CELEX: 31984R2384
Language: en
Date: 1984-08-18 00:00:00
Title: Commission Regulation (EEC) No 2384/84 of 14 August 1984 on a supplementary standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

No L 221 / 16                          Official Journal of the European Communities                              18 . 8 . 84
                                  COMMISSION REGULATION (EEC) No 2384/84
                                                     of 14 August 1984
              on a supplementary standing invitation to tender in order to determine levies
                                       and/or refunds on exports of white sugar
THE COMMISSION OF THE EUROPEAN                                   1467/77 Q, should not apply ; whereas, for the same
COMMUNITIES,                                                     reasons, appropriate provisions should be laid down
                                                                 with regard to export licences issued in connection
                                                                 with the standing invitation to tender and there should
                                                                 be a derogation from Commission Regulation (EEC)
Having regard to the Treaty establishing the European            No 2630/81 of 10 September 1981 on special detailed
Economic Community,                                              rules for the application of the system of import and
                                                                 export licences for sugar (8), as last amended by Regu­
                                                                 lation (EEC) No 3130/82 (9), from Commission Regu­
                                                                 lation (EEC) No 3183/80 of 3 December 1980 laying
Having regard to Council Regulation (EEC) No                     down common detailed rules for the application of the
1785/81 of 30 June 1981 on the common organization               system of import and export licences and advance
of the markets in the sugar sector ('), as last amended          fixing certificates for agricultural products (10), as last
by Regulation (EEC) No 606/82 (2), and in particular             amended by Regulation (EEC) No 2666/82 ("), and
Articles 13 (2), 18 (5), 19 (4) and (7) and the second           from Commission Regulation (EEC) No 645/75 of 13
paragraph of Article 39 thereof,                                 March 1975 laying down common detailed rules for
                                                                 the application of the export levies and charges on
                                                                 agricultural products (12), as last amended by Regula­
Having regard to Council Regulation (EEC) No 608/72              tion (EEC) No 1607/80 H ;
of 23 March 1972 laying down rules to be applied in
the case of considerable price rises on the world sugar
market /3), and in particular Article 1 (1 ) thereof,            Whereas the second subparagraph of Article 3 ( 1 ) of
                                                                 Commission Regulation (EEC) No 1160/82 of 14 May
                                                                 1982 providing for the advance fixing of monetary
Whereas, in view of the situation on the Community               compensatory amounts (H) provides that, where the
and world sugar markets, a supplementary standing                levy or refund is fixed in advance by means of tenders,
invitation to tender should be issued for export of              applications to fix the monetary compensatory amount
white sugar which, having regard to possible fluctua­            in advance shall be accepted only if the party
tions in world prices for sugar, must provide for the            concerned has declared in writing at the time of
determination of export levies and/or export refunds ;           submission of the tender that he will also apply to fix
                                                                 the monetary compensatory amount in advance if the
                                                                 tender is accepted in whole or in part ; whereas, in
                                                                 such cases, the obligation to lodge an application to fix
Whereas the general rules governing invitations to               the levy or refund in advance following acceptance of
tender for the purpose of determining export refunds             the tender involves an obligation to request at the
for sugar were laid down in Council Regulation (EEC)             same time advance fixing of the monetary compensa­
 No 766/68 of 18 June 1968 laying down general rules             tory amount ; whereas, for reasons peculiar to the
for granting export refunds on sugar (4), as last                market in sugar, when an operator intends to make use
amended by Regulation (EEC) No 1489/76 (^ ;                      of the facility of fixing a monetary compensatory
                                                                 amount in advance in connection with an export levy
                                                                 or refund fixed in advance under a tendering proce­
                                                                 dure he only makes up his mind to do so at the
Whereas, in view of the specific nature of the transac­          moment when the application for the export licence is
tions involved, special detailed rules should be laid            made ; whereas it is only after he has been declared
down in this Regulation, and those provided for in               successful in respect of a levy or refund for the quan­
 Commission Regulation (EEC) No 394/70 of 2 March                 tity of sugar indicated in his tender that the said
 1970 on detailed rules for granting export refunds on
sugar (6), as last amended by Regulation (EEC) No
                                                                 O OJ No L 162, 1 . 7. 1977, p. 6 .
                                                                 (8) OJ No L 258 11 . 9 . 1981 , p. 16.
(')  OJ No  L 177, 1 . 7. 1981 , p. 4.                           0 OJ No L 329, 25 . 11 . 1982, p. 20 .
(2)  OJ No  L 74, 18 . 3. 1982, p. 1 .                           H OJ No L 338 , 13 . 12. 1980, p. 1 .
