CELEX: 31975R0314
Language: en
Date: 1975-02-07 00:00:00
Title: Regulation (EEC) No 314/75 of the Commission of 7 February 1975 on a standing invitation to tender to determine subsidies on the importation of white and raw sugar without authorization to export subsequently free of levy a corresponding quantity

8 . 2 . 75                                 Official Journal of the European Communities                           No L 35/ 11
                                REGULATION (EEC) No 314/75 OF THE COMMISSION
                                                          of 7 February 1975
                on a standing invitation to tender to determine subsidies on the importation of
                white and raw sugar without authorization to export subsequently free of levy a
                                                        corresponding quantity
THE COMMISSION OF THE EUROPEAN                                        subsequently free of levy a quantity equivalent to that
COMMUNITIES,                                                          imported ; whereas in the light of experience it
                                                                      appears desirable to conduct such an invitation to
                                                                      tender concurrently with that provided for in Commis­
Having regard to the Treaty establishing the European
                                                                      sion Regulation (EEC) No 3062/74 (8) on a standing
Economic Community ;
                                                                      invitation to tender to determine subsidies for imports
                                                                      of white and raw sugar, as last amended by Regulation
Having regard to Council Regulation No 1009/                          (EEC) No 3 1 3/75 (9) ; whereas, moreover, Article 4 of
67/EEC (*) of 18 December 1967 on the common                          Regulation (EEC) No 191 /75 provides that imports
organization of the market in sugar, as last amended                  qualifying for a subsidy may be wholly or partly
by Regulation (EEC) No 2476/74 (2), and in particular                 limited to the deficit regions of the Community ;
Articles 1 1 (2), 1 6 (5) and 38 thereof ;                            whereas it is therefore necessary, having regard to the
                                                                      provisional figures for the supply of sugar in the
                                                                      Community and its various regions, to limit imports
Having regard to Council Regulation (EEC) No                          under the standing invitation to tender to the deficit
608/72 (3) of 23 March 1972 laying down rules to be                   regions of the Community ;
applied in cases of considerable price rises on the
world sugar market, and in particular Article 3
thereof ;                                                             Whereas certain measures should be provided to
                                                                      ensure that the invitation to tender will operate as
                                                                      effectively as possible, and to derogate from or amend
Having regard to Council Regulation (EEC) No                          Commission Regulation (EEC) No 2637/70 ( 10) of 23
 191 /75 (4) of 21 January 1975 concerning an addi­                   December 1970 on special detailed rules for the appli­
tional quantity in respect of the subsidized ' importa­               cation of the system of import and export licences
tion of sugar and amending Regulation (EEC) No                        and advance fixing certificates for agricultural
2931 /74, and in particular Article 4(2) thereof ;                    products, as last amended by Regulation (EEC) No
                                                                      38 /75 ( u ) ;
Having regard to Council Regulation (EEC) No
974/71 (5) 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 measures provided for in this Regulation
States, as last amended by Regulation (EEC) No                        are in accordance with the Opinion of the Manage­
3259/74 (6), and in particular Article 6 thereof ;                    ment Committee for Sugar,
Whereas Council Regulation (EEC) No 2931 /74 (7) of
 18 November 1974 on the introduction of a subsidy
on imports of white and raw sugar, as amended by                      HAS ADOPTED THIS REGULATION :
Regulation (EEC) No 191 /75, makes provision for the
grant of a subsidy on sugar imports and prescribes the
procedure for such imports ; whereas that procedure                                             Article 1
consists in an invitation to tender ;
                                                                       1.    Germany, Italy, the Netherlands and the United
Whereas Regulation (EEC) No 2931 /74 provides that                    Kingdom shall open a standing invitation to tender in
tenders may be invited in respect of the import                       respect of a subsidy on the importation from third
subsidy without any automatic entitlement to export                   countries of white and raw sugar, and during the
                                                                      period of validity of such standing invitation to tender
(')  OJ  No  308 , 18 . 12. 1967, p. 1 .                              they shall issue partial invitations to tender.
(2)  OJ  No  L 264, 1 . 10 . 1974, p. . 70 .
(3)  OJ  No  L 75, 28 . 3 . 1972, p. 5 .
(4)  OJ  No  L 20, 2.5 . 1 . 1975, p. 39 .                            (8) OJ No L 324, 4. 12. 1974, p. 7.
