CELEX: 31985R2236
Language: en
Date: 1985-08-06 00:00:00
Title: Commission Regulation (EEC) No 2236/85 of 29 July 1985 on a principal standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

6. 8 . 85                           Official Journal of the European Communities                          No L 209/ 19
                                 COMMISSION REGULATION (EEC) No 2236/85
                                                     of 29 July 1985
              on a principal standing invitation to tender in order to determine levies and/or
                            \             refunds on exports of white sugar
 THE COMMISSION OF THE EUROPEAN                                 reasons, appropriate provisions should be laid down
 COMMUNITIES,                                                  with regard to export licences issued in connection
                                                               with the standing invitation to tender and there should
                                                               be a derogation from Commission Regulation (EEC)
 Having regard to the Treaty establishing the European          No 2630/81 of 10 September 1981 on special detailed
 Economic Community,                                            rules for the application of the system of import and
                                                                export licences for sugar (8), as last amended by Regu­
                                                               lation (EEC) No 3130/82 f), from Commission Regu­
                                                                lation (EEC) No 3183/80 of 3 December 1980 laying
 Having regard to Council Regulation (EEC) No                  down common detailed rules for the application of the
 1785/81 of 30 June 1981 on the common organization            system of import and export licences and advance­
of the markets in the sugar sector ('), as last amended        fixing certificates for agricultural products (10), as last
by Regulation (EEC) No 1482/85 (2), and in particular          amended by Regulation (EEC) No 1994/84 (n), and
Articles 13 (2), 18 (5), 19 (4) and (7) and the second         from Commission Regulation (EEC) No 645/75 of 13
paragraph of Article 39 thereof,                               March 1975 laying down common detailed rules for
                                                               the application of the export levies and charges on
                                                               agricultural products (12), as last amended by Regula­
Having regard to Council Regulation (EEC) No 608/72            tion (EEC) No 1 607/80 (13) ;
of 23 March 1972 laying down rules to be applied in
the case of considerable price rises on the world sugar
market (3), and in particular Article 1 ( 1 ) thereof,
                                                               Whereas the second subparagraph of Article 3 (1 ) of
Whereas, in view of the situation on the Community             Commission Regulation (EEC) No 1160/82 of 14 May
and world sugar markets, a principal standing invita­           1982 providing for the advance fixing of monetary
tion to tender should be issued for export of white            compensatory amounts (14), as amended by Regulation
sugar which, having regard to possible fluctuations in         (EEC) No 469/85 (15), provides that, where the levy or
world prices for sugar, must provide for the determina­        refund is fixed in advance by means of tenders, appli­
tion of export levies and/or export refunds ;                  cations to fix the monetary compensatory amount in
                                                               advance shall be accepted only if the party concerned
                                                               has declared in writing at the time of submission of
Whereas the general rules governing invitations to             the tender that he will also apply to fix the monetary
tender for the purpose of determining export refunds           compensatory amount in advance if the tender is
for sugar were laid down in Council Regulation (EEC)           accepted in whole or in part ; whereas, in such cases,
No 766/68 of 18 June 1968 laying down general rules            the obligation to lodge an application to fix the levy or
for granting export refunds on sugar (4), as last              refund in advance following acceptance of the tender
amended by Regulation (EEC) No 1489/76 (5);                    involves an obligation to request at the same time
                                                               advance fixing of the monetary compensatory
                                                               amount ; whereas, for reasons peculiar to the market in
                                                               sugar, when an operator intends to make use of the
Whereas, in view of the specific nature of the transac­        facility of fixing a monetary compensatory amount in
tions involved, special detailed rules should be laid          advance in connection with an export levy or refund
down in this Regulation, and those provided for in             fixed in advance under a tendering procedure he only
Commission Regulation (EEC) No 394/70 of 2 March               makes up his mind to do so at the moment when the
 1970 on detailed rules for granting export refunds on         application for the export licence is made ; whereas it
sugar (*), as last amended by Regulation (EEC) No              is only after he has been declared successful in respect
 1467/77 Q, should not apply ; whereas, for the same
                                                               (8) OJ No L 258, 11 . 9. 1981 , p. 16.
