CELEX: 31975R2101
Language: en
Date: 1975-08-11 00:00:00
Title: Regulation (EEC) No 2101/75 of the Commission of 11 August 1975 on a standing invitation to tender in order to determine a levy and/or refund on exports of white sugar

12 . 8 . 75                             Official Journal of the European - Communities                         No L 214/ 5
                             REGULATION ( EEC) No 2101 /75 OF THE COMMISSION
                                                      of 11 August 1975
                on a standing invitation to tender in order to determine a levy and/or refund on
                                                    exports of white sugar
THE COMMISSION OF THE EUROPEAN                                     HAS ADOPTED THIS REGULATION :
COMMUNITIES, •
Having regard to the Treaty establishing the European
Economic Community ;                                                                       Article 1
Having regard to Council Regulation (EEC) No
3330/74 (') of 19 December 1974 on the common                     Member States shall issue a standing invitation to
organization of the market in sugar, and in particular            tender to determine an export levy and/or export
Articles 12(2), 17(5), 19(4) and 34 thereof ;                      refund on white sugar, and, during the period of
                                                                  validity of the standing invitation, they shall issue
Having regard to Council Regulation (EEC) No                      weekly partial invitations to tender.
608/72 (2) of 23 March 1 972 laying down rules to be
applied in the case of considerable price rises on the
world sugar market, and in particular Article 1 ( 1 )                                      Article 2
thereof ;
Whereas, in view of the present state and foreseeable              1.     The standing invitation to tender and the partial
development of the Community and world sugar                       invitations shall be conducted      in accordance with
markets, a standing invitation to tender should be                 Regulation (EEC) No 766/68 and with the following
issued for the exportation of sugar ; whereas, having              provisions . Regulation (EEC) No 394/70 shall not
regard to the possible fluctuations in world prices for            apply.
sugar, the invitation to tender must provide for the
determination of an export levy and/or export refund ;
                                                                   2. The standing invitation to tender shall remain
Whereas the general rules governing invitations to                 open until a date to be determined subsequently.
tender for the purpose of determining export refunds
for sugar were laid down by Council Regulation (EEC)
No 766/68 (3) of 18 June 1968 laying down general                                          Article 3
rules for granting export refunds on • sugar, as last
amended by Regulation (EEC) No 1 102/75 (4) ;
                                                                   1 . The Member States shall draw up a notice of invi­
Whereas, in view of the specific nature of the transac­            tation to tender. Such notice shall be published in the
tions in question, special detailed " rules of application         Official Journal of the European Communities.
should be laid down in this Regulation and those                   Member States may also publish the notice, or have it
provided for in Commission Regulation (EEC) No                     published, elsewhere .
394/70 (5) of 2 March 1970 on detailed rules for
granting export refunds on sugar should not 1 be                   2.     The notice shall indicate in particular the terms
applied ; whereas, for the same reasons, appropriate               of the invitation to tender.
provisions should be laid down- with regard to export
licences in connection with the standing invitation to
                                                                   3 . The notice shall be published only for the
tender and there should be a derogation from
                                                                   purpose of opening the standing invitation to tender.
Commission Regulation (EEC) No 2637/70 (6) of 23
                                                                   It may be amended during the period of validity of
 December 1970 on special detailed rules for the appli­            the standing invitation to tender. It shall be so
cation of the system of import and export licences                 amended if the terms of the invitation are modified .
and advance fixing certificates for agricultural
 products, as last amended by Regulation (EEC) No
 1 807/75 (7) ;
                                                                                           Article 4
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­
 ment Committee for Sugar,                                         1 . The period during which tenders may be
                                                                   submitted in response to the first partial invitation to
                                                                   tender :
(') OJ No L 359, 31 . 12. 1974, p. 1 .
(-') OJ No L 75 , 28 . 3 . 1972, p. 5 .
(J) OJ No L 143, 25. 6 . 1968 , p. 6.                              (a) shall begin on the day on which notice of the
(■») OJ No L 1 10, 30 . 4. 1975, p. 1 .                                 standing invitation to tender is published in the
(5) OJ No L 50, 4. 3 . 1970, p. 1 .                                     Official Journal of the European Communities ;
(o) OJ No L 283, 29 . 12. 1970, p. 15.
