CELEX: 31981R0199
Language: en
Date: 1981-01-28 00:00:00
Title: Commission Regulation (EEC) No 199/81 of 27 January 1981 on a standing invitation to tender in order to determine levies and/or refunds on exports of raw cane sugar produced in the French overseas departments

No L 24/8                            Official Journal of the European Communities                               28 . 1 . 81
                                COMMISSION REGULATION (EEC) No 199/81
                                                   of 27 January 1981
             on a standing invitation to tender in order to determine levies and/or refunds on
                exports of raw cane sugar produced in the French overseas departments
THE COMMISSION OF THE EUROPEAN                                 (EEC) No 1467/77 Q, should not apply ; whereas, for
COMMUNITIES,                                                   the same reasons, appropriate provisions should be laid
                                                               down with regard to export licences issued in connec­
Having regard to the Treaty establishing the European          tion with the standing invitation to tender and there
Economic Community,                                            should be a derogation from Commission Regulation
                                                               (EEC) No 2990/76 of 9 December 1976 on special
                                                               detailed rules for the application of the system of
Having regard to Council Regulation (EEC) No
3330/74 of 19 December 1974 on the common orga­                import and export licences for sugar (8), as last
nization of the market in sugar ('), as last amended by        amended by Regulation (EEC) No 1367/78 (9), from
                                                               Commission Regulation (EEC) No 3183/80 of 3
Regulation (EEC) No 3455/80 (2), and in particular             December 1980 laying down common detailed rules
Articles 12 (2), 17 (5), 19 (4) and 34 thereof,
                                                               for the application of the system of import and export
                                                               licences and advance-fixing certificates for agricultural
Having regard to Council Regulation (EEC) No 608/72            products (l0) and from Commission Regulation (EEC)
of 23 March 1972 laying down rules to be applied in            No 645/75 of 13 March 1975 laying down common
the case of considerable price rises on the world sugar        detailed rules for the application of the export levies
market (3), and in particular Article 1 ( 1 ) thereof,         and charges on agricultural products (' '), as last
                                                               amended by Regulation (EEC) No 1 607/80 (12) ;
Whereas there is at present a surplus of raw cane sugar
in the French overseas departments and it is economi­          Whereas, therefore, the invitation to tender provided
cally desirable for the Community to export this                for in Commission Regulation (EEC) No 1574/79 of
surplus and accordingly open a standing invitation to          25 July 1979 on a standing invitation to tender in
tender for this purpose ; whereas, having regard to            order to determine export refunds for raw cane sugar
possible fluctuations in world sugar prices, such an            produced in the French overseas departments (n),
invitation must provide for the determination of               should be closed ;
export levies and/or export refunds ;
                                                               Whereas the measures provided for in this Regulation
Whereas in order to distinguish this surplus sugar              are in accordance with the opinion of the Management
from all other raw cane sugar which can, in principle,          Committee for Sugar,
benefit from export refunds, provision should be made
to ensure that the customs formalities of exportation
are completed in these departments ;
Whereas the general rules governing invitations to              HAS ADOPTED THIS REGULATION :
tender for the purpose of determining export refunds
for sugar were laid down in Council Regulation (EEC)
 No 766/68 of 18 June 1968 laying down general rules
for granting export refunds on sugar (4), as last                                         Article 1
amended by Regulation (EEC) No 1489/76 (*);
                                                                France shall' issue a standing invitation to tender in
Whereas, in view of the specific nature of the transac­         order to determine export levies and/or export refunds
tions involved, special detailed rules of application           on raw sugar obtained from cane harvested in the
 should be laid down in this Regulation, and those              French overseas departments. During the period of
 provided for in Commission Regulation (EEC) No                 validity of this standing invitation partial invitations to
 394/70 of 2 March 1970 on detailed rules for granting          tender shall be issued.
 export refunds on sugar (6), as amended by Regulation
                                                                O OJ No L 162, 1 . 7. 1977, p. 6.
 (■) OJ No L 359, 31 . 12. 1974, p. 1 .                         (8) OJ No L 341 , 10. 12. 1976, p. 14.
 (2) OJ No L 360, 31 . 12. 1980, p. 17.                         O OJ No L 166, 23. 6. 1978, p. 24.
