CELEX: 31969R1987
Language: en
Date: 1969-10-08 00:00:00
Title: Regulation (EEC) No 1987/69 of the Commission of 8 October 1969 laying down detailed rules concerning the sale by tender of sugar by intervention agencies

424                                    Official Journal of the European Communities
9.10.69                                Official Journal of the European Communities                            No L 253 /7
                                REGULATION (EEC) No 1987/69 OF THE COMMISSION
                                                      of 8 October 1969
               laying down detailed rules concerning the sale by tender of sugar by intervention
                                                           agencies
 THE   COMMISSION           OF     THE  EUROPEAN      COM­        of the fact that the object of the invitation is to
MUNITIES,                                                         determine either the selling price to be paid for the
                                                                  sugar by the successful tenderer, the amount of the
Having regard to the Treaty establishing the                      denaturing premium or the amount of the export
European Economic Community;                                      refund ;
Having      regard       to    Council    Regulation     No       Whereas, however, to facilitate participation by a
 1009/67/EEC1 of 18 December 1967 on the common                   greater number of interested parties in the invitation
 organisation of the market in sugar, as last amended             to tender, special rules should be laid down and
by Regulation (EEC ) No 1398/69,2 and in particular               provision made in particular for the possibility, with
Articles 9 ( 8 ), 10 (3 ), 11 (2), 17 (4) and 38 thereof;   '      regard to the quantity of sugar offered for sale, of
                                                                  fixing a maximum quantity per tenderer; whereas,
Whereas Council Regulation (EEC) No 447/683 of 9                  moreover, in view of the frequent fluctuations in
April 1968 laying down general rules for intervention             sugar prices and quotations, the tenderer should not
buying of sugar, as amended by Regulation (EEC)                   be obliged to abide by his tender if the award is made
No 1395 /69,4 provides that sugar shall be sold by                 after the date and time specified by him ;
intervention agencies either by tender or by another
sales procedure but by tender only when sugar is                  Whereas, by reason in particular of storage costs and
intended for animal feed or for export; whereas                   the rules in this respect provided for in Article 8 of
detailed rules for sale by tender should therefore be             Regulation No 1009/67/EEC, it is essential to specify
laid down ;                                                       when ownership of the sugar is transferred;
Whereas, to ensure equal treatment to all interested              Whereas, for the purpose of determining the grade of
parties in the Community, invitations to tender issued            the white sugar and the yield of the raw sugar sold,
by the competent authorities of the Member States                  criteria must be adopted which are identical with
must conform to uniform rules ; whereas in this                   those provided for in Commission Regulation (EEC)
connection provision must be made to ensure that the              No 782/687 of 26 June 1968 laying down detailed
sugar is actually put to the intended use;                         rules for the buying-in of sugar by intervention
                                                                   agencies, as last amended by Regulation (EEC) No
Whereas provisions for the tendering procedure may,                1765 /698 ; whereas equal treatment for all interested
for the most part, be modelled on those provisions                parties may be ensured only by the introduction of
which have been adopted for fixing export refunds                  uniform and precisely defined provisions on adjusting
by tender and in particular those contained in                     either the selling price, the denaturing premium or
Commission Regulation (EEC) No 839/685 of 28                       the export refund and correcting the export licence
June 1968 on detailed rules for the application of                 where the sugar is found to be of a quality other than
export refunds on sugar, as last amended by                        that indicated in the invitation to tender;
Regulation (EEC) No 1163/69,® account being taken
                                                                   Whereas, to make it possible for denaturing to be
1 OJ No 308 , 18.12.1967, p. 1 .                                   effected on the territory of any Member State, it
2 OJ No L   179, 21.12.1969, p. 13 .                               should be specified that when sugar is denatured in a
 3 OJ No L  91 , 12.7.1968 , p. 5 .
4 OJ No L   179, 21.7.1969, p. 4.
5 OJ No L   151 , 30.6.1968 , p. 47.                               7 OJ No L 145 , 27.6.1968 , p. 6.
6 OJ No L   151 , 25.6.1969, p. 9 .                                8 OJ No L 226, 6.9.1969, p. 19.
 ---pagebreak---                                      Official Journal of the European Communities                                       425
Member State other then the Member State which                  ( a ) the total quantity put up for tender;
issued the invitation to tender the latter must supply
the Member State in which denaturing was effected               ( b) the intended use;
with the information it needs concerning the                    ( c) the time limit for the submission of tenders ;
successful tenderer;
                                                                (d) the price to be paid by the successful tenderer if
Whereas the measures provided for in this Regulation                  the sugar is intended for animal feed or for
are in accordance with the Opinion of the Manage­                     export.
