CELEX: 31973R1977
Language: en
Date: 1973-07-20 00:00:00
Title: Regulation (EEC) No 1977/73 of the Commission of 20 July 1973 on a standing invitation to tender for the sale for export of white sugar held by the German intervention agency

No L 201 /26                            Official Journal of the European Communities                             21 . 7. 73
                             REGULATION (EEC) No 1977/73 OF THE COMMISSION
                                                        of 20 July 1973
              on a standing invitation to tender for the sale for export of white sugar held by
                                              the German intervention agency
THE COMMISSION OF THE EUROPEAN                                    Whereas, in view of the particular situation obtaining
COMMUNITIES,                                                      on the market in sugar, rules differing from those laid
                                                                  down in Commission Regulation (EEC) No
                                                                  2637/70 (8) of 23 December 1970 laying down special
Having regard to the Treaty establishing the European             detailed rules for the application of the system of
Economic Community ;                                              import and export licences and advance fixing certifi­
                                                                  cates for agricultural products, as last amended by
Having regard to Council Regulation No 1009/                      Regulation (EEC) No 1 570/73 (9), should be laid down
67/EEC (') of 18 December 1967 on the common                      for the period of validity of export licences issued in
organization of the market in sugar, as last amended              connection with the present tendering procedure ;
by Regulation (EEC) No 1014/73 (2), and in particular
Article 10 (3) and Article 11 (2) thereof ;                       Whereas it is impossible to ensure that sugar which is
                                                                  exported under this invitation to tender will be the
                                                                  sugar which has been sold by the German interven­
Whereas, it is desirable to issue an invitation to tender         tion agency ; whereas from then a sugar, for which aid
for the purchase by lots of sugar held by the German              has been granted in the United Kingdom, in accor­
intervention agency, whereas the sale should be for               dance with Commission Regulation (EEC) No
export ;                                                          473/73 (10) of 31 January 1973 authorizing the United
                                                                  Kingdom to grant aid as a transitional measure for
Whereas general and detailed rules for the sale of                sugar to be consumed in its territory amended by
sugar by tender were adopted in Council Regulation                Regulation (EEC) No 552/73 (n), could be exported
(EEC) No 447/68 (3) of 9 April 1968 laying down                   instead of the sugar in question ; whereas in order to
general rules for intervention buying of sugar, as last           prevent any distortion of competition and any deflec­
amended by Regulation (EEC) No 2274/70 (4), and by                tion of trade it is necessary to provide that white sugar
Community Regulation (EEC) No 258/72 (5) of 3                     in free circulation in the United Kingdom may not be
February 1972 laying down detailed rules concerning               exported to third countries under cover of a licence
the sale by tender of sugar by intervention agencies ;            issued under this standing invitation to tender ;
                                                                  Whereas the measures provided for in this Regulation
Whereas a minimum quantity for which tenders may                  are in accordance with the Opinion of the Manage­
be submitted should be fixed at such level as will
                                                                  ment Committee for Sugar ;
enable the largest possible number of tenderers to
take part ;
Whereas the sugar put up for sale will be of the cate­            HAS ADOPTED THIS REGULATION :
gory 1 defined in Council Regulation (EEC) No
1280/71 (6) of 18 June 1971 laying down detailed
rules for the buying in of sugar by intervention agen­
cies, as amended by Regulation (EEC) No 2417/71 (7) ;                                        Article 1
Whereas it is not impossible that the quantity of sugar            1 . The German intervention agency shall issue a
delivered following an award of contract may be less              standing invitation to tender for the sale for export of
than that mentioned in the communication as to the                white sugar which it holds. The tendering procedure
award ; whereas it is proper that in such case the                shall determine the export refund on the said sugar.
German intervention agency should correct the
communication ;
                                                                  2.    Tenders submitted in response to the standing
                                                                  invitation shall relate to quantities of white sugar
(') OJ No 308, 18. 12. 1967, p. 1 .                               made up into lots as indicated in the Annex.
(2) OJ No L 106, 20. 4. 1973, p. 1 .
(3) OJ No L 91 , 12. 4. 1968 , p. 5. '
(4) OJ  No L 246, 12.   11 . 1970, p. 3 .                         (8) OJ No L 283 ,  29 . 12. 1970, p. 15 .