(') OJ No L 177, 1 . 7. 1981 , p. 4.                           O OJ No L 329, 25. 11 . 1982, p. 20 .
h) OJ No L 151 , 10. 6. 1985, p. 1 .                           H OJ No L 338, 13. 12. 1980, p. 1 .
(3) OJ No L 75, 28 . 3 . 1972, p. 5.                           (") OJ No L 186, 13 . 7. 1984, p. 17.
(<) OJ No L 143, 25. 6. 1968, p. 6.                            (,2) OJ No L 67, 14. 3 . 1975, p. 16.
0 OJ No L 167, 26. 6. 1976, p. 13,                             ( ,3) OJ No L 160, 26. 6. 1980, p. 42.
(4 OJ No L 50, 4. 3. 1970, p. 1 .                              H OJ No L 134, 15. 5 . 1982, p. 22.
0 OJ No L 162, 1 . 7. 1977, p. 6.                              H OJ No L 58 , 26. 2. 1985, p. 5.
 ---pagebreak---  No L 209/20                        Official Journal of the European Communities                                6. 8. 85
 of a levy or refund for the quantity of sugar indicated                               Article 2
 in his tender that the said monetary compensatory
 amount can be fixed in advance ; whereas, in conse­           The standing invitation to tender and the partial invi­
 quence, a derogation should be made from the said             tations shall be conducted in accordance with Regula­
 provision in the case of this tendering procedure, so         tion (EEC) No 766/68 and with the following provi­
 that application for advance fixing of the monetary           sions. Regulation (EEC) No 394/70 shall not apply.'
 compensatory amount at the time when the applica­
                                                                                       Article 3
 tion for the export licence is made should be optional ;
Whereas the fact that export licences issued in respect        1 . Member States shall draw up a notice of invita­
 of partial invitations to tender held from 1 February         tion to tender which shall be published in the Official
 1986 are valid only until 30 June 1986 could, in             Journal of the European Communities. Member States
 certain borderline cases, make it impossible actually to      may also publish the notice, or have it published, else­
                                                              where.
 export the goods before the new marketing year
begins ; whereas it is therefore appropriate to authorize     2.     The notice shall indicate in particular the terms
 the Member State in question to provide, as a conces­        of the invitation to tender.
 sionary measure, that the parties concerned have, if
 they submit a request to that effect, until 15 July 1986     3. The notice shall be published only for the
to export the goods, on the understanding that the said       purpose of opening the standing invitation to tender.
goods are to be regarded as having been exported on           It may be amended during the period of validity of the
30 June 1986 with the result that, where monetary             standing invitation to tender. It shall be so amended if
compensatory amounts are not fixed in advance, the            the terms of the invitation to tender are modified.
agrimonetary factors such as the monetary compensa­
tory amount, the representative rate and the monetary                                 Article 4
coefficient to be applied to the export refund will be
those valid on 30 June 1986 and that, where monetary           1 . The period during which tenders may be
compensatory amounts are fixed in advance up to 30            submitted in response to the first partial invitation to
                                                              tender :
June 1986 the latter may not be adjusted to take
account of any new representative rate introduced on          (a) shall begin on 8 August 1985 ;
or after 1 July 1986 ;                                        (b) shall end on 14 August 1985 at 10.30 a.m.
Whereas the refunds granted for exporting this sugar          2. The periods during which tenders may be
are, on the one hand, fixed within the framework of
                                                              submitted in response to the second and subsequent
the present invitation to tender in the light of the          partial invitations :
 1985/86 marketing year intervention price for white
sugar and, on the other hand, they cannot be adjusted         (a) shall begin on the first working day following the
according to an eventual difference between common                 end of the preceding period ;
prices at the time of the transition to the 1986/87           (b) shall end at 10.30 a.m. on the Wednesday of the
marketing year ; whereas in these conditions it is                 following week.
