CELEX: 31984R2385
Language: en
Date: 1984-08-18 00:00:00
Title: Commission Regulation (EEC) No 2385/84 of 14 August 1984 on a supplementary standing invitation to tender in order to determine levies and/or refunds on exports of raw sugar

18 . 8 . 84                              Official Journal of the European Communities                         No L 221 /21
                                    COMMISSION REGULATION (EEC) No 2385/84
                                                       of 14 August 1984
              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                                     be a derogation from Commission Regulation (EEC)
COMMUNITIES,                                                       No 2630/81 of 10 September 1981 on special detailed
                                                                   rules for the application of the system of import and
                                                                   export licences for sugar (8), as last amended by Regu­
Having regard to the Treaty establishing the European              lation (EEC) No 3130/82 (9), from Commission Regu­
Economic Community,                                                lation (EEC) No 3183/80 of 3 December 1980 laying
                                                                   down common detailed rules for the application of the
Having regard to Council Regulation (EEC) No                       system of import and export licences and advance
1785/81 of 30 June 1981 on the common organization                 fixing certificates for agricultural products (l0), as last
of the markets in the sugar sector ('), as last amended            amended by Regulation (EEC) No 2666/82 ("), and
by Regulation (EEC) No 606/82 (2), and in particular               from Commission Regulation (EEC) No 645/75 of 13
Articles 13 (2), 18 (5), 19 (4) and (7) and the second             March 1975 laying down common detailed rules for
paragraph of Article 39 thereof,                                   the application of the export levies and charges on
                                                                   agricultural products (12), as last amended by Regula­
                                                                   tion (EEC) No 1 607/80 (' V,
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, in view of the situation on the Community
and world sugar markets, a supplementary standing                  Whereas the second subparagraph of Article 3 ( 1 ) of
invitation to tender should be issued for export of raw            Commission Regulation (EEC) No 1160/82 of 14 May
sugar obtained from beet or cane harvested in the                   1982 providing for the advance fixing of monetary
Community ; whereas, in view of possible fluctuations              compensatory amounts (H) provides that, where the
in world prices for sugar, the invitation to tender must           levy or refund is fixed in advance by means of tenders,
provide for the determination of export levies and/or              applications to fix the monetary compensatory amount
export refunds ;                                                   in advance shall be accepted only if the party
                                                                   concerned has declared in writing at the time of
                                                                   submission of the tender that he will also apply to fix
Whereas the general rules governing invitations to                 the monetary compensatory amount in advance if the
tender for the purpose of determining export refunds               tender is accepted in whole or in part ; whereas, in
for sugar were laid down in Council Regulation (EEC)               such cases, the obligation to lodge an application to fix
No 766/68 of 18 June 1968 laying down general rules                the levy or refund in advance following acceptance of
for granting export refunds on sugar (4), as last                  the tender involves an obligation to request at the
amended by Regulation (EEC) No 1489/76 (^ ;                        same time advance fixing of the monetary compensa­
                                                                   tory amount ; whereas, for reasons peculiar to the
Whereas, in view of the specific nature of the trans­              market in sugar, when an operator intends to make use
actions involved, special detailed rules should be laid            of the facility of fixing a monetary compensatory
down in this Regulation, and those provided for in                 amount in advance in connection with an export levy
Commission Regulation (EEC) No 394/70 of 2 March                   or refund fixed in advance under a tendering pro­
1970 on detailed rules for granting export refunds on              cedure he only makes up his mind to do so at the
sugar (6), as last amended by Regulation (EEC) No                  moment when the application for the export licence is
1467/77 f), should not apply ; whereas, for the same               made ; whereas it is only after he has been declared
reasons, appropriate provisions should be laid down                successful in respect of a levy or refund for the quan­
with regard to export licences issued in connection                tity of sugar indicated in his tender that the said
with the standing invitation to tender and there should             monetary compensatory amount can be fixed in
 ') OJ   No L 177, 1 . 7. 1981 , p. 4.                             (") OJ No L 258 , 11 . 9 . 1981 , p. 16.
