CELEX: 31989R0999
Language: en
Date: 1989-04-19 00:00:00
Title: Commission Regulation (EEC) No 999/89 of 17 April 1989 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar

No L 107/6                               Official Journal of the European Communities                                   19. 4. 89
                                        COMMISSION REGULATION (EEC) No 999/89
                                                         of 17 April 1989
                   on a standing invitation to tender to determine levies and/or refunds on exports
                                                          of white sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         amended by Regulation (EEC) No 1714/88 Q, should not
                                                                    apply ; whereas, for the same reasons, appropriate provi­
                                                                    sions should be laid down with regard to export licences
                                                                    issued in connection with the standing invitation to
Having regard to the Treaty establishing the European               tender and there should be a derogation from Commis­
Economic Community,                                                 sion Regulation (EEC) No 2630/81 of 10 September 1981
                                                                    on special detailed rules for the application of the system
                                                                    of import and export licences for sugar (8), as last amended
                                                                    by Regulation (EEC) No 171 4/8 8 ; whereas, however, the
                                                                    provisions of Commission Regulation (EEC) No 3719/88
Having regard to Council Regulation (EEC) No 1785/81
                                                                    of 16 November 1988 laying down common detailed
of 30 June 1981 on the common organization of the
markets in the sugar sector ('), as last amended by Regula­
                                                                    rules for the application of the system of import and
                                                                    export licences and advance fixing certificates for agricul­
tion (EEC) No 2306/88 (2), and in particular Articles 13            tural products (9), and those of Commission Regulation
(2), 18 (5), 19 (4) and (7) and the second subparagraph of
Article 39 thereof,
                                                                    (EEC) No 120/89 of 19 January 1989 laying down
                                                                    common detailed rules for the application of the export
                                                                    levies and charges on agricultural products (10), should
                                                                    remain applicable ;
Having regard to Council Regulation (EEC) No 608/72 of
23 March 1972 laying down rules to be applied in the
case of considerable price rises on the world sugar
markets (3), and in particular Article 1 ( 1 ) thereof,
                                                                    Whereas the second subparagraph of Article 3 ( 1 ) of
                                                                    Commission Regulation (EEC) No 3155/85 of 11
                                                                    November 1985 providing for the advance fixing of
Whereas, in view of the situation on the Community and               monetary compensatory amounts ("), as last amended by
world sugar markets, a standing invitation to tender                Regulation (EEC) No 3521 /88 (u), provides that, where
should be issued as soon as possible for the export of              the levy or refund is fixed in advance by means of
white sugar in respect of the 1989/90 marketing year
                                                                    tenders, applications to fix the monetary compensatory
which, having regard to possible fluctuations in world
                                                                    amount in advance shall be accepted only if the party
                                                                    concerned has declared in writing at the time of submis­
prices for sugar, must provide for the determination of
                                                                    sion of the tender that he will also apply to fix the mone­
export levies and/or export refunds ;                                tary 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 the levy or refund
                                                                     in advance following acceptance of the tender involves an
Whereas the general rules governing invitations to tender            obligation to request at the same time advance fixing of
for the purpose of determining export refunds for sugar              the monetary compensatory amount ; whereas, for reasons
were laid down in Council Regulation (EEC) No 766/68                 peculiar to the market in sugar, when an operator intends
of 18 June 1968 laying down general rules for granting               to make use of the facility of fixing a monetary compen­
export refunds on sugar (4), as last amended by Regulation           satory amount in advance in connection with an export
(EEC) No 1489/76 0 ;                                                 levy or refund fixed in advance under a tendering proce­
                                                                     dure he only makes up his mind to do so at the moment
                                                                     when the application for the export licence is made ;
                                                                     whereas it is only after he has been declared successful in
Whereas, in view of the specific nature of the transactions          respect of a levy or refund for the quantity of sugar indi­
 involved, special detailed rules should be laid down in             cated in his tender that the said monetary compensatory
this Regulation, and those provided for in Commission                amount can be fixed in advance ; whereas, in conse­
Regulation (EEC) No 394/70 of 2 March 1970 on detailed               quence, a derogation should be made from the said provi­
rules for granting export refunds on sugar (6), as last              sion in the case of this tendering procedure, so that appli
(') OJ  No   L 177, 1 . 7. 1981 , p. 4.                              O OJ    No L 152, 18 . 6. 1988, p. 23.
