CELEX: 31977R1790
Language: en
Date: 1977-08-02 00:00:00
Title: Commission Regulation (EEC) No 1790/77 of 2 August 1977 on a standing invitation to tender in order to determine export refunds for raw beet sugar

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31977R1790

Commission Regulation (EEC) No 1790/77 of 2 August 1977 on a standing invitation to tender in order to determine export refunds for raw beet sugar  

Official Journal L 197 , 04/08/1977 P. 0011 - 0012

++++COMMISSION REGULATION ( EEC ) NO 1790/77  OF 2 AUGUST 1977  ON A STANDING INVITATION TO TENDER IN ORDER TO DETERMINE EXPORT REFUNDS FOR RAW BEET SUGAR  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3330/74 OF 19 DECEMBER 1974 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1110/77 ( 2 ) , AND IN PARTICULAR ARTICLES 12 ( 2 ) , 19 ( 4 ) AND 34 THEREOF ,  WHEREAS , DUE TO THE SIZE OF THE FORESEEABLE COMMUNITY SURPLUS OF RAW BEET SUGAR AS WELL AS THE STATE , EVOLUTION AND TENDENCIES OF THE WORLD MARKET IN WHITE AND RAW SUGAR IT IS ECONOMICALLY DESIRABLE FOR THE COMMUNITY TO EXPORT SUCH BEET SUGAR TO THIRD COUNTRIES ; WHEREAS , TO THIS AIM , A STANDING INVITATION TO TENDER SHOULD BE OPENED ;  WHEREAS THE GENERAL RULES GOVERNING INVITATIONS TO TENDER FOR THE PURPOSE OF DETERMINING EXPORT REFUNDS FOR SUGAR WERE LAID DOWN BY COUNCIL REGULATION ( EEC ) NO 766/68 OF 18 JUNE 1968 LAYING DOWN GENERAL RULES FOR GRANTING EXPORT REFUNDS ON SUGAR ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1489/76 ( 4 ) ; WHEREAS THE RELEVANT RULES OF APPLICATION WERE LAID DOWN IN COMMISSION REGULATION ( EEC ) NO 394/70 OF 2 MARCH 1970 ( 5 ) , AS AMENDED BY REGULATION ( EEC ) NO 1467/77 ( 6 ) ;  WHEREAS , IN VIEW OF THE PRESENT STATE OF THE WORLD MARKET IN SUGAR , IT WOULD BE ADVISABLE TO WAIVE CERTAIN RULES OR TIME LIMITS LAID DOWN IN REGULATION ( EEC ) NO 394/70 OR IN COMMISSION REGULATION ( EEC ) NO 2990/76 OF 9 DECEMBER 1976 ON SPECIAL DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES FOR SUGAR ( 7 ) , AS AMENDED BY REGULATION ( EEC ) NO 278/77 ( 8 ) ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR SUGAR ,  HAS ADOPTED THIS REGULATION :  ARTICLE 1  A STANDING INVITATION TO TENDER SHALL BE ISSUED TO DETERMINE EXPORT REFUNDS FOR RAW SUGAR OBTAINED FROM SUGAR BEET HARVESTED IN THE COMMUNITY . DURING THE PERIOD OF VALIDITY OF THE STANDING INVITATION , PARTIAL INVITATIONS TO TENDER SHALL BE ISSUED .  ARTICLE 2  1 . THE STANDING INVITATION TO TENDER AND THE PARTIAL INVITATIONS SHALL BE ORGANIZED IN ACCORDANCE WITH REGULATIONS ( EEC ) NO 766/68 AND ( EEC ) NO 394/70 AND THE FOLLOWING PROVISIONS .  2 . THE STANDING INVITATION TO TENDER SHALL REMAIN OPEN UNTIL A DATE TO BE DETERMINED LATER .  ARTICLE 3  1 . THE PERIOD DURING WHICH TENDERS MAY BE SUBMITTED IN RESPONSE TO THE FIRST PARTIAL INVITATION TO TENDER :   ( A ) SHALL BEGIN ON THE DAY ON WHICH NOTICE OF THE STANDING INVITATION TO TENDER IS PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ,  AND   ( B ) SHALL END ON 17 AUGUST 1977 AT 10 A.M .  2 . THE PERIODS DURING WHICH TENDERS MAY BE SUBMITTED IN RESPONSE TO EACH OF THE SUBSEQUENT PARTIAL INVITATIONS TO TENDER :   ( A ) SHALL BEGIN ON THE FIRST WORKING DAY FOLLOWING THE END OF THE PRECEDING PERIOD FOR THE SUBMISSION OF TENDERS IN QUESTION  AND   ( B ) SHALL EXPIRE AT 10 A.M . ON THE WEDNESDAY OF THE FOLLOWING WEEK .  