CELEX: 31975R0312
Language: en
Date: 1975-02-07 00:00:00
Title: Regulation (EEC) No 312/75 of the Commission of 7 February 1975 on a standing invitation to tender to determine subsidies for white sugar produced in excess of the maximum quota and in respect of which no export levy is to apply

8 . 2. 75                               Official Journal of the European Communities                            No L 35/ 5
                             REGULATION (EEC) No 312/75 OF THE COMMISSION
                                                      of 7 February 1975
               on a standing invitation to tender to determine subsidies for white sugar
               produced in excess of the maximum quota and in respect of which no export
                                                        levy is to apply
THE COMMISSION OF THE EUROPEAN                                     Whereas the Opinion of the Monetary Committee has
COMMUNITIES,                                                       been sought ;
                                                                   Whereas the measures provided for in this Regulation
Having regard to the Treaty establishing the European              are in accordance with the Opinion of the Manage­
Economic Community ;                                                ment Committee for Sugar,
Having regard to Council Regulation No 1009/
67/ EEC (') of 18 December 1967 on the common                       HAS ADOPTED THIS REGULATION :
organization of the market in sugar, as last amended
by Regulation (EEC) No 2476/74 (2), and in particular
Articles 25 (3) and 38 thereof ;                                                            Article 1
Having regard to Council Regulation (EEC) No                       The Member States in which sugar has been produced
2932/74 (3) of 18 November 1974 on the grant and                    in excess of the maximum quota shall issue a standing
financing of a subsidy on sugar produced in excess of               invitation to tender to remain open until 12 March
                                                                    1975, and during its period of validity partial invita­
the maximum quota and on the financing of the
                                                                    tions to tender, in respect of a subsidy for such white
subsidy on sugar imports, and in particular Article
 1 (2) thereof ;
                                                                    sugar produced during the 1974/75 sugar marketing
                                                                    year and to which the provisions of Article 16(1 ) of
                                                                    Regulation No 1009/67/ EEC do not apply.
Having regard to Council Regulation (EEC) No
974/71 (4) of 12 May 1971 on certain measures of
                                                                                            Article 2
conjunctural policy to be taken in agriculture
following the temporary widening of the margins of
fluctuation    for the     currencies     of certain  Member        1 . The Member States concerned shall draw up a
States, as last amended by Regulation (EEC) No                      notice of standing invitation to tender. This notice
3259/74 (5), and in particular Article 6 thereof ;                  shall be published in the Official Journal of the Euro­
                                                                    pean Communities. The Member States concerned
                                                                    may also publish the notice of invitation to tender, or
Whereas by virtue of Regulation (EEC) No 2932/74 a                  have it published, elsewhere .
subsidy may be granted for sugar produced in excess
of the maximum quota which should be exported in                    2.     The notice of invitation to tender shall indicate
accordance with Article 25 of Regulation No 1009 /                  in particular the terms of the invitation .
67/EEC ; whereas it is necessary, because of the sugar
deficit within the Community, to allow this sugar to                3 . The notice of standing invitation to tender shall
be released onto the Community market and to invite                 be published only for the purpose of opening that invi­
tenders to determine the amount of the subsidy                      tation . The notice as published may be amended
concerned ;                                                         during the period of validity of the standing invitation
                                                                    to tender. It shall be so amended if the terms of the
                                                                    invitation to tender are amended during that period .
Whereas appropriate provisions should be drawn from
the rules governing invitations to tender in respect of
 imports and exports of sugar ; whereas, in addition ,                                      Article 3
when the maximum subsidy is fixed, account should
be taken of the differences existing between the prices              1 . The period for the submission of tenders in
 recorded on the world market and in the Community                  response to the first partial invitation :
and of the maximum subsidy fixed pursuant to the
 invitation to tender in respect of imports ;                       (a) shall begin on the day on which the notice of
                                                                         standing invitation to tender is published in the
(') OJ   No 308 , 18 . 12. 1967, p. 1 .                                  Official Journal of the European Communities,
(2) OJ   No L 264, 1 . 10 . 1974, p. 70 .
(3)  OJ  No L 311 , 22. 11 . 1974, p. 10 .                          and
(4)  OJ  No L 106, 12. 5. 1971 , p. 1 .
(5)  OJ  No L 349, 28 . 12. 1974, p. 10.                            (b) shall expire on 12 February 1975 at 10 a.m .
 ---pagebreak--- No L 35/ 6                         Official Journal of the European Communities                                8 . 2 . 75
2.     without prejudice to Article 1 , the period for the    the Commission shall fix, in accordance with the
submission of tenders in response to the second and           procedure laid down in Article 40 of Regulation No
to the subsequent partial invitations to tender :             1009/67/EEC, a maximum subsidy for the partial invi­
                                                              tation to tender in question .