(2) OJ  No   L 201 , 27. 7. 1988 , p. 65.                            (8) OJ  No L 258, 11 . 9. 1981 , p. 16.
(3) OJ  No   L 75, 28. 3 . 1972, p. 5.                               0 OJ    No L 331 , 2. 12. 1988, p. 1 .
(4) OJ  No   L 143, 25. 6. 1968 , p. 6.                              (10) OJ No L 16, 20. 1 . 1989, p. 19 .
I5) OJ No L 167, 26. 6. 1976, p. 13.                                 (u) OJ  No L 310, 21 . 11 . 1985, p. 22.
 «) OJ No L 50, 4. 3. 1970, p. 1 .                                   (12) OJ No L 307, 12. 11 . 1988, p. 28 .
 ---pagebreak---   19 . 4 . 89                            Official Journal of the European Communities                               No L 107/7
- cation for advance fixing of the monetary compensatory           — Wednesday, 15 and 22 November 1989 shall end on
  amount at the time when the application for the export                 Tuesday, 14 and 21 November 1989 respectively at
  licence is made should be possible ;                                   10.30 a.m .
  Whereas the measures provided for in this Regulation are         — Wednesday, 6 December 1989 shall end on Thursday,
  in accordance with the opinion of the Management                       7 December 1989 at 10.30 a.m .
  Committee for Sugar,
                                                                   4. Notwithstanding paragraph 2, no partial invitations
                                                                   to lender will be issued on Wednesday, 27 December
                                                                    1989 .
  HAS ADOPTED THIS REGULATION :
                                                                    5. The time-limits laid down in this Regulation are
                            Article 1                               expressed in Belgian time.
  1 . A standing invitation to tender shall be issued in
                                                                                               Article 5
  order to determine export levies and/or export refunds on
  white sugar. During the period of validity of this standing       1.      Offers in connection with this tender must be in
  invitation, partial invitations to tender shall be issued.        writing, and must be either delivered by hand, against a
  2.      The standing invitation to tender shall remain open       receipt, to the competent authority in a Member State, or
  until 16 May 1990.                                                addressed to that authority by registered letter, telex, tele­
                                                                    gram or fax message.
                            Article 2                               2.      An offer must indicate :
  The standing invitation to tender and the partial invita­         (a) the reference number of the invitation to tender to
  tions shall be conducted in accordance with Regulation                 which the offer relates ;
  (EEC) No 766/68 and with the following provisions.                (b) the name and address of the tenderer ;
  Regulation (EEC) No 394/70 shall not apply.
                                                                    (c) the quantity of white sugar to be exported ;
                             Article 3                              (d) the amount of the export levy or, where applicable, of
                                                                         the export refund, per 100 kilograms of white sugar,
   1.     The notice of the invitation to tender shall be                expressed in the currency of the Member State in
   published in the Official Journal of the European                     which the tender is submitted ;
   Communities. Member States may also publish the notice,          (e) the minimum amount of the security to be lodged
   or have it published, elsewhere.                                      covering the quantity of sugar indicated in (c),
   2.     The notice shall indicate in particular the terms of           expressed in the currency of the Member State in
                                                                         which the tender is submitted.
   the invitation to tender.
   3. The notice may be amended during the period of                3.      An offer shall be valid only if :
   validity of the standing invitation to tender. It shall be so    (a) the quantity to be exported is not less than 250 tonnes
   amended if the terms of the invitation to tender are modi­
                                                                         of white sugar ;
   fied during that period.