appropriate to provide that the storage levy fixed for
the 1985/86 marketing year by Commission Regula­              3.     Notwithstanding paragraph 2 (b), the period for
                                                              the submission of tenders which was to end on :
tion (EEC) No 1653/85 (') shall be applied to the sugar
in question, marketed during the period 1 July to 15          — Wednesday, 20 November 1985 shall end on
July 1986 ;                                                        Tuesday, 19 November 1985 at 10.30 a.m.,
Whereas the measures provided for in this Regulation          — Wednesday, 1 January 1986 shall end on Friday, 3
are in accordance with the opinion of the Management               January 1986 at 10.30 a.m.,
Committee for Sugar,                                          — Wednesday, 30 April 1986 shall end on Tuesday,
                                                                   29 April 1986 at 10.30 a.m .
HAS ADOPTED THIS REGULATION :
                                                              4. Notwithstanding paragraph 2, no partial invita­
                                                              tion to tender will be issued on Wednesday 25
                         Article 1                            December 1985.
1 . There shall be issued a principal standing invita­        5. The time limits laid down in this Regulation are
tion to tender in order to determine export levies            expressed in Belgian time.
and/or export refunds on white sugar, and during the
period of validity of this standing invitation there shall                            Article 5
be issued partial invitations to tender.
                                                              1.     Offers in connection with this tender must be in
2.    The standing invitation to tender shall remain          writing, and must be either delivered by hand, against
open until 11 June 1986.                                      a receipt, to the competent authority in a Member
                                                              State, or addressed to that authority by registered letter,
(') OJ No L 159, 19 . 6. 1985, p. 36.                         telex or telegram.
 ---pagebreak---  6. 8 . 85                           Official Journal of the European Communities                        No L 209/21
 2.     An offer must indicate :                               6.     Once submitted, a tender may not be withdrawn.
 (a) the reference number of the invitation to tender to
     which the offer relates ;                                                          Article 6
(b) the name and address of the tenderer ;
                                                                1.    A security of 9 ECU per 100 kilograms of sugar
(c) the quantity of white sugar to be exported ;               to be exported under this invitation to tender must be
(d) the amount of the export levy or, where applicable,        lodged by each tenderer. Without prejudice to Article
     of the export refund per 100 kilograms of white            13 (3), this security shall in the case of successful
     sugar, expressed in the currency of the Member            tenderers and at the time of the application referred to
     State in which the tender is submitted ;                  in Article 12 (b) become the security for the export
                                                               licence .
(e) the minimum amount of the security to be lodged
     covering the quantity of sugar indicated in (c),          2. The security may be lodged at the tenderer's
     expressed in the currency of the Member State in          choice, either in cash or in the form of a guarantee
     which the tender is submitted.                            given by an establishment complying with criteria laid
                                                               down by the Member State in which the tender is
3.     An offer shall be valid only if :                       submitted.
(a) the quantity to be exported is not less than 250           3.     Except in the case of force majeure, the security
     tonnes of white sugar ;                                   will be released :
(b) proof is furnished before expiry of the time limit         (a) to tenderers only in respect of the quantity for
     for the submission of tenders that the tenderer has           which no award was made ;
     lodged the security indicated in the tender ;             (b) to successful tenderers only if they applied for
(c) it includes a declaration by the tenderer that if his          their export licence within the period laid down in
     tender is successful he will, within the period laid          Article 12 (b) and only for the quantity in respect
     down in Article 12 (b), apply for an export licence           of which they have fulfilled the obligation created
     or licences in respect of the quantities of white             by that licence, Article 33 of Regulation (EEC) No
     sugar to be exported ;                                        3183/80 remaining applicable.
