CELEX: 31984R2382
Language: en
Date: 1984-08-18 00:00:00
Title: Commission Regulation (EEC) No 2382/84 of 14 August 1984 on a principal standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

18 . 8 . 84                             Official Journal of the European Communities                          No L 221 /5
                                   COMMISSION REGULATION (EEC) No 2382/84
                                                      of 14 August 1984
              on a principal standing invitation to tender in order to determine levies and/or
                                             refunds on exports of white sugar
THE COMMISSION OF THE EUROPEAN                                    rules for the application of the system of import and
COMMUNITIES,                                                      export licences for sugar (8), as last amended by Regu­
                                                                  lation (EEC) No 3130/82 (9), from Commission Regu­
                                                                  lation (EEC) No 3183/80 of 3 December 1980 laying
Having regard to the Treaty establishing the European             down common detailed rules for the application of the
Economic Community,                                               system of import and export licences and advance
                                                                  fixing certificates for agricultural products (10), as last
Having regard to Council Regulation (EEC) No                      amended by Regulation (EEC) No 2666/82 ("), and
 1785/81 of 30 June 1981 on the common organization               from Commission Regulation (EEC) No 645/75 of 13
of the markets in the sugar sector ('), as last amended           March 1975 laying down common detailed rules for
by Regulation (EEC) No 606/82 (2), and in particular              the application of the export levies and charges on
Articles 13 (2), 18 (5), 19 (4) and (7) and the second            agricultural products (12), as last amended by Regula­
paragraph of Article 39 thereof,                                  tion (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 principal standing invita­             compensatory amounts (l4) provides that, where the
tion to tender should be issued for export of white               levy or refund is fixed in advance by means of tenders,
sugar which, having regard to possible fluctuations in            applications to fix the monetary compensatory amount
world prices for sugar, must provide for the determina­           in advance shall be accepted only if the party
tion of export levies and/or export refunds ;                     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 (5);                       same time advance fixing of the monetary compensa­
                                                                  tory amount ; whereas, for reasons peculiar to the
                                                                  market in sugar, when an operator intends to make use
Whereas, in view of the specific nature of the transac­           of the facility of fixing a monetary compensatory
tions involved, special detailed rules should be laid             amount in advance in connection with an export levy
down in this Regulation, and those provided for in                or refund fixed in advance under a tendering proce­
Commission Regulation (EEC) No 394/70 of 2 March                  dure he only makes up his mind to do so at the
1970 on detailed rules for granting export refunds on             moment when the application for the export licence is
sugar (6), as last amended by Regulation (EEC) No                 made ; whereas it is only after he has been declared
 1 467/77 Q, should not apply ; whereas, for the same             successful in respect of a levy or refund for the quan­
reasons, appropriate provisions should be laid down                tity of sugar indicated in his tender that the said
with regard to export licences issued in connection                monetary compensatory amount can be fixed in
with the standing invitation to tender and there should           advance ; whereas, in consequence, a derogation
be a derogation from Commission Regulation (EEC)                  should be made from the said provision in the case of
No 2630/81 of 10 September 1981 on special detailed               this tendering procedure, so that application for
(') OJ   No L 177, 1 . 7 . 1981 , p. 4.                           f) 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 . 1982, p. 20 .
O   OJ   No L 75, 28 . 3 . 1972, p. 5.                            O OJ    No L 338, 13 . 12. 1980, p. 1 .
(4) OJ   No L 143 , 25. 6 . 1968 , p. 6.                          (") OJ  No L 283, 6. 10. 1982, p. 7.
O   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 .                           H OJ    No L 160, 26. 6. 1980, p. 42.
O   OJ   No L 162, I. 7. 1977, p. 6.                              0 4) OJ No L 134, 15 . 5 . 1982, p . 22.
 ---pagebreak---  No L 221 /6                        Official Journal of the European Communities                               18 . 8 . 84
 advance fixing of the monetary compensatory amount                                     Article 4
 at the time when the application for the export licence
 is made should be optional ;                                   1 . The period during which tenders may be
                                                               submitted in response to the first partial invitation to
                                                               tender :
 Whereas the fact that export licences issued in respect
 of partial invitations to tender held from 1 February         (a) shall begin on 1 8 August 1 984 ;
  1985 are valid only until 30 June 1985 could, in            (b) shall end on 22 August 1984 at 10.30 a.m .
 certain borderline cases, make it impossible actually to
 export the goods before the new marketing year                2. The periods during which tenders may be
 begins ; whereas it is therefore appropriate to authorize     submitted in response to the second and subsequent
 the Member State in question to provide, as a conces­         partial invitations :
 sionary measure, that the parties concerned have, if
                                                              (a) shall begin on the first working day following the
 they submit a duly substantiated request to that effect,           end of the preceding period ;
 until 15 July 1985 to export the goods, on the under­
 standing that the said goods are, to all intents and         (b) shall end at 10.30 a.m. on the Wednesday of the
 purposes, to be regarded as having been exported on                following week.