(7) OJ No L 184, 15 . 7. 1975, p. 33 .                             (b) shall end on 27 August 1975 at 10.00 hours.
 ---pagebreak--- No L 214/6                          Official Journal of the European Communities                              12. 8 . 75
2. The periods during which tenders may be                    (a) the minimum export levy or, where applicable, the
submitted in response to the second and subsequent                 maximum export refund, is fixed on the day of
partial invitations :                                              expiry of the period for the submission of the
                                                                   tenders in question ;
(a) shall begin on the first working day following the
     end of the previous period ;                             (b) the contract awarded relates to all or a specific part
                                                                   of the quantity tendered for.
(b) shall end at 10.00 hours on the Wednesday of the
     following week.                                           5.    A tender which is not submitted in accordance
3 . By way of derogation from paragraph 2 (b), the            with the provisions of this Regulation , or which
                                                              contains terms other than those indicated in the
period or periods for the submission of tenders which         notice of invitation to tender, shall not be taken into
would otherwise end :
                                                              consideration .
(a) on Wednesday 19 November 1975, shall end on
     Tuesday 18 November 1975 at 10.00 hours ;                6.     Once submitted, a tender may not be withdrawn .
(b) on Wednesday 24 December 1975 and
     Wednesday 31 December 1975, shall end on                                         Article 6
     Wednesday 7 January 1976 at 10.00 hours.
                                                               1.    The security for tender shall be 1-00 unit of
4. During the period in which Summer Time                     account per 100 kilogrammes of white sugar to be
applies in Italy, the time limits laid down in the prev­      exported .
ious paragraphs shall be regarded as extended by one
hour in that Member State. During the periods in              2. The tenderer may provide the security either in
which Summer Time does not apply in the United                cash or in the form of a guarantee furnished by an
Kingdom and in Ireland, the above time limits shall           establishment complying with criteria laid down by
be regarded as brought forward by one hour in those           the Member State in which the tender is submitted .
Member States .
                                                              3 . Except in cases of force majeure, the security for
                         Article 5                            the tender shall be released only :
                                                              (a) if a successful tenderer has within the period laid
 1 . Tenders, which must be in writing, shall either               down in Article 1 2 (b) applied for an export
be delivered by hand to the competent authority^of a               licence,
Member State or addressed to that authority by regis­
                                                                   or
tered letter, telex or telegram .
                                                              (b) in respect of any quantity for which no award has
2.     The tender must indicate :                                  been made.
(a)  the invitation to which the tender relates ;
                                                              4.     In case of force majeure, the competent
(b)  the name and address of the tenderer ;                   authority of the Member State concerned shall take
(c)  the quantity of white sugar to be exported ;             such action as it considers necessary having regard to
(d)  the amount of the export levy or, where appli­           the circumstances invoked by the party concerned .
     cable, of the export refund, per 100 kilogrammes
     of white sugar, expressed in the currency of the                                 Article 7 s
     Member State where the tender is submitted .
                                                               1 . Tenders shall be examined in private by the
Additional information may be required .                      competent authority concerned . Subject to paragraph
3.     A tender shall be valid only if :                      2, persons present at the examination shall be under
                                                              an obligation not to disclose any particulars relating
(a) the quantity of white sugar to be exported is not         thereto .
     less than 250 metric tons ;
                                                              2.     Tenders shall be communicated to the Commis­
(b) proof is furnished, before expiry of the time limit
     for the submission of tenders, that the tenderer         sion without delay and in such manner that the
                                                              names of the tenderers are not disclosed .
     has lodged the security for tender required by
     Article 6 ;
(c) it includes a declaration by the tenderer that if his                             Article 8
     tender is successful he will within the period laid
     down in Article 12(b) apply for an export licence         1.    After the tenders received in respect of a partial
     in respcct of the quantity of white sugar to be          invitation to tender have been examined , a maximum
     exported .                                               quantity may be fixed for that partial invitation .
4. A tender may stipulate that it is to be regarded           2. A decision may be taken to make no award
as having been submitted only if :                            under a specific partial invitation to tender.
