CELEX: 31972R1897
Language: en
Date: 1972-09-01 00:00:00
Title: Regulation (EEC) No 1897/72 of the Commission of 1 September 1972 on a standing invitation to tender to determine the export refund for white sugar

954                                      Official Journal of the European Communities
   No L 201 / 8                            Official Journal of the European Communities                                   2.9.72 v
                                 REGULATION (EEC) No 1897/72 OF THE COMMISSION
                                                         of 1 September 1972
                    on a standing invitation to tender to determine the export refund for white sugar
   THE    COMMISSION         OF      THE   EUROPEAN       COM­        invitation to tender should be that provided for in
   MUNITIES,                                                            Commission Regulation (EEC) No 2637/708 on
                                                                       special detailed rules for the application of the system
   Having regard to the Treaty establishing the                        of import and export licences and advance fixing
   European Economic Community ;                                       certificates for agricultural products, as last amended
                                                                       by Regulation (EEC) No 1524/72,9 and it should be
   Having     regard     to      Council      Regulation     No        made possible to derogate from those provisions;
   1009/67/EEC1 of 18 December 1967 on the common                      whereas, moreover, a minimum quantity per tender
   organization of the market in sugar, as last amended                should be laid down according to destination ;
  by Regulation (EEC) No 607/72,2 and in particular
  Articles 11 (2), 17 (4) and 38 thereof;                             Whereas, as a result of the economic trend of the
                                                                      world sugar market, when an invitation to tender is
  Whereas, as the new sugar production year                            issued, certain situations may arise which are likely to
  approaches, a standing invitation to tender should be                call into question the principles governing the system
. issued for the export of the surplus white sugar from                of invitations to tender ; whereas, in order to forestall
  the 1972/73 sugar marketing year and whereas the                     any possible difficulties, special provisions must be
  previous standing invitation to tender provided for in               adopted to deal with such situations, particularly
  Commission Regulation (EEC) No 685 /723 of 4 April                   with regard to tenders and the transferability of
  1972 on a standing invitation to tender to determine                export licences under conditions different from those
  the export refund for white sugar, as last amended by                provided for by - Commission Regulation (EEC) No
  Regulation      (EEC)      No       1701 /72,4    should    be       1373 /7010 of 10 July 1970 on common detailed rules
  withdrawn ;                                                         for the application of the system of import and
                                                                      export licences and advance fixing certificates for
  Whereas the general and detailed rules relating to the
                                                                      agricultural products subject to a single price system,
                                                                      as last amended by Regulation (EEC) No 2849/71 11 ;
  tendering procedure to determine the export refund
  on sugar are contained in Council Regulation (EEC)
  No 766/685 of 18 June 1968 laying down general                      Whereas the measures provided for in this Regulation
  rules for granting export refunds on sugar, as last                 are in accordance with the Opinion of the
  amended by Regulation (EEC) No 433 /72,6 and in                     Management Committee for Sugar;
  Commission Regulation (EEC) No 394/707 of 2
  March 1970 on detailed rules for granting export                    HAS ADOPTED THIS REGULATION :
  refunds on sugar ;
                                                                                                 Article 1
  Whereas, in order to take account of the present
  situation on the sugar market, the period of validity               Member States shall issue a standing invitation to
  of the export licences issued in pursuance of this                  tender to determine the export refund for white
                                                                      sugar, and, during the period of validity of the
                                                                      standing invitation, they shall issue partial
    OJ  No 308 , 18.12.1967, p . 1 .                                  invitations to tender.
    OJ  No L 75, 28.3.1972, p. 4.
    OJ  No L 81 , 5.4.1972, p . 13 .
    OJ  No L 178 , 5.8.1972, p. 16.                                     8 OJ No   L 283, 29.12.1970, p. 15 .
    OJ  No L 143 , 25.6.1968, p. 6.                                     9 OJ No   L 162, 18.7.1972, p. 15.
    OJ  No L 53 , 2.3.1972, p . 1 .                                   10  OJ No   L 158, 20.7.1970, p. 1 .
    OJ  No L 50, 4.3.1970, p . 1 .                                    11  OJ No   L 286, 30.12.1971, p. 24.
