CELEX: 31975R0630
Language: en
Date: 1975-03-12
Title: Regulation (EEC) No 630/75 of the Commission of 12 March 1975 on a standing invitation to tender to determine subsidies on white sugar produced in excess of the maximum quota and in respect of which no export levy is to apply, with the option of delivery to Italy

13 . 3 . 75                                Official Journal of the European Communities                            No L 66/ 5
                               REGULATION (EEC) No 630/75 OF THE COMMISSION
                                                          of 12 March 1975
               on a standing invitation to tender to determine subsidies on white sugar
               produced in excess of the maximum quota and in respect of which no export
                                    levy is to apply, with the option of delivery to Italy
THE COMMISSION OF THE EUROPEAN                                       virtue of Commission Regulation (EEC) No 558/75 (8)
COMMUNITIES,                                                          of 4 March 1975 on a standing invitation to tender for
                                                                      the purposes of delivery to Italy of white sugar and
                                                                      the subsidized importation of corresponding quanti­
Having regard to the Treaty establishing the European                 ties of white and raw sugar ;
Economic Community ;
                                                                      Whereas, in order to limit the cost of such operations,
                                                                      provisions should be laid down whereby a successful
Having regard to Council Regulation No 1009/                          tenderer entitled to a subsidy may export free of levy a
67/EEC (') of 18 December 1967 on the common                          quantity of sugar from the subsequent crop ;
organization of the market in sugar, .as last amended
by Regulation (EEC) No 2476/74 (2), and in particular                 Whereas it is desirable to provide for certain measures
Articles 1 1 (2), 25 (3) and 38 thereof ;                             to ensure that the tendering procedure functions as
                                                                      efficiently as possible and to derogate from or adapt
                                                                      Commission Regulation (EEC) No 2637/70 (9) of 23
Having regard to Council Regulation (EEC) No                          December 1970 on special detailed rules for the appli­
2932/74 (3) of 1 8 November 1 974 on the grant and                    cation of the system of import and export licences
financing of a subsidy on sugar produced in excess of                 and advance fixing certificates for agricultural
the maximum quota and on the financing of the                         products, as last amended by Regulation (EEC) No
subsidy on sugar imports, and in particular Article                   491 /75 ( 10);
1 (2) thereof ;
                                                                      Whereas the standing invitation to tender provided for
                                                                      in Regulation (EEC) No 312/75 should accordingly be
                                                                      closed ;
Having regard to Council Regulation ( EEC) No
974/71 (4 ) of 12 May 1971 on certain measures of                     Whereas the Opinion of the Monetary Committee has
conjunctural policy to be taken in agriculture                        been sought ;
following the temporary widening of the margins of
fluctuation   for the       currencies      of certain   Member       Whereas the Management Committee for Sugar has
States, as last amended by Regulation (EEC) No                        not delivered an opinion within the time limit set by
475/75 (5), and in particular Article 6 thereof ;                     its Chairman ,
Whereas Commission Regulation (EEC) No 31 2/75 (6)                    HAS ADOPTED THIS REGULATION :
of 7 February 1975 on a standing invitation to tender
to determine subsidies for white sugar produced in
excess of the maximum quota and in respect of which                                                Article I
no export levy is to apply opened a standing invita­
tion to tender which was last suspended by Regulation                 The Member States in which sugar has been produced
(EEC) No 557/75 ( 7) ; whereas, in the light of experi­               in excess of the maximum quota shall issue a standing
ence* and with a view to ensuring more effectively the                invitation to tender to remain open until 23 April
supply of the deficit areas, the terms of this invitation              1975, and during its period of validity partial invita­
should be revised and incorporated in a new Regula­                   tions to tender, in respect of a subsidy for such white
tion, and should include in particular a provision                    sugar produced during the 1974/75 sugar marketing
whereby a tenderer* may undertake to deliver the sugar                year to which the provisions of Article 16 ( 1 ) of Regu­
in question to Italy ; whereas it should be provided                  lation No 1009/67/ EEC do not apply.
that in such cases the subsidy shall correspond to the
maximum amount fixed on the day in question by                                                     Article 2
(') OJ No 308 , 18 . 12. 1967, p. 1 .                                  1.     The Member States concerned shall draw up a
I1) OJ No L 264, 1 . 10. 1974, p. 70.                                  notice of standing invitation to tender. This notice
(3 ) OJ  No L 31 1 , 22 . 11 . 1974, p . -10 .