(5)  OJ  No  L 106, 12. 5 . 1971 , p. 1 .                             (9) See page 8 of this Official Journal .
(b)  OJ  No  L 349 , 28 . 12. 1974, p. 10 .                           ( ,0) OJ No L 283 , 29 . 12. 1970, p. 15 .
( 7) OJ  No  L 311 , 22. 11 . 1974, p. 8 .                              11 OJ No L 5, 9 . 1 . 1975, p. 8 ,
 ---pagebreak--- No L 35/ 12                         Official Journal of the European Communities                                8 . 2. 75
2. An import subsidy may be granted only in                   3 . Notwithstanding paragraph 2 (b), the time limits
respect of sugar intended for free circulation and ulti­      for the submission of tenders which would normally
mate consumption in one of the Member States                  expire on Wednesday 19 March and Wednesday 30
referred to in Article 1 and put up for tender in that        April 1975 shall expire at 10 a.m . on Tuesday 18
State .                                                       March and Tuesday 29 April 1975 respectively.
'Ultimate consumption' means utilization by the
processing industry or retail sale.                           4. During the period of Summer Time in Italy, the
                                                              time limits laid down in the preceding paragraphs
3 . If on the occasion of any partial invitation to           shall be extended by one hour in that Member State.
tender it appears from the supply figures concerning a        Outside the periods of Summer Time in Ireland and
Member State not mentioned in paragraph 1 that,               in the United Kingdom, the time limits laid down in
having regard to its production , imports and exports,        the preceding paragraphs shall be brought forward by
its supply cannot be considered ensured, that Member          one hour in those Member States .
State shall be added to paragraph 1 ; conversely, any
Member State in the reverse situation shall be deleted .
                                                                                       Article 5
                         Article 2
                                                               1 . Tenders, which must be in writing, shall either
The standing invitation to tender and the partial invi­       be delivered by hand against a receipt to the compe­
tations to tender shall be conducted in accordance            tent agency of the Member State in which the
with the provisions of Regulations (EEC) No 2931 /74          imported sugar is to be put into free circulation, or
and (EEC) No 191 /75 and with the following provi­            addressed to that agency by registered letter, telex or
sions.                                                        telegram .
                                                              2.     Every tender must indicate :
                         Article 3
                                                              (a) the invitation to which the tender relates ;
 1 . The Member States concerned shall draw up a
notice of the standing invitation to tender. .This notice     (b) the name and address of the tenderer ;
shall be published in the Official Journal of the Euro­       (c) the quantity of white or raw sugar as the case may
pean Communities. The Member States concerned
                                                                   be to be imported. In the case of raw sugar, the
may also publish the notice of the invitation to
                                                                   quantity to be imported must also be expressed in
tender, or have it published, elsewhere.                           white value by reference to a yield calculated by
2.      The notice of the invitation to tender shall indi­         doubling the degree of polarization of the raw
cate in particular the terms of the invitation .                   sugar and subtracting 1 00 ;
3 . The notice of standing invitation to tender shall         (d) the amount of import subsidy proposed per 100
be published only for the purpose of opening that invi­            kilogrammes of sugar expressed in white value, in
tation . The notice as published may be amended                    the currency of the Member State of the agency to
                                                                   which the tender is submitted ;
during the period of validity of the standing invitation
to tender. It shall be so amended if the terms of the
                                                              (e) the Member State in whose territory the imported
invitation to tender are amended during that period.               sugar is to be put into free circulation and ulti­
                                                                   mately consumed.
                         Article 4
                                                               3.    A tender shall be valid only if :
 1 . The period for the submission of tenders in
response to the first partial invitation :                    (a) the total quantity of sugar to be imported is not
                                                                   less than 500 metric tons ;
(a) shall begin on the day on which the notice of the
     standing invitation to tender is published in the        (b) proof is furnished before expiry of the time limit
     Official Journal of the European Communities,                 for the submission of tenders that the tenderer has
     and                                                           lodged the security for tender required by Article
                                                                   6;
(b) shall expire on 12 February 1975 at 10 a.m .
                                                              (c) it includes a declaration by the tenderer that if his
2. The period during which tenders may be                          tender is successful he will apply for an import
submitted in response to the second and to the                     licence in respect of the quantity of product to be
subsequent partial invitations :                                   imported .
(a) shall begin on the first working day following the
     day on which the preceding period expires, and           4. A tender may stipulate that it is to be regarded
                                                              as having been submitted only if the contract awarded
(b) shall expire on the Wednesday of the following             relates to the entire quantity indicated in the tender or
     week at 10 a.m .                                          to a specified part thereof.
