CELEX: 31974R3062
Language: en
Date: 1974-12-03 00:00:00
Title: Regulation (EEC) No 3062/74 of the Commission of 3 December 1974 on a standing invitation to tender to determine subsidies for imports of white and raw sugar

4 . 12 . 74                               Official Journal of the European Communities                           No L 324/7
                              REGULATION (EEC) No 3062/74 OF THE COMMISSION
                                                       of 3 December 1974
              on a standing invitation to tender to determine subsidies for imports of white
                                                           and raw sugar
THE COMMISSION OF THE EUROPEAN                                       the system of import licences and export licences and
COMMUNITIES,                                                         of prefixation for agricultural products, as last
                                                                     amended by Regulation (EEC) No 2858/74 (8),;
Having regard to the Treaty establishing the European
Economic Community ;                                                 Whereas, having regard in particular to the fact that
                                                                     this tendering system concerns both imports of sugar
                                                                     from , and subsequent exports of corresponding quanti­
Having regard to Council Regulation No 1009/                         ties of sugar to third countries it would not be appro­
67/EEC ( 1 ) of 18 December 1967 on the common                       priate to apply monetary compensatory amounts to
organization of the market in sugar, as last amended                 the said system ;
by Regulation (EEC) No 2476/74 (2), and in particular
Articles 11 (2), 16 (5) and 38 thereof ;                             Whereas the Opinion of the Finance Committee has
                                                                     been sought ;
Having regard to Regulation (EEC) No 608 /72 (3) of
23 March 1972 laying down rules to be applied in                     Whereas the measures provided for in this Regulation
cases of considerable rises in the prices of sugar on                are in accordance with the Opinion of the Manage­
the world market, and in particular Article 3 thereof ;              ment Committee for Sugar,
Having regard to Council Regulation (EEC) No
974/71 (4) of 12 May 1971 on certain measures of
conjunctural policy to be taken in agriculture                       HAS ADOPTED THIS REGULATION :
following the temporary widening of the margins of
fluctuation in the currencies of certain Member States,
as last amended by Regulation (EEC) No 2497/74 (5),                                           Article 1
and in particular Article 6 thereof ;
                                                                     The Member States shall issue a standing invitation to
Whereas the decision to subsidise imports of 200 000                 tender in respect of subsidies for imports from third
metric tons of sugar, together with the terms of the                 countries of white and raw sugar, and during the
import procedure, were announced in Council Regula­                  period of validity of the standing invitation to tender
tion (EEC) No 2931 /74 (6) of 18 November 1974 on                    they shall issue partial invitations to tender.
the introduction of a subsidy for imports of white and
raw sugar ; whereas the procedure will be one of
tendering, in which the tenderer will be authorized to                                        Article 2
export from the start of the processing of the 1975
beet harvest a quantity of sugar corresponding to that
imported under the said tendering procedure ;                        The standing invitation to tender and the partial invi­
                                                                      tations to tender shall be issued in accordance with
                                                                      the provisions of Regulation ( EEC) No 2931 /74 and
Whereas, having regard to the price levels of sugar on                the provisions of this Regulation .
the world market and to the situation in respect of the
 Community's sugar supplies, it is appropriate to
 provide certain measures of a technical nature to                                            Article 3
ensure that the tendering system operates as effec­
 tively as possible ; whereas, for the same reasons, it is
 appropriate to provide for derogations from, or adapta­              1 . The Member States shall draw up an invitation
 tions of Commission Regulation (EEC) No 2637/70 (7)                  to tender. The invitation shall be published in the Offi­
 of 23 December 1970 on detailed rules for applying                   cial Journal of the European Communities. The
                                                                      Member States may be publish the invitation to tender
(')  OJ  No 308 , 18 . 12 . 1967, p . 1 .
                                                                      or have it published elsewhere .
(2)  OJ  No L 264, 1 . 10 . 1974, p. 70 .
(3 ) OJ  No L 75, 28 . 3 _ J 972, p. 5 .                              2.    The invitation to tender shall indicate in parti­
(4)  OJ  No L 106, 12 . 5 . 1971 , p. 1 .                             cular the terms of the invitation .
(5 ) OJ  No L 268 , 3 . 10 . 1974, p. 5 .
(6)  OJ  No L 311 , 22 . 11 . 1974, p. 8 .
( 7) OJ  No L 283 , 29 . 12 . 1970, p . 15,                          (8) OJ No L 305, 15 . 11 . 1974, p . 27 .