3 . BY WAY OF DEROGATION FROM PARAGRAPH 2 ( B ) , THE PERIODS FOR SUBMITTING TENDERS WHICH ARE TO END :   ( A ) ON WEDNESDAY , 2 NOVEMBER 1977 , SHALL END ON THURSDAY , 3 NOVEMBER 1977 , AT 10 A.M . ;   ( B ) ON WEDNESDAY , 16 NOVEMBER 1977 , SHALL END ON THURSDAY , 17 NOVEMBER 1977 , AT 10 A.M .  BY WAY OF DEROGATION FROM PARAGRAPH 2 , THE PARTIAL INVITATION TO TENDER SCHEDULED FOR WEDNESDAY , 28 DECEMBER 1977 SHALL NOT BE ISSUED .  4 . THE TIME LIMIT FIXED IN THE PRECEDING PARAGRAPHS SHALL :   ( A ) BE BROUGHT FORWARD BY ONE HOUR IN IRELAND AND THE UNITED KINGDOM OUTSIDE THE PERIODS OF SUMMER TIME IN THOSE MEMBER STATES ;   ( B ) BE PUT BACK BY ONE HOUR IN THE OTHER MEMBER STATES WHEN THEY APPLY SUMMER TIME .  ARTICLE 4  1 . A TENDER SHALL BE VALID ONLY IF :   - THE QUANTITY OF RAW SUGAR TO BE EXPORTED IS NOT LESS THAN 250 TONNES ,   - THE AMOUNT OF THE REFUND PROPOSED IS STATED PER 100 KILOGRAMS OF RAW SUGAR OF STANDARD QUALITY ,   - IT INCLUDES A DECLARATION BY THE TENDERER THAT THE SUGAR TO BE EXPORTED REFERRED TO IN THE TENDER IS RAW SUGAR OBTAINED FROM SUGAR BEET HARVESTED IN THE COMMUNITY .  2 . BY WAY OF DEROGATION FROM ARTICLE 3 ( 2 ) ( C ) OF REGULATION ( EEC ) NO 394/70 , THE QUANTITY TO BE EXPORTED REFERRED TO IN THE TENDER SHALL BE EXPRESSED BY WEIGHT IN THE UNALTERED STATE .  ARTICLE 5  BY WAY OF DEROGATION FROM ARTICLE 4 ( 1 ) OF REGULATION  ( EEC ) NO 394/70 , THE TENDERING SECURITY SHALL BE EQUAL TO THREE UNITS OF ACCOUNT PER 100 KILOGRAMS OF RAW SUGAR TO BE EXPORTED .  ARTICLE 6  WITHOUT PREJUDICE TO ARTICLE 5 OF REGULATION ( EEC ) NO 394/70 , TENDERS SHALL BE NOTIFIED IMMEDIATELY AND ANONYMOUSLY TO THE COMMISSION .  ARTICLE 7  ONCE THE TENDERS HAVE BEEN EXAMINED , A MAXIMUM QUANTITY MAY BE FIXED BY PARTIAL INVITATION TO TENDER .  ARTICLE 8  FOR THE PURPOSES OF THIS REGULATION :   - THE PERIOD LAID DOWN IN ARTICLE 7 ( 2 ) OF REGULATION  ( EEC ) NO 394/70 SHALL BE REPLACED BY A PERIOD OF TEN DAYS ,   - THE POSSIBILITY OF CANCELLATION LAID DOWN BY ARTICLE 5 ( 3 ) OF REGULATION ( EEC ) NO 193/75 ( 9 ) SHALL NOT APPLY .  ARTICLE 9  1 . ARTICLE 9 OF REGULATION ( EEC ) NO 2990/76 SHALL NOT APPLY TO RAW SUGAR TO BE EXPORTED IN ACCORDANCE WITH THIS REGULATION .  2 . EXPORT LICENCES ISSUED PURSUANT TO A PARTIAL INVITATION TO TENDER SHALL BE VALID FROM THE DATE OF THEIR ISSUE TO THE END OF THE FIFTH MONTH FOLLOWING THAT IN WHICH THE SAID TENDMER WAS MADE .  HOWEVER ,   ( A ) EXPORT LICENCES ISSUED PURSUANT TO PARTIAL INVITATIONS TO TENDER MADE BETWEEN 17 AUGUST 1977 AND 30 SEPTEMBER 1977 SHALL BE VALID ONLY UNTIL 31 DECEMBER 1977 ;   ( B ) EXPORT LICENCES ISSUED PURSUANT TO A PARTIAL INVITATION TO TENDER MADE SUBSEQUENTLY AFTER 30 APRIL 1978 SHALL BE VALID ONLY UNTIL 30 SEPTEMBER 1978 .  3 . BY WAY OF DEROGATION FROM THE FIRST INDENT OF ARTICLE 8 ( 1 ) ( D ) OF REGULATION ( EEC ) NO 2990/76 , THE SECURITY RELATING TO LICENCES ISSUED FOR EXPORTS PURSUANT TO THIS REGULATION SHALL BE EIGHT UNITS OF ACCOUNT PER 100 KILOGRAMS OF RAW SUGAR .  ARTICLE 10  THIS REGULATION SHALL ENTER INTO FORCE ON 5 AUGUST 1977 .  THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .  DONE AT BRUSSELS , 2 AUGUST 1977 .  FOR THE COMMISSION  FINN GUNDELACH  VICE-PRESIDENT  ( 1 ) OJ NO L 359 , 31 . 12 . 1974 , P . 1 .  ( 2 ) OJ NO L 134 , 28 . 5 . 1977 , P . 1 .  ( 3 ) OJ NO L 143 , 25 . 6 . 1968 , P . 6 .  ( 4 ) OJ NO L 167 , 26 . 6 . 1976 , P . 13 .  ( 5 ) OJ NO L 50 , 4 . 3 . 1970 , P . 1 .  ( 6 ) OJ NO L 162 , 1 . 7 . 1977 , P . 6 .  ( 7 ) OJ NO L 341 , 10 . 12 . 1976 , P . 14 .  ( 8 ) OJ NO L 39 , 10 . 2 . 1977 , P . 17 .  ( 9 ) OJ NO L 25 , 31 . 1 . 1975 , P . 10 .