                                                                    (b) proof is furnished before expiry of the time-limit for
                             Article 4
                                                                         the submission of tenders that the tenderer has lodged
                                                                         the security indicated in the tender ;
   1 . The period during which tenders may be submitted             (c) it includes a declaration by the tenderer that if his
   in response to the first partial invitation to tender :                tender is successful he will, within the period laid
   (a) shall begin on 22 April 1 989 ;                                   down in Article 12 (b), apply for an export licence or
                                                                          licences in respect of the quantities of white sugar to
   (b) shall end on 3 May 1989 at 10.30 a.m.                             be exported ;
   2. The periods during which tenders may be submitted             (d) it includes a declaration by the tenderer that if his
   in response to the second and subsequent partial invita­               tender is successful he will :
   tions :
                                                                         — where the obligation to export resulting from the
   (a) shall begin on the first working day following the end                 export licence referred to in Article 12 (b) is not
       of the preceding period ;                                              fulfilled, supplement the security by payment of
                                                                              the amount referred to in Article 1 3 (4), and
   (b) shall end at 10.30 a.m. on the Wednesday of the
       following week.                                                   — within 30 days following the expiry of the export
                                                                              licence in question, notify the agency which issued
   3.     Notwithstanding paragraph 2 (b), the period for the                 the licence of the quantity or quantities in respect
   submission of tenders which was to end on                                  of which the licence was not used ;
   — Wednesday, 1 November 1989 shall end on Tuesday,                (e) it contains all the information required under para­
       31 October 1989 at 10.30 a.m .,                                    graph 2.
 ---pagebreak--- No L 107/8                                Official Journal of the European Communities                                 19 . 4. 89
4. A tender may stipulate that it is to be regarded as                   resulting from the licence referred to under Article 1 2
having been submitted only if :                                          (b) in accordance with the terms of Article 33 of that
                                                                         Regulation.
( a) the minimum export levy or, where applicable, the
      maximum export refund is fixed on the day of the                   The part of the security or the security which is not
      expiry of the period for the submission of the tenders             released shall be forfeit in respect of the quantity of
      in question ;                                                      sugar for which the corresponding obligations have
                                                                         not been fulfilled.
( b) the tender, if successful, relates to all or a specified
      part of the tendered quantity.                                4.     In case of force majeure, the competent authority of
                                                                    the Member State concerned shall take such action as it
 5.     A tender which is not submitted in accordance with          considers necessary having regard to the circumstances
  :he provisions of this Regulation, or which contains terms        invoked by the party concerned.
 other than those indicated in the present invitation to
  :ender, shall not be considered.
                                                                                               Article 7
  5.     Once submitted, a tender may not be withdrawn.              1 . Tenders shall be examined in private by the compe­
                                                                    tent authority concerned. The persons present at the
                                                                    examination shall be under an obligation not to disclose
                             Article 6                              any particulars relating thereto.
                                                                     2.    Tenders shall be communicated to the Commission
  1 . A security of ECU 9 per 1 00 kilograms of white
                                                                     forthwith and in such a manner that the tenderers remain
  sugar to be exported under this invitation to tender must
  3e lodged by each tenderer. Without prejudice to Article          anonymous.
  13 (3), this security shall in the case of successful tende­
  rers and at the time of the application referred to in                                       Article 8
 Article 12 (b) become the security for the export licence.
                                                                     1.    After the tenders received have been examined, a
  2.     The security may be lodged at the tenderer's choice,        maximum quantity may be fixed for the partial invitation
  either in cash or in the form of a guarantee given by an           concerned.
  establishment complying with criteria laid down by the
  Member State in which the tender is submitted .                    2. A decision may be taken to make no award under a
                                                                     specific partial invitation to tender.
  3. Except in cases of force majeure the security referred
  to in paragraph 1 will be released :
                                                                                               Article 9
  (a) to unsuccessful tenderers in respect of the quantity for
      which no award has been made ;                                 1 . In the light of the current state and foreseeable
                                                                     development of the Community and world sugar markets,
  (b) to successful tenderers who have not applied for the           there shall be fixed either :
       relevant exort licence within the period referred to in
      Article 12 (b), to the extent of ECU 8 per 100 kilo­                a minimum export levy,
      grams of white sugar.                                               or
                                                                     — a maximum export refund.
       However, this part of the releasable security shall be
       reduced by the amount representing the difference             2. Subject to Article 10, where a minimum export levy
       existing, as applicable :                                     is fixed, a contract shall be awarded to every tenderer
                                                                     whose tender quotes a rate of refund equal to or greater
       — between the maximum amount of the export                    than such minimum levy.
           refund fixed for the partial invitation concerned
           and the maximum amount of the export refund               3 . Subject to Article 10, where a maximum export
           fixed for the following partial invitation when the       refund is fixed, a contract shall be awarded to every
           latter amount is higher than the former,                  tenderer whose tender quotes a rate of refund equal to or
           or                                                        less than such maximum refund and to every tenderer
                                                                     who has tendered for an export levy.