 ---pagebreak--- No L 324/ 8                         Official Journal of the European Communities                                4 . 12 . 74
3 . The standing invitation to tender shall be                 (d) the amount of import subsidy sought per 100 kilo­
published only for the purpose of opening it. The invi­             grammes of sugar expressed in white value, in the
tation as published may be amended during the                       currency of the Member State of the authority to
period of validity of the standing invitation to tender.            which the tender is submitted ;
It shall be amended if the terms of the invitation to
                                                               (e) the Member State in whose territory the imported
tender are changed during that period .                             sugar will be put into free circulation and, where
                                                                    appropriate, the anticipated port or ports of impor­
                                                                    tation .
                         Article 4
                                                               3.     A tender shall be valid only if :
1 . The period during which tenders may be
submitted in response to the first partial invitation :        (a) the total quantity of sugar to be imported is not
                                                                    less than 500 metric tons ;
(a) shall begin on the day on which the standing invi­
     tation to tender is published in the Official             (b) proof is furnished before the expiry of the time
                                                                    limit    for the   submission   of tenders   that    the
    Journal of the European Communities, and
                                                                    tenderer has lodged the security required for the
(b) shall expire on 11 December 1974 at 10 a.m .                    invitation to tender provided for in Article 6 ;
2. The period during which tenders may be                      (c) it includes a declaration by the tenderer that if his
submitted in response to the second and subsequent                  tender is successful he will apply for an import
partial invitations :                                               licence in respect of the quantity of product to be
                                                                    imported .
(a) shall begin on the first working day following the
     day on which the preceding period comes to an             4. A tender may stipulate that it is to be regarded
     end, and                                                  as having been submitted only if :
(b) shall expire on the Wednesday of the following             (a) the maximum amount of the subsidy provided for
     week at 10 a.m .
                                                                    in Article 8 ( 1 ) is fixed on the day on which the
                                                                    time limit for the submission of tenders expires ;
3.     Notwithstanding the provision in paragraph 2 (b)
the time limits for the submission of tenders which            (b) the award of the tender relates to the total quantity
would otherwise expire on Wednesday, 25 December                    indicated in the tender or to a specified part of
 1974 or Wednesday, 1 January 1975, shall be                        that total quantity.
Wednesday, 8 January 1975.                                     5.     A tender which is not submitted in accordance
4. During the period of Summer Time in Italy, the              with the provisions in this Article, or which contains
                                                               terms other than those indicated in the invitation to
time limits laid down in the preceding paragraphs
                                                               tender, shall not be taken into consideration .
shall be extended by one hour in that Member State.
Outside the periods of Summer Time in Ireland and
                                                               6.     Once submitted a tender may not be withdrawn .
in the United Kingdom , the time limits laid down in
the preceding paragraphs shall be brought forward by
one hour in those Member States .
                                                                                          Article 6
                         Article 5
                                                                1 . The security required for the invitation to tender
                                                               shall be 25 units of account per 100 kilogrammes of
                                                               white sugar. In the case of raw sugar the subsidy shall
 1.    Tenderers must either lodge a tender in writing,
                                                               be 25 units of account per 100 kilogrammes of the
against a receipt, with the competent authority of the         white sugar equivalent of the raw sugar.
Member State in which the imported sugar will be put
into free circulation , or address the tender to that
                                                               2 . The amount to be used in calculating that part
authority by registered letter, telex or telegram .            of the security which is forfeited shall be three units
2.     The tender must indicate :
                                                               of account plus the difference between the maximum
                                                               amount of the subsidy fixed in connection with the
(a) the invitation to which the tender relates ;               partial invitation in response to which the tender was
                                                               accepted and the maximum amount of the subsidy
(b) the name and address of the tenderer ;                     fixed for the last partial invitation prior to the date on
(c) the quantity of white sugar or raw sugar, as appro­        which the validity of the licence expires, where the
     priate, to be imported . In the case of raw sugar the     latter is the greater.
     quantity to be imported must also be expressed as
     a corresponding quantity of white sugar by refer­         3 . The tenderer may lodge the security either in
     ence to a yield calculated by doubling the degree         cash or in the form of a guarantee by an establish­
     of polarization of the raw sugar and subtracting          ment complying with criteria laid down by the
     100 ;                                                     Member State in which the fender is submitted .
 ---pagebreak---  4 . 12 . 74                                  Official Journal of the European Communities                           No L 324/ 9
 4. Except in cases of force majeure, the security                                                Article 9
 required for the invitation to tender shall be released
 only in respect of the quantity :                                       1 . Except where a decision is taken to discontinue
 (a) for which the tenderer :                                            a partial invitation to tender, and without prejudice to
      — has not withdrawn his tender, and                                the provisions of paragraphs 2 and 3, the award shall
                                                                         be made to every tenderer whose tender does not
      — has completed the customs import formalities                    exceed the maximum amount of the subsidy.
           under the import licence issued following the
           award of the tender, in which case the provi­                2. Where a maximum tonnage has been fixed for a
           sions of Article 16 of Regulation (EEC) No                    partial invitation to tender, the award shall be made to
            1373/70 ( !), as last amended by Regulation                 the tenderer whose tender quotes the lowest subsidy.
