CELEX: 31981R1077
Language: en
Date: 1981-04-24 00:00:00
Title: Commission Regulation (EEC) No 1077/81 of 22 April 1981 on a standing invitation to tender for levies and/or refunds on export of white sugar to Poland

No L 112/ 10                          Official Journal of the European Communities                            24 . 4 . 81
                                 COMMISSION REGULATION (EEC) No 1077/81
                                                     of 22 April 1981
               on a standing invitation to tender for levies and/or refunds on export of white
                                                     sugar to Poland
THE COMMISSION OF THE EUROPEAN                                  rules should also be applied in respect of an export
COMMUNITIES,                                                    levy ;
Having regard to the Treaty establishing the European           Whereas, in view of the specific nature of the transac­
Economic Community,                                             tions in question, special detailed rules of application
                                                                should be laid down in this Regulation, and those
                                                                provided for in Commission Regulation (EEC) No
Having regard to Council Regulation (EEC) No                    394/70 of 2 March 1970 on detailed rules for granting
3330/74 of 19 December 1974 on the common
                                                                 export refunds on sugar (6), as amended by Regulation
organization of the market in sugar ('), as last amended        (EEC) No 1467/77 Q, should not be applied ; whereas,
by Regulation (EEC) No 3455/80 (2), and in particular            for the same reason, appropriate provisions should be
Articles 12 (2), 17 (5), 19 (4) and 34 thereof,                  laid down concerning export licences issued in
                                                                 connection with the invitation to tender and to dero­
Having regard to Council Regulation (EEC) No 608/72             gate from Commission Regulation (EEC) No 2990/76
of 23 March 1972 laying down rules to be applied in             of 9 December 1976 on special detailed rules for the
the case of considerable price rises on the world sugar          application of the system of import and export
market (3), and in particular Article 1 ( 1 ) thereof,           licences for sugar (8), as last amended by Regulation
                                                                 (EEC) No 342/81 (9), from Commission Regulation
                                                                 (EEC) No 3183/80 of 3 December 1980 laying down
Whereas the European Council, at its meeting on 23               common detailed rules for the application of the
March 1981 in Maastricht, agreed that steps should be            system of import and export licences and advance­
taken to facilitate the purchase by Poland of certain            fixing certificates for agricultural products (10), and
agricultural products from the Community ; whereas               from Commission Regulation (EEC) No 645/75 of 13
in view of the availability of Community sugar it is             March 1975 laying down common detailed rules for
possible to put at the disposal of Poland some 50 000            the application of the export levies and charges on
tonnes of sugar ;                                                agricultural products ("), as amended by Regulation
                                                                 (EEC) No 1607/80 (,2) ;
Whereas for this purpose, and in view of developments
on the world sugar market, a standing invitation to              "Whereas the measures provided for in this Regulation
tender should be issued to determine the amounts of               are in accordance with the opinion of the Management
the levies or refunds necessary for the export of the             Committee for Sugar,
said quantity to Poland, account being taken of certain
conditions regarding sales to that country at reduced
 prices ;
                                                                  HAS ADOPTED THIS REGULATION :
Whereas, in order to ensure that the sugar is not
 diverted to another destination, provision should be
 made for the lodging of an appropriate security and                                        Article 1
 for its release when the sugar has reached its destina­
 tion according to the relevant Community rules ;
                                                                  1 . A standing invitation to tender shall be issued for
                                                                  the determination of the export levies or export
 Whereas the general rules governing invitations to               refunds on a quantity of white sugar of 50 000 tonnes
 tender for the determination of export refunds for               destined for Poland. During the period of validity of
 sugar were laid down in Council Regulation (EEC) No              this standing invitation there shall be issued partial
 766/68 of 18 June 1968 laying down general rules for             invitations .
 granting export refunds on sugar (4), as last amended
 by Regulation (EEC) No 1 489/76 (5) ; whereas these
                                                                  (6) OJ No L 50 , 4 . 3 . 1970 , p. 1 .
                                                                  0 OJ No L 162, 1 . 7. 1977, p. 6.
 (') OJ No Lf 359, 31 . 12. 1974, p. 1 .                          (8) OJ No L 341 , 10 . 12. 1976, p. 14.
 (2) OJ No L 360 , 31 . 12 . 1980 , p. 17 .                        O OJ No L 38 , 11 . 2. 1981 , p. 8 .
 (3) OJ No L 75, 28 . 3 . 1972, p . 5 .                            H OJ No L 338 , 13 . 12. 1980, p. 1 .
 (4) OJ No L 143 , 25 . 6. 1968 , p . 6 .                          (") OJ No L 67, 14. 3 . 1975, p. 16.
 ¥) OJ No L 167, 26. 6. 1976, p. 13.                               0 2) OJ No L 160 , 26 . 6 . 1980 , p. 42.