 ---pagebreak---  8 . 2 . 75                           Official Journal of the European Communities                              No L 35/ 13
 5.      A tender which is not submitted in accordance                                    Article 8
with the provisions in this Article, or which contains
terms other than those indicated in the notice of invi­          1 . After examining the tenders received and having
tation to tender, shall not be taken into consideration.         regard in particular to the Community's position in
                                                                 respect of sugar supplies and to the levels of sugar
 6.      Once submitted a tender may not be withdrawn .          prices in the Community and on the world market,
                                                                the Commission shall fix, in accordance with the
                          Article 6                              procedure laid down in Article 40 of Regulation No
                                                                 1009/67/ EEC, a maximum subsidy for the partial invi­
 1 . The security required for the invitation to tender          tation to tender in question . It may alternatively
shall be 25 units of account per 100 kilogrammes of             decide to make no award.
white sugar or of raw sugar expressed in white value.
                                                                 2.    After examination of the tenders a maximum
2. The amount to be used in calculating that part               quantity for the partial invitation to tender may be
of the security which is to be forfeit shall be three            fixed in accordance with the procedure laid down in
units of account plus, where the maximum amount of               paragraph 1 .
the subsidy fixed in connection with the partial invita­
tion for which the tender was accepted is less than the          3.    In order to achieve comparability between
maximum amount of the subsidy fixed for the last                 tenders, and for the purpose of the award of contracts
partial invitation prior to the date on which the               by Member States, the amount proposed for the
validity of the licence expires, the difference between         subsidy expressed in a national currency shall be
those two maximum amounts .                                     converted into units of account by applying the rele­
                                                                vant conversion rate currently applicable for purposes
3. The tenderer may lodge the security either in                of the common agricultural policy, weighted by the
cash or in the form of a guarantee by an establish­             coefficient as referred to in Article 4 (3) of Regulation
ment complying with criteria laid down by the                   (EEC) No 1463/73 (3) as last amended by Regulation
Member State in which the tender is submitted .                 ( EEC) No 2521 /74 (4) applicable in the Member State
                                                                 in which the sugar is to be put into free circulation on
4.       Except in cases of force majeure, the security          the day on which the maximum amount of the
required for the invitation to tender shall be released         subsidy is fixed.
only in respect of that quantity :
(a) for which the tenderer :                                     In addition , prior to such conversion the amount of
                                                                 the subsidy indicated in the tender shall be adjusted.
      — has not withdrawn his tender, and                       To calculate the adjustment required, the maximum
      — has completed customs import formalities                selling price referred in Article 12(1 ) (a), minus the
          under the import licence issued following the          intervention price, shall be converted into the national
          award of a contract, the provisions of Article        currency :
           16 of Regulation (EEC) No 1373/70 (') as last        (a) using the conversion rate currently applicable for
          amended by Regulation (EEC) No 211 1 /74 (2)               purposes of the common agricultural policy in
          to apply mutatis mutandis ;                                respect of the currency of the Member State
(b) in respect of which no award has been made.                      concerned , and
The security shall be released without delay.                   (b) using the rate referred to in (a) weighted by the
                                                                     coefficient as referred to vin Article 4 (3) of Regula­
5. In case of force majeure,                the competent            tion (EEC) No 1463/73 applicable on the day on
authority of the Member State             concerned shall            which the maximum amount of the subsidy is
                                                                     fixed .
determine the measures necessary           in view of the
circumstances invoked by the party        concerned.
                                                                The amount of the adjustment shall be equal to the
                                                                difference between the result obtained by method (a)
                          Article 7                             and that obtained by method (b).
 1 . Tenders shall be examined in private by the
competent agency concerned. Subject as provided in                                        Article 9
paragraph 2, persons present at the examination shall
be under an obligation not to disclose any particulars           1.    Except where a decision is taken to make no
relating thereto.                                               award under a partial invitation to tender, and without
                                                                 prejudice to the provisions of paragraphs 2 and 3 , a
2.      Tenders shall be communicated to the Commis­            contract shall be awarded to every tenderer whose
sion without delay and in a manner which respects               tender does not exceed the maximum amount of the
the anonymity of the participants.                              subsidy.
(') OJ No L 158, 20. 7. 1970, p. 1 .                            (3) OJ No L 146, 4. 6. 1973, p. 1 .