       — between the minimum amount of the export levy
           fixed for the partial invitation concerned and the
           minimum amount of the export levy fixed for the                                     Article 10
           following partial invitation when the latter amount
           is lower than the former ;                                 1 . Where a maximum quantity has been fixed for a
                                                                      partial invitation to tender :
  (c) to successful tenderers for the quantity for which they
       have fulfilled, within the meaning of Article 29 (b)          — if a minimum levy is fixed, a contract shall be
       and the first subparagraph of Article 30 ( 1 ) (b) (i) of          awarded to the tenderer whose tender quotes the
       Regulation (EEC) No 3719/88, the export obligation                 highest levy ; if the maximum quantity is not fully
 ---pagebreak--- 19 . 4. 89                            Official Journal of the European Communities                                No L 107/9
     covered by that award, awards shall be made to other            quantity, the application not being revocable and
     tenderers in descending order of levies quoted until            Article 12 of Regulation (EEC) No 120/89 not
     the entire maximum quantity has been accounted for,             applying in such a case. The application shall be
— if a maximum refund is fixed, contracts shall be
                                                                     lodged in accordance with the relevant provisions of
     awarded in accordance with the first indent ; if after
                                                                     Regulation (EEC) No 3719/88, not later than :
     such awards a quantity is still outstanding, or if there        — the last working day preceding the date of the
     are no tenders quoting an export levy, contracts shall               partial invitation to tender to be held the following
     be awarded in ascending order of refunds quoted until               week,
     the entire maximum quantity has been accounted for,
                                                                          °r
     to tenderers quoting a refund.
                                                                     — if no partial invitation to tender is due to be held
2. However, where an award to a particular tenderer in                    that week, the last working day of the following
accordance with the provisions of paragraph 1 would                       week ;
result in the maximum quantity being exceeded, that
award shall be limited to such quantity as is still available.  (c) the obligation to export the tendered quantity and, if .
Where two or more tenderers quote the same levy or the               this obligation is not fulfilled, to pay, where necessary,
same refund and awards to all of them would result in the            the amount referred to in Article 13 (4).
maximum quantity being exceeded, then the quantity
available shall be awarded as follows :                         This right and these obligations are not transferable.
— by being divided among the tenderers concerned in
     proportion to the total quantities in each of their
                                                                                            Article 13
     tenders, or
— by being apportioned among the tenderers concerned             1 . The first paragraph of Article 9 of Regulation (EEC)
     by reference to a maximum tonnage to be fixed for           No 2630/81 shall not apply to the white sugar to be
     each of them, or
                                                                 exported in accordance with this Regulation.
— by the drawing of lots.
                                                                 2. Export licences issued in connection with a partial
                                                                 invitation to tender shall be valid from the day of issue
                          Article 11
                                                                 until the end of the fifth calendar month following that
                                                                 in which the partial invitation was issued.
1 . The competent authority of the Member State                  However, export licences issued in respect of the partial
concerned shall immediately notify applicants of the             invitations held after 1 May 1990 will be valid only until
result of their participation in the invitation to tender. In    30 September 1990.
addition, that authority shall send successful tenderers a
statement of award.