 (3) OJ No L 75, 28 . 3. 1972, p. 5.                             H    OJ No  L 338, 13. 12. 1980, p. 1 .
 (4) OJ No L 143, 25. 6. 1968 , p. 6.                           (")   OJ No  L 67, 14. 3 . 1975, p. 16.
 I5) OJ No L 167, 26. 6. 1976, p. 13.                            (,2) OJ No  L 160, 26. 6. 1980, p. 42.
 ¥) OJ No L 50, 4. 3. 1970, p. 1 .                               H    OJ No  L 188 , 26. 7. 1979, p. 45.
 ---pagebreak--- 28 . 1 . 81                         Official Journal of the European Communities                               No L 24/9
                         Article 2                            (b) the name and address of the tenderer ;
                                                              (c) the tel quel quantity of raw sugar to be exported ;
1.     The standing and partial invitations to tender
shall be conducted in accordance with Regulation              (d) the amount of the export levy or, where applicable,
(EEC) No 766/68 and with the following provisions.                 of the export refund per 100 kilograms of standard
Regulation (EEC) No 394/70 shall not apply.                        quality raw sugar, expressed in French francs ;
                                                              (e) the amount of the tender security to be lodged
2. The standing invitation shall remain open until a               covering the quantity of sugar indicated in (c),
date to be determined subsequently.                                expressed in French francs.
                         Article 3
                                                              3.     An offer shall be valid only if :
                                                              (a) the quantity of raw sugar to be exported is not less
1 . France shall draw up a notice of invitation to                 than 500 tonnes ;
tender which shall be published in the Official
Journal of the European Communities. France may               (b) proof is furnished before expiry of the time limit
                                                                   for the submission of offers that the tenderer has
also publish the notice, or have it published, else­
where.                                                             lodged the security for tender indicated in the
                                                                   offer ;
2.     The notice shall indicate in particular the terms      (c) it includes a declaration by the tenderer that if his
of the invitation to tender.                                       offer is successful he will within the period laid
                                                                   down under (b) of Article 12 apply for export
3. The notice shall be published for the purpose of                licences in respect of the quantities of raw sugar to
opening the standing invitation to tender. It may be               be exported ;
amended during the period of validity of the standing
invitation . It shall be so amended if the terms of the       (d) it includes a declaration by the tenderer that the
                                                                   product intended for export as indicated in the
invitation are changed.
                                                                   offer is raw sugar obtained from cane harvested in
                                                                   the French overseas departments for which the
                         Article 4                                 customs formalities of exportation will be
                                                                   completed in these departments ;
1 . The period during which tenders may be                    (e) it includes a declaration by the tenderer that if his
submitted in respect of the first partial invitation to            offer is successful he will :
tender :
                                                                   — where the obligation to export created by the
(a) shall begin on the day on which notice of the                       export licence referred to under (b) of Article
     standing invitation to tender is published in the                  12 is not fulfilled, supplement the tender secu­
     Official Journal of the European Communities ;                     rity by payment of the amount referred to in
(b) shall end on 4 February 1981 at 10 a.m.                             Article 13 (4) and,
                                                                   — within 30 days following the expiry of the
2. The periods during which tenders may be                              export licence in question, notify the agency
submitted in respect of the second and subsequent
                                                                        which issued the licence of the quantity or
partial invitations :                                                   quantities in respect of which the licence was
(a) shall begin on the first working day following the                  not used ;
     end of the preceding period ;                            (f) it contains all the information required under para­
(b) shall expire at 10 a.m . on the Wednesday of the               graph 2.
     following week.
                                                               4. An offer may stipulate that it is to be regarded as
 3 . The time limits laid down in this Regulation              having been submitted only if :
 shall correspond to French time.
                                                               (a) the minimum export levy or, where applicable, the
                                                                    maximum export refund, is fixed on the day of
                          Article 5                                expiry of the period for the submission of the
                                                                    offers in question ;
 1.     Offers in connection with this tender must be in
                                                               (b) the offers, if successful, relates to all or a specified
 writing, and must be either delivered by hand, against             part of the tendered quantity.
 a receipt, to the competent French authority, or
 addressed to that authority by registered letter, telex or    5.     An offer which is not submitted in accordance
 telegram.                                                     with the provisions of this Regulation, or which
                                                               contains terms other than those indicated in the notice
 2.     An offer must indicate :
                                                               of invitation to tender, shall not be considered.