 2) OJ   No L 74, 18 . 3 . 1982, p. 1 .                            0 OJ   No L 329, 25 . 11 . 3 982, p . 20 .
 3) OJ   No L 75, 28 . 3 . 1972, p. 5 .                            H OJ    No L 338 , 13 . 12. 1980, p. 1 .
 ") OJ   No L 143 , 25 . 6 . 1968 , p. 6 .                         (") OJ  No L 283 , 6. 10 . 1982, p . 7.
 1  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 .                              (") OJ  No L 160, 26. 6 . 1980, p. 42 .
 0  OJ No L 162, 1 . 7 . 1977, p. 6 .                              C 4 OJ  No L 134, 15 . 5 . 1982, p. 22.
 ---pagebreak---   No L 221 /22                       Official Journal of the European Communities                               18 . 8 . 84
  advance ; whereas, in consequence, a derogation              (a) shall begin on the first working day following the
  should be made from the said provision in the case of             end of the preceding period ;
  this tendering procedure, so that application for            (b) shall end at 10.30 a.m. on the Wednesday of the
  advance fixing of the monetary compensatory amount                following week.
  at the time when the application for the export licence
  is made should be optional ;                                 3.     Notwithstanding paragraph 2 (b), the period for
                                                               the submission of tenders which would otherwise
  Whereas the measures provided for in this Regulation         expire on :
  are in accordance with the opinion of the Management
, Committee for Sugar,                                         — Wednesday 8 May 1985 shall end on Tuesday 7
                                                                    May 1985, at 10.30 a.m.,
                                                               — Wednesday 5 June 1985 shall end on Tuesday 4
  HAS ADOPTED THIS REGULATION :                                     June 1985 at 10.30 a.m .
                                                               4. The time limits laid down in this Regulation are
                          Article 1                            expressed in Belgian time.
  1 . There shall be issued a supplementary standing
  invitation to tender in order to determine export levies                              Article 5
  and/or export refunds on raw sugar obtained from beet
                                                                1.    Offers in connection with this tender must be in
  or cane harvested in the Community, and during the
  period of validity of this standing invitation there shall   writing, and must be either delivered by hand, against
  be issued partial invitations to tender.                     a receipt, to the competent authority in a Member
                                                               State, or addressed to that authority by registered letter,
  2.    The standing invitation to tender shall remain         telex or telegram .
  open until a date to be determined subsequently.
                                                               2.     A tender must indicate :
                           Article 2                           (a) the reference number of the invitation to tender to
                                                                    which the offer relates ;
  The standing invitation to tender and the partial            (b) the name and address of the tenderer ;
  invitations shall be conducted in accordance with
                                                               (c) the quantity tel quel of raw sugar to be exported ;
  Regulation (EEC) No 766/68 and with the following
  provisions. Regulation (EEC) No 394/70 shall not             (d) the amount of the export levy or, where applicable,
  apply.                                                            of the export refund per 100 kilograms of standard
                                                                    quality sugar, expressed in the currency of the
                                                                    Member State in which the tender is submitted ;
                           Article 3
                                                               (e) the minimum amount of the security to be lodged
   1 . Member States shall draw up a notice of invita­              covering the quantity of sugar indicated in (c),
  tion to tender which shall be published in the Official           expressed in the currency of the Member State in
                                                                    which the tender is submitted.
  Journal of the European Communities. Member States
  may also publish the notice, or have it published, else­
  where .
                                                               3.     An offer shall be valid only if :
                                                               (a) the quantity to be exported is not less than 250
  2.    The notice shall indicate in particular the terms           tonnes of raw sugar ;
  of the invitation to tender.
