CELEX: 31983R1882
Language: en
Date: 1983-07-12 00:00:00
Title: Commission Regulation (EEC) No 1882/83 of 8 July 1983 on a principal standing invitation to tender in order to determine levies and/or refunds on exports of raw sugar

12 . 7 . 83                             Official Journal of the European Communities                           No L 187/ 15
                                  COMMISSION REGULATION (EEC) No 1882/83
                                                        of 8 July 1983
              on a principal standing invitation to tender in order to determine levies and/or
                                              refunds on exports of raw sugar
THE COMMISSION OF THE EUROPEAN                                    be a derogation from Commission Regulation (EEC)
COMMUNITIES,                                                      No 2630/81 of 10 September 1981 on special detailed
                                                                  rules for the application of the system of import and
Having regard to the Treaty establishing the European             export licences for sugar (8), as last amended by Regu­
Economic Community,                                               lation (EEC) No 31 30/82 (9), from Commission Regu­
                                                                  lation (EEC) No 3183/80 of 3 December 1980 laying
                                                                  down common detailed rules for the application of the
Having regard to Council Regulation (EEC) No                      system of import and export licences and advance­
1785/81 of 30 June 1981 on the common organization                fixing certificates for agricultural products (10), as last
of the markets in the sugar sector ('), as last amended           amended by Regulation (EEC) No 2666/82 ("), and
by Regulation (EEC) No 606/82 (2), and in particular              from Commission Regulation (EEC) No 645/75 of 13
Articles 13 (2), 18 (5), 19 (4) and (7) and the second            March 1975 laying down common detailed rules for
paragraph of Article 39 thereof,                                  the application of the export levies and charges on
                                                                  agricultural products (12), as last amended by Regula­
                                                                  tion (EEC) No 1607/80 C 3);
Having regard to Council Regulation (EEC) No 608/72
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
                                                                  Commission Regulation (EEC) No 1160/82 of 14 May
                                                                  1982 providing for the advance fixing of monetary
Whereas, in view of the situation on the Community                compensatory amounts (M) provides that, where the
and world sugar markets, a principal standing invita­             levy or refund is fixed in advance by means of tenders,
tion to tender should be issued for export of raw sugar           applications to fix the monetary compensatory amount
obtained from beet or cane harvested in the Commu­                in advance shall be accepted only if the party
nity ; whereas, in view of possible fluctuations in world         concerned has declared in writing at the time of
prices for sugar, the invitation to tender must provide           submission of the tender that he will also apply to fix
for the determination of export levies and/or export              the monetary compensatory amount in advance if the
refunds ;                                                         tender is accepted in whole or in part ; whereas, in
                                                                  such cases, the obligation to lodge an application to fix
Whereas the general rules governing invitations to                the levy or refund in advance following acceptance of
tender for the purpose of determining export refunds              the tender involves an obligation to request at the
for sugar were laid down in Council Regulation (EEC)              same time advance fixing of the monetary compen­
No 766/68 of 18 June 1968 laying down general rules               satory amount ; whereas, for reasons peculiar to the
                                                                  market in sugar, when an operator intends to make use
for granting export refunds on sugar (4), as last
amended by Regulation (EEC) No 1489/76 Is) ;                      of the facility of fixing a monetary compensatory
                                                                  amount in advance in connection with an export levy
                                                                  or refund fixed in advance under a tendering pro­
Whereas, in view of the specific nature of the trans­             cedure he only makes up his mind to do so at the
actions involved, special detailed rules should be laid           moment when the application for the export licence is
down in this Regulation, and those provided for in                made ; whereas it is only after he has been declared
Commission Regulation (EEC) No 394/70 of 2 March                  successful in respect of a levy or refund for the quan­
 1970 on detailed rules for granting export refunds on            tity of sugar indicated in his tender that the said
sugar (6), as last amended by Regulation (EEC) No                 monetary compensatory amount can be fixed in
 1467/77 Q, should not apply ; whereas, for the same              advance ; whereas application of the second subpara­
reasons, appropriate provisions should be laid down               graph of the said Article 3 ( 1 ) would, as a consequence,
with regard to export licences issued in connection                if the tenderer did not, as laid down, ask for advance
with the standing invitation to tender and there should            fixing of the monetary compensatory amount at the
(') OJ   No L 177, 1 . 7. 1981 , p. 4.                            H OJ    No L 258 , 11 . 9 . 1981 , p. 16.