 ---pagebreak---  12. 8 . 75                         Official Journal of the European Communities                           No L 214/7
                         Article 9                            the result of their participation in the invitation to
                                                              tender. In addition , that authority shall send successful
 1.    Account being taken of the current state and           tenderers a statement of award .
foreseeable development of the Community sugar
market and of the world sugar market, there shall be          2.     The statement of award shall indicate :
fixed either :
                                                              (a) the invitation to which the tender relates ;
— a minimum export levy, or
                                                              (b) the quantity of white sugar to be exported ;
— a maximum export refund.
                                                              (c) the export levy to be charged, or where applicable
2. Subject as provided in Article 10, where a                      the export refund to be granted, per 100 kilo­
minimum export levy is fixed, a contract shall be                  grammes of white sugar of the quantity referred to
awarded to every tenderer whose tender indicates a                 in (b).
rate of levy equal to or greater than such minimum
levy.
                                                                                       Article 12
Subject as provided in Article 10, where a maximum
export refund is fixed, a contract shall be awarded to        Every successful tenderer shall have :
every tenderer whose tender indicates a rate of refund        (a) the right to be issued, in respect of the quantity
equal to or less than such maximum refund and to                   awarded, with an export licence indicating as
every tenderer who has tendered for an export levy.                appropriate the export levy or the export refund
                                                                   quoted in the tender ;
                         Article 10
                                                              (b) the obligation to apply, within 10 days following
1 . Where a maximum quantity has been fixed for a                  the day of expiry of the period for the submission
partial invitation to tender :                                     of tenders, for an export licence for that quantity ;
                                                                   Article 5(3) of Regulation (EEC) No 193/75 (')
— if a minimum levy is fixed, a contract shall be                  shall not apply in such cases.
     awarded to the tenderer whose tender quotes the
     highest levy. If the maximum quantity is not fully
     covered by that award, awards shall be made to                                    Article 13
     other tenderers in descending order of tender until
     the entire maximum quantity has been accounted            1 . Article 33a of Regulation (EEC) No 2637/70
     for ;                                                    shall not apply to white sugar to be exported in accor­
— if a maximum refund is fixed, contracts shall be
                                                              dance with this Regulation .
     awarded in accordance with the first indent ; if
                                                              2.     Export licences issued in connection with a
     after such awards a quantity is still outstanding, or    partial invitation to tender shall be valid from the day
     if there are no tenders quoting a levy, contracts        of issue until the end of the fifth month following
     shall be awarded, in ascending order of tender           that during which the award in respect of that partial
     until the entire maximum quantity has been               invitation to tender was made .
     accounted for, to tenderers quoting a refund.
                                                              However :
2.     However, where an award to a particular tenderer
in accordance with the provisions of paragraph 1              (a) export licences issued before 1 October 1975
would resulf in the maximum quantity being
exceeded , that award shall be limited to such quantity            — may be used only from that date ;
as is still available . Where two or more tenderers                — shall be valid only until 31 December 1975 ;
quote the same levy or the same refund and awards to
all of them would result in the maximum quantity              (b) export licences issued in connection with an
being exceeded, then the quantity available shall be               award made after 30 April 1976 shall be valid only
awarded as follows :                                               until 30 September 1976.
— by being divided among the tenderers concerned              3 . By way of derogation from the first indent of
     in proportion to the quantities tendered for by          Article 33(l)(c) of Regulation (EEC) No 2637/70 the
     them ; or                                                security for licences issued , for the export of sugar
— by being apportioned among the tenderers                    covered by this Regulation shall amount to 6-00 units
     concerned by reference to a maximum tonnage to           of account per 100 kilogrammes of sugar.
     be fixed for each of them ; or
— by the drawing of lots.                                                              Article 14
                         Article 11                           This Regulation shall enter into force on 12 August
                                                              1975 .
 1 . The competent authority of the Member State
concerned shall immediately notify all applicants of          (') OJ No L 25, 31 . 1 . 1975, p. 10 .
 ---pagebreak--- No L 214/8                     Official Journal of the European Communities                       12. 8 . 75
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 11 August 1975 .
                                                                  Fo r the Commission
                                                                    P. J. LARDINOIS
                                                              Member of the Commission