                                                                 3. The export licences issued in respect of the partial
                                                                 invitations held between 3 May 1989 and 14 September
2.      The statement of award shall indicate :                  1989 will be usable only from 15 September 1989.
(a) the reference number of the invitation to which the          4. Except in cases of force majeure, if the obligation to
      tender relates ;                                           export resulting from the export licence referred to under
(b) the quantity of white sugar to be exported ;                 Article 12 (b) has not been fulfilled and if the security
                                                                 referred to in Article 6 is less than :
£c) the export levy to be charged, or where applicable the
      export refund to be granted, per 100 kilograms of          (a) the export levy indicated on the licence reduced by
      white sugar of the quantity referred to in (b).                 the levy referred to in the second subparagraph of
                                                                      Article 18 (1 ) of Regulation (EEC) No 1785/81 in
                                                                      force on the last day of validity of the said licence,
                          Article 12                                  or
                                                                 (b) the sum of the export levy indicated on the licence
Every successful tenderer shall have :                                and the refund referred to in Article 2 of Regulation
                                                                      (EEC) No 766/68 in force on the last day of validity of
(a) the right to receive in the circumstances referred to             the said licence,
      under (b), in respect of the quantity awarded, an
      export licence indicating, as appropriate, the export           or
      levy or the export refund quoted in his tender ;
                                                                 (c) the export refund referred to in Article 2 of Regulation
(b) the obligation to lodge, in accordance with the rele­             (EEC) No 766/68 in force on the last day of validity of
      vant provisions of Regulation (EEC) No 3719/88, an              the licence reduced by the refund indicated on the
      application for an export licence in respect of that            said licence,
 ---pagebreak--- No L 107/ 10                           Official Journal of the European Communities                                  19 . 4. 89
then, for the quantity in respect of which the said obliga­           price for white sugar in force on 30 June 1989 and
tion was not fulfilled, the licence holder shall be charged           the intervention price for that sugar applicable with
an amount equal to the difference between the result of               effect from 1 July 1989.
the calculation made under (a), (b) or (c), as the case may
be, and the security referred to in Article 6 (1 ).              3.     For the calculation of the differences referred to in
                                                                 paragraph 2, the intervention prices in question shall be
                          Article 14                             increased by the corresponding storage levy referred to in
                                                                 the second subparagraph of Article 8 (2) of Regulation
If the tenderer intends to apply for advance fixing of the       (EEC) No 1785/81 .
monetary compensatory amount under this standing invi­
tation to tender, the provisions of the second paragraph of      4. For the purpose of applying this Article, the
Article 3.(1) of Regulation (EEC) No 3155/85 shall not           Member State issuing the relevant export licence shall at
apply.                                                           the time of issue complete section 'special particulars' by
                                                                 adding the following :
                          Article 15
                                                                      'to be adjusted in accordance with adjudication Regu­
1.     If the terms of Article 12 of Regulation (EEC) No              lation (EEC) No 999/89 for exports which take place
766/68 apply, the export refunds and export levies fixed              after 30 June     ' (1989 or 1990 as applicable).
in advance under the terms of the present invitation to
tender :                                                         5. Upon presentation by the holder of the export
                                                                 licence concerned, or by the assignee when the licence
(a) before 1 July 1989, for the sugar exported as from that      has been transferred, to the Member State that issued it
    date ;                                                       and before the customs formalities for the quantities
                                                                 concerned have been carried out, that Member State shall
(b) before 1 July 1990, for the sugar exported as from that
     date ;                                                      enter the adjustment to be made in section 'special parti­
                                                                 culars' and shall duly certify and stamp that section.
shall be adjusted.
                                                                  6. For the adjustment referred to in paragraph 1 (b) the
2. For the adjustment referred to in paragraph 1 (a) :            provisions of = paragraphs 2 to 5 shall be applicable
(a) in the event of the fixing of an intervention price for       mutatis mutandis.
     white sugar applicable with effect from 1 July 1989
                                                                  7.     The Member States shall inform the Commission as
     which is greater than that in force on 30 June 1989,
     the export refund and the export levy shall be adjusted      quickly as possible of the quantities of sugar for which an
     by an amount equal to the difference expressed in            adjustment under this Article has been made.
     ecus per 100 kilograms existing between the interven­
     tion price for white sugar applicable with effect from                                Article 16
     1 July 1989 and the intervention price for that sugar
     in force on 30 June 1989 ;                                   The standing invitation to tender referred to in Commis­
(b) in the event of the fixing of an intervention price for       sion Regulation (EEC) No 1035/88 (') shall be closed on
     white sugar applicable with effect from 1 July 1989          18 May 1 989.
     which is lower than that in force on 30 June 1989, the
     export refund and the export levy shall be adjusted by                                 Article 1 7
     an amount equal to the difference expressed in ecus
     per 100 kilograms existing between the intervention          This Regulation shall enter into force on 22 April 1989.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 17 April 1989.
                                                                            For the Commission
                                                                              Ray MAC SHARRY
                                                                         Member of the Commission
                                                                  (') OJ No L 102, 21 . 4. 1988, p. 14.