                                                               (b) proof is furnished before expiry of the time limit
  3.    The notice shall be published only for the                  for the submission of tenders that the tenderer has
  purpose of opening the standing invitation to tender.             lodged the security indicated in the tender ;
  It may be amended during the period of validity of the       (c) it includes a declaration by the tenderer that if his
  standing invitation to tender. It shall be so amended if          offer is successful he will, within the period laid
  the terms of the invitation to tender are modified .              down in Article 12 (b), apply for an export licence
                                                                    or licences in respect of the quantities of raw sugar
                           Article 4                                to be exported ;
                                                                (d) it includes a declaration by the tenderer certifying
   1.   The period during which tenders may be                      that :
  submitted in response to the first partial invitation to          — the product intended for export consists of raw
  tender :
                                                                        sugar obtained either from beet or from cane
  (a) shall begin on 26 April 1985 ;                                     harvested in the Community, and
  (b) shall end on 2 May 1985 at 10.30 a.m.                         — the customs export formalities will be
  2. The periods during which tenders may be                             completed in the French overseas departments
  submitted in response to the second and subsequent                     in the case of sugar obtained from cane
  partial invitations :                                                  harvested in the Community ;
 ---pagebreak---   18 . 8 . 84                         Official Journal of the European Communities                         No L 221 /23
 (e) it includes a declaration by the tenderer that if his      Any unreleased security and the supplementary secu­
       tender is successful he will :                            rity referred to in Article 13 (5) shall be forfeited in
       — where the obligation to export created by the           respect of a quantity for which the above obligations
                                                                 have not been fulfilled.
           export licence referred to in Article 12 (b) is
           not fulfilled, supplement the security by
           payment of the amount referred to in Article         4.     In case of force majeure, the competent authority
                                                                of the Member State concerned shall take such action
           13 (5), and
                                                                as it considers necessary having regard to the circum­
       — within 30 days following the expiry of the             stances invoked by the party concerned.
           export licence in question, notify the agency
           which issued the licence of the quantity or
           quantities in respect of which the licence was                                Article 7
           not used ; .
 (f) it contains all the information required under para­        1 . Tenders shall be examined in private by the
      graph 2.                                                  competent authority concerned. Subject to paragraph
                                                                2, persons present at the examination shall be under
 4. A tender may stipulate that it is to be regarded as         an obligation not to disclose any particulars relating
 having been submitted only if :                                thereto .
 (a) the minimum export levy or, where applicable, the          2.     Tenders shall be communicated to the Commis­
       maximum export refund is fixed on the day of the         sion forthwith and in such a manner that the tenderers
      expiry of the period for the submission of the            remain anonymous.
      tenders in question ;
(b) the tender, if successful, relates to all or a specified
       part of the tendered quantity.                                                    Article 8
 5.      A tender which is not submitted in accordance           1.    After the tenders received have been examined, a
with the provisions of this Regulation, or which                maximum quantity may be fixed for that partial invita­
 contains terms other than those indicated in the notice        tion .
of invitation to tender, shall not be considered.
                                                                2. A decision may be taken to make no award
 6.      Once submitted, a tender may not be withdrawn.         under a specific partial invitation to tender.
                           Article 6                                                     Article 9
 1 . A security of 9 ECU per 100 kilograms of sugar              1 . In the light of the intervention price for raw
to be exported under this invitation to tender must be          sugar for the 1984/85 marketing year and* in parti­
lodged by each tenderer. Without prejudice to Article           cular, the current state and foreseeable development of
 13 (5), this security shall in the case of successful          the Community and world sugar markets, there shall
tenderers and at the time of the application referred to        be fixed either :
in Article 12 (b) become the security for the export
licence .                                                       — a minimum export levy, or
                                                                — a maximum export refund.
2.       The security may be lodged at the tenderer's
choice, either in cash or in the form of a guarantee            2. Subject to Article 10, where a minimum export
given by an establishment complying with criteria laid          levy is fixed, a contract shall be awarded to every
down by the Member State in which the tender is                 tenderer whose tender quotes a i;ate of levy equal to or
submitted.                                                      greater than such minimum levy.