(4 ) OJ  No L  106, 12 . 5 . 1971 , p. 1 .
(5 ) OJ  No L 52, 28 . 2 . 1975, p . 28 .                             (8) OJ No L 59, 5 . 3 . 1975, p. 16 .
(")  OJ  No L 35, 8 . 2. 1975, p. 5 .                                 O OJ No L 283 , 29 . 12 . 1970, p . 15 .
( 7) OJ  No L 59 , 5 . 3 . 1975, p . 8 .                              ( I0 ) OJ No L 53 , 28 . 2 . 1975, p . 33 .
 ---pagebreak---  No L 66/ 6                         Official Journal of the European Communities                              13 . 3 . 75
shall be published in the Official Journal of the Euro -       In the case provided for in the second indent of para­
pean Communities. The Member States concerned                 graph 2 (d) such declaration must include an under­
may also publish the notice of invitation to tender, or       taking by the tenderer that if his tender is successful
have it published, elsewhere .                                he will deliver the tonnage of sugar in question to
                                                               Italy in accordance with the conditions laid down in
2.     The notice of invitation to tender shall indicate      Article 1 0 ;
in particular the terms of the invitation .
                                                              4.      In the case provided for in the second indent of
3.     The notice of standing invitation to tender shall      paragraph 2 (d) a tender may stipulate that it is to be
be published only for the purpose of opening that invi­       regarded as having been submitted only if the subsidy
tation . The notice as published may be amended               referred to in the second subparagraph of Article 6 ( 1 )
during the period of validity of the standing invitation      exceeds a specified amount.
to tender. It shall be so amended if the terms of the
                                                              5.      A tender which is not submitted in accordance
invitation to tender are amended during that period .
                                                              with the provisions of this Article, or which contains
                                                              terms other than those indicated in the notice of invi­
                          Article 3                           tation to tender, shall not be taken into consideration .
 1 . The period for the submission of tenders in              6.      Once submitted a tender may not be withdrawn .
response to the first partial invitation :
                                                                                         Article 5
(a) shall begin on the day on which " the notice of
     standing invitation to tender is published in the         1 . Tenders shall be examined in private by the
     Official Journal of the European Communities,            competent agency concerned . Subject as provided in
     and                                                      paragraph 2, persons present at the examination shall
                                                              be under an obligation not to disclose any particulars
(b) shall expire on 18 March 1975 at 10 a.m . .               relating thereto .
2. Without prejudice to Article 1 , the period for the        2.      Tenders shall be communicated to the Commis­
submission of tenders in response to the second and           sion without delay and in a manner such that the
subsequent partial invitations to tender :                    names of the tenderers are not disclosed .
(a) shall begin on the first working day following the
                                                                                         Article 6
     day on which the preceding period expires, and
(b) shall expire on the Wednesday of the following             1.     After examining the tenders received and having
     week at 10 a.m .                                         regard in particular to the differences between sugar
                                                              prices in the Community and on the world market,
                                                              the Commission shall fix, in accordance with the
                          Article 4
                                                              procedure laid down in Article 40 of Regulation No
1 . Tenders, which must be in writing, shall either            1 009/ 67/ EEC, a maximum subsidy for the partial invi­
be delivered by hand against a receipt to the compe­          tation to tender in question .
tent agency of the Member State in which the sugar            Where the tenderer submits a tender in respect of a
referred to in Article 1 has been produced, or                tonnage of white sugar to be delivered to Italy the
addressed to that agency by registered letter, telex or       subsidy to be granted shall be equal to the maximum
telegram .                                                    amount fixed on the day in question pursuant to the
                                                              standing invitation to tender provided for in Regula­
2.     Every tender must indicate :                           tion ( EEC) No 558 /75.
(a) the invitation to which the tender relates ;
                                                              It may alternatively be decided to make no award .