ment Committee for Sugar;
                                                                2.      Additional terms may be determined, including :
HAS ADOPTED THIS REGULATION :                                   (a) the minimum price for sugar offered for sale for
                                                                      purposes other than animal feed or export;
                          Article 1
                                                                (b) the maximum amount of the denaturing premium
                                                                      or the export refund ;
 1 . This Regulation lays down detailed rules for the
 sale by tender of sugar bought in by intervention               ( c) the minimum quantity per tenderer or per lot;
 agencies.
                                                                (d) the maximum quantity per tenderer or per lot;
2. An award under the tendering procedure shall                  (e) the special period of validity of the denaturing
be equivalent to the conclusion of a contract of sale                 premium certificate or of the export licence.
for the quantity of sugar awarded. The award shall
be made either on the basis of:
(a) the price to be paid by the successful tenderer,                                         Article 4
(b) the amount of the denaturing premium, or
                                                                1 . The invitation to tender shall be issued by the
(c) the amount of the export refund,                            appropriate intervention agency for the quantities of
                                                                sugar held by it.
 indicated in the tender.
3.       The price to be paid by the successful tenderer        2.      The intervention agency shall draw up an
                                                                invitation to tender. The invitation shall indicate :
shall be :
(a) the price indicated in the tender in the case of             ( a) the name and address of the intervention agency
       paragraph 2 (a);                                                issuing the invitation to tender;
 (b) the price indicated in the terms of the invitation         (b) the terms of the invitation to tender;
       to tender in the case of paragraph 2 (b) and (c).         (c) the time limit for the submission of tenders ;
                                                                (d) the lots of sugar put up for tender and for each
                          Article 2                                    lot :
                                                                      — the number;
For the purposes of this Regulation,
                                                                      — the quantity;
 1 . 'intended use' means :
                                                                      — the quality, by grade for white sugar and by
     (a) animal feed;                                                        yield for raw sugar;
     (b) export;                                                       — the type of packaging;
                                                                      — the location of the warehouse in which the
     (c) other purposes which may be determined.
                                                                             sugar is stored;
2. 'lot' means :                                                      — the delivery stage;
     a quantity of sugar of the same quality, packaged                 — the presentation, where appropriate;
     in the same way and stored in the same place.                    — facilities, if any, for loading onto a means of
                                                                             transport by inland waterway, sea or rail.
                          Article 3
                                                                3 . The invitation to tender shall be published in
 1 . For the purpose of putting the sugar in question           the Official Journal of the European Communities.
up for tender, the following terms shall be                      The intervention agency may also publish the
determined :                                                    invitation to tender, or have it published, elsewhere.
 ---pagebreak---  426                                 Official Journal of the European Communities
4. The invitation shall be published in the Official            5 . A tender may stipulate that it may be treated as
Journal of the European Communities at least ten                submitted only if the award :
days before the time limit for the submission of
tenders expires.                                                ( a) relates to all or a specified part of the quantity
                                                                     indicated in the tender,
                         Article 5                              (b) is made not later than a time and date specified
                                                                      by the tenderer.
1 . Tenderers shall either lodge a tender in writing            6.     A tender which is not submitted in accordance
against a receipt, with the intervention agency, or             with the provisions of this Article or which contains
address the tender to the intervention agency by                terms other than those indicated in the invitation to
registered letter, telex or telegram.                           tender shall not be taken into consideration.