0    OJ No  L 75, 28 . 3 . 1972, p. 5.                           (") OJ No L 283 , 6 . 10 . 1982, p . 7 .
H    OJ No  L 143, 25. 6. 1968, p. 6.                            H OJ No L 67, 14. 3 . 1975, p. 16.
0    OJ No  L 167, 26. 6. 1976, p. 13.                           (") OJ No L 160, 26. 6. 1980, p. 42.
(<•) OJ No L 50, 4. 3. 1970, p. 1 .                              (u) OJ No L 134, 15 . 5. 1982, p . 22.
 ---pagebreak--- 18 . 8 . 84                        Official Journal of the European Communities                         No L 221 / 17
monetary compensatory amount can be fixed in                 (b) shall end at 10.30 a.m. on the Wednesday of the
advance ; whereas, in consequence, a derogation                  following week.
should be made from the said provision in the case of
this tendering procedure, so that application for            3.     Notwithstanding paragraph 2 (b), the period for
advance fixing of the monetary compensatory amount           the submission of tenders which was to end on :
at the time when the application for the export licence
is made should be optional ;                                 — Wednesday 8 May 1985 shall end on Tuesday 7
                                                                 May 1985 at 10.30 a.m .,
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management         — Wednesday 5 June 1985 shall end on Tuesday 4
Committee for Sugar,                                             June 1985 at 10.30 a.m.
                                                             4. The time limits laid down in this Regulation are
HAS ADOPTED THIS REGULATION :                                expressed in Belgian time.
                        Article 1
                                                                                     Article 5
1 . There shall be issued a supplementary standing
invitation to tender in order to determine export levies
                                                              1.    Offers'in connection with this tender must be in
and/or export refunds on white sugar, and during the
period of validity of this standing invitation there shall   writing, and must be either delivered by hand, against
be issued partial invitations to tender.                     a receipt, to the competent authority in a Member
                                                             State, or addressed to that authority by registered letter,
2. The standing invitation to tender shall remain            telex or telegram .
open until a date to be determined subsequently.
                                                             2.     An offer must indicate :
                        Article 2
                                                             (a) the reference number of the invitation to tender to
The standing invitation to tender and the partial invi­          which the offer relates ;
tations shall be conducted in accordance with Regula­
tion (EEC) No 766/68 and with the following provi­           (b) the name and address of the tenderer ;
sions. Regulation (EEC) No 394/70 shall not apply.           (c) the quantity of white sugar to be exported ;
                                                             (d) the amount of the export levy or, where applicable,
                        Article 3                                of the export refund per 100 kilograms of white
                                                                 sugar, expressed in the currency of the Member
 1 . Member States shall draw up a notice of invita­             State in which the tender is submitted ;
tion to tender which shall be published in the Official
Journal of the European Communities. Member States           (e) the minimum amount of the security to be lodged
may also publish the notice, or have it published, else­         covering the quantity of sugar indicated in (c),
where.                                                           expressed in the currency of the Member State in
                                                                 which the tender is submitted .
2.     The notice shall indicate in particular the terms
of the invitation to tender.
                                                             3.     An offer shall be valid only if :
3.     The notice shall be published only for the
purpose of opening the standing invitation to tender.        (a) the quantity to be exported is not less than 250
It may be amended during the period of validity of the           tonnes of white sugar ;
standing invitation to tender. It shall be so amended if     (b) proof is furnished before expiry of the time limit
the terms of the invitation to tender are modified .             for the submission of tenders that the tenderer has
                                                                 lodged the security indicated in the tender ;
                         Article 4                           (c) it includes a declaration by the tenderer that if his
                                                                 tender is successful he will, within the period laid
 1 . The period during which tenders may be                      down in Article 12 (b), apply for an export licence
submitted in response to the first partial invitation to
tender :
                                                                 or licences in respect of the quantities of white
                                                                 sugar to be exported ;
(a) shall begin on 26 April 1985 ;                           (d) it includes a declaration by the tenderer that if his
(b) shall end on 2 May 1985 at 10.30 a.m.                         tender is successful he will :
2. The periods during which tenders may be                       — where the obligation to export created by the
submitted in response to the second and subsequent                    export licence referred to in Article 12 (b) is
partial invitations :                                                 not fulfilled, supplement the security by
(a) shall begin on the first working day following the                payment of the amount referred to in Article
     end of the preceding period ;                                    13 (4), and
 ---pagebreak--- No L 221 / 18                        Official Journal of the European Communities                             18 . 8 . 84
    — within 30 days following the expiry of the               4.     In case of force majeure, the competent authority
         export licence in question, notify the agency         of the Member State concerned shall take such action
         which issued the licence of the quantity or           as it considers necessary having regard to the circum­
         quantities in respect of which the licence was        stances invoked by the party concerned.
         not used ;
(e) it contains all the information required under para­                                Article 7
    graph 2.