 ---pagebreak---                                    Official Journal of the European Communities                                  955
                         Article 2                                                    Article 6
The standing invitation to tender and the partial            Where there are tenders indicating a refund with a
invitations shall be organized in accordance with            rate of zero :
Article 4 of Regulation (EEC) No 766/68 , the
provisions of Regulation (EEC) No 394/70 and the              (a) each tenderer may submit only one tender ;
following provisions.
                                                              (b) the tender should be submitted to the competent
                                                                  body of the Member State in which the tenderer
                                                                  is permanently resident or has his seat, as the
                         Article 3                                 case may be.
The standing invitation to tender shall remain valid
until a date to be determined at a later stage.                                       Article 7
                                                             Tenders     shall  be   notified   to the  Commission
                         Article 4                           immediately.
1 . The period during which tenders may be                                            Article 8
submitted in response to the first partial invitation :
(a) shall begin on the day on which notice of the            1.     A maximum quantity may be fixed for each of
     standing invitation to tender is published in the       the partial invitations to tender once the tenders have
                                                             been examined.
     Official Journal of the European Communities.
(b) shall end at 10.00 a.m. on Wednesday 13
     September 1972 .                                        2. Where a maximum quantity has been fixed for
                                                             a partial invitation to tender, and where all the
                                                             tenders to be taken into consideration for the award
2. The periods during which tenders may be                   indicate a refund with a rate of zero, the award shall
submitted in response to the second and subsequent           be made, by way of derogation from the second
partial invitations :                                        subparagraph of Article 6 (4) of Regulation (EEC)
                                                             No 394/70, by dividing the maximum quantity :
(a) shall begin on the first working day following the
     end of the previous period, and                         ( a) either in proportion to the quantities shown in
                                                                  the tenders in question ;
(b) shall end at 10.00 a.m. on the Wednesday of the
     following week.                                         (b) or between the successful tenderers, up to a
                                                                  maximum tonnage to be determined;
3.    By way of derogation from paragraph 2 (b) the          (c) or by using the procedures provided for under (a)
periods for submitting tenders which are to end :                 and (b) simultaneously;
(a) on Wednesday 1, 15 and 22 November 1972                  (d) or by drawing lots in addition to the procedure
     respectively shall end on Tuesday 31 October, 14             provided for under (b).
     and 21 November 1972 at 10.00 a.m.,
(b) on Wednesday 27 December 1972 and 3 January                                       Article 9
     1973 respectively shall end on Thursday 4
     January 1973 at 10.00 a.m.
                                                             1 . Article 33a of Regulation (EEC) No 2637/70
                                                             shall not apply to the white sugar to be exported in
4. During the period in which Summer Time                    pursuance of this standing invitation to tender.
applies in Italy, the time limits laid down in the
previous paragraphs shall be understood in that
Member State to be extended by one hour.                     2.     By   way     of   derogation   from   the   first
                                                             subparagraph of Article 32 (3 ) of Regulation (EEC)
                                                             No 2637/70 :
                         Article 5                           ( a) export licences issued before 15 October 1972
                                                                  shall be valid only from that date ;
A tender shall be valid only if it relates to an amount      (b) export licences issued in pursuance of the partial
of not less than 250 metric tons .                                invitations to tender in response to which tenders
                                                                                                                      I
 ---pagebreak--- 956                                Official Journal of the European Communities
     may be submitted after 6 June 1973 shall be' valid                             Article 1 1
     only until 30 September 1973 .
                                                             The standing invitation to tender referred to in
                                                             Regulation (EEC) No 685/72 is hereby withdrawn
                        Article 10
                                                             with effect from 7 September 1972.
By way of derogation from the first subparagraph of
                                                                                    Article 12
Article 3 of Regulation (EEC) No 1373 /70, rights
deriving from licences issued in pursuance of a partial
invitation to tender which indicate a refund with a          This Regulation shall enter into force on 2 September
rate of zero shall not be transferable .                     1972 .
              This Regulation shall be binding in its entirety and directly applicable dn all Member
              States .
              Done at Brussels, 1 September 1972.
                                                                                For the Commission
                                                                                   The President
                                                                                 S. L. MANSHOLT