CELEX: 31982R2015
Language: en
Date: 1982-07-24 00:00:00
Title: Commission Regulation (EEC) No 2015/82 of 20 July 1982 on a supplementary standing invitation to tender in order to determine levies and/or refunds on exports of raw sugar

No L 216/20                            Official Journal of the European Communities                               24. 7. 82
                                  COMMISSION REGULATION (EEC) No 2015/82
                                                        of 20 July 1982
              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                                     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 f), from
 Having regard to the Treaty establishing the European             Commission Regulation (EEC) No 3183/80 of 3
 Economic Community,                                               December 1980 laying down common detailed rules
                                                                  for the application of the system of import and export
 Having regard to Council Regulation (EEC) No                     licences and advance-fixing certificates for agricultural
 1785/81 of 30 June 1981 on the common organization               products (10), as last amended by Regulation (EEC) No
of the markets in the sugar sector ('), as last amended           49/82 ("), and from Commission Regulation (EEC) No
by Regulation (EEC) No 606/82 (2), and in particular              645/75 of 13 March 1975 laying down common
Articles 13 (2), 18 (5), 19 (4) and (7) and the second            detailed rules for the application of the export levies
paragraph of Article 39 thereof,                                  and charges on agricultural products (12), as last
                                                                  amended by Regulation (EEC) No 1607/80 (13);
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
Whereas, in view of the situation on the Community
                                                                   1982 providing for the advance fixing of monetary
and world sugar markets, a supplementary standing                 compensatory amounts (H) provides that, where the
invitation to tender should be issued for export of raw           levy or refund is fixed in advance by means of tenders,
sugar obtained from beet or cane harvested in the                 applications to fix the monetary compensatory amount
Community ; whereas, in view of possible fluctuations
                                                                  in advance shall be accepted only if the party
in world prices for sugar, the invitation to tender must
                                                                  concerned has declared in writing at the time of
provide for the determination of export levies and/or
export refunds ;
                                                                  submission of the tender that he will also apply to fix
                                                                  the monetary compensatory amount in advance if the
                                                                  tender is accepted in whole or in part ; whereas, in
Whereas the general rules governing invitations to                such cases, the obligation to lodge an application to fix
tender for the purpose of determining export refunds              the levy or refund in advance following acceptance of
for sugar were laid down in Council Regulation (EEC)              the tender involves an obligation to request at the
No 766/68 of 18 June 1968 laying down general rules               same time advance fixing of the monetary compensa­
for granting export refunds on sugar (4), as last                 tory amount ; whereas, for reasons peculiar to the
amended by Regulation (EEC) No 1489/76 (*) ;                      market in sugar, when a operator intends to make use
                                                                  of the facility of fixing a monetary compensatory
Whereas, in view of the specific nature of the trans­             amount in advance in connection with an export levy
actions involved, special detailed rules of application           or refund fixed in advance under a tendering pro­
should be laid down in this Regulation, and those                 cedure he only makes up his mind to do so at the
provided for in Commission Regulation (EEC) No                    moment when the application for the export licence is
394/70 of 2 March 1970 on detailed rules for granting             made ; whereas it is only after he has been declared
export refunds on sugar (6), as last amended by Regula­           successful in respect of a levy or refund for the quan­
tion (EEC) No 1467/77 f7), should not apply ; whereas,            tity of sugar indicated in his tender that the said
for the same reasons, appropriate provisions should be            monetary compensatory amount can be fixed in
laid down with regard to export licences issued in                advance ; whereas application of the second subpara­
connection with the standing invitation to tender and             graph of the said Article 3 ( 1 ) would as a consequence,
there should be a derogation from Commission Regu­                if the tenderer did not, as laid down, ask for advance
lation (EEC) No 2630/81 of 10 September 1981 on                   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 302, 23 . 10 . 1981 , p. 22.
(3  OJ No   L 75, 28 . 3 . 1972, p. 5.                            ( ,0) OJ No  L 338 , 13 . 12. 1980, p . 1 .
(4) OJ No   L 143, 25. 6. 1968, p. 6.                             (") OJ   No  L 7, 12. 1 . 1982, p. 7.
