CELEX: 31981R2042
Language: en
Date: 1981-07-21 00:00:00
Title: Commission Regulation (EEC) No 2042/81 of 16 July 1981 on a supplementary standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

21 . 7. 81                                Official Journal of the European Communities                          No L 200/27
                                    COMMISSION REGULATION (EEC) No 2042/81
                                                          of 16 July 1981
              on a supplementary standing invitation to tender in order to determine levies
                                           and/or refunds on exports of white sugar
THE COMMISSION OF THE EUROPEAN                                       amended by Regulation (EEC) No 342/81 (8), from
COMMUNITIES,                                                         Commission Regulation (EEC) No 3183/80 of 3
                                                                     December 1980 laying down common detailed rules
Having regard to the Treaty establishing the European                for the application of the system of import and export
Economic Community,                                                  licences and advance-fixing certificates for agricultural
                                                                     products (9) and from Commission Regulation (EEC)
Having regard to Council Regulation (EEC) No                         No 645/75 of 13 March 1975 laying down common
1785/81 of 30 June 1981 on the common organiza­                      detailed rules for the application of the export levies
tion of the market in sugar (l), and in particular Arti­             and charges on agricultural products (10), as last
cles 13 (2), 18 (5), 19 (4) and (7) and the second para­             amended by Regulation (EEC) No 1607/80 (n);
graph of Article 39 thereof,
                                                                    Whereas the measures provided for in this Regulation
Having regard to Council Regulation (EEC) No                         are in accordance with the opinion of the Manage­
608/72 of 23 March 1972 laying down rules to be                      ment Committee for Sugar,
applied in the case of considerable price rises on the
world sugar market (2), and in particular Article 1 ( 1 )
thereof,                                                             HAS ADOPTED THIS REGULATION :
Whereas, in view of the situation on the Community
and world sugar markets, a supplementary standing                                             Article 1
invitation to tender should be issued for the exporta­
tion of white sugar which, having regard to possible                 1 . There shall be issued a supplementary standing
fluctuations in world prices for sugar, must provide for             invitation to tender in order to determine export
the determination of export levies and/or export                     levies and/or export refunds on white sugar, and
refunds ;
                                                                     during the period of validity of this standing invita­
                                                                     tion there shall be issued partial invitations to tender.
Whereas the general rules governing invitations to
tender for the purpose of determining export refunds                 2. The standing invitation to tender shall remain
for sugar were laid down in Council Regulation (EEC)                 open until 31 August 1982.
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) ;                                                  Article 2
Whereas, in view of the specific nature of the transac­              The standing invitation to tender and the partial invi­
tions involved, special detailed rules of application                tations shall be conducted in accordance with Regula­
should be laid down in this Regulation, and those                    tion (EEC) No 766/68 and with the following provi­
provided for in Commission Regulation (EEC) No                       sions. Regulation (EEC) No 394/70 shall not apply.
394/70 of 2 March 1 970 on detailed rules for granting
export refunds on sugar (5), as last amended by Regula­
tion (EEC) No 1467/77 (6), should not apply ; whereas,                                        Article 3
for the same reasons, appropriate provisions should be
laid down with regard to export licences issued in                    1 . The Member States shall draw up a notice of invi­
connection with the standing invitation to tender and                tation to tender which shall be published in the Offi­
there should be a derogation from Commission Regu­                    cial Journal of the European Communities. Member
lation (EEC) No 2990/76 of 9 December 1976 on                        States may also publish the notice, or have it
special detailed rules for the application of the system             published, elsewhere.
of import and export licences for sugar (7), as last
                                                                     2.     The notice shall indicate in particular the terms
(') OJ  No  L 177, 1 . 7. 1981 , p . 4.                              of the invitation to tender.
(2) OJ  No  L 75, 28 . 3 . 1972, p. 5.
(3) OJ  No  L 143, 25 . 6 . 1968 , p. 6 .
(4) OJ  No  L 167, 26. 6. 1976, p. 13 .                              (8) OJ No L 38 , 11 . 2. 1981 , p. 8 .
