CELEX: 31975R1709
Language: en
Date: 1975-07-03 00:00:00
Title: Regulation (EEC) No 1709/75 of the Commission of 3 July 1975 on a standing invitation to tender to determine export refunds on white sugar destined for Iran and Morocco within the framework of multiannual contracts

4. 7. 75                               Official Journal of the European Communities                          No L 173 / 15
                           REGULATION (EEC) No 1709/75 OF THE COMMISSION
                                                        of 3 July 1975
               on a standing invitation to tender to determine export refunds on white sugar
                 destined for Iran and Morocco within the framework of multiannual contracts
THE COMMISSION OF THE EUROPEAN                                    sions for the export licences issued pursuant to the
COMMUNITIES,                                                      standing invitation to tender as well as for the securi­
                                                                  ties related thereto and to derogate from Commission
                                                                  Regulation (EEC) No 2637/70 (5) of 23 December
Having regard to the Treaty establishing the European
                                                                  1970 on special detailed rules for the application of
Economic Community ;
                                                                  the system of import and export licences and advance
                                                                  fixing certificates for agricultural products, as last
Having regard to Council Regulation No 3330/74 ( J )              amended by Regulation (EEC) No 1435/75 (6) ;
of 19 December 1974 on the common organization of
the market in sugar, and in particular Articles 12 (2),           Whereas the Management Committee for Sugar has
1 9 (4) and 34 thereof ;                                          not delivered an opinion within the time limit set by
                                                                  its Chairman ,
Whereas in particular due to the price situation on the
world market and the production prospects for the
coming years a standing invitation to tender to
determine export refunds on white sugar should                    HAS ADOPTED THIS REGULATION :
already be opened now ;
                                                                                          Article 1
Whereas it is necessary to guarantee as far as possible
that the production of sugar within the limits of
quotas can be marketed constantly under the best                   1 . The Member States shall issue a standing invita­
conditions for the Community ; whereas the conclu­                tion to tender to determine the export levies on white
sion of delivery contracts as to the said sugar between           sugar destined for Iran and Morocco, hereafter called
Community operators and third countries in respect                'destination countries', and, during the period of
of several marketing years appears to be an efficient             validity of this standing invitation to tender they shall
measure to meet this aim ; whereas Iran and Morocco               issue weekly partial invitations to tender.
seem currently prepared to conclude such contracts ;
whereas the Community should therefore assist in                  2. The standing invitation to tender shall relate to
order to make such operations possible and to esta­               the refund on export to destination countries within
blish conditions to ensure equal competition among                the framework of a multiannual contract as defined in
the interested parties ; whereas the tender procedure             Article 12, hereafter called 'multiannual contract', of
supplies the best appropriate provisions to meet these            white sugar produced within the maximum quota.
demands ;
                                                                  This export must not exeed 200 000 metric tons of
Whereas the general rules for the tender procedure to             white sugar per sugar marketing year concerned . The
determine export refunds on sugar have been adopted               total tonnage for export under a multiannual contract
by Council Regulation (EEC) No 766/68 (2) of 18                   shall be divided into equal portions to be exported in
June 1968 laying down general rules for granting                  each marketing year covered by this contract.
export refunds on sugar, as last amended by Regula­
tion (EEC) No 1102/75 (3) ;
                                                                                          Article 2
Whereas,, taking into account the characteristic of the
                                                                   1 . The standing and partial invitations to tender
 operation , special detailed rules should be provided
                                                                   shall be conducted in accordance with the provisions
 under this Regulation , and the detailed rules provided           laid down in Regulation (EEC) No 766/68 and the
 for in Commission Regulation (EEC) No 394/70 (4) of
                                                                   present Regulation . The provisions of Regulation
 2 March 1970 laying down detailed rules for export
                                                                  (EEC) No 394/70 shall not apply.
 refunds on sugar shall not be applied ; whereas, in
 addition , it is necessary to provide appropriate provi
                                                                   2.    The standing invitation to tender remains open
                                                                   until a date to be determined in due course .
 (') OJ No L 359, 31 . 12 . 1974, p. 1 .
 (2 ) OJ No L 143, 25 . 6. 1968 , p. 6.
 (3) OJ No L 110 , 30 . 4. 1975, p. 1 .                            (5) OJ No L 283, 29. 12. 1970, p. 15.
 (4) OJ No L 50, 4. 3. 1970, p. 1 .                                (b) OJ No L 142, 4. 6. 1975, p. 9 .