0   OJ   No L 74, 18 . 3 . 1982, p. 1 .                           (') OJ  No L 329 , 25 . 11 . 1982, p. 20 .
(J) OJ   No L 75, 28 . 3 . 1972, p. 5 .                           H OJ     No L 338, 13 . 12. 1980, p. 1 .
(4) OJ   No L 143, 25. 6 . 1968 , p. 6.                           (") OJ   No L 283, 6. 10. 1982, p. 7.
0   OJ   No L 167, 26. 6. 1976, p. 13.                            H OJ     No L 67, 14. 3. 1975, p. 16.
(6) OJ   No L 50, 4. 3 . 1970, p. 1 .                             H OJ     No L 160, 26. 6. 1980, p. 42.
n   OJ   No L 162, 1 . 7. 1977, p. 6.                             H OJ     No L 134, 15. 5. 1982, p. 22.
 ---pagebreak--- No L 187/ 16                        Official Journal of the European Communities                               12. 7 . 83
time the licence or certificate was applied for, entail       (a) shall begin on 12 July 1983 ;
his losing a very large security, the loss of which would
                                                              (b) shall end on 20 July 1983 at 10.30 a.m .
be out of proportion to the objective behind the provi­
sions of the second subparagraph of the said Article 3
( 1 ); whereas, in consequence, a derogation should be        2. The periods during which tenders may be
made from the said provision in the case of this ten­         submitted in response to the second and subsequent
dering procedure, so that application for advance             partial invitations :
fixing of the monetary compensatory amount at the
time when the application for the export licence is           (a) shall begin on the first working day following the
made should be optional ;                                          end of the preceding period ;
                                                              (b) shall end at 10.30 a.m. on the Wednesday of the
Whereas the measures provided for in this Regulation               following week.
are in accordance with the opinion of the Management
Committee for Sugar,
                                                              3.     Notwithstanding paragraph 2 (b), the period for
                                                              the submission of tenders which was to end on
                                                              Wednesday 2 and Wednesday 16 November 1983
HAS ADOPTED THIS REGULATION :                                 shall end on Thursday 3 and Thursday 17 November
                                                               1983 respectively, at 10.30 a.m.
                         Article 1
                                                              4. Notwithstanding paragraph 2, no partial invita­
1 . There shall be issued a principal standing invita­        tion to tender will be issued on Wednesday 28
                                                              December 1983 .
tion to tender in order to determine export levies
and/or export refunds on raw sugar obtained from beet
or cane harvested in the Community, and during the            5. The time limits laid down in this Regulation are
period of validity of this standing invitation there shall    expressed in Belgian time.
be issued partial invitations to tender.
2. The standing invitation to tender shall remain
                                                                                      Article 5
open until 13 June 1984.
                                                               1.    Offers in connection with this tender must be in
                         Article 2
                                                              writing, and must be either delivered by hand, against
                                                              a receipt, to the competent authority in a Member
The standing invitation to tender and the partial invi­       State, or addressed to that authority by registered letter,
tations shall be conducted in accordance with Regula­         telex or telegram .
tion (EEC) No 766/68 and with the following provi­
sions. Regulation (EEC) No 394/70 shall not apply.
                                                              2.     A tender must indicate :
                         Article 3                            (a) the reference number of the invitation to tender to
                                                                   which the offer relates ;
 1.     Member States shall draw up a notice of invita­       (b) the name and address of the tenderer ;
tion to tender which shall be published in the Official
Journal of the European Communities. Member States            (c) the quantity tel quel of raw sugar to be exported ;
may also publish the notice, or have it published, else­      (d) the amount of the export levy or, where applicable
where .
                                                                   of the export refund per 100 kilograms of standard
                                                                   quality sugar, expressed in the currency of the
2.      The notice shall indicate in particular the terms          Member State in which the tender is submitted ;
of the invitation to tender.
                                                              (e) the minimum amount of the security to be lodged
3.      The notice shall be published only for the                 covering the quantity of sugar indicated in (c),
purpose of opening the standing invitation to tender.              expressed in the currency of the Member State in
 It may be amended during the period of validity of the            which the tender is submitted .
standing invitation to tender. It shall be so amended if
 the terms of the invitation to tender are modified .
