CELEX: 31982R2014
Language: en
Date: 1982-07-24 00:00:00
Title: Commission Regulation (EEC) No 2014/82 of 20 July 1982 on a principal standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

24. 7. 82                                Official Journal of the European Communities                           No L 216/ 15
                                  COMMISSION REGULATION (EEC) No 2014/82
                                                         of 20 July 1982
              on a principal standing invitation to tender in order to determine levies and/or
                                              refunds on exports of white sugar
THE COMMISSION OF THE EUROPEAN                                     rules for the application of the system of import and
COMMUNITIES,                                                       export licences for sugar (8), as last amended by Regu­
                                                                   lation (EEC) No 3027/81 (9), from Commission Regu­
Having regard to the Treaty establishing the European              lation (EEC) No 3183/80 of 3 December 1980 laying
Economic Community,                                                down common detailed rules for the application of the
                                                                   system of import and export licences and advance­
                                                                   fixing certificates for agricultural products (10), as last
Having regard to Council Regulation (EEC) No                       amended by Regulation (EEC) No 49/82 (u), and from
1785/81 of 30 June 1981 on the common organization                 Commission Regulation (EEC) No 645/75 of 13 March
of the markets in the sugar sector ('), as last amended             1975 laying down common detailed rules for the
by Regulation (EEC) No 606/82 (2), and in particular               application of the export levies and charges on agricul­
Articles 13 (2), 18 (5), 19 (4) and (7) and the second             tural products (12), as last amended by Regulation (EEC)
paragraph of Article 39 thereof,                                   No 1607/80 (13);
Having regard to Council Regulation (EEC) No 608/72                Whereas the second subparagraph of Article 3 (1 ) of
of 23 March 1972 laying down rules to be applied in                Commission Regulation (EEC) No 1160/82 of 14 May
the case of considerable price rises on the world sugar             1982 providing for the advance fixing of monetary
market (3), and in particular Article 1 ( 1 ) thereof,             compensatory amounts (14) provides that, where the
                                                                   levy or refund is fixed in advance by means of tenders,
                                                                   applications to fix the monetary compensatory amount
Whereas, in view of the situation on the Community                 in advance shall be accepted only if the party
and world sugar markets, a principal standing invita­              concerned has declared in writing at the time of
tion to tender should be issued for export of white                submission of the tender that he will also apply to fix
sugar which, having regard to possible fluctuations in             the monetary compensatory amount in advance if the
world prices for sugar, must provide for the determina­            tender is accepted in whole or in part ; whereas, in
tion of export levies and/or export refunds ;                      such cases, the obligation to lodge an application to fix
                                                                   the levy or refund in advance following acceptance of
Whereas the general rules governing invitations to                 the tender involves an obligation to request at the
tender for the purpose of determining export refunds               same time advance fixing of the monetary compensa­
for sugar were laid down in Council Regulation (EEC)               tory amount ; whereas, for reasons peculiar to the
No 766/68 of 18 June 1968 laying down general rules                market in sugar, when an operator intends to make use
for granting export refunds on sugar (4), as last                  of the facility of fixing a monetary compensatory
amended by Regulation (EEC) No 1489/76 Q ;                         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              monetary compensatory amount can be fixed in
sugar (6), as last amended by Regulation (EEC) No                  advance ; whereas application of the second subpara­
 1467/77 Q, should not apply ; whereas, for the same               graph of the said Article 3 ( 1 ) would as a consequence,
reasons, appropriate provisions should be laid down                 if the tenderer did not, as laid down, ask for advance
with regard to export licences issued in connection                 fixing of the monetary compensatory amount at the
with the standing invitation to tender and there should             time the licence or certificate was applied for, entail
be a derogation from Commission Regulation (EEC)                    his losing a very large security, the loss of which would
No 2630/81 of 10 September 1981 on special detailed                 be out of proportion to the objective behind the provi­
(') OJ  No  L 177, 1 . 7. 1981 , p. 4.                             O OJ No L 258 , 11 . 9 . 1981 , p . 16 .
(2) OJ  No  L 74, 18 . 3 . 1982, p . 1 .                            O OJ No L 302, 23. 10 . 1981 , p. 22.