           ( EEC) No 2111 /74 (2), shall apply mutatis                   If the maximum tonnage is not fully used up by that
            mutandis ;                                                  tender, awards shall be made to those applicants
 (b) for which the tender has not been pursued.                         whose tenders quote the next lowest subsidies until
 The deposit shall be released without delay.                           the maximum tonnage has been accounted for.
 5. In a case of force majeure, the competent                           3 . Where, however, awards under the provisions of
 authority of the Member State concerned shall                           paragraph 2 would lead to the maximum tonnage
 determine the measures necessary in view of the                        being exceeded as a result, taking a particular tender
 circumstances invoked by the interested party.                         into consideration , an award shall be made to that
                                Article 7
                                                                        tenderer in respect only of the tonnage which would
                                                                        allow the maximum tonnage to be accounted for.
  1 . Tenders shall be examined in private by the                       Tenders quoting the same subsidy and whose aggre­
 competent authority concerned. Subject to paragraph                    gate tonnage exceeds the maximum tonnage will be
 2, persons present at the examination shall be sworn                   considered in proportion to the individual quantities
 to secrecy.                                                            in such tenders .
 2.     Tenders shall be communicated to the Commis­
 sion without delay and in a manner which respects                                               Article 10
 anonymity.
                                Article 8
                                                                         1 . The competent authority of the Member State
                                                                        concerned shall immediately notify all applicants of
  1.    After examining the tenders received and having                 the result of their participation in the invitation to
 regard in particular to the Community's position with                  tender. That authority shall also send successful
 regard to sugar supplies and to the levels of sugar                    tenderers without delay a statement of award .
 prices in the Community and on the world market,
 the Commission shall fix, in accordance with the                       2.     Statement of awards shall , inter alia, indicate :
 procedure laid down in Article 40 of Regulation No
 1009/67/ EEC, a maximum subsidy for the partial invi­                  (a) the invitation to which the tender relates ;
 tation to tender in question . It may also decide to                   (b) the tonnage, in respect of which the subsidy has
 discontinue a partial invitation to tender.                                 been awarded, expressed in white value, and in the
 2.     After examination of the tenders, a maximum
                                                                             case of raw sugar expressed also in tel quel value ;
 tonnage may be fixed for each partial invitation in                    (c) the subsidy to be granted per 100 kilogrammes of
 accordance with the procedure referred to in para­                          sugar, expressed in white value ;
 graph 1 .                                                              (d) the Member State where the imported sugar will
 3 . In order to achieve comparability between                               be put into free circulation .
 tenders, and for the award of tenders by Member
 States, the amount proposed for the subsidy expressed
                                                                                                 A rticle 1 I
 in a national currency shall be converted into units of
 account by applying the relevant conversion rate                        1.    The tenderer shall have :
 currently in operation with the common agricultural
 policy, weighted by the coefficient referred to in                     (a) the right to the issue, in respect of the quantity of
Article 4 (3) of Regulation ( EEC) No 1463/73 (3 ), as                       product to be imported, of an import licence
 last amended by Regulation ( EEC) No 2521 /74 (4), and                      showing the subsidy specified in the tender ;
 applicable in the Member State in which the sugar
will be put into free circulation on the day on which                   (b) the obligation :
the maximum amount of the subsidy is fixed .                                 — to import that quantity into the Member State­
                                                                                 indicated in the statement of award ,
(')  OJ   No   L 158 , 20 . 7 . 1970 , p. 1 .                                — where the sugar is sold for consumption in the
(2)  OJ   No   L 220,  10 . 8 . 1974, p. 5 .