                                                               3.    An offer shall be valid only if :
                         Article 4
                                                               (a) the quantity to be exported is not less than 250
                                                                   tonnes of raw sugar ;
 1 . The period during which tenders may be                    (b) proof is furnished before expiry of the time limit
submitted in response to the first partial invitation to           for the submission of tenders that the tenderer has
 tender :                                                          lodged the security indicated in the tender ;
 ---pagebreak---   12. 7 . 83                         Official Journal of the European Communities                         No L 187/ 17
 (c) it includes a declaration by the tenderer that if his      in Article 12 (b) become the security for the export
      offer is successful he will, within the period laid      licence .
      down in Article 12 (b), apply for an export licence
      or licences in respect of the quantities of raw sugar    2. The security may be lodged at the tenderer's
      to be exported ;                                         choice, either in cash or in the form of a guarantee
 (d) it includes a declaration by the tenderer certifying      given by an establishment complying with criteria laid
      that :                                                   down by the Member State in which the tender is
                                                               submitted .
      — the product intended for export consists of raw
          sugar obtained either from beet or from cane         3.     Except in the case of force majeure, the security
                                                               will be released :
          harvested in the Community, and
     — the customs export formalities will be                  (a) to tenderers only in respect of the quantity for
          completed in the French overseas departments             which no award was made ;
          in the case of sugar obtained from cane              (b) to successful tenderers only if they applied for
          harvested in the Community ;                             their export licence within the period laid down in
(e) it includes a declaration by the tenderer that if his          Article 12 (b) and only for the quantity in respect
     tender is successful he will :                                of which they have fulfilled the obligation created
                                                                   by that licence, Article 33 of Regulation (EEC) No
     — where the obligation to export created by the               3183/80 remaining applicable. The security lodged
          export licence referred to in Article 12 (b) is          in respect of a quantity for which the above obliga­
                                                                   tions have not been fulfilled shall be forfeited .
          not fulfilled, supplement the security by
          payment of the amount referred to in Article
          13 (4), and                                          4.     In case of force majeure, the competent agency
                                                               in the Member State concerned shall take such action
     — within 30 days following the expiry of the              as it considers necessary having regard to the cir­
          export licence in question, notify the agency        cumstances invoked by the party concerned.
          which issued the licence of the quantity or
          quantities in respect of which the licence was
          not used ;                                                                    Article 7
(f) it contains all the information required under para­
     graph 2.                                                  1 . Tenders shall be examined in private by the
                                                               competent authority concerned. Subject to paragraph
                                                               2, persons present at the examination shall be under
4. A tender may stipulate that it is to be regarded as         an obligation not to disclose any particulars relating
having been submitted only if :                                thereto .
(a) the minimum export levy or, where applicable the           2.     Tenders shall be communicated to the Commis­
     maximum export refund, is fixed on the day of the         sion forthwith and in such manner that the tenderers
     expiry of the period for the submission of the            remain anonymous.
     tenders in question ;
(b) the tender, if successful, relates to all or a specified                            Article 8
     part of the tendered quantity.
                                                               1.     After the tenders received have been examined, a
5.      A tender which is not submitted in accordance          maximum quantity may be fixed for that partial invita­
with the provisions of this Regulation, or which               tion .
contains terms other than those indicated in the notice
of invitation to tender, shall not be considered.              2. A decision may be taken to make no award
                                                               under a specific partial invitation to tender.
6.      Once submitted, a tender may not be withdrawn .
                                                                                        Article 9
                          Article 6                            1 . In the light of the intervention price for raw
                                                               sugar for the 1983/84 marketing year and, in parti­
                                                               cular, the current state and foreseeable development of
1 . A security of 9 ECU per 100 kilograms of sugar             the Community and world sugar markets, there shall
to be exported under this invitation to tender must be         be fixed either :
lodged by each tenderer. Without prejudice to Article
13 (4), this security shall in the case of successful          — a minimum export levy, or
tenderers and at the time of the application referred to       — a maximum export refund.
 ---pagebreak--- No L 187 / 18                        Official Journal of the European Communities                                  12 . 7 . 83
2. Subject to Article 10, where a minimum export               In addition , that authority shall send successful ten­
levy is fixed, a contract shall be awarded to every            derers a statement of award .
tenderer whose tender quotes a rate of levy equal to or
greater than such minimum levy.
                                                               2.     The statement of award shall indicate :
3 . Subject to Article 10, where a maximum export              (a) the reference number of the invitation to which
refund is fixed, a contract shall be awarded to every               the tender relates ;
tenderer whose tender quotes a rate of refund equal to
or less than such maximum refund and to every                  (b) the quantity tel quel of raw sugar to be exported ;
tenderer who has tendered for an export levy.                  (c) the export levy to be charged, or where applicable
                                                                    the export refund to be granted, per 100 kilograms
                                                                    of standard quality raw 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 not later than :
     refund .