 ---pagebreak--- 24. 4. 81                          Official Journal of the European Communities                            No L 112/ 11
2. Tenders shall relate to the export levy and/or            If, however, the average    of the closing selling prices for
export refund necessary to ensure this exportation           the July 1981 position      on the Paris futures market as
under the conditions laid down in this Regulation .          quoted on the two days      preceding the partial invitation
                                                             to tender in question,      multiplied by a coefficient of
                                                             0-90, is less than the amount referred to in the first
                        Article 2
                                                             subparagraph then the contractual selling price may
                                                             not exceed that average as so adjusted.
1 . The standing and partial invitations to tender
shall be conducted in accordance with Regulation             2. The sugar must be delivered in jute sacks con­
(EEC) No 766/68 and the following provisions. Regu­          taining 50 kilograms net, fob European ports of the
lation (EEC) No 394/70 shall not apply.                      Community, on dates to be agreed between the
                                                             contracting parties.
2. The standing invitation shall be closed ipso facto
on the date of the partial invitation to tender at which
awards are made which completely account for the                                       Article 6
quantity referred to in Article 1 ( 1 ).
                                                             1 . Offers, which must be in writing, shall be either
                        Article 3                            delivered by hand to the competent authority of a
                                                             Member State, against a receipt, or addressed to that
1.     The Member States shall issue an invitation to        authority by registered letter, telex or telegram .
tender which shall be published in the Official
Journal of the European Communities. Member States           2.      Each offer must indicate :
may also publish the notice, or have it published, else­
where .                                                      (a)  the reference number of the invitation to tender ;
                                                             (b)  the name and address of the tenderer ;
2. The notice shall indicate in particular the condi­        (c)  the quantity to be exported ;
tions applying to the tenders.
                                                             (d)  the amount of the export levy or, where appro­
3 . The notice shall be published only for the                    priate, of the export refund on the quantity of
purpose of opening the standing invitation to tender.             sugar referred to under (c) per 100 kilograms of
It may be amended during the period in which the                  sugar, expressed in the currency of the Member
invitation remains open . It shall be so amended if the           State in which the tender is submitted ;
terms of the invitation are changed.                         (e) the amount of the tendering security to be lodged
                                                                  covering the quantity of sugar referred to under (c),
                        Article 4
                                                                  expressed in the currency of the Member State in
                                                                  which the tender is submitted.
1 . The period during which tenders may be
submitted in response to the first partial invitation to     3.      An offer shall be valid only if :
tender :
                                                             (a) it relates to a quantity of 5 000 tonnes of sugar or
(a) shall begin on the day on which the notice of the             to a multiple of that quantity ;
     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
(b) shall end on 6 May 1981 at 10 a.m .                           lodged the security indicated in the tender ;
                                                             (c) it includes a declaration by the tenderer that if his
2. The periods during which tenders may be                         tender is successful he will, within the period laid
submitted in respect of each of the subsequent partial             down in Article 1 2 (b), apply for export licences in
invitations :
                                                                   respect of the quantities of sugar to be exported ;
(a) shall begin on the first working day following the       (d) it includes a declaration by the tenderer certifying
     end of the preceding period ;                                 that the product for export is white sugar of sound,
(b) shall end at 10 a.m. on the Wednesday of the                   fair and merchantable quality, falling within
     following week.                                               subheading 17.01 A of the Common Customs
                                                                   Tariff ;
 3 . The times specified in this Regulation are               (e) it includes a declaration by the tenderer that, if his
 Belgian times.                                                    tender is successful, he will abide by the maximum
                                                                   price referred to in the first or second subpara­
                        Article 5                                  graph of Article 5 ( 1 ) and that he will furnish the
                                                                   proof referred to in Article 12 (c) within the period
 1 . The contractual selling price, including the levy             laid down ;
 or refund offered, may not exceed 50-71 ECU per 100          (f) it contains all the particulars required under para­
 kilograms of white sugar.                                         graph 2.
 ---pagebreak--- No L 112/ 12                          Official Journal of the European Communities                                24. 4 . 81
4. An offer may stipulate that it is to be regarded as          2, persons present at the examination shall be under
having been submitted only if :                                 an obligation not to disclose any particulars relating
                                                                thereto .
(a) the minimum export levy or, where applicable, the
      maximum export refund, is fixed on the day of             2.      Tenders shall be communicated to the Commis­
      expiry of the period for the submission of the            sion forthwith and in such manner that the tenderers
      tenders in question ;                                     remain anonymous.
(b) the award relates to all or a specific part of the
      quantity tendered for.
                                                                                           Article 9
5.       An offer which is not submitted in accordance
with the provisions of this Regulation, or which                 1 . Account being /taken of the current state and
contains conditions other than those indicated in the            foreseeable development of the Community and world
notice of invitation to tender, shall not be considered.        sugar markets and th£ conditions governing the sale as
                                                                 laid down in Article 5, there shall be fixed for each lot
                                                                 either :
6.       Once submitted, a tender may not be withdrawn .
                                                                — a minimum export levy, or
                           Article 7
                                                                — a maximum export refund.
                                                                 2. Nevertheless, a decision may be taken to make
 1 . The security for tenders shall be 15 ECU per 100            no award under a specific partial invitation to tender.
 kilograms of sugar to be exported under this invitation
 to tender.
