CELEX: 31980R0561
Language: en
Date: 1980-03-06 00:00:00
Title: Commission Regulation (EEC) No 561/80 of 5 March 1980 on a standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

No L 61 / 18                              Official Journal of the European Communities                               6 . 3 . 80
                                          COMMISSION REGULATION (EEC) No 561/80
                                                           of 5 March 1980
               on a standing invitation to tender in order to determine levies and/or refunds
                                                      on exports of white sugar
 THE COMMISSION OF THE EUROPEAN                                       special detailed rules for the application of the system
 COMMUNITIES,                                                         of import and export licences for sugar (8), as last
                                                                      amended by Regulation (EEC) No 1367/78 (9), from
                                                                      Commission Regulation (EEC) No 193/75 of 17
 Having regard to the Treaty establishing the European                January 1975 laying down common detailed rules for
  Economic Community,
                                                                      the application of the system of import and export
                                                                      licences and advance fixing certificates for agricultural
 Having regard to Council Regulation (EEC) No                         products ( 10), as last amended by Regulation (EEC) No
 3330/74 of 19 December 1974 on the common organi­                    2971 /79 (u), and from Commission Regulation (EEC)
 zation of the market in sugar ('), as last amended by                No 645/75 of 13 March 1975 laying down common
 Regulation (EEC) No 1396/78 (2), and in particular                   detailed rules for the application of the export levies
 Articles 12 (2), 17 (5), 19 (4) and 34 thereof,                      and charges on agricultural products ( u), as amended
                                                                      by Regulation (EEC) No 609/78 ( 13) ;
 Having regard to Council Regulation (EEC) No                         Whereas, therefore, the invitation to tender provided
 608 /72 of 23 March 1972 laying down rules to be                     for in Commission Regulation (EEC) No 1634/77 of
 applied in the case of considerable price rises on the                19 July 1977 on a standing invitation to tender in
 world sugar market (3), and in particular Article 1 ( 1 )            order to determine export refunds for white sugar ( H),
 thereof,                                                             as last amended by Regulation (EEC) No 1 573/79 ( 15),
                                                                      should be closed ;
 Whereas in view of the situation on the Community
 and world sugar markets, a standing invitation to                    Whereas the measures provided for in this Regulation
 tender should be issued for the exportation of white                 are in accordance with the opinion of the Manage­
 sugar which, having regard to possible fluctuations in               ment Committee for Sugar,
 world prices for sugar, must provide for the determina­
 tion of export levies and/or export refunds ;
                                                                      HAS ADOPTED THIS REGULATION :
 Whereas the general rules governing invitations to
 tender for the purpose of determining export refunds
 for sugar were laid down by Council Regulation (EEC)                                             Article 1
 No 766/68 of 18 June 1980 laying down general rules
 for granting export refunds on sugar (4), as last
 amended by Regulation (EEC) No 1489/76 (5) ;                         There shall be issued a standing invitation to tender
                                                                      in order to determine export levies and/or export
                                                                      refunds on white sugar, and during the period of
 Whereas in view of the specific nature of the transac­               validity of this standing invitation there shall be
 tions in question special detailed rules of application              issued partial invitations to tender.
 should be laid down in this Regulation, and those
 provided for in Commission Regulation (EEC) No
 394/70 of 2 March 1 970 on detailed rules for granting                                           Article 2
 export refunds on sugar (6), as amended by Regulation
 (EEC) No 1467/77 ( 7), should not be applied ; whereas,               1.     The standing invitation to tender and the partial
 for the same reasons, appropriate provisions should be               invitations shall be conducted in accordance with
 laid down with regard to export licences issued in                   Regulation (EEC) No 766/68 and with the following
 connection with the standing invitation to tender and                provisions. Regulation (EEC) No 394/70 shall not
 there should be a derogation from Commission Regu­                   apply.
 lation (EEC) No 2990/76 of 9 December 1976 on
                                                                      (8) OJ No L 341 , 10 . 12. 1976, p . 14.
(') OJ No L 359 , 31 . 12 . 1974, p. 1                                0 OJ No L 166, 23 . 6. 1978, p. 24 .
(2 ) OJ No L 170, 28 . 3 . 1978 , p. 1 .                              ( I0 ) OJ No L 25, 31 . 1 . 1975, p. 10 .
( 3 ) OJ No L 75, 28 . 3 . 1972, p. 5 .                               (") OJ No L 336, 29 . 12. 1979, p . 34.
(<)   OJ No L 143 , 25 . 6 . 1968 , p. 6 .                            ( !2 ) OJ No L 67, 14. 3 . 1975, p . 16.