(5) OJ  No  L 50, 4. 3 . 1970 , p. 1 .                               (9) OJ No L 338 , 13 . 12. 1980 , p . 1 .
(') OJ  No  L 162, 1 . 7. 1977, p. 6.                                ( 10) OJ No L 67, 14. 3. 1975, p. 16.
(7) OJ  No  L 341 , 10 . 12. 1976, p. 14.                            (») OJ No L 160 26. 6 . 1980, p. 42.
 ---pagebreak--- No L 200/ 28                       Official Journal of the European Communities                                21 . 7 . 81
3 . The notice shall be published only for the                    the currency of the Member State in which the
purpose of opening the standing invitation to tender.             tender is submitted .
 It may be amended during the period of validity of
the standing invitation to tender. It shall be so            3.     An offer shall be valid only if :
amended if the terms of the invitation are modified .
                                                             (a) the quantity to be exported is not less than 250
                                                                  tonnes of white sugar ;
                         Article 4
                                                             (b) proof is furnished before expiry of the time limit
 1 . The period during which tenders may be                       for the submission of offers that the tenderer has
submitted in response to the first partial invitation to          lodged the security indicated in the offer ;
tender :
                                                             (c) it includes a declaration by the tenderer that if his
(a) shall begin on 1 March 1982,                                  offer is successful he will, within the period laid
(b) shall end on 18 March 1982 at 10.30 a.m .                     down under (b) of Article 12, apply for export
                                                                  licences in respect of the quantities of white sugar
2. The periods during which tenders may be                        to be exported ;
submitted in response to the second and subsequent
                                                             (d) it includes a declaration by the tenderer that if his
partial invitations :                                             offer is successful he will :
(a) shall begin on the first working day following the
     end of the preceding period ;                                — where the obligation to export created by the
                                                                      export licence referred to under (b) of Article
(b) shall end at 10.30 a.m. on the Wednesday of the                   12 is not fulfilled, supplement the security by
     following week.                                                  payment of the amount referred to in Article
                                                                      13 (4) and,
3 . By way of derogation from paragraph 2 (b), the
period for the submission of tenders which would                  — within 30 days following the expiry of the
otherwise end on :                                                    export licence in question, notify the agency
                                                                      which issued the licence of the quantity or
(a) Wednesday, 17 March 1982 shall end on Thursday,                   quantities in respect of which the licence was
     18 March 1982 at 10.30 a.m .;
                                                                      not used ;
(b) Wednesday, 28 April 1982 shall end on Tuesday,
     27 April 1982 at 10.30 a.m .;                           (e) it contains all the information required under para­
                                                                  graph 2.
(c) Wednesday 14 and Wednesday, 21 July 1982 shall
     end on Tuesday 13 and Tuesday, 20 July 1982             4.     An offer may stipulate that it is to be regarded as
     respectively, at 10.30 a.m .                            having been sumitted only if :
4. The time limits laid down in this Regulation are          (a) the minimum export levy or, where applicable, the
expressed in Belgian time.                                        maximum export refund, is fixed on the day of
                                                                  expiry of the period for the submission of the
                         Article 5
                                                                  offers in question ;
                                                             (b) the offer, if successful, relates to all or a specified
 1.    Offers in connection with this tender must be in
                                                                  part of the tendered quantity.
writing, and must be either delivered by hand, against
a receipt, to the competent authority in a Member            5.     An offer which is not submitted in accordance
State, or addressed to that authority by registered          with the provisions of this Regulation, or which
letter, telex or telegram .                                  contains terms other than those indicated in the
2.     An offer must indicate :
                                                             notice of invitation to tender, shall not be considered.
(a) the reference number of the invitation to which          6.     Once submitted, an offer may not be withdrawn.
     the offer relates ;
(b) the name and address of the tenderer ;                                             Article 6
(c) the quantity of white sugar to be exported ;
(d) the amount of the export levy or, where applicable        1 . A security of 9 ECU per 100 kilograms of sugar
     of the export refund per 100 kilograms of white         to be exported under this invitation to tender must be
     sugar, expressed in the currency of the Member          lodged by each tenderer. Without prejudice to Article
     State in which the tender is submitted ;                 13 (4) of this Regulation, this security shall in the case
                                                             of the successful tenderers and at the time of the appli­
(e) the amount of the security to be lodged covering         cation referred to in Article 1 2 (b) become the security
     the quantity of sugar indicated in (c), expressed in    for the export licence.