(b) the name and address of the tenderer ;
                                                              2.      In order to achieve comparability between
(c) a tonnage of white sugar produced in excess of the
                                                              tenders, and for the purpose of the award of contracts
     maximum quota and to which the provisions of
     Article 16 ( 1 ) of Regulation No _ 1 009/67/ EEC do     by Member States, the amount proposed for the
                                                              subsidy as expressed in a national currency shall be
     not apply ;
                                                              converted into units of account by applying the rele­
(d) — either the amount of subsidy per 100 kilo­              vant conversion rate currently applicable for purposes
         grammes of white sugar, in the currency of the       of the common agricultural policy, weighted by the
         Member State of the agency to which the              coefficient as referred to in Article 4 (3) of Regulation
         tender is submitted ,                                ( EEC) No 1 463 /73 ( 1 ), as last amended by Regulation
     — or that the sugar is intended for sale in Italy.       ( EEC) No 538 /75 (2), applicable in the Member State
                                                              concerned on the day on which the maximum
3.     A tender shall not be valid unless it includes a       amount of the subsidy is fixed .
declaration by the tenderer that if his tender is
successful he will sell the tonnage of sugar concerned        ( ' ) OJ No L 146, 4. 6 . 1973 , p . 1 .
on the Community internal market .                            (-') OJ No L 57, 3 . 3 . 1975, p . 1 .
 ---pagebreak--- 13 . 3 . 75                               Official Journal of the European Communities                                No L 66/ 7
                           Article 7                                           or
Except where a decision is taken to make no award                          — where the white sugar is intended for Italy, to
under a partial invitation to tender, a contract shall be                      comply with the conditions set out in Article
awarded to every tenderer whose tender :                                       10 .
(a) in the case provided for in the first indent of
                                                                           In both cases the sugar thus sold shall not be
      Article 4 (2) (d), does not exceed the maximum                       subject to the charge referred to in Article 25 (3) of
      amount of the subsidy fixed pursuant to Article 6,                   Regulation No 1009/ 67/ EEC and Article 16 ( 1 ) of
      or
                                                                           that Regulation shall apply.
(b) indicated that the sugar is intended for sale in
      Italy.
                                                                                                Article 10
                           A rticle 8
                                                                    The conditions referred to in the second indent of
 1,. The competent agency of the Member State                        Article 9 (b) are as follows :
concerned shall immediately notify all applicants of
the result of their participation in the invitation to               (a) a successful tenderer must deliver the white sugar
tender. That agency shall also send forthwith to                           at a selling price not exceeding 35-56 units of
successful tenderers a statement of award .                                account per 100 kilogrammes, exclusive of pack­
                                                                           aging, free-at-Italian frontier or cif Italian ports ;
2.      Statements of award shall inter dlic'l indicate :
                                                                     (b) a successful tenderer must include in the contract
(a) the invitation to which the tender relates ;                           of sale a clause stipulating that the sugar must be
                                                                           retailed , in the unaltered state, in Italy.
(b) the tonnage of white sugar in respect of which the
      subsidy has been awarded ;•
(c) the subsidy to be granted per 100 kilogrammes of                                            Article 11
      white sugar ;
(d) where appropriate, that the sugar must be deliv­                 The subsidy in respect of the tonnage stated in the
      ered to Italy .                                                tender shall be paid forthwith to every successful
                                                                     tenderer by the Member State which issued the invita­
                                                                     tion to tender, in the currency of that Member State.
                           /1 rticle 9
 Every successful tenderer shall have :                              However, the payment of the subsidy shall in case of
                                                                     sugar delivered to Italy be subject to production of :
(a ) the right :
                                                                     (a) the control copy referred to in Article 1 of Regula­
      — to be paid the subsidy for the quantity of sugar                   tion (EEC) No 2315/69 (: ), such control copy to
           indicated in the tender ;
                                                                           contain the . following special entries :
      — to be issued , by the competent agency of the
           Member State in which the sugar referred to in                  — Sections 101 and 103 must be completed ;
           Article 1 has been produced , with an export                    — Section 104 must be completed by deleting as
           licence in respect of a tonnage of sugar corres­                    appropriate and adding one of the following
           ponding to that indicated in the statement of                       endorsements :
           award and for which the subsidy has been paid
           in accordance with Article 1 1 . Applications for                   ' intended for home use in Italy' ;
                                                                               ' destine  a. la  mise  a   la   consommation   en
           such licences must be lodged between 15
           October 1975 and 31        March      1976 and their                 Italie' ;
           period of validity shall be six months from                         ' zum Verbrauch in Italien bestimmt ;
                                                                               ' destinato ad essere immesso al consumo in
           their day of issue as defined in Article 9 ( 1 ) of
           Regulation ( EEC) No 193 / 75 (');                                   Italia' ;
                                                                               'bestemd voor het verbruik in Italië ;
      — to export from the Member State referred to in
                                                                               'bestemt til forbrug i Italien ;
           the second indent, without the provisions laid
           down in Article 16 ( 1 ) of Regulation No 1009/           (b) the contract as referred to in Article 10 .