3.       Except in the case of force majeure, the security      3. Subject to Article 10, where a maximum export
will be released :                                              refund is fixed, a contract shall be awarded to every
                                                                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 in
      Article 12 (b) and only for the quantity in respect                               Article 10
      of which they have fulfilled the obligation created
      by that licence, Article 33 of Regulation (EEC) No        1.     Where a maximum quantity has been fixed for a
      3183/80 remaining applicable.                             partial invitation to tender :
 ---pagebreak---  No L 221 /24                        Official Journal of the European Communities                                  18 . 8 . 84
 — if a minimum levy is fixed, a contract shall be                  pnate the export levy or the export refund quoted
      awarded to the tenderer whose tender quotes the               in his tender ;
      highest levy ; if the maximum quantity is not fully       (b) the obligation to lodge, in accordance with the
      covered by that award, awards shall be made to                relevant provisions of Regulation (EEC) No
      other tenderers in descending order of levies                 3183/80, an application for an export licence in
      quoted until the entire maximum quantity has                  respect of that quantity, Article 12 (2) of that Regu­
      been accounted for,                                           lation and Article 10 of Regulation (EEC) No
 — if maximum refund is fixed, contracts shall be                   645/75 not applying in such a case. The applica­
      awarded in accordance with the first indent ; if              tion shall be lodged, in accordance with the rele­
      after such awards a quantity is still outstanding, or         vant provisions of Regulation (EEC) No 3183/80,
      if there are no tenders quoting an export levy,               not later than :
      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 scheduled to be held
      has been accounted for, to tenderers quoting a                     the following week, or
      refund .
                                                                    — if no partial invitation to tender is scheduled
                                                                         for 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
would result in the maximum quantity being                     (c) the obligation to export the tendered quantity and,
 exceeded, that award shall be limited to such quantity             if this obligation is not fulfilled, to pay, where
 as is still available. Where two or more tenderers quote           necessary, the amount referred to in Article 13 (5).
 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 raw sugar to
                                                               be exported in accordance with this Regulation.
— by being apportioned among the tenderers
     concerned by reference to a maximum tonnage to            2.     Export licences issued in connection with a
     be fixed for each of them, or                             partial invitation to tender shall be valid from the day
— by the drawing of lots.                                      of issue until 30 September 1985.
                                                               3. Export licences issued in connection with a
                                                               partial invitation to tender under this standing invita­
                          Article 11
                                                               tion to tender held between 2 May and 26 June 1985
                                                               shall be used only with effect from 1 July 1985.
 1 . The competent authority of the Member State
concerned shall immediately notify applicants of the           4. Section 18 (a) of the export licences issued in
result of their participation in the invitation to tender.     respect of a partial invitation to tender shall contain
 In addition, that authority shall send successful ten­        one of the following endorsements :
derers a statement of award.
                                                               'In the case of raw sugar obtained from cane harvested
2.      The statement of award shall indicate :                in the Community, licence valid only for the French
                                                               overseas departments',
(a) the reference number of the invitation to which             Licens udelukkende gyldig for de franske oversøiske
     the tender relates ;                                      departementer, når det drejer sig om råsukker frem­
(b) the quantity tel quel of raw sugar to be exported ;        stillet af sukkerrør høstet i Fællesskabet',
                                                                Im Fall von Rohzucker, der aus in der Gemeinschaft
(c) the export levy to be charged, or where applicable
     the export refund to be granted, per 100 kilograms        geerntetem Zuckerrohr gewonnen wurde, ist die
     of raw sugar of standard quality of the quantity          Lizenz nur gültig für die französischen überseeischen
     referred to in (b).                                       Departements',
                                                               Όταν πρόκειται για ακατέργαστη ζάχαρη που λαμβά­
                                                               νεται από ζαχαροκάλαμα που έχουν συγκομιστεί στην
                          Article 12                           Κοινότητα, πιστοποιητικό που ισχύει αποκλειστικά για
                                                               τα υπερπόντια γαλλικά διαμερίσματα',
Every successful tenderer shall have :                          En cas de sucre brut obtenu à partir de cannes récol­
                                                               tées     dans     la   Communauté,       certificat   valable
(a) the right to claim in respect of the quantity              uniquement          pour    les    départements      français
     awarded, an export licence indicating as appro­           d'outre-mer',
 ---pagebreak---  18 . 8 . 84                          Official Journal of the European Communities                           No L 221 /25
'Nel caso di zucchero greggio ottenuto da canne                                          Article 15
raccolte nella Comunità, titolo valido soltanto nei             1.     In so far as the conditions set out in Article 1 2 of
dipartimenti francesi d'oltremare',                             Regulation (EEC) No 766/68 are satisfied, any export
'In geval van ruwe suiker, vervaardigd uit in de                refunds and export levies fixed in advance in connec­
Gemeenschap geoogst suikerriet, certificaat alleen              tion with this invitation to tender before 1 July 1985
geldig voor de Franse overzeese departementen'.                 for sugar exported on or after that date shall, at the
5. Except in cases of force majeure, if the obligation          request of the party concerned, be adjusted in accor­
to export created by an export licence applied for              dance with paragraph 2.
