CELEX: 31975R0363
Language: en
Date: 1975-02-13 00:00:00
Title: Regulation (EEC) No 363/75 of the Commission of 13 February 1975 amending Regulations (EEC) No 3062/74 and (EEC) No 314/75 concerning certain standing invitations to tender for the importation of sugar

No L 40/46                                 Official Journal of the European Communities                                      14. 2. 75
                               REGULATION ( EEC) No 363/75 OF THE COMMISSION
                                                        of 13 February 1975
               amending Regulations ( EEC) No 3062/74 and (EEC) No 314/75 concerning
                         certain standing invitations to tender for the importation of sugar
THE COMMISSION OF THE EUROPEAN                                       HAS ADOPTED THIS REGULATION :
COMMUNITIES,
                                                                                                  Article 1
Having regard to the Treaty establishing the European
Economic Community ;
                                                                     The following is added at the beginning of Article
                                                                     5 (3) (b) of Regulations (EEC) No 3062/74 and ( EEC)
                                                                      No 314/ 75 :
Having regard to Council Regulation No 1009/
67/ EEC ( 1 ) of 18 December 1967 on the common                           ' . . . subject as provided in the third subparagraph
organization of the market in sugar, as last amended                      of paragraph 4 thereof.'
by Regulation (EEC) No 2476/74 (2), and in particular
Articles 1 1 (2), 1 6 (5) and 38 thereof ;
                                                                                                   Article 2
Having regard to Council Regulation (EEC) No
608 /72 (3) of 23 March 1972 laying down rules to be                  Article 7 (2) of Regulations (EEC) No 3062/74 and
applied in cases of considerable price rises on the                   (EEC) No 314/75 is amended to read as follows :
world sugar market, and in particular Article 3
thereof ;                                                                 '2.        Tenders, and any cancellations of tenders in
                                                                           the case of dual tenders, shall be notified to the
                                                                           Commission without delay and in a manner which
Whereas Commission Regulation (EEC) No                                     respects the anonymity of the tenderers.'
3062/74 (4 ) of 3 December 1974 on a standing invita­
tion to tender to determine subsidies for imports of
white and raw sugar, as last amended by Regulation                                                 Article 3
(EEC) No 313/75 (5 ), opened a standing invitation to
tender ; whereas at the same time Commission Regula­
tion (EEC) No 314/75 (6) on a standing invitation to                  Article 5 (4) of Regulations (EEC) No 3062/74 and
tender to determine subsidies on the importation of                   (EEC) No 314/75 is amended to read as follows :
white and raw sugar without authorization to export
subsequently free of levy a corresponding quantity                         '4. A tender may stipulate that it is to be
opened a second standing invitation to tender ;                            regarded as having been submitted only if :
                                                                           (a) the maximum amount of the subsidy provided
                                                                                  for in Article 8 ( 1 ) is fixed on the day on which
Whereas, to secure as many tenders as possible under                              the time limit for the submission of tenders
the two tendering arrangements it is appropriate to                               expires ;
allow, under certain conditions, a single applicant to
tender on the same date under both arrangements in                         (b) the contract awarded relates to the entire quan­
respect of the same quantity of sugar ; whereas, for                              tity indicated in the tender or to a specified
this purpose in particular, it is necessary to amend                              part thereof.
certain of the provisions now in force ;
                                                                           Moreover, a tenderer may submit tenders in
                                                                           respect of one and the same quantity of sugar in
Whereas the measures provided for in this Regulation                       response to a partial invitation to tender
are in accordance with the Opinion of the Manage­                          conducted under Regulation ( EEC) No 3062/74
ment Committee for Sugar,                                                  and in response to a partial invitation to tender of
                                                                           the same date conducted under Regulation (EEC)
(>)  OJ No   308 , 18 . 12 . 1967, p. 1 .                                   No 314/ 75 . The two tenders concerned shall be
(2 ) OJ No   L 264, 1 . 10 . 1974, p. 70 .                                  submitted to the competent agency of a single
(3 ) OJ No   L 75 , 28 . 3 . 1972, p. 5 .                                   Member State and shall be marked " Dual tender".
(4)  OJ No   L 324, 4. 12 . 1974, p. 7 .
(5 ) OJ No   L 35, 8 . 2. 1975, p. 8 .                                      In respect of tenders marked " Dual tender" the
(o)  OJ No   L 35 , 8 . 2 . 1975, p. 1 1 .                                  tenderer shall have :
 ---pagebreak--- 14 . 2 . 75                         Official Journal of the European Communities                            No L 40/47
     — the right to lodge in respect of the quantity of       'Subvention à 1 importation applicable ... par 100 kg
         sugar concerned one only of the securities for       (règlement (CEE) n° 314/75)';
         tender required in respect of the two partial        ' Einfuhrsubvention ... je 100 kg (Verordnung (EWG)
         invitations to tender, and ,                         Nr. 314/75)' ;
     — the obligation , if both his tenders are               ' Import subsidy applicable : . . . per 100 kg (Regulation
         successful, to cancel one of them by notifying       (EEC) No 314/75)';
         in writing the competent agency in the               'Sovvenzione all importazione applicabile ... / 100 kg
         Member States concerned within two working           (regolamento (CEE) n . 314/75) ;
         days following the expiry of the time limit for      ' Invoersubsidie ... 100 kg (Verordening (EEG) nr.
         the submission of tenders .'                         314/75) ;
                                                              'Tilskud til indførsel ... pr. 100 kg (forordning ( EØF)
                         Article 4                            nr. 314/75)'.
The texts of the endorsements as specified in Article
30 of Regulation (EEC) No 2637/70 (') to be entered                                   Article 5
for purposes of Regulation (EEC) No 314/75 in
certain import licences are amended to read , as              This Regulation shall enter into force on 14 February
follows :                                                      1 975 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 13 February 1975.
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                       Member of the Commission
(') OJ No L 283, 29, 12. 1970, p. 15.