 (a) the reference number of the invitation to which
     the offer relates ;                                       6.     Once submitted, an offer may not be withdrawn.
 ---pagebreak--- No L 24/ 10                         Official Journal of the European Communities                             28 . 1 . 81
                         Article 6                            — a minimum export levy, or
                                                              — a maximum export refund.
1.      The security for tender shall be 9 ECU per 100
kilograms of sugar to be exported under this standing
invitation to tender.                                         2. Subject to Article 10, where a minimum export
                                                              levy is fixed, an award shall be made to every tenderer
Without prejudice to Article 13 (4) of this Regulation        whose offer quotes a rate of levy equal to or greater
and by way of derogation from the first indent of             than such minimum levy.
Article 8 ( 1 ) (d) of Regulation (EEC) No 2990/76 this
security shall, in the case of successful tenderers and at    Subject to Article 10, where a maximum export refund
the time of the application referred to under (b) of          is fixed, an award shall be made to every tenderer
Article 12, become the security for the export licence.       whose tender quotes a rate of refund equal to or less
                                                              than such maximum refund and to every tenderer who
2. The tenderer may provide the security either in            has tendered for an export levy.
cash or in the form of a guarantee furnished by an
establishment complying with criteria laid down by
the French authorities .                                                               Article 10
3.      Except in case of force majeure, the security for     1 . Where a maximum quantity has been fixed for a
the tender shall be released :
                                                              partial invitation to tender :
(a) to tenderers only in respect of the quantity for          — if a minimum levy is fixed, an award shall be made
     which no award was made ;
                                                                  to the tenderer whose tender quotes the highest
(b) to successful tenderers only if they applied for              levy. If the maximum quantity is not fully covered
     their export licence within the period laid down             by that award, awards shall be made to other tende­
     under (b) of Article 1 2 and only for the quantity in        rers in descending order of levies quoted until the
     respect of which they have fulfilled the obligation          entire maximum quantity has been accounted for,
     created by that licence, Article 33 of Regulation        — if a maximum refund is fixed, awards shall be
     (EEC) No 3183/80 remaining applicable.                       made in accordance with the first indent ; if after
4. In case of force majeure, FIRS shall take such                 such awards a quantity is still outstanding, or if
action as it considers necessary having regard to the             there are no offers quoting a levy, awards shall be
circumstances invoked by the party concerned.                     made, in ascending order of refunds quoted until
                                                                  the entire maximum quantity has been accounted
                                                                  for, to tenderers quoting a refund.
                          Article 7
                                                              2.     Where, however, an award to a particular tenderer
 1 . Offers shall be examined in private by the               in accordance with the provisions of paragraph 1
competent authority concerned. Subject to paragraph           would result in the maximum quantity being
2, persons present at the examination shall be under          exceeded, that award shall be limited to such quantity
an obligation not to disclose any particulars relating        as is still available. Where two or more tenderers quote
thereto.                                                      the same levy or the same refund and awards to all of
                                                              them would result in the maximum quantity being
2.      Offers shall be communicated to the Commis­           exceeded, then the quantity available shall be awarded
sion forthwith and in such manner that the tenderers          as follows :
remain anonymous.
                                                              — by being divided among the tenderers concerned
                                                                   in proportion to the total quantities in each of
                          Article 8
                                                                   their offers, or
                                                              — by being apportioned among the tenderers
 1.     After the offers received have been examined , a           concerned by reference to a maximum tonnage to
 maximum quantity may be fixed for that partial invita­            be fixed for each of them, or
 tion .
                                                              — by the drawing of lots.
 2. A decision may be taken to make no award
 under a specific partial invitation to tender.
                                                                                       Article 11
                          Article 9                            1.    The competent French authority concerned shall
                                                               immediately notify applicants of the result of their
 1 . Account being taken of the current state and              participation in the invitation to tender. In addition,
 foreseeable development of the Community and world            that authority shall send successful tenderers a state­
 sugar markets, there shall be fixed either :                  ment of award .