(3 ) OJ   No   L 146,  4. 6. 1973 , p. 1 .                                       Community, to abide by the undertakings, pres­
(4)  OJ  No    L 270 , 5 . 10 . 1974, p. 70 .                                    cribed in Article 12 ;
 ---pagebreak--- No L 324/ 10                          Official Journal of the European Communities                               4 . 12. 74
(c) the right to the issue of an export licence in                                        'Article 12
      respect of a quantity of sugar corresponding to
      that put into free circulation under the licence
      referred to in (a) and in respect of which the
      subsidy has been paid in accordance with Article           1 . The undertakings referred to in the second
      13 , provided this licence, is applied for between 15      indent of Article 11 ( 1 ) (b) shall be the following :
      October 1975 and 31 March 1976 . Within the
    I meaning of Article 8 ( 1 ) (a) of Regulation (EEC)
      No 1373/70, this export licence shall be valid for        (a) where a successful tenderer sells the imported
      six months from the date of issue ;                             white sugar, the price in the contract of sale shall
                                                                      not exceed 32-40 units of account per 100 kilo­
(d) the right to export the quantity of sugar referred to             grammes of products, exclusive of packaging, deliv­
      in (c) without the provisions of Article 16 ( 1 ) of            ered ?X the cif stage in the Member State in which
      Regulation No 1009/67/EEC being applied to that                 the sugar is to be put into free circulation ;
      quantity.
The obligations arising from an award shall not be               (b) where the successful tenderer is himself to manu­
transferable .                                                        facture products containing the imported white
                                                                      sugar, he may declare an undertaking that such
2. The licence referred to in paragraph 1 (a) shall                   products will be manufactured his own premises.
be issued by the competent authority of the Member                    In the absence of such a declaration the provision
State in which the statement of award was issued.                     of subparagraph (a) shall apply ;
Applications for licences must be submitted within 10
days following the day on which the time limit for the           (c) where the successful tenderer sells the imported
submission of tenders expires. In respect of partial                  raw sugar to a refinery or factory for refining, the
invitations to tender issued before 1 January 1975,                   price in the contract of sale shall not exceed 27-82
however, the application must be submitted in the                     units of account per 100 kilogrammes of standard
 first 10 days of January 1975.                                       quality raw sugar, exclusive of packaging, delivered
                                                                      at the cif stage in the Member State in which the
3 . By way of derogation from Article 32 ( 1 ) of Regu­               refined sugar is to be put into free circulation . The
 lation (EEC) No 2637/70, import licences issued                      contract shall also contain a clause whereby the
under this tendering procedure shall be valid from the                refiner or the producer who purchases the sugar
date of issue until the end of the second month                       for refining undertakes to sell the refined sugar at
 following that date within the meaning of Article 8 ( 1 )            a price not exceeding 32-40 units of account per
of Regulation (EEC) No 1373/70 .                                       100 kilogrammes of product, exclusive of pack­
                                                                      aging, ex-refinery or ex-factory, no account being
4. At the request of the tenderer a licence issued in                 taken of any transport costs between the frontier
 respect of white sugar under the provision in para­                  of the Member State in which the sugar is to be
graph 1 (a) may be replaced before the customs                        put into free circulation and the place of refining ;
 import formalities have been completed by a licence
 in respect of raw sugar, and vice versa. The new                (d) where the successful tenderer is a refiner, or
 licence shall be issued only by the authority which                  producer, refining the imported sugar he shall
 issued the original licence and only upon presentation               declare an undertaking to sell the refined sugar at
 of the statement of award provided for in Article 10 .               a price not exceeding 32-40 units of account per
The new licence shall contain -the same information                    100 kilogrammes of product, exclusive of pack­
 as that shown on the original licence except in respect              aging, ex-refinery or ex-factory, no account being
 of the nature and quantity of the product to be                      taken of any transport costs between the frontier
 imported .                                                           of the Member State in which the sugar is to be
                                                                      put into free circulation and the place of refining.
Where the new licence relates to :
— white sugar, the quantity to be indicated in the
      licence shall be the quantity of raw sugar                 2. Furthermore, in the cases referred to in para­
      expressed in white value as indicated in the state­        graph 1 (c) and (d), where a refiner or producer
      ment of award,
                                                                  intends to sell the refined sugar at a mixed price deter­
— raw sugar, the quantity to be indicated in the                  mined by reference to the refining of raw sugar
      licence shall be expressed in white value and shall         imported from several origins and at various prices, he
      be equal to the quantity of white sugar as indi­           shall declare an undertaking that, when calculating
      cated in the original licence.                             the mixed selling price he will abide by the maximum
                                                                  price referred to in paragraph 1 (d) in respect of that
 5 . An application for the export licence referred to            part of the quantity of refined white sugar corres­
 in paragraph 1 (c) must be submitted to the authority            ponding to the raw sugar imported under the
 which issued the corresponding import licence.                   tendering procedure.