 ---pagebreak---  No L 173/ 16                       Official Journal of the European Communities                                4 . 7 . 75
                         Article 3                                 the period of validity of the contract and the divi­
                                                                   sion of this tonnage into equal portions among
  1 . The Member States shall draw up a notice of a                the sugar marketing years covered by the said
 standing invitation to tender. Such notice shall be               contract,
 published in the Official Journal of the European
  Communities. Member States may also publish the             (d) the amount of refund per 100 kilogrammes of
 notice, or have it published, elsewhere .                        white sugar, expressed in the currency of the
                                                                  Member State where the offer is made, proposed
 2.     The notice shall indicate in particular the terms          for export of the total tonnage referred to in (c),
 of the invitation .
                                                              (e) the destination countries referred to in the multian­
                                                                   nual contract.
 3 . The notice shall be published only for the
 purpose of opening the standing invitation to tender.
 It may be amended during the period of validity of           3.     A tender shall only be valid if :
 the standing invitation to tender. It shall be so
 amended if the terms of the invitation are ' modified .
                                                              (a) the total tonnage of sugar proposed for export has
                                                                  been divided into equal portions in respect of each
                         Article 4                                sugar marketing year covered by the contract,
 1 . The period during which tenders may be                   (b) the tonnage of sugar provided for export in each
submitted in response to the first partial invitation :           of the marketing years covered by the contract is
                                                                  not less than 10 000 metric tons,
(a) shall begin on the day on which the standing invi­
      tation to tender is published in the Official           (c) proof is furnished before expiry of the time limit
     Journal of the European Communities, and                     for the submission of tenders that the tenderer has
                                                                  lodged     the   security for tender required by
(b) shall expire on 16 July 1975 at 9 a.m.                        Article 6,
2. The period during which tenders may be                     (d) It includes a declaration by the tenderer that if his
submitted in response to the second and subsequent                tender is successful he will apply for export
partial invitations :                                             licences in respect of the quantity of white sugar
(a) shall begin on the first working day following the            proposed for export in each of the marketing years
      day on which the preceding period comes to an               covered by the multiannual contract,
      end, and
                                                              (e) it is accompanied, where the tender is successful
(b) shall expire on the Wednesday of the following                and :
     week at 9 a.m .
                                                                  — where the tenderer exports himself the sugar
3 . By derogation from Article 1 ( 1 ), there will be no               in question of which he is not the producer, by
partial tenders on Wednesday 13 August and                             a certified copy of the multiannual contract in
Wednesday 20 August 1975.                                              addition to a certified copy of the purchase
4. During the period of summer time in Italy, the                      contract of the sugar produced within the
time limits laid down in the preceding paragraphs                      maximum quota,
shall be extended by one hour in that Member State.               — where the tenderer exports himself the sugar of
Outside the periods of summer time in Ireland and in                   which he is the producer, a certified copy of
the United Kingdom, the time limits laid down in the                   the multiannual contract,
preceding paragraphs shall be brought forward by one
hour in those Member States .                                     — where the tenderer does not himself export the
                                                                       sugar, a certified copy of the multiannual
                                                                       contract and of the delivery contract referred to
                         Article 5
                                                                       in Article 13 and if he is not the producer of
                                                                       the sugar in question, a certified copy of the
 1 . Tenderers must either lodge a tender in writing,                  purchase contract of the sugar produced within
against a receipt, with the competent authority of the                 the maximum quota.
Member State chosen by the tenderer, or address the
tender to that authority by registered letter.
                                                              Where the multiannual contract is not worked out in
2.      The tender must indicate :                            the official language or in one of the other official
(a) the invitation to which the tender relates,               languages of the Member State whose competent
                                                              agency has received the offer, the certified copy of this
(b) the name and address of the tenderer,                     contract shall be accompanied by a reliable translation
(c) the total tonnage of white sugar corresponding to         into the official or one of the official languages of this
     that shown in the contract to be exported during         Member State .
 ---pagebreak--- 4 . 7 . 75                         Official Journal of the European Communities                        No L 173/ 17
4. A tender may stipulate that it is to be regarded           tion to tender. It may, where necessary, be decided to
as having been submitted only if the contract awarded         make no award .
relates to the entire quantity and the quantity
provided for each year as indicated in the tender or to       2. In order to achieve comparability between
a specific part thereof.                                      tenders and for the award of contracts by Member
                                                             States, the amount proposed for the refund, expressed
5.      A tender which is not submitted in accordance         in a national currency shall be converted into units of
with the provisions of this Article, or which contains        account by applying the relevant conversion rate appli­
terms other than those indicated in the notice of invi­       cable for purposes of the common agricultural policy.
tation to tender, shall not be taken into consideration .