 ---pagebreak--- 21 . 7 . 81                         Official Journal of the European Communities                           No L 200 / 29
2. The security may be lodged, at the tenderers                tenderer whose tender quotes a rate a levy equal to or
choice either in cash or in the form of a guarantee           greater than such minimum levy.
given by an establishment complying with criteria laid
down by the Member State in which the tender is
submitted.
                                                               Subject to Article 1 0, where a maximum export refund
                                                               is fixed, a contract shall be awarded to every tenderer
                                                              whose tender quotes a rate of refund equal to or less
3.     Except in case of force majeure the security shall      than such maximum refund and to every tenderer
be released :
                                                               who has tendered for an export levy.
(a) to tenderers only in respect of the quantity for
     which no award was made ;
                                                                                        Article 10
(b) to successful tenderers only if they applied for
     their export licence within the period laid down
     under (b) of Article 1 2 and only for the quantity in     1 . Where a maximum quantity has been fixed for a
     respect of which they have fulfilled the obligation       partial invitation to tender :
     created by that licence, Article 33 of Regulation
     (EEC) No 3183/80 remaining applicable.                    — if a minimum levy is fixed, a contract shall be
                                                                    awarded to the tenderer whose tender quotes the
4.      In case of force majeure, the competent agency              highest levy. If the maximum quantity is not fully
in the Member State concerned shall take such action                covered by that award, awards shall be made to
as it considers necessary having regard to the circum­              other tenderers in descending order of levies
stances invoked by the party concerned.                             quotes until the entire maximum quantity has
                                                                    been accounted for ;
                          Article 7
                                                               — if a maximum refund is fixed, contracts shall be
                                                                    awarded in accordance with the first indent ; if
                                                                    after such awards a quantity is still outstanding, or
 1.     Offers shall be examined in private by the                  if there are no tenders quoting a levy, contracts
competent authority concerned. Subject to paragraph                 shall be awarded in ascending order of refunds
2, persons present at the examination shall be under                quoted until the entire maximum quantity has
an obligation not to disclose any particulars relating              been accounted for, to tenderers quoting a refund.
thereto .
2.      Offers shall be communicated to the Commis­            2. However, where an award to a particular tenderer
sion forthwith and in such manner that the tenderers           in accordance with the provisions of paragraph 1
remain anonymous.                                              would result in the maximum quantity being
                                                               exceeded, that award shall be limited to such quantity
                                                               as is still available . Where two or more tenderers
                          Article 8
                                                               quote the same levy or the same refund and awards to
                                                               all of them would result in the maximum quantity
                                                               being exceeded, then the quantity available shall be
 1.     After the offers received have been examined, a        awarded as follows :
maximum quantity may be fixed for that partial invita­
tion .
                                                               — by being divided among the tenderers concerned
                                                                    in proportion to the total quantities in each of
2. A decision may be taken to make no award                         their tenders, or
under a specific partial invitation to tender.
                                                               — by being apportioned among the tenderers
                                                                    concerned by reference to a maximum tonnage to
                          Article 9
                                                                    be fixed for each of them, or
                                                               — by the drawing of lots.
 1 . In the light of the intervention price for white
sugar for the 1981 /82 marketing year and the current
state and foreseeable development of the Community
                                                                                        Article 11
and world sugar markets, there shall be fixed either :
— a minimum export levy, or
                                                                1 . The competent authority of the Member State
— a maximum export refund.                                     concerned shall immediately notify applicants of the
                                                               result of their participation in the invitation to tender.
 2. Subject to Article 10, where a minimum export               In addition, that authority shall send, successful
levy is fixed, a contract shall be awarded to every            tenderers a statement of award .