           67/ EEC being applied , the tonnage of sugar
           referred to in that indent ;
                                                                                                Article 12
 (b) the obligation :
       — to sell on the internal market of the Commu­                 The monetary compensatory amounts in respect of
           nity the tonnage of white sugar indicated in               exportation to third countries shall not be applicable
           the tender ;                                               for purposes of this tendering system .
 (•') OJ No L 25 , 31 . I. 1975 , p. 10 .                             (-') OJ No L 295, 24. 11 . 1969 , p. 14 .
 ---pagebreak--- No L 66/8                            Official Journal of the European Communities                              13 . 3 . 75
                         Art iclt 13                                 ' for export without levies (Regulation ( EEC) No
                                                                     630/ 75)' ;
If the tonnage of sugar actually produced in excess of
the maximum quota and to which the provisions of                     'à exporter sans prelevement (Règlement (CEE) n°
Article 16 ( 1 ) of Regulation No 1009 / 67/ EEC do not              630/75)' ;
apply :                                                              'ohne Abschöpfungen auszuführen (Verordnung
— exceeds the tonnage of sugar in respect of which
                                                                     ( EWG) Nr. 630/75)' ;
     the subsidy has been granted , the tenderer shall be            'da esportare senza prelievi (regolamento (CEE) n .
     entitled to be paid a supplementary subsidy in                  630/75)' ;
     respect of the difference between the estimated                 'uit te voeren zonder heffingen (Verordening
     and actual amount of sugar produced by him to                   (EEG) nr. 630/75)' ;
     which Article 16 ( 1 ) of Regulation No 1009 /                  ' udføres uden afgifter (forordning ( EØF) tir.
     67/ EEC does not apply, provided that he lodges a               630/75)'.
     claim with the Member State concerned and that
     the obligation set out in the first indent of Article
                                                                                         A rticle . 1 5
     9 (b) has been fulfilled in respect of the excess to
     be subsidized ,
                                                                The provisions of Article 30 of Regulation (EEC) No
— is less than the tonnage of sugar in respect of               2637/70 shall apply mutatis nuttiindis to export
     which the subsidy has been granted, the Member             licences issued pursuant to Article 9 (a).
     State shall recover in respect of the deficient quan­
     tities the corresponding amount of - the subsidy
                                                                                          Art iclt 16
     plus daily interest at the rate of 9 % per annum .
The amount per 100 kg of sugar to be paid or recov­             The Member States shall take all measures to ensure
ered by the Member State concerned shall be that of             the necessary supervision of the implementation of
the subsidy as awarded or, where appropriate, the               this Regulation . The competent Italian authorities
weighted average of the amounts of all the subsidies            shall return the control copies referred to in Article 1 1
awarded to the successful tenderer concerned in the             (a) immediately after the customs formalities for
course of the standing invitation to tender.                    import into Italy have been completed .
                         Artic/t 14                                                       Artidt 17
An Article 30e as follows is inserted in Regulation             The standing invitation to tender provided for in
( EEC) No 2637/ 70 :                                            Regulation ( EEC) No 312/75 is hereby closed .
     '/1 rtidc 301
                                                                                          Artidt 18
     For the purposes of Article 9 (a) of Regulation
     (EEC) No 630 /75 , Section IX of the export licence        This Regulation shall enter into force on 1 3 March
    'shall contain one of the following endorsements :           1 975 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels , 12 March 1975 .
                                                                            /■'or the Commission
                                                                                P.J. LARDINOIS
                                                                         Mtmhtr of the Commission