(2) OJ No L 220, 10 . 8 . 1974, p. 5.                           (4) OJ No L 270, 5 . 10 . 1974, p. 70 .
 ---pagebreak--- No L 35 / 14                         Official Journal of the European Communities                                 8 . 2 . 75
2. Where a maximum tonnage has been fixed for a                2. The licence referred to in paragraph 1 (a) shall
partial invitation to tender, a contract shall be awarded      be issued by the competent agency of the Member
to the tenderer whose tender quotes the lowest                 State in which the statement of award was issued .
subsidy . If the maximum tonnage is not fully covered          Applications for licences must be submitted within 10
by that award , awards shall be made to other tenderers        days following the day on which the time limit for the
in ascending order of tender until the entire                  submission of tenders expires.
maximum tonnage has been accounted for.
                                                               3.      By way of derogation from Article 32 ( 1 ) of Regu­
3.     However, where an award to a particular tenderer        lation ( EEC) No 2637/70 , import licences issued in
under the provisions of paragraph 2 would result in            connection with the present invitation to tender shall
the maximum tonnage being exceeded , that award                be valid from the date of issue within the meaning of
shall be limited to such tonnage as Is still available .       Article 8 ( 1 ) of Regulation (EEC) No 1373/70 until the
Where two or more tenderers quote the same subsidy             end of the second month following that date .
and    awards   to  ail  of  them    would   result in the
                                                                                                                  \
maximum tonnage being exceeded , the tonnage avail­            4 . At the request of the tenderer a licence issued in
able shall be divided among them in proportion to              respect of white sugar under paragraph 1 (a) may be
the quantities tendered for .                                   replaced before the . completion of customs import
                                                                formalities by a licence in respect of raw sugar, and
                                                               vice versa . Such new licence may be issued only by
                         Article 10                            the agency which issued the original licence and only
                                                               upon presentation of the statement of award provided
 1 . The competent agency of the Member State                   for in Article 10 . The new licence shall contain the
concerned shall immediately notify all applicants of           same information as that shown in the original
the result of their participation in the invitation to          licence except in respect of the nature and quantity of
tender. That agency shall also send successful                  the product to be imported .
tenderers without delay a statement of award .
                                                                Where the new licence relates to :
2.     Statements of award shall inter alia indicate :
                                                               — white sugar, the quantity to be indicated in the
(a) the invitation to which the tender relates ;                     licence shall be the quantity of raw sugar
                                                                     expressed in white value as indicated in the state­
(b) the tonnage in respect of which the subsidy has                  ment of award ,
     been awarded, expressed in white value , and in the
     case of raw sugar expressed also in tel quel value ;      — raw sugar, the quantity to be indicated in the
                                                                     licence shall be expressed in white value and shall
(c) the subsidy to be granted per 100 kilogrammes of                 be equal to the quantity of white sugar as indi­
     sugar, expressed in white value ;                               cated in the original licence .
(d) the Member State in whose territory the imported
     sugar is to be put into free circulation and ulti­
     rnatelv consumed .                                                                  Article 12
                                                                 1.    The obligations referred to in the second indent
                          Article 11                            of Article 11 ( 1 ) (b) shall be the following :
 1.    Every successful tenderer shall have :                   (a ) where a successful tenderer sells the imported
                                                                     white sugar, the price in the contract of sale shall
(a) the right to the issue , in respect of the quantity of           not exceed 35-81 units of account per 100 kilo­
     product to be imported , of an import licence indi­             grammes of product, exclusive of packaging, deliv­
     cating the subsidy specified in the tender ;                    ered cif in the Member State in which the sugar is
                                                                     to be put into free circulation ;
(b) the duty :
     — to import that quantity into the Member State            (b) where the successful tenderer is himself to process
         in which it is to be put into free circulation as           tiie imported white sugar, he may give an under­
         indicated in the statement of award ,                       taking that such sugar will be processed in his
                                                                     own works . Failing such undertaking, subpara­
     — when the sugar is sold for consumption in the                 graph (a) shall apply ;
         Member State in which it is to be put into free
         circulation , to comply with the obligations           (c) where the successful tenderer sells imported raw
         specified in Article 12 .                                   sugar to a refinery or to a sugar producer for
                                                                     refining, the price in the contract of sale shall not
 The rights and obligations arising from the invitation              exceed 30-96 units of account per 100 kilo­
 to tender shall not be transferable .                               grammes of standard quality raw sugar, exclusive
 ---pagebreak--- 8 . 2. 75                            Official Journal of the European Communities                             No L 35/ 15
     of packaging, delivered cif in the Member State in        (b) of the contract or of the undertaking referred to in
     which the refined sugar is to be put into free circu­          Article 12 .