 30 June 1985 ;                                               3.      Notwithstanding paragraph 2 (b), the period for
                                                               the submission of tenders which was to end on :
Whereas the measures provided for in this Regulation          — Wednesday 21 November 1984 shall end on
are in accordance with the opinion of the Management               Tuesday 20 November 1984 at 10.30 a.m.,
 Committee for Sugar,                                         — Wednesday 2 January 1985 shall end on Thursday
                                                                   3 January 1985 at 10.30 a.m.,
                                                              — Wednesday 1 and Wednesday 8 May 1985 shall
 HAS ADOPTED THIS REGULATION :                                     end on Thursday 2 and Tuesday 7 May 1985,
                                                                    respectively, at 10.30 a.m .,
                                                              — Wednesday 5 June 1985 shall end on Tuesday 4
                         Article 1                                 June 1985 at 10.30 a.m .
 1 . There shall be issued a principal standing invita­
tion to tender in order to determine export levies            4. Notwithstanding paragraph 2, no partial invita­
and/or export refunds on white sugar, and during the          tion to tender will be issued on Wednesday 26
                                                              December 1984.
period of validity of this standing invitation there shall
be issued partial invitations to tender.                      5.      The time limits laid down in this Regulation are
                                                              expressed in Belgian time.
2. The standing invitation to tender shall remain
open until 12 June 1985.                                                                Article 5
                                                               1.     Offers in connection with this tender must be in
                         Article 2
                                                              writing, and must be either delivered by hand, against
                                                              a receipt, to the competent authority in a Member
The standing invitation to tender and the partial invi­
tations shall be conducted in accordance with Regula­         State, or addressed to that authority by registered letter,
                                                              telex or telegram .
tion (EEC) No 766/68 and with the following provi­
sions. Regulation (EEC) No 394/70 shall not apply.            2.      An offer must indicate :
                                                              (a) the reference number of the invitation to tender to
                         Article 3                                 which the offer relates ;
                                                              (b) the name and address of the tenderer ;
 1 . Member States shall draw up a notice of invita­          (c) the quantity of white sugar to be exported ;
tion to tender which shall be published in the Official
Journal of the European Communities. Member States            (d) the amount of the export levy or, where applicable,
may also publish the notice, or have it published, else­           of the export refund per 100 kilograms of white
where .                                                            sugar, expressed in the currency of the Member
                                                                   State in which the tender is submitted ;
2.    The notice shall indicate in particular the terms       (e) the minimum amount of the security to be lodged
of the invitation to tender.                                       covering the quantity of sugar indicated in (c),
                                                                   expressed in the currency of the Member State in
3. The notice shall be published only for the                      which the tender is submitted .
purpose of opening the standing invitation to tender.
It may be amended during the period of validity of the        3 . An offer shall be valid only if :
standing invitation to tender. It shall be so amended if      (a) the quantity to be exported is not less than 250
the terms of the invitation to tender are modified .               tonnes of white sugar ;
 ---pagebreak--- 18 . 8 . 84                          Official Journal of the European Communities                           No L 221 /7
(b) proof is furnished before expiry of the time limit         3.     Except in the case of force majeure, the security
     for the submission of tenders that the tenderer has       will be released :
     lodged the security indicated in the tender ;             (a) to tenderers only in respect of the quantity for
(c) it includes a declaration by the tenderer that if his           which no award was made ;
     tender is successful he will, within the period laid      (b) to successful tenderers only if they applied for
     down in Article 12 (b), apply for an export licence            their export licence within the period laid down in
     or licences in respect of the quantities of white              Article 12 (b) and only for the quantity in respect
     sugar to be exported ;                                         of which they have fulfilled the obligation created
(d) it includes a declaration by the tenderer that if his           by that licence, Article 33 of Regulation (EEC) No
     tender is successful he will :                                 3183/80 remaining applicable.
     — where the obligation to export created by the           Any unreleased security and the supplementary secu­
         export licence referred to in Article 12 (b) is       rity referred to in Article 13 (3) shall be forfeited in
         not fulfilled, supplement the security by             respect of a quantity for which the above obligations
         payment of the amount referred to in Article          have not been fulfilled.
         13 (3), and
     — within 30 days following the expiry of the              4.     In case of force majeure, the competent authority
                                                               of the Member State concerned shall take such action
         export licence in question, notify the agency
         which issued the licence of the quantity or           as it considers necessary having regard to the circum­
         quantities in respect of which the licence was        stances invoked by the party concerned.
         not used ;
(e) it contains all the information required under para­                                Article 7
     graph 2.
                                                                1 . Tenders shall be examined in private by the
4. A tender may stipulate that it is to be regarded as         competent authority concerned. Subject to paragraph
having been submitted only if :                                2, persons present at the examination shall be under
                                                               an obligation not to disclose any particulars relating
(a) the minimum export levy or, where applicable, the          thereto.
     maximum export refund is fixed on the day of the
     expiry of the period for the submission of the            2.     Tenders shall be communicated to the Commis­
     tenders in question ;                                     sion forthwith and in such a manner that the tenderers
(b) the tender, if successful, relates to all or a specified   remain anonymous.
     part of the tendered quantity.