(a) shall begin on the first working day following the
     day on which the preceding period expires, and           This    maximum     amount      must   be less  than     the
(b) shall expire on the Wednesday of the following            maximum amount fixed on the same day by virtue of
     week at 10 a.m .                                         the standing invitation to tender to determine
                                                              subsidies on the importation of white and raw sugar
                                                              without authorization to export subsequently free of
                        Article 4                             levy a corresponding quantity. The Commission may
                                                              alternatively decide to make no award .
1 . Tenders, which must be in writing, shall either
be delivered by hand against a receipt to the compe­          2.     In order to achieve comparability between
tent agency of the Member State in which the sugar            tenders, and for the purpose of the award of contracts
referred to in Article 1 has been produced, or                by Member States, the amount proposed for the
addressed to that agency by registered letter, telex, or      subsidy expressed in a national currency shall be
telegram .                                                    converted into units of account by applying the rele­
                                                              vant conversion rate currently applicable for purposes
2.     Every tender must indicate :                           of the common agricultural policy, weighted by the
                                                              coefficient as referred to in Article 4 (3) of Regulation
(a) the invitation to which the tender relates ;
                                                              (EEC) No 1463/73 (') applicable in the Member State
(b) the name and address of the tenderer ;                    concerned on the day on which the maximum
                                                              amount of the subsidy is fixed .
(c) the quantity of white sugar produced in excess of
     the maximum quota and to which the provisions
                                                                                       Article 7
     of Article 16(1 ) of Regulation No 1009/67/ EEC
     do not apply ;                                           Except where a decision is taken to make no award
(d) the amount of subsidy sought per 100 kilo­                under a partial invitation to tender, a contract shall be
     grammes of white sugar, in the currency of the           awarded to every tenderer whose tender does not
     Member State of the agency to which the tender is        exceed the maximum amount of the subsidy.
     submitted .
                                                                                       Article 8
3.     A tender shall not be valid unless it includes a
declaration by the tenderer that if his tender is              1 . The competent agency of the Member State
successful he will sell the quantity of sugar concerned       concerned shall immediately notify all applicants of
on the Community internal market.                             the result of their participation in the invitation to
                                                              tender. That agency shall also send successful
4.     A tender which is not submitted in accordance
                                                              tenderers without delay a statement of award .
with the provisions of this Article, or which contains
terms other than those indicated in the notice of invi­       2.     Statements of award shall inter alia indicate :
tation to tender, shall not be taken into consideration .
                                                              (a) the invitation to which the tender relates ;
5.     Once submitted a tender may not be withdrawn .         (b) the tonnage of white sugar in respect of which the
                                                                   subsidy has been awarded ;
                         Article 5                            (c) the subsidy to be granted per 100 kilogrammes of
                                                                   white sugar.
 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        The tenderer shall have :
relating thereto.
                                                              (a) the right to be paid the subsidy for the quantity of
2.     Tenders shall be communicated to the Commis­                sugar indicated in the tender ;
sion without delay and in a manner which respects             (b) the obligation to dispose on the internal market of
the anonymity of the participants.                                 the Community of the quantity of white sugar indi­
                                                                   cated in the tender. The sugar so disposed of shall
                         Article 6                                 not be subject to the charge referred to in Article
                                                                   25(3) of Regulation No 1009/67/ EEC and Article
 1 . After examining the tenders received and having               16(1 ) of that Regulation shall apply.
 regard in particular to the differences between sugar
 prices in the Community and on the world market,             (') OJ No L 146, 4 . 6 . 1973 , p. 1 .
 ---pagebreak--- 8 . 2. 75                           Official Journal of the European Communities                             No L 35/7
                        Article 10                                 referred to in Article 9 (b) has been fulfilled in
                                                                   respect of this excess, to be paid a supplementary
The subsidy in respect of the quantity stated in the               subsidy in respect of the quantity concerned ;
tender shall be paid without delay to the tenderer by
the Member State which         issued  the   invitation to    — is less than the quantity of sugar in respect of
tender, in the currency of that Member State .                    which the subsidy has been granted, the Member
                                                                   State shall recover in respect of the deficient quan­
                        Article 11                                 tities the corresponding amount of the subsidy
                                                                   plus daily interest at the rate of 9 % per annum .
1.     Member States concerned shall take all measures
to ensure the necessary supervision of the implementa­         The amount per 100 kg of sugar to be paid or recov­
tion of this Regulation .                                      ered by the Member State concerned shall be that of
                                                               the subsidy as awarded or, where appropriate, the
2. If the quantity of sugar actually produced in               weighted average of the amounts of all the subsidies
excess of the maximum quota and to which the provi­            awarded to the successful tenderer concerned in the
sions of Article 16(1 ) of Regulation No 1009/67/ EEC          course of the standing invitation to tender.
do not apply :
— exceeds the quantity of sugar in respect of which                                    Article 12
     the subsidy has been granted, the tenderer shall be
     entitled, provided that he lodges a claim with the        This Regulation shall enter into force on 8 February
     Member State concerned and that the obligation            1975 .
               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