(5 )  OJ No L 167, 26. 6 . 1976, p . 13,                              ( 13) OJ No L 83, 30 . 3 . 1978 , p. 19 .
(<>   OJ No L 50 , 4 . 3 . 1970 , p . 1 .                             ( I4) OJ No L 181 , 21 . 7 . 1977 , p . 35 .
( 7)  OJ No L 162, 1 . 7 . 1977, p. 6 .                                 '*) OJ No L 188 , 26 . 7 . 1979, p . 44 .
 ---pagebreak--- 6. 3 . 80                          Official Journal of the European Communities                           No L 61 / 19
2. The standing invitation to tender shall remain            Member State, against a receipt, or addressed to that
open until a date to be determined subsequently.             authority by registered letter, telex or telegram .
                                                             2.      The tender must indicate :
                        Article 3
                                                             (a)  the invitation to which the tender relates ;
1 . The Member States shall draw up a notice of invi­        (b)   the name and address of the tenderer ;
tation to tender which shall be published in the Offi­
cial Journal of the European Communities. Member             (c)  the quantity of white sugar to be exported ;
States may also publish the notice, or have it               (d)   the amount of the export levy or, where appli­
published, elsewhere .                                             cable, of the export refund, per 100 kilograms of
                                                                  white 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 amount of the tender security to be lodged
                                                                   covering the quantity of sugar indicated in (c),
3.     The notice shall be published only for the                  expressed in the currency of the Member State in
purpose of opening the standing invitation to tender.              which the tender is submitted .
It may be amended during the period of validity of
the standing invitation to tender. It shall be so             3.     A tender shall be valid only if :
amended if the terms of the invitation are modified.
                                                             (a) the quantity of white sugar to be exported is not
                                                                   less than 250 tonnes ;
                        Article 4
                                                              (b) proof is furnished, before expiry of the time limit
1 . The period during which tenders may be                         for the submission of tenders, that the tenderer
submitted in response to the first partial invitation to           has lodged the security for tender indicated in the
tender :                                                           offer ;
                                                              (c) it includes a declaration by the tenderer that if his
(a) shall begin on the day on which notice of the                  tender is successful he will within the period laid
     standing invitation to tender is published in the             down in Article 12 (b) apply for an export licence
     Official Journal of the European Communities ;                in respect of the quantity of white sugar to be
(b) shall end on 12 March 1980 at 10 a.m.                          exported ;
                                                              (d) it contains all the information referred to in para­
2. The periods during which tenders may be
                                                                   graph 2.
submitted in response to the second and subsequent
partial invitations :
                                                              4. A tender may stipulate that it is to be regarded
(a) shall begin on the first working day following the        as having been submitted only if :
     end of the preceding period ;
                                                              (a) the minimum export levy or, where applicable, the
(b) shall end at 10 a.m. on the Wednesday of the                   maximum export refund, is fixed on the day of
     following week.                                               expiry of the period for the submission of the
                                                                   tenders in question ;
3. By way of derogation from paragraph 2 (b), the
period for the submission of tenders which would              (b) the contract awarded relates to all or a specific part
otherwise end on Wednesday 30 April 1980 shall end                 of the quantity tendered for.
on Tuesday 29 April at 10 a.m .
                                                               5.    A tender which is not submitted in accordance
4.     The time limits laid down in the previous para­        with the provisions of this Regulation, or which
                                                              contains terms other than those indicated in the
graphs shall be :
                                                               notice of invitation to tender, shall not be taken into
(a) brought forward by one hour in Ireland and in the         consideration .
     United Kingdom during the period in which
     summer time does not apply in those Member                6.    Once submitted, a tender may not be withdrawn .
     States ;
                                                                                       Article 6
(b) extended by one hour in the other Member States
     during the period in which summer time applies
     in those Member States .                                  1 . The security for tender shall be 3 ECU per 100
                                                               kilograms of white sugar to be exported.
                        Article 5                              2. The tenderer may provide the security either in
                                                               cash or in the form of a guarantee furnished by an
 1 . Tenders, which must be in writing, shall either           establishment complying with criteria laid down by
 be delivered by hand to the competent authority of a          the Member State in which the tender is submitted .
