CELEX: 31981R0063
Language: en
Date: 1981-01-10 00:00:00
Title: Commission Regulation (EEC) No 63/81 of 9 January 1981 on an invitation to tender for levies or refunds on exports of white sugar to Poland

No L 10/6                               Official Journal of the European Communities                             10 . 1 . 81
                                    COMMISSION REGULATION (EEC) No 63/81
                                                      of 9 January 1981
              on an invitation to tender for levies or refunds on exports of white sugar to
                                                            Poland
THE COMMISSION OF THE EUROPEAN                                    whereas in view of the specific nature of the transac­
COMMUNITIES,                                                      tions in question special detailed rules of application
                                                                  should be laid down in this Regulation, and those
Having regard to the Treaty establishing the European             provided for in Commission Regulation (EEC) No
Economic Community,                                               394/70 of 2 March 1970 on detailed rules for granting
                                                                  export refunds on sugar (6), as amended by Regulation
Having    regard to Council Regulation (EEC) No                   (EEC) No 1467/77 Q, should not be applied ; whereas,
3330/74   of 19 December 1974 on the common orga­                 for the same reason, appropriate provisions should be
nization  of the market in sugar ('), as last amended by          laid down concerning export licences issued in
                                                                  connection with the invitation to tender and these
the Act   of Accession of Greece (2), and in particular
Articles  12 (2), 17 (5), 19 (4) and 34 thereof,                  should take the form of a derogation from Commis­
                                                                  sion Regulation (EEC) No 2990/76 of 9 December
                                                                   1976 on special detailed rules for the application of
Having regard to Council Regulation (EEC) No 608/72               the system of import and export licences for sugar (8),
of 23 March 1972 laying down rules to be applied in               as last amended by Regulation (EEC) No 1367/78 (9),
the case of considerable price rises on the world sugar           from Commission Regulation (EEC) No 3183/80 of 3
market (3), and in particular Article 1 ( 1 ) thereof,            December 1980 laying down common detailed rules
                                                                  for the application of the system of import and export
Whereas the European Council, at its meeting on 1                 licences and advance fixing certificates for agricultural
and 2 December 1980 in Luxembourg, agreed that                    products (10), and from Commission Regulation (EEC)
steps should be taken to facilitate the purchase by               No 645/75 of 13 March 1975 laying down common
Poland of certain agricultural products from the                  detailed rules for the application of the export levies
Community ; whereas in view of the availability of                and charges on agricultural products (' '), as amended
Community sugar it is possible to put at the disposal             by Regulation (EEC) No 1607/80 (12) ;
of Poland some 50 000 tonnes of sugar, divided into
two lots ;
                                                                  Whereas the measures provided for in this Regulation
                                                                  are in accordance with the opinion of the Management
Whereas for this purpose, and in view of developments              Committee for Sugar,
on the world sugar market, an invitation to tender
should be issued to determine the rates of the levies or
refunds necessary for the export of the said quantity to
Poland, account being taken of certain conditions                  HAS ADOPTED THIS REGULATION :
regarding sales to that country at reduced prices ;
Whereas in order to ensure that the sugar is not                                           Article 1
diverted to another destination provision should be
made for the lodging of an appropriate security and                1.    An invitation to tender shall be issued for the
for its release when the sugar has reached its destina­            determination of the export levies or export refunds on
tion according to the relevant Community rules ;
                                                                   a quantity of white sugar of 50 000 tonnes destined for
                                                                   Poland. This quantity shall be divided into two lots, A
Whereas the general rules governing invitations to                 and B.
 tender for the determination of export refunds for
 sugar were laid down in Council Regulation (EEC) No               2. Tenders shall relate to the rate of export levy or
 766/68 of 18 June 1968 laying down general rules for              export refund necessary to ensure this exportation
granting export refunds on sugar (4), as last amended              under the conditions laid down in this Regulation and
 by Regulation (EEC) No 1489/76 0 ; whereas these                  as indicated in the Annex .
 rules should also be applied in respect of an export
 levy ;
                                                                   (6) OJ No L 50, 4. 3 . 1970, p . 1 .
                                                                   0 OJ No L 162, 1 . 7. 1977, p. 6.
(■)  OJ No  L  359, 31 . 12. 1974, p. 1 .                          (8) OJ No L 341 , 10. 12. 1976, p. 14.
 (2) OJ No  L  291 , 19. 11 . 1979, p. 17.                         O OJ No L 166, 23 . 6. 1978, p. 24.
 (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.
 O   OJ No  L  167, 26. 6. 1976, p. 13.                            (12) OJ No L 160, 26. 6. 1980, p. 42.