 ---pagebreak---  No L 200 /30                        Official Journal of the European Communities                              21 . 7. 81
 2.     The statement of award shall indicate :                 under (b) of Article 12 has not been fulfilled and if
                                                                the security referred to in Article 6 is less than :
 (a) the reference number of the invitation to which
     the tender relates ;                                       (a) the export levy indicated on the licence reduced
                                                                    by the levy referred to in the second subparagraph
 (b) the quantity of white sugar to be exported ;                   of Article 18 ( 1 ) of Regulation (EEC) No 1785/81
 (c) the export levy to be charged, or where applicable             in force on the last day of validity of the said
                                                                    licence, or
     the export refund to be granted, per 100 kilograms
     of white sugar of the quantity referred to in (b).        (b) the sum of the export levy indicated on the
                                                                    licence and the export refund referred to in Article
                        Article 12
                                                                    2 of Regulation (EEC) No 766/68 in force on the
                                                                    last day of validity of the said licence, or
 Every successful tenderer shall have :                        (c) the export refund referred to in Article 2 of Regula­
                                                                    tion (EEC) No 766/68 in force on the last day of
(a) the right to claim in respect of the quantity                   validity of the licence reduced by the refund indi­
     awarded, an export licence indicating as appro­                cated on the said licence,
     priate the export levy or the export refund quoted
     in his offer ;                                            then, under the time limits and conditions laid down
 (b) the obligation to lodge, in accordance with the           in Article 33 of Regulation (EEC) No 3183/80 and by
     relevant provisions of Regulation (EEC) No                way of a supplementary security for the quantity in
     3183/80, an application for an export licence in          respect of which the said obligation was not fulfilled,
     respect of that quantity, Article 1 2 (2) of that Regu­   the licence holder shall be charged an amount equal
                                                               to the difference between the result of the calculation
     lation and Article 10 of Regulation (EEC) No
     645/75 not applying in such a case.                       made under (a), (b) or (c), as the case may be, and the
                                                               security referred to in Article 6.
     The application shall be lodged not later than the
     day preceding the date of the following partial invi­
     tation to tender. Where, however, the latter partial                                Article 14
     invitation to tender does not take place within the
     period referred to under (b) of Article 4 (2), the         1.    In so far as the conditions set out in Article 12
     application for a licence shall be lodged within
     five days of the date of the partial invitation to        of Regulation (EEC) No 766/68 are satisfied, any
     tender in respect of which that application is            export refunds and export levies fixed in advance in
     lodged ;                                                  connection with this invitation to tender before 1 July
                                                               1982 for sugar exported on or after that date shall, at
(c) the obligation to export the tendered quantity and,        the request of the party concerned, be adjusted in
     if this obligation is not fulfilled, to pay, where        accordance with paragraph 2.
     necessary, the amount referred to in Article 13 (4).
                                                               2. For purposes of the adjustment referred to in
This right and these obligations shall not be transfer­        paragraph 1 , the export refund shall be increased, and
able .                                                         the export levy decreased, by the difference, expressed
                                                               in ECU per 100 kilograms, between the intervention
                                                               price of sugar applicable with effect from 1 July 1982
                        Article 13                             and the intervention price of that sugar applicable on
                                                               30 June 1982.
 1 . Article 9 of Regulation (EEC) No 2990/76 shall
not apply to the white sugar to be exported in accor­          In calculating the difference referred to in the above
dance with this Regulation .                                   subparagraph there shall be added to these interven­
                                                               tion prices the relevant storage levy as referred to
2. Export licences issued in connection with a                 under (a) of the third subparagraph of Article 8 (2) of
partial invitation to tender shall be valid from the day       Regulation (EEC) No 1785/8 1 .
of issued until 30 September 1982.
3. Export licences issued in conftection with a                                          Article 15
partial invitation to tender held between 18 March
1982 and 30 June 1982 may be used from 1 July
1982 only.                                                     This Regulation shall enter into force on 21 July
                                                               1981 .
4. Except in case of force majeure, if the obligation
to export created by the export licence referred to            It shall apply from 1 March 1982.
 ---pagebreak--- 21 . 7 . 81                    Official Journal of the European Communities                      No L 200 / 31
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 16 July 1981 .
                                                                   For the Commission
                                                                       The President
                                                                      Gaston THORN