0   OJ No   L 167, 26. 6. 1976, p. 13.                            (12) OJ  No  L 67, 14. 3. 1975, p. 16.
(4 OJ No L 50, 4. 3. 1970, p. 1 .                                 (13) 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--- 24. 7. 82                           Official Journal of the European Communities                          No L 216/21
time the licence or certificate was applied for, entail                                Article 4
his losing a very large security, the loss of which would
be out of proportion to the objective behind the provi­       1 . The period during which tenders may be
sions of the second subparagraph of the said Article 3        submitted in response to the first partial invitation to
                                                              tender :
(1 ) ; whereas, in consequence, a derogation should be
made from the said provision in the case of this              (a) shall begin on 28 April 1983 ;
tendering procedure, so that application for advance          (b) shall end on 4 May 1983 at 10.30 a.m.
fixing of the monetary compensatory amount at the
time when the application for the export licence is           2. The periods during which tenders may be
made should be optional ;
                                                              submitted in response to the second and subsequent
                                                              partial invitations :
Whereas the measures provided for in this Regulation          (a) shall begin on the first working day following the
are in accordance with the opinion of the Management               end of the preceding period ;
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
                                                              expressed in Belgian time.
HAS ADOPTED THIS REGULATION :
                                                                                       Article 5
                         Article 1                             1.    Offers in connection with this tender must be in
                                                              writing, and must be either delivered by hand, against
 1 . There shall be issued a supplementary standing           a receipt, to the competent authority in a Member
invitation to tender in order to determine export levies      State, or addressed to that authority by registered letter,
and/or export refunds on raw sugar obtained from beet         telex or telegram.
or cane harvested in the Community, and during the            2.     Α ΙεηάεΓ ηιιΐδΐ ΐηάΐΰδΐε :
period of validity of this standing invitation there shall
be issued partial invitations to tender.                      (a) the reference number of the invitation to tender to
                                                                   which the offer relates ;
2. The standing invitation to tender shall remain             (b) the name and address of the tenderer ;
open until 31 August 1983 .                                   (c) the quantity tel quel of raw sugar to be exported ;
                                                              (d) the amount of the export levy or, where applicable
                                                                   of the export refund per 100 kilograms of standard
                         Article 2                                 quality sugar, expressed in the currency of the
                                                                   Member State in which the tender is submitted ;
The standing invitation to tender and the partial             (e) the minimum amount of the security to be lodged
invitations shall be conducted in accordance with                  covering the quantity of sugar indicated in (c),
Regulation (EEC) No 766/68 and with the following                  expressed in the currency of the Member State in
                                                                   which the tender is submitted.
 provisions. Regulation (EEC) No 394/70 shall not
apply.
                                                               3.    An offer shall be valid only if :
                                                              (a) the quantity to be exported is not less than 250
                         Article 3                                 tonnes of raw sugar ;
                                                              (b) proof is furnished before expiry of the time limit
                                                                   for the submission of tenders that the tenderer has
 1 . Member States shall draw up a notice of invita­               lodged the security indicated in the tender ;
 tion to tender which shall be published in the Official
Journal of the European Communities. Member States            (c) it includes a declaration by the tenderer that if his
 may also publish the notice, or have it published, else­          offer is successful he will, within the period laid
 where.                                                            down under (b) of Article 1 2, apply to be exported ;
                                                               (d) it includes a declaration by the tenderer certifying
                                                                   that :
 2.     The notice shall indicate in particular the terms
 of the invitation to tender.                                      — the product intended for export consists of raw
                                                                        sugar obtained either from beet or from cane
 3 . The notice shall be published only for the                         harvested in the Community, and
 purpose of opening the standing invitation to tender.             — the customs export formalities            will be
 It may be amended during the period of validity of the                 completed in the French overseas department
 standing invitation to tender. It shall be so amended if               in the case of sugar obtained from cane
 the terms of the invitation to tender are modified.                    harvested in the Community ;
 ---pagebreak--- No L 216/22                          Official Journal of the European Communities                             24. 7. 82
(e) it includes a declaration by the tenderer that if his           the above obligations have not been fulfilled shall
     tender is successful he will :                                 be forfeited.
     — where the obligation to export created by the           4.     In case of force majeure, the competent agency
         export licence referred to under Article 1 2 (b) is   in the Member State concerned shall take such action
         not fulfilled, supplement the security by             as it considers necessary having regard to the circum­
         payment of the amount referred to in Article          stances invoked by the party concerned.
          13 (5) and,
     — 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
(f) it contains all the information required under para­       an obligation not to disclose any particulars relating
     graph 2.                                                  thereto .
                                                               2.     Tenders shall be communicated to the Commis­
4. A tender may stipulate that it is to be regarded as         sion forthwith and in such manner that the tenderers
having been submitted only if :
                                                               remain anonymous.