 ---pagebreak---  10 . 1 . 81                        Official Journal of the European Communities                              No L 10/7
                         Article 2                             2.    Each offer must indicate :
                                                               (a) the reference number of the invitation to tender ;
The tendering procedure shall be conducted in accor­
dance with Regulation (EEC) No 766/68 and the                  (b) the name and address of the tenderer ;
 following provisions. Regulation (EEC) No 394/70              (c) the reference letter of the lot and the quantity to
shall not apply.                                                   be exported ;
                                                               (d) the amount of the export levy or, where appro­
                                                                   priate, of the export refund on the lot referred to
                         Article 3                                 under (c) per 100 kilograms of sugar, expressed in
                                                                   the currency of the Member State in which the
 1.     The Member States shall issue an invitation to             tender is submitted ;
tender which shall be published in the Official                (e) the amount of the tendering security to be lodged
Journal of the European Communities. Member States                 covering the quantity of sugar indicated in (c),
may also publish the notice, or have it published, else­           expressed in the currency of the Member State in
where .                                                            which the tender is submitted.
2. The notice shall indicate in particular the condi­          3.    An offer shall be valid only if :
tions applying to the tenders.                                (a) it relates to a quantity of 5 000 tonnes of sugar ;
                                                              (b) proof is furnished before expiry of the time limit
3. The period during which tenders may be                          for the submission of tenders that the tenderer has
submitted shall begin on the day on which notice of                lodged the security indicated in the tender ;
the invitation to tender is published in the Official         (c) it includes a declaration by the tenderer that if his
Journal of the European Communities and shall                      tender is successful he will within the period laid
expire at 10 a.m. on Wednesday 21 January 1981 .                   down in Article 12 (b) apply for export licences in
                                                                   respect of the quantities of sugar to be exported ;
It may be decided, however, to make no award                  (d) it includes a declaration by the tenderer certifying
pursuant to this invitation to tender. In that case                that the product for export is white sugar of sound,
further invitations to tender will be issued in respect of
the remaining quantities to be submitted within a                  fair and merchantable quality falling within
                                                                   subheading 17.01 A of the Common Customs
period which :                                                     Tariff ;
(a) shall begin on the first working day following            (e) it includes a declaration by the tenderer that if his
     expiry of the preceding period ; and                          tender is successful he will abide by the maximum
(b) shall expire at 10 a.m. on the Wednesday of the                price referred to in Article 4 and that he will
     following week.                                               furnish the proof referred to in Article 12 (c)
                                                                   within the period laid down in Article 12 (b) ;
4. The times specified in this Regulation are                 (f) it contains all the particulars required under para­
Belgian times.                                                     graph 2.
                                                              4. An offer may stipulate that it is to be regarded as
                                                              having been submitted only if the contract awarded
                         Article 4                            relates to all or to a specified part of the tendered
                                                              quantity.
The contractual selling price, including the levy or
refund offered, may not exceed 50-71 ECU per 100              5.     An offer which is not submitted in accordance
kilograms of white sugar.                                     with the provisions of this Regulation, or which
                                                              contains conditions other than those indicated in the
If, however, the closing selling price for the March          notice of invitation to tender, shall not be considered.
1981 position as quoted on the Paris futures market on        6.     Once submitted, a tender may not be withdrawn.
the day prior to the tender in question, multiplied by a
coefficient of 0-90, is less than the amount referred to
in the first subparagraph then the contractual selling                                 Article 6
price may not exceed that quotation as so adjusted.
                                                              1 . The security for tender shall be 15 ECU per 100
                                                              kilograms of sugar to be exported under this invitation
                                                              to tender.
                         Article 5
                                                              For successful tenderers, and by way of derogation
1 . Offers, which must be in writing, shall be either         from the first indent of Article 8 ( 1 ) (d) of Regulation
delivered by hand to the competent authority of a             (EEC) No 2990/76, this security shall constitute the
Member State, against a receipt, or addressed to that         security for the export licence when the application
authority by registered letter, telex or telegram.            referred to in Article 12 (b) is made.
 ---pagebreak--- No L 10/8                           Official Journal of the European Communities                                10 . 1 . 81
2. The tenderer may provide the security either in             graph 1 ; if after such awards a quantity is still outstan­
cash or in the form of a guarantee given by an esta­           ding, or if there are no tenders quoting a levy, then
blishment complying with criteria laid down by the             contracts shall be awarded to tenderers in ascending
Member State in which the tender is submitted .                order of their quoted refunds until the entire lot has
                                                               been accounted for.