                                                               1 . Tenders shall be examined in private by the
4. A tender may stipulate that it is to be regarded as         competent authority concerned. Subject to paragraph
having been submitted only if :                                2, persons present at the examination shall be under
                                                               an obligation not to disclose any particulars relating
(a) the minimum export levy or, where applicable the           thereto.
    maximum export refund, is fixed on the day of the
    expiry of the period for the submission of the             2.     Tenders shall be communicated to the Commis­
    tenders in question ;                                      sion forthwith and in such a manner that the tenderers
                                                               remain anonymous.
(b) the tender, if successful, relates to all or a specified
    part of the tendered quantity.
                                                                                        Article 8
5.     A tender which is not submitted in accordance
with the provisions of this Regulation, or which               1 . After the tenders received have been examined, a
contains terms other than those indicated in the notice        maximum quantity may be fixed for that partial invita­
of invitation to tender, shall not be considered.              tion .
                                                               2. A decision may be taken to make no award
6.     Once submitted, a tender may not be withdrawn .         under a specific partial invitation to tender.
                                                                                        Article 9
                         Article 6
                                                               1 . In the light of the intervention price for white
1 . A security of 9 ECU per 100 kilograms of sugar             sugar for the 1984/85 marketing year and, in parti­
to be exported under this invitation to tender must be         cular, the current state and foreseeable development of
lodged by each tenderer. Without prejudice to Article          the Community and world sugar markets, there shall
13 (4), this security shall in the case of successful          be fixed either :
tenderers' and at the time of the application referred to
in Article 12 (b) become the security for the export           — a minimum export levy, or
licence .                                                      — a maximum export refund.
2.    The security may be lodged at the tenderer's             2. Subject to Article 10, where a minimum export
choice, either in cash or in the form of a guarantee           levy is fixed, a contract shall be awarded to every
given by an establishment complying with criteria laid         tenderer whose tender quotes a rate of levy equal to or
down by the Member State in which the tender is                greater than such minimum levy.
submitted.
                                                               3. Subject to Article 10, where a maximum export
                                                               refund is fixed, a contract shall be awarded to every
3.     Except in the case of force majeure, the security       tenderer whose tender quotes a rate of refund equal to
will be released :
                                                               or less than such maximum refund and to every
                                                               tenderer who has tendered for an export levy.
(a) to tenderers only in respect of the quantity for
    which no award was made ;
(b) to successful tenderers only if they applied for                                   Article 10
    their export licence within the period laid down in
    Article 12 (b) and only for the quantity in respect        1.     Where a maximum quantity has been fixed for a
    of which they have fulfilled the obligation created        partial invitation to tender :
    by that licence, Article 33 of Regulation (EEC) No         — if a minimum levy is fixed, a contract shall be
    3183/80 remaining applicable.                                  awarded to the tenderer whose tender quotes the
                                                                   highest levy ; if the maximum quantity is not fully
Any unreleased security and the supplementary secu­                covered by that award, awards shall be made to
rity referred to in Article 13 (4) shall be forfeited in           other tenderers in descending order of levies
respect of a quantity for which the above obligations              quoted until the entire maximum quantity has
have not been fulfilled.                                           been accounted for,
 ---pagebreak---  18 . 8 . 84                         Official Journal of the European Communities                           No L 221 / 19
— if a maximum refund is fixed, contracts shall be                  tion shall be lodged, in accordance with the rele­
      awarded in accordance with the first indent ; if              vant provisions of Regulation (EEC) No 3183/80,
      after such awards a quantity is still outstanding, or         not later than :
      if there are no tenders quoting an export levy,
      contracts shall be awarded in ascending order of              — the last working day preceding the date of the
      refunds quoted until the entire maximum quantity                   partial invitation to tender to be held the
      has been accounted for, to tenderers quoting a                     following week, or
      refund.                                                       — if no partial invitation to tender is due to be
                                                                         held that week, the last working day of the
 2. However, where an award to a particular tenderer                     following week ;
 in accordance with the provisions of paragraph 1              (c) the obligation to export the tendered quantity and,
would result in the maximum quantity being                          if this obligation is not fulfilled, to pay, where
exceeded, that award shall be limited to such quantity              necessary, the amount referred to in Article 13 (4).
as is still available. Where two or more tenderers quote
 the same levy or the same refund and awards to all of         This right and these obligations are not transferable.
them would result in the maximum quantity being
exceeded, then the quantity available shall be awarded
as follows :
                                                                                         Article 13
— by being divided among the tenderers concerned
      in proportion to the total quantities in each of          1 . The first paragraph of Article 9 of Regulation
      their tenders, or                                        ( EEC) No 2630/81 shall not apply to the white sugar
— by being apportioned among the tenderers                     to be exported in accordance with this Regulation .
      concerned by reference to a maximum tonnage to
      be fixed for each of them , or                           2.     Export licences issued in connection with a
— by the drawing of lots.                                      partial invitation to tender shall be valid from the day
                                                               of issue until 30 September 1985.