2.     The tender shall indicate :
                                                                                            Article 6
( a) the invitation to which the tender relates ;
(b) the name and address of the tenderer ;                      1.     The deposit required for the invitation to tender
                                                                shall be :                                            '
(c) the number of the lot;
                                                                ( a) 0-5 units of account per 100 kilogrammes of
 (d) the quantity to which the tender relates ;                      white or raw sugar, for the intended uses referred
(e) per 100 kilogrammes, either                                       to in Article 2 ( 1 ) (a) and (c);
     — the price proposed, excluding              internal      (b) one unit of account per 100 kilogrammes of
         charges, or                                                 white or raw sugar, for the intended use referred
     :— the amount of the denaturing premium                         to in Article 2 ( 1 ) (b).
         proposed, or
     — the amount of the export refund proposed,                2.     The tenderer may lodge the deposit either in
                                                                cash or in the form of a guarantee by an
     in the currency of the Member State in which               establishment complying with criteria laid down by
     the intervention agency issues the invitation;             each Member State.
(f) in the case of denaturing, the Member State in
     which the sugar will be denatured.                         Each Member State shall notify the Commission of
                                                                the criteria referred to in the preceding paragraph
                                                                and the Commission shall in turn inform the other
Tenderers may be required to furnish additional                 Member States .
information.
3 . A tender relating to several lots shall be                              1               Article 7
regarded as constituting as many tenders as the lots
involved .
                                                                Where the terms of the invitation to tender do not
                                                                specify either a minimum price or a maximum
4.     A tender shall be valid only if:                         amount for the denaturing premium or the export
                                                                refund, these shall be fixed in accordance with the
(a) proof is furnished before the time limit for the            provisions of Article 40 of Regulation No
     submission of tenders expires and that the                 1009/67/EEC after examination of the tenders,
     tenderer has lodged the deposit required for the           account being taken of market conditions and
     invitation to tender;                                      potential outlets. However, a decision may be taken
                                                                to discontinue the invitation to tender.
(b) it includes a declaration by the tenderer that, if
     his tender is successful, he will :
     — apply for a denaturing premium certificate                                           Article 8
         and lodge the deposit required in this
         connection, where the invitation to tender             1 . Without prejudice to the provisions of
         relates to sugar intended for animal feed;             paragraphs 2 and 3 , the award shall be made to any
     — apply for an export licence and lodge the                tenderer whose tender is not less than the minimum
         deposit required in this connection, where the         price or whose tender does not exceed the maximum
         invitation to tender relates to sugar intended         amount of the denaturing premium or the export
         for export.                                            refund.
 ---pagebreak---                                         Official Journal of the European Communities                                      427
2. For any one lot, the award shall be made to the                        quantity of sugar in question immediately on
tenderer who proposes either the highest price or the                     receipt of an attestation from the Member State
lowest denaturing premium or export refund.                               which issued the invitation to tender;
If the lot is not competely accounted for by that                  ( b) shall notify the Member State which issued the
tender, awards shall be made to the tenderers whose                       invitation to tender that the certificate has been
tenders contain the next highest price or the next                        issued.
lowest denaturing premium or export refund.
                                                                   4. The attestation referred to in paragraph 3 shall
3 . If, in the case of a lot or part of a lot, several             indicate in particular:
tenderers propose either the same price or the same
 amount for the denaturing premium or the export                   ( a) the name and address of the successful tenderer,
refund, the intervention agency in question shall                  (b) the amount of the denaturing premium,
award the quantity concerned :
(a) either in proportion to the quantities indicated in              ( c) the quantity of sugar in question .
       the tenders in question ;
                                                                                             Article 10
(b) or by dividing that quantity between the
       tenderers in agreement with them ;                            I
                                                                   1 . The intervention agency concerned shall
 ( c) or by drawing lots.                                          immediately notify all tenderers of the outcome of
                                                                   their participation in the invitation to tender. The
                            Article 9                              agency shall also send a statement of award to the
                                                                   successful tenderers .