                                                                    — the last working day preceding the date of the
                                                                         partial invitation to tender to be held the
2. However, where an award to a particular tenderer                      following week, or
in accordance with the provisions of paragraph 1
would result in the maximum quantity being                          — if no partial invitation to tender is to be held
exceeded, that award shall be limited to such quantity                   that week, the last working day of the following
as is still available . Where two or more tenderers quote                week ;
the same levy or the same refund and awards to all of          (c) the obligation to export the tendered quantity and,
them would result in the maximum quantity being                     if this obligation is not fulfilled, to pay, where
exceeded, then the quantity available shall be awarded              necessary, the amount referred to in Article 1 3 (4).
as follows :
—- by being divided among the tenderers concerned              This right and these obligations are not transferable.
     in proportion to the total quantities in each of
     their tenders , or
— by being apportioned among the tenderers                                               Article 13
     concerned by reference to a maximum tonnage to
     be fixed for each of them , or
— by the drawing of lots .                                      1 . The first paragraph of Article 9 of Regulation
                                                                (EEC) No 2630/81 shall not apply to the raw sugar to
                                                                be exported in accordance with this Regulation .
                          Article 11
                                                                2. Export licences issued in connection with a
                                                                partial invitation to tender shall be valid from the day
 1 . The competent authority of the Member State                of issue until the end of the fifth calendar month
concerned shall immediately notify applicants of the            following that in which the partial invitation was
result of their participation in the invitation to tender.      issued .
 ---pagebreak---  12. 7. 83                           Official Journal of the European Communities                           No L 187/ 19
However :                                                           force on the last day of validity of the said licence ;
                                                                    or
(a) licences issued in connection with partial invita­
     tions :                                                   (b) the sum of the export levy indicated on the licence
                                                                    and the export refund referred to in Article 2 of
     — issued in the period 20 July to 7 September                  Regulation (EEC) No 766/68 in force on the last
         1983 may be used only from 15 September                    day of validity of the said licence ; or
         1983 ,
                                                               (c) the export refund referred to in Article 2 of Regu­
     — issued in the period 14 to 28 September 1983                 lation (EEC) No 766/68 in force on the last day of
         may be used from the day of issue, and                     validity of the licence, reduced by the refund indi­
     shall be valid only until 31 December 1983 ;                   cated on the said licence ;
(b) licences issued in connection with partial invita­         then , under the time limits and conditions laid down
     tions issued from 1 February 1984 shall be valid          in Article 33 of Regulation (EEC) No 3183/80 and by
     only until 31 July 1984.                                  way of a supplementary security for the quantity in
3 . In the case of raw sugar obtained from cane                respect of which the said obligation was not fulfilled,
harvested in the Community, section 18 (a) of the              the licence holder shall be charged an amount equal
                                                               to the difference between the result of the calculation
export licence shall contain one of the following
endorsements :                                                 made under (a), (b) or (c), as the case may be, and the
                                                               security referred to in Article 6.
'Licence valid for the French overseas departments',
'Licens gyldig for de franske oversøiske departe­                                       Article 14
menter',
                                                               If the tenderer intends to apply for advance fixing of
' Lizenz gültig für die französischen überseeischen            the monetary compensatory amount under this
 Departements',                                                standing invitation to tender, the provisions of the
' Πιστοποιητικό ισχύον για τα υπερπόντια γαλλικά               second subparagraph of Article 3 ( 1 ) of Regulation
διαμερίσματα',                                                 (EEC) No 1160/82 shall not apply.
'Certificat valable pour les départements français             When use is made of the provisions of the first sub­
d'outre-mer',                                                  paragraph of Article 3 ( 1 ) of that Regulation, those of
'Titolo valido per i dipartimenti francesi d oltremare ,       the third subparagraph of paragraph 1 and of para­
'Certificaat geldig voor de Franse overzeese departe­          graph 2 of that Article shall remain applicable to this
 menten'.                                                      tendering procedure.
4. Except in cases of force majeure, if the obligation                                  Article 15
to export created by the export licence referred to in
Article 12 (b) has not been fulfilled and if the security       In Article 1 (2) of Regulation (EEC) No 2015/82 ('), '31
 referred to in Article 6 is less than :                       August 1983' is hereby replaced by ' 14 July 1983'.
(a) the export levy indicated on the licence reduced by                                 Article 16
     the levy referred to in the second subparagraph of
     Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in        This Regulation shall enter into force on 12 July 1983.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 8 July 1983 .
                                                                           For the Commission
                                                                             Poul DALSAGER
                                                                      Member of the Commission
                                                                (') OJ No L 216, 24. 7. 1982, p. 20 .