 ---pagebreak--- 4. 12. 74                             Official Journal of the European Communities                          No L 324/ 11
 3 . Where appropriate, the maximum price of 32-40               Article 13 shall pay him without delay a supplemen­
 units of account referred to in paragraph 1 shall be            tary amount equal to the difference per 100 kilo­
 increased by the difference between the threshold               grammes between the target price for white sugar
 price applying on the day which the imported white              applying on the day on which the time limit for the
 sugar is put into free circulation and the threshold            submission of tenders in response to the partial invita­
 price applying on the day on which is fixed the                 tion in question expires, and the target price for white
 maximum subsidy for the partial invitation to tender            sugar on the day on which the customs export formali­
 in question .                                                   ties are completed following the exercise of the right
                                                                conveyed by Article 11 ( 1 ) (c).
 In that case the maximum price of 27-82 units of
account referred to in paragraph 1 (c) shall be
                                                                                          Article 17
 increased by 92 % of the difference referred to in the
 preceding paragraph .                                           1 . The provisions of Article 33a of Regulation
                                                                (EEC) No 2637/70 shall not apply to white sugar or
                         Article 13                             raw sugar which the tenderer can export in accor­
                                                                dance with Article 11 ( 1 ) (c).
 1 . The subsidy in respect of the quantity put into
free circulation shall be paid without delay to the             2. By way of derogation from Article 33 ( 1 ) (a) of
tenderer by the competent authority in the Member               Regulation (EEC) No 2637/70, the rate of the deposit
State which issued the invitation to tender, in the             in connection with import licences shall be zero unit
currency of that Member State, upon the production :            of account per 100 kilogrammes net.
(a) of proof that the obligation referred to in the first
                                                                                         Article 18
     indent of Article 11 ( 1 ) (b) has been complied
     with . This proof shall require the presentation of        An Article 30a, as follows, shall be inserted in Regula­
     copy No 1 of the import licence and, where appro­          tion (EEC) No 2637/70 :
     priate, of copy No 1 of the extract or extracts from
     licences bearing attributions entered by the
     Member State in which the product is to be put in               'Article 30a
     free circulation as indicated in the tender, in accor­
     dance with the provisions of Article 8 of Regula­                1 . For the purposes of applying Article 1 1 ( 1 ) (a)
     tion (EEC) No 1373/70 ;                                         of Regulation (EEC) No 3062/74, Section 20 of
                                                                     the import licence shall specify the rate of import
(b) of the contract or of the declaration referred to in
     Article 12.
                                                                     subsidy, expressed in the currency of the Member
                                                                     State issuing the licence and contained in one of
For the purposes of payment of the subsidy in respect                the following endorsements :
of raw sugar the imported quantity of such sugar shall               "import subsidy applicable :        per 100 kg, to be
be expressed as a quantity of white sugar, taking into               adjusted as appropriate" ;
account the effective yield .                                        " Einfuhrsubvention :         je 100 kg, gegebenen­
2. The right to the subsidy shall be acquired only                   falls anzupassen" ;
after the relevant obligations have been fulfilled .                 "subvention a l'importation applicable :            par
                                                                      100 kg, a adapter le cas échéant" ;
                         Article 14                                  "sovvenzione all'importazione applicabile :
                                                                     per 100 kg, da adattare se necessario" ;
Monetary compensatory amounts shall not apply to                     " invoersubsidie       per 100 kg, eventueel aan te
the imports and exports made under this tendering                    passen" ;
system .                                                             " tilskud til indførsel      pr. 100 kg, tilpasses i
                                                                     givet fald".
                         Article 1 .5
                                                                     2.     For the purpose of applying Article 1 1 ( 1 ) (b)
Where the maximum price has been increased under                     of Regulation (EEC) No 3062/ 74 Section 18 of the
the provisions of Article 12 (3), the subsidy to which               export licence shall contain one of the following
                                                                     endorsements :
entitlement is conveyed by Article 13 shall be reduced
by an amount equal to the increase in the maximum                    " for export without levies" ;
price in respect of the product concerned .                          "ohne Abschöpfungen auszuführen " ;
                                                                     "a exporter sans prélèvements" ;
                         Article 16
                                                                     "da esportare senza prelievi" ;
Where appropriate, and at the request of a person                    " uit te voeren zonder heffingen " ;
entitled to a subsidy, the Member State referred to in               "udføres uden afgifter".'
 ---pagebreak--- No L 324/ 12                      Official Journal of the European Communities                           4 . 12 . 74
                       Article 19                                                   Article 20
Member States shall take all measures necessary to
facilitate the supervision of the application of this
Regulation and the recovery of all or part of the
subsidy if the undertakings entered into by the parties      This Regulation shall enter into force on 4 December
are not observed .                                           1974 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 3 December 1974.
                                                                     For the Commission
                                                                         The President
                                                                    Francois-Xavier ORTOLI