 ---pagebreak---  No L 61 /20                       Official Journal of the European Communities                                6 . 3 . 80
3.     Except in cases of force majeure, the security for    — if a minimum levy is fixed, a contract shall be
 the tender shall be released only :                              awarded to the tenderer whose tender quotes the
(a) if a successful tenderer has within the period laid           highest levy. If the maximum quantity is not fully
                                                                  covered by that award, awards shall be made to
     down in Article 1 2 (b) applied for an export
     licence ;                                                    other tenderers jn descending order of levies
                                                                  quoted until the entire maximum quantity has
(b) in respect of any quantity for which no award has             been accounted for ;
     been made .                                             — if a maximum refund is fixed, contracts shall be
                                                                  awarded in accordance with the first indent ; if
The security shall be released forthwith .                        after such awards a quantity is still outstanding, or
                                                                  if there are no tenders quoting a levy, contracts
4.     In case of force majeure, the competent                    shall be awarded, in ascending order of refunds
authority of the Member State concerned shall take
                                                                  quoted until the entire maximum quantity has
such action as it considers necessary having regard to            been accounted for, to tenderers quoting a refund.
the circumstances invoked by the party concerned .
                                                             2. However, where an award to a particular tenderer
                        Article 7                            in accordance with the provisions of paragraph 1
                                                             would result in the maximum quantity being
 1 . Tenders shall be examined in private by the             exceeded, that award shall be limited to such quantity
competent authority concerned. Subject to paragraph          as is still available . Where two or more tenderers
2, persons present at the examination shall be under         quote the same levy or the same refund and awards to
an obligation not to disclose any particulars relating       all of them would result in the maximum quantity
thereto.                                                     being exceeded, then the quantity available shall be
                                                             awarded as follows :
2.     Tenders shall be communicated to the Commis­
sion forthwith and in such manner that the tenderers         — by being divided among the tenderers concerned
remain anonymous.                                                 in proportion to the total quantities in each of
                                                                  their tenders, or
                        Article 8                            — by being apportioned among the tenderers
                                                                  concerned by reference to a maximum tonnage to
1.     After the tenders received in respect of a partial         be fixed for each of them, or
invitation to tender have been examined, a maximum
                                                             — by the drawing of lots.
quantity may be fixed for that partial invitation .
2.     A decision may be taken to make no award
under a specific partial invitation to tender.                                        Article 11
                        Article 9                             1 . The competent authority of the Member State
                                                             concerned shall immediately notify applicants of the
1 . Account being taken of the current state and             result of their participation in the invitation to tender.
foreseeable development of the Community and world           In addition, that authority shall send successful
                                                             tenderers a statement of award .
sugar markets, there shall be fixed either :
— a minimum export levy, or                                  2.     The statement of award shall indicate :
— a maximum export refund.
                                                             (a) the invitation to which the tender relates ;
2. Subject to Article 10, where a minimum export
levy is fixed, a contract shall be awarded to every          (b) the quantity of white sugar to be exported ;
tenderer whose tender quotes a rate of levy equal to or      (c) the export levy to be charged, or where applicable
greater than such minimum levy.                                   the export refund to be granted, per 100 kilograms
                                                                  of white sugar of the quantity referred to in (b).
Subject to Article 10, where a maximum export refund
is fixed, a contract shall be awarded to every tenderer
whose tender quotes a rate of refund equal to or less                                Article 12
than such maximum refund and to every tenderer
who has tendered for an export levy.
                                                             Every successful tenderer shall have :
                        Article 10                           (a) the right to be issued, in respect of the quantity
                                                                  awarded, with an export licence indicating as
1 . Where a maximum quantity has been fixed for a                 appropriate the export levy or the export refund
partial invitation to tender :                                    quoted in the tender ;
 ---pagebreak--- 6 . 3 . 80                         Official Journal of the European Communities                          No L 61 / 21
(b) the obligation to apply, within 10 days following         However export licences issued in connection with a
     the day of expiry of the period for the submission      partial invitation to tender held after 30 April 1980
     of tenders, for an export licence for that quantity ;   shall be valid only until 30 September 1980 .
     Article 5 (3) of Regulation (EEC) No 193/75 and
     Article 10 of Regulation (EEC) No 645/75 shall           3.     By way of derogation from the first indent of
     not apply in such cases.                                Article 8 ( 1 ) (d) of Regulation ( EEC) No 2990/76 the
                                                              security for licences issued for the export of sugar
This right and this obligation shall not be transferable.    covered by this Regulation shall amount to 9 ECU per
                                                              100 kilograms of white sugar.
                        Article 13
                                                                                      Article 14
 1 . Article 9 of Regulation (EEC) No 2990/76 shall
not apply to white sugar to be exported in accordance        The standing invitation to tender provided for in
with this Regulation .                                        Regulation (EEC) No 1634/77 shall be closed with
                                                              effect from 6 March 1980 .
2. Export licences issued in connection with a
partial invitation to tender shall be valid from the day                              Article /5
of issue until the end of the fifth month following
that in which the award in respect of that partial invi­      The Regulation shall enter into force on 6 March
 tation to tender was made .                                  1980 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 5 March 1980 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                             Vice-President