CELEX: 31973R2141
Language: en
Date: 1973-08-03 00:00:00
Title: Regulation (EEC) No 2141/73 of the Commission of 3 August 1973 on a standing invitation to tender to determine the export refund for white sugar

No L 216/ 12                               Official Journal of the European Communities                                  4 . 8 . 73
                             REGULATION ( EEC) No 2141 /73 OF THE COMMISSION
                                                          of 3 August 1973
              on a standing invitation to tender to determine the export refund for white
                                                                 sugar
THE COMMISSION OF THE EUROPEAN                                         regard to tenders and the transferability of export
COMMUNITIES,                                                           licences    under   conditions      different from    those
                                                                       provided for by Commission Regulation (EEC) No
                                                                       1 373/70 (8) of 10 July 1970 on common detailed rules
Having regard to the Treaty establishing the European
Economic Community ;                                                   for the application of the system of import and export
                                                                       licences and advance fixing certificates for agricultural
                                                                       products subject to a single price system, as last
Having regard to Council Regulation No 1009/                           amended by Regulation (EEC) No 1796/73 (9) ;
67/EEC ( 1) of 18 December 1967 on the common
organization of the market in sugar, as last amended                   Whereas the measures provided for in this Regulation
by Regulation (EEC) No 1928 /73 (2), and in particular                 are in accordance with the Opinion of the Manage­
Articles 11 (2), 17 (4) and 38 thereof ;                               ment Committee for Sugar ;
Whereas, as the new sugar production year
approaches, a standing invitation to tender should be
issued for the export of white sugar from the 1973/74                  HAS ADOPTED THIS REGULATION :
sugar marketing year.
Whereas the general and detailed rules relating to the                                           Article 1
tendering procedure to determine the export refund
on sugar are contained in Council Regulation (EEC)                     Member States shall issue a standing invitation to
No 766/68 (3) of 18 June 1968 laying down general                      tender to determine the export refund for white sugar,
rules for granting export refunds on sugar, as last                    and, during the period of validity of the standing invi­
amended by Regulation (EEC) No 881 /73 (4), and in                     tation, they shall issue partial invitations to tender.
Commission Regulation (EEC) No 394/70 (5) of 2
March 1970 on detailed rules for granting export
refunds on sugar ;
                                                                                                 Article 2
Whereas, in order to take account of the present situa­                The standing invitation to tender and the partial invi­
tion on the sugar market, the period of validity of the                tations shall be organized in accordance with Article 4
export licences issued in pursuance of this invitation                 of Regulation (EEC) No 766/68 , the provisions of
to tender should be different from that provided for in                Regulation (EEC) No 394/70 and the following provi­
Commission Regulation (EEC) No 2637/70 (6) on                          sions .
special detailed rules for the application of the system
of import and export licences and advance fixing
certificates for agricultural products, as last amended
                                                                                                 Article 3
by Regulation (EEC) No 1940/73 (7), and it should be
made possible to derogate from those provisions ;
whereas, moreover, a minimum quantity per tender                       The standing invitation to tender shall remain valid
should be laid down according to destination ;                         until a date to be determined at a later stage.
Whereas, as a result of the economic trend of the
world sugar market, when an invitation to tender is                                              Article 4
issued certain situations may arise which are likely to
call into question the principles governing the system                 1 . The period during which tenders may be
of invitations to tender ; whereas, in order to forestall              submitted in response to the first partial invitation :
any possible difficulties, special provisions must be
adopted to deal with such situations, particularly with                (a) shall begin on the day on which notice of the
                                                                            standing invitation to tender is published in the
0)  OJ  No  308 , 18 . 12. 1967, p. 1 .
                                                                            Official Journal of the European Communities -,
(2) OJ  No  L 199, 19. 7. 1973, p. 7.                                  (b) shall end at 10 a.m . on Wednesday, 22 August
 3) OJ  No  L 143, 25. 6. 1968, p. 6.                                       1973 .
 «) OJ  No  L 86, 31 . 3 . 1973 , p . 30 .
 5) OJ  No  L 50, 4. 3. 1970, p. 1 .
 *) OJ  No  L 283, 29. 12. 1970, p. 15.                                (8) OJ No L 158 , 20 . 7. 1970, p. 1 .
 ?) OJ  No  L 199, 19 . 7. 1973, p. 26.                                (9) OJ No L 183, 5 . 7. 1973 , p. 1 .
 ---pagebreak--- 4. 8 . 73                          Official Journal of the European Communities                           No L 216/ 13
2. The periods during which tenders may be                    2.     Where a maximum quantity has been fixed for a
submitted in response to the second and subsequent            partial invitation to tender, and where all the tenders
partial invitations :                                         to be taken into consideration for the award indicate a
(a) shall begin on the first working day following the        refund with a rate of zero, the award shall be made, by
    end of the previous period ; and                         way of derogation from the second subparagraph of
(b) shall end at 10 a.m . on the Wednesday of the            Article 6 (4) of Regulation (EEC) No 394/70, by
    following week.                                           dividing the maximum quantity :
                                                              (a) either in proportion to the quantities shown in the
3 . By way of derogation from paragraph 2 (b) the                  tenders in question ;
periods for submitting tenders which are to end :
(a) on Wednesday, 21 November 1973, shall end on             (b) or between the successful tenderers, up to a
                                                                   maximum tonnage to be determined ;
    Tuesday, 20 November 1973, at 10 a.m .
(b) on Wednesday, 26 December 1973, and                       (c) or by using the procedures provided for under (a)
    Wednesday, 2 January 1974, shall            end   on           and (b) simultaneously ;
    Thursday, 3 January 1974, at 10 a.m .                     (d) or by drawing lots in addition to the procedure
                                                                   provided for under (b).
4. During the period in which Summer Time
applies in Italy, the time limits laid down in the prev­
ious paragraphs shall be understood in that Member                                      Article 9
State to be extended by one hour. For the period
during which Summer Time does not apply in the                 1 . Article 33a of Regulation (EEC) No 2637/70
United Kingdom and in Ireland, the deadlines estab­           shall not apply to the white sugar to be exported in
lished above shall be regarded in that Member State as        pursuance of this standing invitation to tender.
brought forward by one hour.
                                                              2.      Export licences issued in pursuance of a partial
                         Article 5                            invitation to tender shall be valid from the date of
                                                              their issue to the end of the 5th month following the
A tender shall be valid only if it relates to an amount       month in which this invitation to tender has been
of not less than 250 metric tons .                            issued.
                         Article 6                            However,
Where there are tenders indicating a refund with a            (a) export licences issued before 1 October 1973 can
rate of zero :                                                     be used only from that date ;
(a) each tenderer may submit only one tender ;                (b) export licences issued in pursuance of the partial
(b) the tender should be submitted to the competent                invitations to tender to be held after 30 April 1974
     body of the Member State in which the tenderer is             shall be valid only until 30 September 1974.
     permanently resident or has his legal seat, as the
     case may be.
                                                                                       Article 10
                         Article 7                             By way of derogation from the first subparagraph of
                                                              Article 3 of Regulation (EEC) No 1373/70, rights
Tenders shall be notified to the Commission im­               deriving from licences issued in pursuance of a partial
 mediately.                                                    invitation to tender which indicate a refund with a
                                                               rate of zero shall not be transferable .
                         Article 8
 1 . A maximum quantity may be fixed for each of                                        Article 11
 the partial invitations to tender once the tenders have      This Regulation shall enter into force on 6 August
 been examined .                                               1973 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 3 August 1973 .
                                                                         For the Commission
                                                                             The President
                                                                        François-Xavier ORTOLI