     lation . The contract shall also contain a clause
     whereby the refiner or the producer who                   For the purposes of payment of the subsidy in respect
     purchases the sugar for refining undertakes to sell       of raw sugar the imported quantity of such sugar shall
     the refined sugar at a price not exceeding 35-81          be expressed in white value by reference to the effec­
     units of account per 100 kilogrammes of product,          tive yield .
     exclusive of packaging, ex-refinery or ex-factory,
     no account being taken of any transport costs             2. A successful tenderer shall not become finally
     between the frontier of the Member State in which         entitled to the subsidy until he has fulfilled the rele­
     the sugar is to be put into free circulation and the      vant obligations.
     place of refining ;
                                                                                        Artidc 14
(d) where the successful tenderer is a refiner or a
     producer refining the imported sugar he shall give        By way of derogation from Article 33 ( 1 ) (a) of Regula­
     an undertaking to sell the refined sugar at a price       tion (EEC) No 2637/70 , the security required for
     not exceeding 35-81 units of account per 100 kilo­        purposes of the import licence shall be zero units of
     grammes of product, exclusive of packaging, ex­           account per 100 kilogrammes net.
     refinery or ex-factory, no account being taken of
     any transport costs between the frontier of the
     Member State in which the sugar is to be put into                                  A rticle 1 5
     free circulation and the place of refining.
                                                               An Article 30b as follows is inserted in Regulation
                                                               ( EEC) No 2637/70 :
In addition, in the cases referred to in (a ) and (c)
above , the tenderer shall include in his contract of                Article 30b
sale a clause stipulating that the imported sugar must
be ultimately consumed in the Member State in                       For the purposes of Article 11 ( 1 ) (a) of Regulation
which it is put into free circulation .                             (EEC) No 314/75, Section 20 of the import licence
                                                                    shall specify, by means of one of the following
                                                                    endorsements, the rate of import subsidy,
2.     In addition , in the cases referred to in paragraph          expressed in the currency of the Member State
 1 (c) and (d), where a refiner or producer intends to              issuing the licence :
sell the refined sugar at a price whiçh is to vary
according to the origin and price of the imported raw               "subvention a 1 importation applicable ... par 100
sugar concerned he shall give an undertaking that                   kg"
when calculating such selling price he will not exceed              " Einfuhrsubvention ... je 100 kg
the maximum price referred to in paragraph 1 (d) in
respect of that part of the refined white sugar corres­             " import subsidy applicable : ... per 100 kg"
ponding to the raw sugar imported under the invita­
tion to tender.                                                     "sovvenzione all importazione applicabile . . . per
                                                                    100 kg"
                                                                    " invoersubsidie ... per 100 kg              ,
                          Article 13                                "tilskud til indforsel ... pr 100 kg".
                                                                                        Article 16
 1 . The subsidy in respect of the quantity put into
free circulation shall be paid without delay to the            Member States concerned shall take all measures to
tenderer by the Member State which issued the invita­
                                                               ensure the necessary supervision of the implementa­
tion to tender, in the currency of that Member State,
                                                               tion of this Regulation and the recovery of all or part
upon production :
                                                               of the subsidy if the obligations entered into by
                                                               tenderers are not complied with . The sums to be so
(a) of proof that the obligation specified in the first        recovered shall be determined by reference to the
     indent of Article 11 ( 1 ) (b) has been complied          amount by which the maximum prices specified in
     with . Such proof shall be furnished by production        Article 12 are exceeded .
     of copy No 1 of the import licence and of copy
     No 1 of any extract or extracts from licences
     bearing attributions in accordance with Article 8                                  Article 17
     of Regulation (EEC) No 1373 / 70 entered by the
     Member State in which the product is to be put            This Regulation shall enter into force on 8 February
     into free circulation as indicated in the tender ;         1 975 .
 ---pagebreak--- No L 35/ 16                    Official Journal of the European Communities                        8 . 2 . 75
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 7 February 1975.
                                                                   For the Commission
                                                                     P. J. LARDINOIS
                                                               Member of the Commission