(a) the minimum export levy or, where applicable the
     maximum export refund, is fixed on the day of the                                   Article 8
     expiry of the period for the submission of the
     tenders in question ;                                     1.     After the tenders received have been examined, a
(b) the tender, if successful, relates to all or a specified   maximum quantity may be fixed for that partial invita­
                                                               tion .
     part of the tendered quantity.
5.     A tender which is not submitted in accordance
                                                               2. A decision may be taken to make no award
                                                               under a specific partial invitation to tender.
with the provisions of this Regulation, or which
contains terms other than those indicated in the notice
of invitation to tender, shall not be considered.                                         Article 9
 6.     Once submitted, a tender may not be withdrawn.         1 . In the light of the intervention price for raw
                                                               sugar for the 1982/83 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            — a minimum export levy, or
 to be exported under this invitation to tender must be        — a maximum export refund.
 lodged by each tenderer. Without prejudice to 13 (5),
 this security shall in the case of successful tenderers       2. Subject to Article 10 , where a minimum export
 and at the time of the application referred to in Article     levy is fixed, a contract shall be awarded to every
 12 (b) become the security for the export licence.            tenderer whose tender quotes a rate of levy equal to or
                                                               greater than such minimum levy.
 2. The security may be lodged at the tenderer's               3 . Subject to Article 10, where a maximum export
 choice, either in cash or in the form of a guarantee          refund is fixed, a contract shall be awarded to every
 given by an establishment complying with criteria laid        tenderer whose tender quotes a rate of refund equal to
 down by the Member State in which the tender is               or less than such maximum refund and to every
 submitted .
                                                               tenderer who has tendered for an export levy.
 3.     Except in the case of force majeure, the security
 will be released :                                                                      Article 10
 (a) to tenderers only in respect of the quantity for           1 . Where a maximum quantity has been fixed for a
      which no award was made ;                                 partial invitation to tender :
 (b) to successful tenderers only if they applied for           — if a minimum levy is fixed, a contract shall be
      their export licence within the period laid down               awarded to the tenderer whose tender quotes the
      under (b) of Article 1 2 and only for the quantity in          highest levy ; if the maximum quantity is not fully
      respect of which they have fulfilled the obligation            covered by that award, awards shall be made to
      created by that licence, Article 33 of Regulation           v other tenderers in descending order of levies
      (EEC) No 3183/80 remaining applicable. The                     quoted until the entire maximum quantity has
      security lodged in respect of a quantity for which             been accounted for,
 ---pagebreak--- 24. 7. 82                              Official Journal of the European Communities                             No L 216/23
— 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              (c) the obligation to export the tendered quantity and,
     refund.
                                                                       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 1983 .
      their tenders, or
                                                                  3 . Export licences issued in connection with a
— by being apportioned among the tenderers                        partial invitation to tender held between 4 May and 29
      concerned by reference to a maximum tonnage to             June 1983 shall be used only with effect from 1 July
      be fixed for each of them, or                               1983 .
— by the drawing of lots.
                                                                  4. In the case of raw sugar obtained from cane
                                                                  harvested in the Community, Section 18 (a) of the
                          Article 11                              export licence shall contain one of the following
                                                                  endorsements :
 1 . The competent authority of the Member State                   Licence valid for the French overseas departments ,
 concerned shall immediately notify applicants of the             'Certificat valable pour les départements français
 result of their participation in the invitation to tender.       d'outre-mer',
 In addition, that authority shall send successful ten­           'Licens gyldig for de franske oversøiske departe­
 derers a statement of award.                                     menter',
 2.       The statement of award shall indicate :
                                                                  'Lizenz gültig für die französischen überseeischen
                                                                  Departements',
 (a) the reference number of the invitation to which              'Πιστοποιητικό ισχύον γιά τά ύπερπόντια γαλλικά
      the tender relates ;                                        διαμερίσματα',
 (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 216/24                         Official Journal of the European Communities                             24. 7. 82
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,       1983 and the intervention price of that sugar appli­
the licence holder shall be charged an amount equal           cable on 30 June 1983 .
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 18a of the export licence and shall place its
 1.   In so far as the conditions set out in Article 12 of
                                                              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 1983        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 24 July 1982
paragraph 1 , the export refund shall be increased, and       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
                                                               (') OJ No L 89 , 10 . 4. 1968 , p. 3 .
                                                               (2 OJ No L 151 , 30 . 6 . 1968 , p . 42.