                                                               3.     Export licences issued in connection with a
                         Article 11
                                                               partial invitation to tender held between 2 May and 26
                                                               June 1985 shall be used only with effect from 1 July
 1 . The competent authority of the Member State                1985.
concerned shall immediately notify applicants of the
result of their participation in the invitation to tender.     4. Except in cases of force majeure, if the obligation
In addition, that authority shall send successful              to export created by an export licence applied for
tenderers a statement of award.
                                                               within the period referred to under Article 12 (b) has
                                                               not been fulfilled and if the security referred to in
2.      The statement of award shall indicate :                Article 6 is less than :
(a) the reference number of the invitation to which            (a) the export levy indicated on the licence reduced by
      the tender relates ;
                                                                    the levy referred to in the second subparagraph of
(b) the quantity of white sugar to be exported ;                    Article 18 (1 ) of Regulation (EEC) No 1785/81 in
(c) the export levy to be charged, or where applicable              force on the last day of validity of the said licence ;
                                                                    or
      the export refund to be granted, per 1 00 kilograms
     of white sugar of the quantity referred to in (b).        (b) the sum of the export levy indicated on the licence
                                                                    and the export refund referred to in Article 2 of
                                                                    Regulation (EEC) No 766/68 in force on the last
                         Article 12                                 day of validity of the said licence ; or
                                                               (c) the export refund referred to in Article 2 of Regu­
Every successful tenderer shall have :                              lation (EEC) No 766/68 in force on the last day of
                                                                    validity of the licence reduced by the refund indi­
(a) the right to claim in respect of the quantity                   cated on the said licence ;
     awarded, an export licence indicating as appro­
     priate the export levy or the export refund quoted        then, under the time limits and conditions laid down
     in his tender ;
                                                               in Article 33 of Regulation (EEC) No 3183/80 and by
(b) the obligation to lodge, in accordance with the            way of a supplementary security for the quantity in
     relevant provisions of Regulation (EEC) No                respect of which the said obligation was not fulfilled,
     3183/80, an application for an export licence in          the licence holder shall be charged an amount equal
     respect of that quantity, Article 12 (2) of that Regu­    to the difference between the result of the calculation
     lation and Article 10 of Regulation (EEC) No              made under (a), (b) or (c), as the case may be, and the
     645/75 not applying in such a case. The applica­          security referred to in Article 6.
 ---pagebreak--- No L 221 /20                        Official Journal of the European Communities                             18 . 8 . 84
                        Article 14                            price of white sugar applicable with effect from 1 July
                                                               1985 and the intervention price of that sugar
If the tenderer intends to apply for advance fixing of        applicable on 30 June 1985.
the monetary compensatory amount under this
standing invitation to tender, the provisions of the          In calculating the difference referred to in the above
second subparagraph of Article 3 ( 1 ) of Regulation          subparagraph there shall be added to these interven­
(EEC) No 1160/82 shall not apply.                             tion prices the relevant storage levy as referred to
                                                              under (a) of the third subparagraph of Article 8 (2) of
When use is made of the provisions of the first               Regulation (EEC) No 1785/81 .
subparagraph of Article 3 ( 1 ) of that Regulation, those
of the third subparagraph of paragraph 1 and of para­         3.     The request referred to in paragraph 1 must be
graph 2 of that Article shall remain applicable to this       submitted by the export-licence holders concerned,
tendering procedure .                                         before completion of the customs export formalities
                                                              relating to the quantities concerned, to the Member
                                                              State which issued the licence .
                        Article 15
                                                              That Member State shall insert the relevant adjustment
1.    In so far as the conditions set out in Article 12 of    in section 1 8 (a) of the export licence and shall place
Regulation (EEC) No 766/68 are satisfied, any export          its stamp thereon .
refunds and export levies fixed in advance in connec­         The Member States shall inform the Commission
tion with this invitation to tender before 1 July 1985        without delay of the quantities of sugar covered by the
for sugar exported on or after that date shall, at the        requests referred to in paragraph 1 .
request of the party concerned, be adjusted in accor­
dance with paragraph 2.                                                               Article 16
2. For purposes of the adjustment referred to in              This Regulation shall enter into force on 18 August
paragraph 1 , the export refund shall be increased, and       1984 .
the export levy decreased, by the difference, expressed
in ECU per 100 kilograms, between the intervention            It shall apply from 26 April 1985.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 14 August 1984.
                                                                        For the Commission
                                                                        Étienne DAVIGNON
                                                                            Vice-President