(d) it includes a declaration by the tenderer that if his      Any unreleased security and the supplementary secu­
     tender is successful he will :                            rity referred to in Article 13 (3) shall be forfeited in
                                                               respect of a quantity for which the above obligations
     — where the obligation to export created by the           have not been fulfilled.
         export licence referred to in Article 12 (b) is
         not fulfilled, supplement the security by             4.     In case of force majeure, the competent authority
         payment of the amount referred to in Article          of the Member State concerned shall take such action
         13 (3), and                                           as it considers necessary having regard to the circum­
     — within 30 days following the expiry of the              stances invoked by the party concerned.
         export licence in question, notify the agency
         which issued the licence of the quantity or
                                                                                        Article 7
         quantities in respect of which the licence was
         not used ;
                                                               1 . Tenders shall be examined in private by the
(e) it contains all the information required under para­       competent authority concerned. Subject to paragraph
     graph 2.                                                  2, persons present at the examination shall be under
                                                               an obligation not to disclose any particulars relating
4. A tender may stipulate that it is to be regarded as         thereto .
having been submitted only if :
                                                               2.     Tenders shall be communicated to the Commis­
(a) the minimum export levy or, where applicable, the          sion forthwith and in such a manner that the tenderers
     maximum export refund is fixed on the day of the          remain anonymous.
     expiry of the period for the submission of the
     tenders in question ;
                                                                                        Article 8
(b) the tender, if successful, relates to all or a specified
     part of the tendered quantity.                            1.     After the tenders received have been examined, a
                                                               maximum quantity may be fixed for that partial invita­
5..    A tender which is not submitted in accordance           tion .
with the provisions of this Regulation, or which
contains terms other than those indicated in the notice        2. A decision may be taken to make no award
of invitation to tender, shall not be considered.              under a specific partial invitation to tender.
 ---pagebreak---  No L 209/22                        Official Journal of the European Communities                                  6. 8 . 85
                          Article 9                            — by being apportioned among the tenderers
                                                                   concerned by reference to a maximum tonnage to
                                                                   be fixed for each of them, or
 1 . In the light of the intervention price for white
 sugar for the 1985/86 marketing year and, in parti­           — by the drawing of lots.
cular, the current state and foreseeable development of
 the Community and world sugar markets, there shall
be fixed either :
                                                                                       Article 11
— a minimum export levy, or
— a maximum export refund.                                     1 . The competent authority of the Member State
                                                               concerned shall immediately notify applicants of the
2. Subject to Article 10, where a minimum export               result of their participation in the invitation to tender.
levy is fixed, a contract shall be awarded to every            In addition, that authority shall send successful
tenderer whose tender quotes a rate of levy equal to or        tenderers a statement of award.
greater than such minimum levy.
                                                              2.     The statement of award shall indicate :
3. Subject to Article 10, where a maximum export
refund is fixed, a contract shall be awarded to every         (a) the reference number of the invitation to which
tenderer whose tender quotes a rate of refund equal to             the tender relates ;
or less than such maximum refund and to every
tenderer who has tendered for an export levy.                 (b) the quantity of white sugar to be exported ;
                                                              (c) the export levy to be charged, or where applicable
                                                                   the export refund to be granted, per 1 00 kilograms
                                                                  of white sugar of the quantity referred to in (b).
                         Article 10
1 . Where a maximum quantity has been fixed for a
partial invitation to tender :                                                         Article 12
— if a minimum levy is fixed, a contract shall be
     awarded to the tenderer whose tender quotes the          Every successful tenderer shall have :
     highest levy ; if the maximum quantity is not fully
     covered by that award, awards shall be made to           (a) the right to claim in respect of the quantity
    other tenderers in descending order of levies                 awarded, an export licence indicating, as appro­
     quoted until the entire maximum quantity has                 priate, the export levy or the export refund quoted
    been accounted for,                                           in his tender ;
— if a maximum refund is fixed, contracts shall be            (b) the obligation to lodge, in accordance with the
     awarded in accordance with the first indent ; if             relevant provisions of Regulation (EEC) No
     after such awards a quantity is still outstanding, or        3183/80, an application for an export licence in
     if there are no tenders quoting an export levy,              respect of that quantity, Article 1 2 (2) of that Regu­
     contracts shall be awarded in ascending order of             lation and Article 10 of Regulation (EEC) No
     refunds quoted until the entire maximum quantity             645/75 not applying in such a case. The applica­
     has been accounted for, to tenderers quoting a               tion shall be lodged in accordance with the rele­
    refund.                                                       vant provisions of Regulation (EEC) No 3183/80,
                                                                  not later than :
2.     However, where an award to a particular tenderer           — the last working day preceding the date of the
in accordance with the provisions of paragraph 1                       partial invitation to tender to be held the
would result in the maximum quantity being                             following week, or
exceeded, that award shall be limited to such quantity
as is still available. Where two or more tenderers quote          — if no partial invitation to tender is due to be
the same levy or the same refund and awards to all of                  held that week, the last working day of the
them would result in the maximum quantity being                        following week ;
exceeded, then the quantity available shall be awarded        (c) the obligation to export the tendered quantity and,
as follows :
                                                                  if this obligation is not fulfilled, to pay, where
                                                                  necessary, the amount referred to in Article 13 (3).