6.      Once submitted a tender may not be withdrawn .                               Article 9
                                                              1 . Except where a decision is taken to make no
                         Article 6
                                                              award under a partial invitation to tender, then,
                                                              subject as provided in paragraphs 2 and 3, a contract
1 . The security required for the invitation to tender        shall be awarded to every tenderer whose tender does
shall be 010 unit of account per 100 kilogrammes of           not exceed the maximal amount of- the export refund.
white sugar, in respect of the total tonnage to be
exported provided for in the multiannual contract.            2.    For each partial invitation to tender, after a
2. The tenderer may lodge the security either in              maximum quantity has been fixed, the contract is
cash or in the form of a guarantee by an establish­           awarded to the tender which quotes the lowest export
ment complying with criteria laid down by the                 refund. If the maximum quantity is not fully used up
Member State in which the tender is submitted .               by that tender, awards shall be made to those appli­
                                                              cants whose tenders quote the next lowest export
3 . Except in cases of force majeure, the security            refund until the maximum quantity *has been
                                                              accounted for.
required for the invitation to tender shall be released
only :
                                                              3 . Where, however, awards under the provisions of
(a) if the tenderer :                                         paragraph 2 would lead to the maximum quantity
     — has not withdrawn his tender, and
                                                              being exceeded as a result, taking a particular tender
                                                              into consideration , an award, shall be made to that
     — if his tender is successful has applied within         tenderer in respect only of the tonnage which would
          the time limit specified in Article 1 1 (b) for     allow the maximum tonnage to be accounted for.
          the export licences in respect of each              Where tenders quote the same refund and whose
          marketing year covered by the contract, or          aggregate tonnage exceeds the maximum tonnage
(b) in respect of the quantity of which no award has          awards will be made by dividing the maximum
     been made .                                              tonnage either in proportion to the quantities shown
                                                              in such tenders or between the succesful tenderers up
The security shall be released forthwith.                     to a maximum tonnage to be determined. -
4.      In a case of force majeure, the competent
authority of the Member State concerned shall                                        Article 10
determine the measures necessary in view of the
circumstances invoked by the party concerned .                1 . The competent authority of the Member State
                                                              concerned shall immediately notify all applicants of
                                                              the result of their participation in the invitation to
                         Article 7
                                                              tender. In addition, that authority shall also send
                                                              successful tenderers a statement of award .
 1 . Tenders shall be examined in private by the
competent authority concerned. Subject as provided in         2.    Statement of awards shall inter alia indicate :
paragraph 2, persons present at the examination shall
be under an obligation not to disclose any particulars        (a) the invitation to which the tender relates,
relating thereto.                                             (b) the total tonnage of white sugar to be exported
2.      Tenders shall be communicated to the Commis­
                                                                  during the period of validity of the multiannual
                                                                  contract and the division of this tonnage per
sion without delay and in such manner that the                    marketing year covered by this contract,
names of the tenderers are not disclosed .
                                                              (c) the export refund per 100 kilogrammes of white
                                                                  sugar on the total tonnage referred to in (b),
                         Article 8
                                                              (d) the destination country,
 1 . After examining the tenders received a                   (e) the period of validity of the multiannual contract
maximum quantity may be fixed under a partial invita­             entered into .
 ---pagebreak--- No L 173 / 18                      Official Journal of the European Communities                               4. 7. 75
                        Article 11                           2. Export licences regarding sugar to be exported
                                                             under the heading of the 1975/76 marketing year
Every successful tenderer shall have :                       shall be issued on 1 October 1975 and are valid until
(a) the right to be issued, in respect of the tonnages of    the following 30 September 1976.
    white sugar to be exported under the terms of the
    contract, with export licences issued under the          3 . The export licences regarding the sugar to be
    conditions of this Regulation,                           exported during the second marketing year covered by
                                                             the contract and during succeeding years shall be
(b) the obligation to apply within 10 days following         issued on the first day of the marketing year in ques­
    the day of forwarding the statements referred to in      tion and shall be valid until the 30 September
    Article 10 for the licences referred to in (a) in        following the end of the marketing year in question:
    respect of the export of each of the sugar quanti­
    ties provided for each of the marketing years            4. By way of derogation from the first indent of
    covered by the multiannual contract.                     Article 33 ( 1 ) (c) of Regulation (EEC) No 2637/70 the
(c) the obligation to export or to have exported with        security for licences issued for export of :
    the refund specified in the offer the total tonnage      (a) the tonnage of sugar under the heading of the first
    of sugar in question to the destination country               marketing year covered by the multiannual
    concerned.