                                                                                        Article 8
5.     A tender which is not submitted in accordance
with the provisions of this Regulation, or which
contains terms other than those indicated in the notice         1.    After the tenders received have been examined, a
of invitation to tender, shall not be considered.              maximum quantity may be fixed for that partial invita­
                                                               tion .
6.     Once submitted, a tender may not be withdrawn .         2. A decision may be taken to make no award
                                                               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 white
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 (3), 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 rate of levy equal to or
submitted.                                                     greater than such minimum levy.
 ---pagebreak--- No L 221 /8                         Official Journal of the European Communities                                 18 . 8 . 84
3 . Subject to Article 10, where a maximum export             (b) the quantity of white sugar to be exported ;
refund is fixed, a contract shall be awarded to every         (c) the export levy to be charged, or where applicable
tenderer whose tender quotes a rate of refund equal to            the export refund to be granted, per 100 kilograms
or less than such maximum refund and to every                     of white sugar of the quantity referred to in (b).
tenderer who has tendered for an export levy.
                                                                                       Article 12
                         Article 10
                                                              Every successful tenderer shall have :
 1 . Where a maximum quantity has been fixed for a            (a) the right to claim in respect of the quantity
partial invitation to tender :                                    awarded, an export licence indicating, as appro­
                                                                  priate, the export levy or the export refund quoted
— if a minimum levy is fixed, a contract shall be                 in his tender ;
     awarded to the tenderer whose tender quotes the
     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 1 2 (2) of that Regu­
     been accounted for,                                          lation and Article 10 of Regulation (EEC) No
                                                                  645/75 not applying in such a case. The applica­
— if a maximum refund is fixed, contracts shall be
                                                                  tion shall be lodged in accordance with the rele­
     awarded in accordance with the first indent ; if             vant provisions of Regulation (EEC) No 3183/80,
     after such awards a quantity is still outstanding, or        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
would result in the maximum quantity being
                                                              (c) the obligation to export the tendered quantity and,
                                                                  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 13 (3).
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
                                                              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 the end of the fifth calendar month
                                                              following that in which the partial invitation was
                                                              issued .
                         Article 11                           However :
1 . The competent authority of the Member State               (a) licences issued in connection with partial invita­
                                                                  tions :
concerned shall immediately notify applicants of the
result of their participation in the invitation to tender.
In addition, that authority shall send successful                 — issued in the period 22 August to 1 2 September
tenderers a statement of award.                                        1984 may be used only from 15 September
                                                                       1984,
2.     The statement of award shall indicate :                    — issued in the period 13 September to 10
                                                                       October 1984 may be used from the day of
(a) the reference number of the invitation to which                    issue,
     the tender relates ;                                         and shall be valid only until 30 November 1984 ;
 ---pagebreak---  18 . 8 . 84                          Official Journal of the European Communities                           No L 221 /9
(b) licences issued in connection with partial invita­          then, under the time limits and conditions laid down
      tions issued in the period 17 October to 28               in Article 33 of Regulation (EEC) No 3183/80 and by
      November 1984 may be used only from 1                     way of a supplementary security for the quantity in
      December 1984 and shall be valid until 30 April           respect of which the said obligation was not fulfilled,
      1985 ;                                                    the licence holder shall be charged an amount equal
                                                                to the difference between the result of the calculation
(c) licences issued in connection with partial invita­          made under (a), (b) or (c), as the case may be, and the
      tions issued from 1 February 1985 shall be valid
                                                                security referred to in Article 6.
      only until 30 June 1985. The competent authority
      of the Member State which issued the said licences
      may, if the licence holder submits a written,                                    Article 14
      substantiated request to that effect, extend their
      period of validity until 15 July 1985 at the latest.      If the tenderer intends to apply for advance fixing of
      Where an export licence's period of validity is           the monetary compensatory amount under this stand­
      extended pursuant to this subparagraph the goods          ing invitation to tender, the provisions of the second
      shall be regarded as having been exported on 30           subparagraph of Article 3 ( 1 ) of Regulation (EEC) No
      June 1985.                                                1160/82 shall not apply.
3. Except in cases of force majeure, if the obligation          When use is made of the provisions of the first sub­
to export created by export licence applied for within          paragraph of Article 3 ( 1 ) of that 'Regulation, those of
the period referred to under Article 12 (b) has not             the third subparagraph of paragraph 1 and of para­
been fulfilled and if the security referred to in Article       graph 2 of that Article shall remain applicable to
6 is less than :                                                this tendering procedure.
(a) the export levy indicated on the licence reduced by
      the levy referred to in the second subparagraph of                               Article 15
      Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in
      force on the last day of validity of the said licence,    The invitations to tender referred to in Regulations
      or                                                        (EEC) No 1881 /83 (') and (EEC) No 1883/83 (2) shall
(b) the sum of the export levy indicated on the licence         be closed with effect from 23 August 1984.
      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 16
      lation (EEC) No 766/68 in force on the last day of
      validity of the licence reduced by the refund indi­       This Regulation shall enter into force on 18 August
      cated on the said licence,                                 1984 .
                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 187, 12. 7. 1983 , p. 10 .
                                                                I1) OJ No L 187, 12. 7. 1983, p. 20.