— by being divided among the tenderers concerned
    in proportion to the total quantities in each of
    their tenders, or                                         This right and these obligations are not transferable.
 ---pagebreak--- 6. 8 . 85                          Official Journal of the European Communities                          No L 209/23
                        Article 13                            been fulfilled and if the security referred to in Article
                                                              6 is less than :
1 . The first paragraph of Article 9 of Regulation           (a) the export levy indicated on the licence reduced by
(EEC) No 2630/81 shall not apply to the white sugar               the levy referred to in the second subparagraph of
to be exported in accordance with this Regulation.                Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in
2. Export licences issued in connection with a                    force on the last day of validity of the said licence,
                                                                  or
partial invitation to tender shall be valid from the day
of issue until the end of the fifth calendar month            (b) the sum of the export levy indicated on the licence
following that in which the partial invitation was                and the export refund referred to in Article 2 of
issued.                                                           Regulation (EEC) No 766/68 in force on the last
                                                                  day of validity of the said licence, or
However :                                                     (c) the export refund referred to in Article 2 of Regu­
(a) licences issued in connection with partial invita­            lation (EEC) No 766/68 in force on the last day of
    tions :                                                       validity of the licence reduced by the refund indi­
                                                                  cated on the said licence,
    — issued in the period 1 4 August to 1 1 September        then , under the time limits and conditions laid down
         1985 may be used only from 15 September
         1985,                                                in Article 33 of Regulation (EEC) No 3183/80 and by
                                                              way of a supplementary security for the quantity in
    — issued in the period 12 September to 2 October          respect of which the said obligation was not fulfilled,
         1985 may be used from the day of issue,              the licence holder shall be charged an amount equal
    and shall be valid only until 31 December 1985 ;          to the difference between the result of the calculation
                                                              made under (a), (b) or (c), as the case may be, and the
(b) licences issued in connection with partial invita­        security referred to in Article 6.
    tions held from 1 February 1986 shall be valid
    only until 30 June 1986. The competent authority                                   Article 14
    of the Member State which has issued a licence
    may, on application from the holder or the                If the tenderer intends to apply for advance fixing of
    assignee where a licence has been transferred,            the monetary compensatory amount under this stand­
    extend its validity until 15 July 1986. If an exten­      ing invitation to tender, the provisions of the second
    sion has been granted, the sugar shall be regarded        subparagraph of Article 3 (1 ) of Regulation (EEC) No
    as having been exported on 30 June 1986. The               1160/82 shall not apply.
    Member      States  shall inform   the   Commission
    without delay of the quantitities of sugar covered        When use is made of the provisions of the first sub­
    by the requests in question. When this sugar is           paragraph of Article 3 ( 1 ) of that Regulation, those of
     marketed during the period 1 July to 15 July 1986,       the third subparagraph of paragraph 1 and of para­
     the storage levy valid for the marketing year            graph 2 of that Article shall remain applicable to
     1985/86 shall be applied.                                this tendering procedure.
                                                                                       Article 15
3 . Except in cases of force majeure, if the obligation
to export created by export licence applied for within        This Regulation shall enter into force on 8 August
the period referred to under Article 12 (b) has not            1985.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 29 July 1985.
                                                                        For the Commission
                                                                         Frans ANDRIESSEN
                                                                            Vice-President