                                                                 contract shall amount to 0*01 unit of account per
                                                                  100 kilogrammes of white sugar,
                        Article 12                           (b) the tonnage of sugar still to be exported in accor­
                                                                 dance with the multiannual contract shall amount
For the purpose of this Regulation a multiannual                 to 0-3 unit of account per 100 kilogrammes of
contract is a contract concluded between a Commu­
                                                                 white sugar.
nity exporter and the competent Government authori­
ties in the destination country for export of a total        5. The security referred to in paragraph 4 (a) shall
tonnage of white sugar from the Community to this            only be released for the quantities in respect of which
country during a fixed period and divided among each         proof of importation to the destination country has
of the marketing x y&ars covered by the said contract.       been furnished .
The contract must not cover less than three years nor
                                                             If the    multiannual    contract covers  less than   five
more than five. The contract shall apply the first time
to the 1975/76 marketing year.                               marketing years the security referred to in paragraph 4
                                                             (b) shall only be released when proof of importation to
This contract shall in particular indicate :                 the destination country, in respect of the remaining
(a) the total tonnage and the tonnage to be exported         quantities, has been furnished.
    to the destination country each marketing year           If the multiannual contract covers five marketing
    covered by the contract,                                 years the security referred to in paragraph 4 (b) will
(b) the price of the sugar and the clause of adjustment      only be released :
    of this price in relation to the price fixed by the
                                                             (a) as far as the quantities for exportation under the
    Community.
                                                                 heading of the second marketing year covered by
In addition the contract shall specify the obligation            the multiannual contract are concerned, in respect
for the exporter concerned to export to the destina­             of those quantities for which proof of importation
tion country the tonnage of white Community sugar                to the destination country has been furnished,
provided for each of the marketing years covered by          (b) as far as the quantity for exportation under the
the contract.                                                    heading of the remaining three marketing years is
                                                                 concerned, after the proof of importation to the
                        Article 13                               destination country of this quantity as a whole has
                                                                 been furnished .
For the purpose of this Regulation a delivery contract
is a contract concluded between a successful tenderer        The proof of importation to the destination country
having right to the issue of export licences referred to     shall be furnished in the same way as refunds varied
in Article 1 1 (a) and an exporter who is contracting        according to the destination .
party to a multiannual contract in order to ensure the       6. Except in case of force majeure and wh'ere a
delivery of the sugar necessary for fulfilling the latter    successful tenderer has not, in respect of a marketing
contract.
                                                             year covered by the multiannual contract, fulfilled his
                                                             obligations derived from the award of tender provi­
                        Article 14                           sions may be adopted according to which :
1 . Requests for export licences as well as these            — the securities referred to in paragraph 4 are to be
licences shall specify in box 13 the country of destina­          forfeit,
tion ; these licences compel exportation to such a           — the rights derived from the award of tender shall
country.                                                         be cancelled .
 ---pagebreak--- 4 . 7 . 75                        Official Journal of the European Communities                       No L 173/ 19
                       Article 15                           2. The Member States issuing the export licences
                                                            shall inform the Commission, after each marketing
The provisions of Article 33 bis of Regulation (EEC)        year covered by the contract and where necessary, at
No 2637/70 shall not apply to white sugar exported in       the request of the latter of the position regarding
accordance with this Regulation.                            exports carried out under this Regulation. The
                                                            Commission shall pass on such information to other
                       Article 16                           Member States.
1.      Member  States  shall  take all   the  measures
required to ensure supervision and particularly to
ensure the conformity of the contracts mentioned in                               Article 17
Articles 12 and 13 and which are necessary for the
proper application of the requirements of this Regula­
tion .                                                      This Regulation shall enter into force on 4 July 1975.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 3 July 1975.
                                                                     For the Commission
                                                                       P. J. LARDINOIS
                                                                 Member of the Commission