 ---pagebreak--- 28 . 1 . 81                          Official Journal of the European Communities                            No L 24/ 11
2.     The statement of award shall indicate :                 3 . Section 18 (a) of the export licence shall include
                                                               one of the following endorsements :
(a) the reference number of the invitation to which
     the tender relates ;                                      'Licence valid for the French overseas departments',
(b) the tel quel quantity of raw cane sugar to be              'Lizenz gültig für die französischen überseeischen
     exported ;                                                Departements',
(c) the export levy to be charged or, where applicable,        'Certificat valable pour les départements français
     the export refund to be granted per 100 kilograms         d'outre-mer',
     of raw cane sugar of standard quality of the quan­          Licens gyldig for de franske oversøiske departe­
     tity referred to in (b).                                  menter',
                                                               'Titolo valido per i dipartimenti francesi d oltremare',
                                                                 Certificaat geldig voor de Franse Overzeese departe­
                         Article 12
                                                               menten',
                                                               ' Πιστοποιητικό ισχύον γιά τά ύπερπόντια γαλλικά
Every successful tenderer shall have :                         διαμερίσματα'.
(a) the right to be issued, in respect of the quantity
     awarded, with an export licence indicating as             4. Except in case of force majeure, if the obligation
     appropriate the export levy or the export refund          to export created by the export licence referred to
     quoted in his offer ;                                     under (b) of Article 1 2 has not been fulfilled and if the
                                                               security referred to in Article 6 is less than :
(b) the obligation to lodge, in accordance with the
     relevant provisions of Regulation (EEC) No                (a) the export levy indicated on the licence reduced by
     3183/80, an application for an export licence in               the levy referred to in the second subparagraph of
     respect of that quantity, Article 1 2 (2) of that Regu­        Article 17 ( 1 ) of Regulation (EEC) No 3330/74 in
     lation and Article 10 of Regulation (EEC) No                   force on the last day of validity of the said licence,
     645/75 not applying in such a case.                            or
     The application shall be lodged not later than the        (b) the sum of the export levy indicated on the licence
     day preceding the date of the following partial                and the export refund referred to in Article 2 of
     invitation to tender. Where, however, the latter               Regulation (EEC) No 766/68 in force on the last
     partial invitation to tender does not take place               day of validity of the said licence, or
     within the period referred to under (b) of Article 4
     (2), the application for a licence shall be lodged        (c) the export refund referred to in Article 2 of Regu­
     within six days of the date of the partial invitation          lation (EEC) No 766/68 in force on the last day of
     to tender in respect of which that application is              validity of the licence reduced by the refund indi­
                                                                    cated on the said licence,
     lodged ;
                                                               then, under the time limits and conditions laid down
(c) the obligation to export the tendered quantity and,        in Article 33 of Regulation (EEC) No 3183/80 and by
     if this obligation is not fulfilled, to pay, where        way of a supplementary security for the quantity in
     necessary, the amount referred to in Article 1 3 (4).     respect of which the said obligation was not fulfilled,
This right and these obligations shall not be transfer­        the licence holder shall be charged an amount equal
able.                                                          to the difference between the result of the calculation
                                                               made under (a), (b) or (c), as the case may be, and the
                                                               security referred to in Article 6.
                         Article 13
                                                                                         Article 14
 1 . Article 9 of Regulation (EEC) No 2990/76 shall
not apply to the raw sugar to be exported in accor­
dance with this Regulation .                                   The standing invitation to tender provided for in
                                                               Regulation (EEC) No 1574/79 shall be closed with
                                                               effect from 28 January 1981 .
2.      Export licences issued as a result of a partial invi­
tation to tender shall be valid from the day of issue
until the end of the fifth month following that in
which the partial invitation was issued.                                                 Article 15
 Export licences issued as a result of a partial invitation
 issued after 30 April 1981 shall, however, be valid only      This Regulation shall enter into force on 28 January
until 30 September 1981 .                                       1981 .
 ---pagebreak--- No L 24/ 12                    Official Journal of the European Communities                        28 . 1 . 81
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 27 January 1981 .
                                                                   For the Commission
                                                                     Poul DALSAGER
                                                               Member of the Commission