3.     Except in case of force majeure, the security for
the tender shall be released only :
                                                                                       Article 10
(a) in respect of any quantity for which no contract
     has been awarded ;                                        If two or more tenderers quote the same levy or the
                                                               same refund and awards to all of them would result in
(b) if a successful tenderer has within the period laid
     down in Article 1 2 (b) applied for an export licence     the quantity of the lot being exceeded then awards
     and only in respect of a quantity for which proof is      shall be made pro rata to the tendered quantities.
     provided of its importation into Poland. This proof
     shall be furnished in accordance with the provi­                                  Article 11
     sions of Article 20 of Regulation (EEC) No
     2730/79 (»).                                              1 . The competent authority of the Member State
                                                               concerned shall immediately notify applicants of the
4.     In case of force majeure, the competent authority       result of their participation in the invitation to tender.
of the Member State concerned shall take such action
as it considers necessary having regard to the circum­         In addition, that authority shall send successful tende­
stances invoked by the party concerned.                        rers a statement of award.
                                                               2.     The statement of award shall indicate :
                         Article 7
                                                               (a) the reference number of the invitation to tender ;
1 . Tenders shall be examined in private by the                (b) the reference letter of the lot and the quantity to
competent authority concerned. Subject to paragraph                 be exported ;
2, persons present at the examination shall be under         ' (c) the export levy to be charged, or where applicable
an obligation not to disclose any particulars relating              the export refund to be granted, per 100 kilograms
thereto.
                                                                    of white sugar of the quantity referred to in (b).
2.     Tenders shall be communicated to the Commis­
sion forthwith and in such manner that the tenderers                                   Article 12
remain anonymous.
                                                               Every successful tenderer shall have :
                         Article 8
                                                               (a) the right to be issued in respect of the quantity
                                                                    awarded, and subject to the conditions in (c), with
Account being taken of the current state and foresee­               an export licence indicating as appropriate the
                                                                    export levy or the export refund quoted in the
able development of the Community and world sugar                   tender ;
markets and the conditions governing the sale as laid
down in Article 4, there shall be fixed for each lot           (b) the obligation to lodge in accordance with the rele­
either :                                                            vant provisions of Regulation (EEC) No 3183/80
                                                                    an application for an export licence in respect of
— a minimum export levy, or                                         that quantity, Article 5 (3) of that Regulation and
— a maximum export refund.                                          Article 10 of Regulation (EEC) No 645/75 not
                                                                    applying in such a case.
                                                                    The application shall be lodged not later than 15
                         Article 9                                  days following the last day for submitting the
                                                                    tenders concerned ;
 1.    Where a minimum export levy is fixed the                (c) the obligation to provide the authority of the
contract shall be awarded to the tenderer or tenderers
                                                                    Member State to which the tender was submitted,
quoting the highest levy. If the whole of the lot is not            and this within the period referred to in (b), proof
covered by that award then awards shall be made to                  that the maximum selling price referred to in
other tenderers in descending order of their quoted                 Article 4 has not been exceeded ; such proof shall
 levies until the entire lot has been accounted for.
                                                                    be provided in the form of a certified copy of the
                                                                    contract of sale entered into by the successful
 2. Where a maximum export refund is fixed the                      tenderer and the competent authority in Poland.
 contract shall be awarded in accordance with para­
                                                               This right and these obligations shall not be trans­
(') OJ No L 317, 12. 12. 1979, p. 1 .                           ferable .
 ---pagebreak--- 10 . 1 . 81                           Official Journal of the European Communities                             No L 10/9
                         Article 13                               — 'Pologne ,
                                                                  —    'Polen',
1 . Article 9 of Regulation (EEC) No 2990/76 and                  —    'Polen',
Article 8 (4) and (5) of Regulation (EEC) No 3183/80
shall not apply to white sugar to be exported in accor­           —    'Poland',
dance with this Regulation.                                       —    'Polonia',
                                                                  —    'Polen',
2. Export licences issued in connection with this
                                                                  —    'Polen',
invitation to tender shall be valid from the day of issue
                                                                   — Tlotaovia'.
until 30 June 1981 .
                                                                   4.    The licence carries the obligation to export to
3.      In addition to the endorsements required under             Poland.
Article 2 (2) and (3) of Regulation (EEC) No 2990/76,
section 13 of the application for licences and of the                                          Article 14
export licences issued in connection with this invita­
tion to tender shall include one of the following                  This Regulation shall enter into force on 10 January
endorsements :                                                     1981 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 9 January 1981 .
                                                                               For the Commission
                                                                                Finn GUNDELACH
                                                                         Member of the Commission
                                                            ANNEX
               Reference     Quantity                                                                Deadline
                 of the         in                Packaging               Delivery stage                for
                   lot        tonnes                                                                  delivery
                   A           5 000       Paper sacks            Free-at-frontier         in     30 June 1981
                                           (50 kilograms)         railway wagons : either
                                                                  FRG /GDR         or    FRG /
                                                                  Czechoslovakia
                    B         45 000       Jute sacks             Fob Rouen                       30 June 1981
                                           (50 kilograms)