(5) OJ  No.L 31 , 4. 2. 1972, p. 22.                              H OJ No L 157,     14.  6. 1973, p. 17.
(6) OJ  No L 133, 19.   6. 1971 , p. 34.                          (">) OJ No L 53,   26.  2. 1973, p. 59.
(7) OJ  No L 250, 11 .  11 . 1971 , p. 30.                          " OJ No L 54,    27.  2. 1973, p. 21 .
 ---pagebreak--- 21 . 7. 73                        Official Journal of the European Communities                            No L 201 /27
                        Article 2                                                      Article 7
The tendering procedure shall be in accordance with          1 . The German intervention agency shall include
the relevant provisions of Regulation (EEC) No               in the certificate of award a reservation as to the quan­
447/68 and of Regulation (EEC) No 258/72 and with            tity awarded.
the provisions set out below.                                2. Where the quantity delivered by the German
                                                             intervention agency is lower than that specified in the
                        Article 3                            certificate of award, the certificate shall be amended to
                                                             exclude the difference found.
The invitation to tender shall remain open until a
date to be fixed later.                                      3.    The successful tenderer shall not be entitled to
                                                             any other rights by reason of the difference in quan­
                        Article 4                            tity found under paragraph 2.
1 . In derogation from Articles 4 (3) and 5 (3) (b) of                                 Article 8
Regulation (EEC) No 258/72, publication of the ,
Notice of invitation to tender in the Official Journal       The German intervention agency shall each week, by
of the European Communities shall take place at least        displaying notices, publish the quantities sold under
two days before expiry of the period for submission of       this tendering procedure. In addition notices shall be
tenders for the first individual invitation to tender.       displayed in the Commission headquarters in Brus­
                                                             sels, in places set aside for the purpose.
2. In derogation from Article 5 (4) (b) of Regulation
(EEC) No 258/72 the period for the submission . of                                     Article 9
tenders which is otherwise due to expire on
Wednesday, 15 August 1973, shall expire at 9.30 a.m.         1 . Article 33 (a) of Regulation (EEC) No 2637/70
on Tuesday, 14 August 1973.                                  shall not apply to white sugar to be exported under
                                                             this tendering procedure.
                        Article 5
                                                             2.     Export licences issued in connection with an
                                                             individual invitation to tender shall be valid from the
A tender shall be valid only if it relates to a quantity
of at least 500 metric tons, or if the remaining quan­       date of issue until 30 September 1973 .
tity in a lot is less than 500 metric tons, to that
                                                                                      Article 10
remaining quantity.
                                                             The white sugar in free circulation in the United
                        Article 6                            Kingdom shall not be exported under cover of an
                                                             export licence issued under this standing invitation to
The price to be paid by the successful tenderer shall        tender.
be fixed per 100 kg in respect of each lot, as indicated
in the Annex. The price is quoted ex storage depot,                                   Article 11
goods laden and presented in the manner described in                                                         /
the Annex, as appropriate to the particular lot, but         This Regulation shall enter into force on 23 July
exclusive of internal taxes .                                1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 20 July 1973 .
                                                                        For the Commission
                                                                            The President
                                                                       Francois-Xavier ORTOLI
 ---pagebreak--- No L 201 /28                         Official Journal of the European Communities                        21 . 7 . 73
                                                         ANNEX
       1                           2                          3              4                 5               6
  Reference                                                               Quality                            Price
   number        ' Land ', storer and storage place·      Quantity ( t) description         Packing    (u. a. /100 kg)
  of the lot
             NORDRHEIN-WESTFALEN
             RHENUS AG
     Al      Düsseldorf Hafen
             Kaistraße 4-6                                  1 000             1
                                                                                       Jutesäcke            25-05
                                                                                       mit Polyäthylen
                                                                                       (50 kg)
             NORDRHEIN-WESTFALEN                     .
             RHENUS AG
     A2      Düsseldorf Hafen
             Kaistraße 4-6
                                                              500 .          1      ." Jutesäcke            25-05
                                                                                       mit Polyäthylen
                                                                                       (50 kg)