                                                                                          Article 10
 For successful tenderers, and by way of derogation
 from the first indent of Article 8 ( 1 ) (d) of Regulation       1 . Where a minimum export levy is fixed an award
(EEC) No 2990/76, this security shall constitute the             shall made to the tenderer or tenderers quoting the
 security for the export licence when the application            highest levy. If the whole of the quantity referred to in
 referred to in Article 12 (b) is made.                          Article 1 ( 1 ) is not covered by that award then awards
                                                                 shall be made to other tenderers in descending order
 2. The tenderer may provide the security either in              of their quoted levies until the entire quantity has
 cash or in the form of a guarantee given by an esta­            been accounted for.
 blishment complying with criteria laid down by the
 Member State in which the tender is submitted.                  2. Where a maximum export refund is fixed an
                                                                 award shall be made in accordance with paragraph 1 ;
 3 . Except in case of force majeure, the security for           if after such awards a quantity is still outstanding, or if
 the tender shall be released only :                             there are no tenders quoting a levy, then awards shall
                                                                 be made to tenderers in ascending order of their
 (a) in respect of any quantity for which no award has           quoted refunds until the entire quantity referred to in
       been made ;                                               Article 1 ( 1 ) has been accounted for.
 (b) if a successful tenderer has, within the period laid
       down in Article 12 (b), applied for an export              3.    Where, however, an award made under the rules
       licence and only in respect of a quantity for which        laid down in paragraphs 1 and 2 would result in the
       proof is provided of its importation into Poland.          quantity referred to in Article 1 ( 1 ) being exceeded,
       This proof shall be furnished in accordance with           that award shall be made to the tenderer in question
       the provisions of Article 20 of Regulation (EEC)           only in respect of a quantity which allows the former
       No 2730/79 (').                                            quantity to be entirely accounted for. Where two or
                                                                  more tenderers quote the same levy or the same
                                                                  refund and awards to all of them would result in the
  4.      In case of force majeure, the competent authority
  of the Member State concerned shall take such action            same quantity being exceeded awards shall be made
  as it considers necessary having regard to the circum­          pro rata to the tendered quantities.
  stances invoked by the party concerned .
                                                                                           Article 11
                            Article 8
                                                                   1.    The competent authority of the Member State
                                                                   concerned shall immediately notify applicants of the
  1 . Tenders shall be examined in private by the                  result of their participation in the invitation to tender.
  competent authority concerned. Subject to paragraph
                                                                   In addition, that authority shall send successful
  (') OJ No L 317, 12. 12. 1979, p. 1 .                            tenderers a statement of award .
 ---pagebreak--- 24 . 4 . 81                          Official Journal of the European Communities                         No L 112/ 13
2.     The statement of award shall indicate :                 This right and these obligations shall not be trans­
                                                               ferable .
(a) the reference number of the invitation to tender ;
(b) the quantity to be exported ;                                                       Article 13
(c) the export levy to be charged or, where applicable ,
     the export refund to be granted, per 100 kilograms         1 . Article 9 of Regulation (EEC) No 2990/76 and
     of white sugar of the quantity referred to in (b).        Article 8 (4) and (5) of Regulation (EEC) No 3183/ 80
                                                               shall not apply to white sugar to be exported in accor­
                          Article 12                           dance with this Regulation .
                                                                2.     Export licences issued in connection with this
Every successful tenderer shall have :                          standing invitation to tender shall be valid from the
(a) the right to be issued in respect of the quantity           day of issue to 30 September 1981 .
     awarded, and subject to the conditions in (c), with
     an export licence indicating as appropriate the            3 . In addition to the endorsements required under
     export levy or the export refund quoted in the             Article 2 ( 2) and (3) of Regulation (EEC) No 2990/76,
     tender ;                                                   section 13 of the application for licences and of the
                                                                export licences issued in connection with this invita­
(b) the obligation to lodge in accordance with the rele­        tion to tender shall include one of the following
     vant provisions of Regulation (EEC) No 3183/ 80            endorsements :
     an application for an export licence in respect of
     that quantity , Article 12 (2) of that Regulation and      — ' Poland ,
     Article 10 of Regulation (EEC) No 64.5/75 not              — 'Pologne',
     applying in such a case . The application shall be         — ' Polen ',
     lodged not later than 15 days following the day on         — 'Polen ',
     which the partial invitation was held .                    — 'Polonia',
                                                                — ' Polen ',
(c) the obligation to provide the authority of the              — Tlo?tcovia'.
     Member State to which the tender was submitted,
     and this within the period referred to in (b), proof       4.      The licence carries the obligation to export to
     that the maximum selling price referred to in the          Poland .
      first or second subparagraph of Article 5 ( 1 ) has not
     been exceeded ; such proof shall be provided in                                    Article 14
      the form of a certified copy of the contract of sale
     entered into by the successful tenderer and the            This Regulation shall enter into force on 24 April
      competent authority in Poland .                            1981 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 22 April 1981 .
                                                                           For the Commission
                                                                             Poul DALSAGER
                                                                       Member of the Commission