 1 . An award shall :
                                                                   2.       Statements    of  awards     shall   indicate   in
 (a) if the sugar is intended for animal feed:                     particular :
       — confer the right to the issue, in respect of the          (a) the invitation to which the tender relates ;
            quantity awarded, of a denaturing premium
            certificate showing the denaturing premium             (b) the number of the lot and the quantity in respect
            specified in the tender,                                      of which the award is made;
       — entail the obligation to apply for such a                 (c) the price, the amount of the denaturing premium
            denaturing premium certificate in respect of                  or the amount of the export refund, as the case
            that quantity;                                                may be, accepted for the quantity referred to
                                                                          under (b).
 (b) if the sugar is intended for export:
                                                                                             Article 11
       — confer the right to the issue, in respect of the
            quantity awarded, of an export licence
            showing the refund specified in the tender             1.       The sugar purchased shall be removed from
            and, in the case of white sugar, the grade              store not later than four weeks following the date on
            specified in the invitation to tender,                 which the statement referred to in Article 10 is
                                                                   received.
       — entail the obligation to apply for such an
            export licence in respect of that quantity and         2.       The sugar purchased shall be paid for before
            white sugar of that grade.                             the sugar in question is removed from store.
 2 . Rights and obligations arising from awards shall
 not be transferable. They shall be exercised or                                             Article 12
 fulfilled within two weeks following the date of
 receipt of the statement referred to in Article 10.                1 . Ownership of sugar which is the subject of an
                                                                    award shall be transferred when the sugar is removed
                                                                    from store.
 3.       Where all or part of the sugar is denatured in a
 Member State other then the Member State which
  issued the invitation to tender, the Member State in              2. The intervention agency and the successful
 which denaturing is effected :                                     tenderer may however agree on ownership being
                                                                    transferred at another stage. Such agreement shall be
   (a) shall, at the request of the successful tenderer,            valid only if it is made in writing. Where it is agreed
        issue the denaturing premium certificate for the            to transfer ownership before the sugar is removed
 ---pagebreak---  428                                Official Journal of the European Communities
from store, the purchaser shall pay the intervention           (a) the price for that sugar shall be adjusted by
agency the costs of storing from the time that                      applying the provisions of Article 13 of that
ownership is transferred until the sugar is removed                 Regulation;
from store .
                                                               (b) the amount of the denaturing premium or the
                                                                     amount of the export refund shall be adjusted by
                        Article 13                                  multiplying by a coefficient equal to the yield
                                                                    found to exist divided by the yield indicated in
                                                                    the invitation .
1 . The provisions of Article 15 of Regulation
 (EEC) No 782/68 shall apply for the purposes of
determining the grade or the yield of the sugar in
                                                                                        Article 15
question at the time of removal from store.
2. The contracting parties may however agree,                  1 . Except in cases of force majeure, the deposit
after the award has been made, that the grade ,or              required for the invitation to tender shall only be
yield determined when the sugar was bought in by               released in respect of the quantity :
the intervention agency shall apply to sugar sold as a         ( a) for which the tenderer :
result of the invitation to tender.
                                                                    — has not withdrawn his tender before the
                                                                        award is made ; and
                        Article 14                                  — has paid the purchase price within the period
                                                                        specified following compliance with the terms
1 . If application of the provisions of Article 15 of                   stipulated and has - applied for either a
Regulation (EEC) No 782/68 establishes that white                       denaturing premium certificate or an export
sugar is of a grade lower than that indicated in the                    licence as a result of the award ; or
invitation to .tender, the price for that sugar shall be
adjusted in respect of the intended uses referred to in        (b) for which the tender has not been pursued.
Article 2 (1) (b) and (c) of this Regulation by
applying the provisions of Article 12 of that                  2.     The deposit shall be released immediately.
Regulation.
                                                               3 . In cases of force majeure the intervention
2. If it is found that sugar intended for export is of         agency shall determine the measures necessary in
a grade other than that indicated in the invitation to         view of the circumstances invoked.
tender, the grade shown in the export licence shall be
corrected .
                                                                                        Article 16
3 . If application of the provisions of Article 15 of
the above-mentioned Regulation establishes that the           This Regulation shall enter into force on the third
yield of raw sugar is other than that indicated in the        day following its publication in the Official Journal
invitation to tender :                                         of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 8 October 1969.
                                                                                     For the Commission
                                                                                        The President
                                                                                          Jean REY
                 v