article 1 2 of
                                                              That Member State shall insert the relevant adjustment
                                                              in section 18a of the export licence and shall place its
Regulation (EEC) No 766/68 are satisfied, any export          stamp thereon.
refunds and export levies fixed in advance in connec­
tion with this invitation to tender before 1 July 1983        The Member States shall inform the Commission
for sugar exported on or after that date shall, at the        without delay of the quantities of sugar covered by the
request of the party concerned, be adjusted in accor­         requests referred to in paragraph 1 .
dance with paragraph 2.
                                                                                     Article 16
2. For purposes of the adjustment referred to in
paragraph 1 , the export refund shall be increased, and       This Regulation shall enter into force on 24 July 1982
the export levy decreased, by the difference, expressed        and shall apply with effect from 28 April 1983.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 20 July 1982.
                                                                        For the Commission
                                                                          Poul DALSAGER
                                                                    Member of the Commission