CELEX: 31979R1574
Language: en
Date: 1979-07-26 00:00:00
Title: Commission Regulation (EEC) No 1574/79 of 25 July 1979 on a standing invitation to tender in order to determine export refunds for raw cane sugar produced in the French overseas departments

26. 7. 79                               Official Journal of the European Communities                          No L 188/45
                                   COMMISSION REGULATION (EEC) No 1574/79
                                                        of 25 July 1979
              on a standing invitation to tender in order to determine export refunds for raw
                              cane sugar produced in the French overseas departments
THE COMMISSION OF THE EUROPEAN                                    HAS ADOPTED THIS REGULATION :
COMMUNITIES,
                                                                                           Article 1
Having regard to the Treaty establishing the European
Economic Community,
                                                                  A standing invitation to tender shall be issued to
Having regard to Council Regulation (EEC) No                      determine export refunds for raw sugar obtained from
3330/74 of 19 December 1974 on the common organi­                 cane harvested in the Community. During the period
zation of the market in sugar (J), as last amended by             of validity of the standing invitation, partial invitations
                                                                  to tender shall be issued .
Regulation (EEC) No 1396/78 (2), and in particular
Articles 12 (2), 19 (4) and 34 thereof,
                                                                                           Article 2
Whereas there are at present surpluses of raw cane
sugar in the French departments of Reunion and                     1 . The standing invitation to tender and the partial
Guadeloupe and it is economically desirable for the                invitations shall be organized in accordance with Regu­
Community to export this sugar and, accordingly, to                lations (EEC) No 766/68 and (EEC) No 394/70 and
open an invitation to tender for the purpose ;                     the following provisions.
Whereas, in order to distinguish these surpluses from              2. The standing invitation to tender shall remain
other raw cane sugar which could, in principle, qualify            open until a date to be determined later.
for export refunds, it should be laid down that the
customs export formalities should be completed either                                      Article 3
in Reunion or in Guadeloupe ;
                                                                   1 . The period during which tenders may be
Whereas the general rules governing invitations to                 submitted in response to the first partial invitation to
tender for the purpose of determining export refunds               tender :
for sugar were laid down by Council Regulation (EEC)
No 766/68 of 18 June 1968 laying down general rules                (a) shall begin on the day on which notice of the
for granting export refunds on sugar (3), as last                      standing invitation to tender is published in the
amended by Regulation (EEC) No 1489/76 (4) ;                           Official Journal of the European Communities ;
whereas the relevant rules of application were laid
down in Commission Regulation (EEC) No 394/70 of                        and
2 March 1970 (5), as amended by Regulation (EEC) No                (b) shall end on 8 August 1979 at 10 a.m .
 1467/77 (');
                                                                   2. The periods during which tenders may be
Whereas, in view of the present state of the world                 submitted in response to each of the subsequent
market in sugar, it would be advisable to waive certain            partial invitations to tender :
rules or time limits laid down in Regulation (EEC) No
394/70 or in Commission Regulation (EEC) No                        (a) shall begin on the first working day following the
2990/76 of 9 December 1976 on special detailed rules                   end of the preceding period for the submission of
for the application of the system of import and export                 tenders in question ;
licences for sugar (7), as last amended by Regulation                  and
(EEC) No 1367/78 (8) ;
                                                                   (b) shall expire at 10 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 Manage­                  3 . By way of derogation from paragraph 2 (b), the
ment Committee for Sugar,                                          periods for submitting tenders which are to end :
(!) OJ No  L  359, 31 . 12. 1974, p. 1 .                           (a) on Wednesday, 15 August 1979, shall end on
(2) OJ No  L  170, 27. 6. 1978 , p. 1 .                                Tuesday, 14 August 1979 at 10 a.m.;
(») OJ No  L  143, 25. 6. 1968, p. 6.
(4) OJ No  L  167, 26. 6. 1976, p. 13.                             (b) on Wednesday, 21 November 1979 shall end on
(*) OJ No  L  50, 4. 3. 1970, p. 1 .                                   Tuesday, 20 November 1979 at 10 a.m.;
(6) OJ No  L  162, 1 . 7. 1977, p. 6.
(7) OJ No  L  341 , 10 . 12. 1976, p. 14.                          (c) on Wednesday, 2 January 1980 shall end on
(*) OJ No  L  166, 23. 6. 1978, p. 24.                                 Thursday, 3 January 1980 at 10 a.m.
 ---pagebreak--- No L 188/46                        Official Journal of the European Communities                               26. 7. 79
By way of derogation from paragraph 2, the partial                                      Article 8
invitation to tender scheduled for Wednesday, 26
December 1979 shall not be issued.                            For the purposes of this Regulation :
4. The time limits fixed in the preceding para­              — the period laid down in Article 7 (2) of Regulation
graphs shall be :                                                 (EEC) No 394/70 shall be replaced by a period of
(a) brought forward by one hour in Ireland and the                10 days,
    United Kingdom outside the periods of summer             — the possibility of cancellation laid down by Article
    time in those Member States ;
                                                                  5 (3) of Regulation (EEC) No 193/75 (J) shall not
(b) put back by one hour in the other Member States               apply,
    when they apply summer time.
                                                             — the tender must include, in addition to the details
                        Article 4                                 provided for in Article 3 (2) of Regulation (EEC)
                                                                  No 394/70, the amount of the tendering security
1 . A tender shall be valid only if :                             to be provided at the least for the quantity of sugar
— the quantity of raw sugar to be exported is not less            covered by the tender and must express that
     than 500 tonnes,                                             amount in the currency of the Member State
                                                                  where the tender is made .
— the amount of the refund proposed is stated per
     100 kilograms of raw sugar of standard quality,
— it includes a declaration by the tenderer that the                                    Article 9
     sugar to be exported referred to in the tender is a
     raw sugar obtained from cane harvested in the
     Community in respect of which the customs                1 . Article 9 of Regulation (EEC) No 2990/76 shall
     export formalities will be completed in the French       not apply to raw sugar to be exported in accordance
     overseas departments of Guadeloupe or Reunion.           with this Regulation.
2. By way of derogation from Article 3 (2) (c) of             2.     Export licences issued pursuant to a partial invita­
Regulation (EEC) No 394/70, the quantity to be                tion to tender shall be valid from the date of their
exported referred to in the tender shall be expressed         issue to the end of the fifth month following that in
by weight *tel quel'.                                         which the said tender was made .
                        Article 5
                                                              However, export licences issued pursuant to a partial
 By way of derogation from Article 4 ( 1 ) of Regulation      invitation to tender made after 30 April 1980 shall be
(EEC) No 394/70, the tendering security shall be              valid only until 30 September 1980 .
equal to 3 ECU per 100 kilograms of raw sugar to be
 exported.                                                    3 . By way of derogation from the first indent of
                                                              Article 8 ( 1 ) (d) of Regulation (EEC) No 2990/76, the
                         Article 6                            security relating to licences issued for exports
                                                              pursuant to this Regulation shall be 9 ECU per 100
Without prejudice to Article 5 of Regulation (EEC)            kilograms of raw sugar.
 No 394/70, tenders shall be notified immediately and
 anonymously to the Commission.
                                                                                       Article 10
                         Article 7
 Once the tenders have been examined, a maximum               This Regulation shall enter into force on 26 July
 quantity may be fixed by partial invitation to tender.       1979 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 25 July 1979.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                              Vice-President
                                                              (») OJ No L 25, 31 . 1 . 1975, p. 10 .