within the period referred to under Article 1 2 (b) has         2. For purposes of the adjustment referred to in
not been fulfilled and if the security referred to in           paragraph 1 , the export refund shall be increased, and
Article 6 is less than :                                        the export levy decreased, by the difference, expressed
(a) the export levy indicated on the licence reduced by         in ECU per 100 kilograms, between the intervention
      the levy referred to in the second subparagraph of        price of raw sugar applicable with effect from 1 July
      Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in         1985 and the intervention price of that sugar appli­
      force on the last day of validity of the said licence ;   cable on 30 June 1985.
      or
                                                                In calculating the difference referred to in the above
(b) the sum of the export levy indicated on the licence         subparagraph there shall be added to these interven­
      and the export refund referred to in Article 2 of         tion prices the relevant storage levy as referred to
      Regulation (EEC) No 766/68 in force on the last           under (a) of the third subparagraph of Article 8 (2) ojf
      day of validity of the said licence ; or                  Regulation (EEC) No 1785/ 81 .
(c) the export refund referred to in Article 2 of Regu­
      lation (EEC) No 766/68 in force on the last day of        3. For the purposes of the adjustment referred to in
      validity of the licence, reduced by the refund indi­      paragraph 1 , where the yield of the raw sugar differs
      cated on the said licence ;                               from that of the standard quality as defined in Council
                                                                Regulation (EEC) No 431 /68 ('), the amount of the
then, under the time limits and conditions laid down            adjustment shall be adapted in accordance with Article
in Article 33 of Regulation (EEC) No 3183/80 and by             2 of Regulation (EEC) No 837/68 (2).
way of a supplementary security for the quantity in
respect of which the said obligation was not fulfilled,         4. The request referred to in paragraph 1 must be
the licence holder shall be charged an amount equal             submitted by the export-licence holders concerned,
to the difference between the result of the calculation         before completion of the customs export formalities
 made under (a), (b) or (c), as the case may be, and the        relating to the quantities concerned, to the Member
                                                                State which issued the licence.
 security referred to in Article 6.
                           Article 14
                                                                That Member State shall insert the relevant adjustment
                                                                in section 18 (a) of the export licence and shall place
 If the tenderer intends to apply for advance fixing of         its stamp thereon .
the monetary compensatory amount under this stan­               The Member States shall inform the Commission
ding invitation to tender, the provisions of the second
                                                                without delay of the quantities of sugar covered by the
subparagraph of Article 3 ( 1 ) of Regulation (EEC) No
 1160/82 shall not apply.
                                                                requests referred to in paragraph 1 .
When use is made of the provisions of the first sub­                                     Article 16
 paragraph of Article 3 ( 1 ) of that Regulation, those of
                                                                This Regulation shall enter into force on 18 August
 the third subparagraph of paragraph 1 and of para­              1984.
graph 2 of that Article shall remain applicable to this
 tendering procedure .                                           It shall apply from 26 April 1985.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 14 August 1984.
                                                                           For the Commission
                                                                            Étienne DAVIGNON
                                                                                Vice-President
                                                                 (') OJ No L 89, 10. 4. 1968 , p. 3.
                                                                 (2) OJ No L 151 , 30 . 6 . 1968 , p . 42.