0   OJ  No  L 75, 28. 3 . 1972, p. 5.                               O OJ No L 338, 13. 12. 1980, p. 1 .
O   OJ  No  L 143, 25. 6. 1968, p. 6.                               (") OJ No L 7, 12. 1 . 1982, p. 7.
O   OJ  No  L 167, 26. 6. 1976, p. 13.                              H OJ No L 67, 14. 3. 1975, p. 16.
(*) OJ  No  L 50, 4. 3. 1970, p. 1 .                                (u) OJ No L 160, 26. 6. 1980, p. 42.
O   OJ  No  L 162, 1 . 7. 1977, p. 6.                                u) OJ No L 134, 15 . 5. 1982, p. 22.
 ---pagebreak--- No L 216/ 16                        Official Journal of the European Communities                              24. 7. 82
sions of the second subparagraph of the said Article 3        (a) shall begin on the first working day following the
(1 ) ; whereas, in consequence, a derogation should be            end of the preceding period ;
made from the said provision in the case of this ten­         (b) shall end at 10.30 a.m . on the Wednesday of the
dering procedure, so that application for advance                 following week.
fixing of the monetary compensatory amount at the
time when the application for the export licence is           3.     Notwithstanding paragraph 2 (b), the period for
                                                              the submission of tenders which was to end on :
made should be optional ;
                                                              (a) Wednesday, 17 November 1982 shall end on
Whereas the measures provided for in this Regulation              Tuesday, 16 November 1982 at 10.30 a.m.;
are in accordance with the opinion of the Management
Committee for Sugar,                                          (b) Wednesday, 8 December 1982 shall end on
                                                                  Tuesday, 7 December 1982 at 10.30 a.m.;
                                                              (c) Wednesday, 5 January 1983 shall end on Tuesday,
HAS ADOPTED THIS REGULATION :
                                                                  4 January 1983 at 10.30 a.m.
                                                              4. Notwithstanding paragraph 2, no partial invita­
                         Article 1                            tion to tender will be issued on Wednesday, 29
                                                              December 1982.
1 . There shall be issued a principal standing invita­        5. The time limits laid down in this Regulation are
tion to tender in order to determine export levies            expressed in Belgian time.
and/or export refunds on white sugar, and during the
period of validity of this standing invitation there shall                             Article 5
be issued partial invitations to tender.
                                                              1.     Offers in connection with this tender must be in
2. The standing invitation to tender shall remain             writing, and must be either delivered by hand, against
open until 15 June 1983 .                                     a receipt, to the competent authority in a Member
                                                              State, or addressed to that authority by registered letter,
                         Article 2                            telex or telegram.
                                                              2.     Αη οπεΓ ηιιΐδϋ ίη<3^3ϋε :
The standing invitation to tender and the partial invi­
tations shall be conducted in accordance with Regula­         (a) the reference number of the invitation to tender to
tion (EEC) No 766/68 and with the following provi­                which the offer relates ;
sions. Regulation (EEC) No 394/70 shall not apply.            (b) the name and address of the tenderer ;
                                                              (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
1 . Member States shall draw up a notice of invita­               sugar, expressed in the currency of the Member
tion to tender which shall be published in the Offical            State in which the tender is submitted ;
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                (a) the quantity to be exported is not less than 250
purpose of opening the standing invitation to tender.              tonnes of white sugar ;
It may be amended during the period of validity of the        (b) proof is furnished before expiry of the time limit
standing invitation to tender. It shall be so amended if           for the submission of tenders that the tenderer has
the terms of the invitation to tender are modified.                lodged the security indicated in the tender ;
                                                              (c) it includes a declaration by the tenderer that if his
                         Article 4                                 tender is successful he will, within the period laid
                                                                   down under (b) of Article 12, apply for export
 1 . The period during which tenders may be                        licences in respect of the quantities of white sugar
submitted in response to the first partial invitation to           to be exported ;
tender :                                                      (d) it includes a declaration by the tenderer that if his
                                                                   tender is successful he will :
(a) shall begin on 24 July 1982 ;
(b) shall end on 28 July 1982 at 10.30 a.m .                       — where the obligation to export created by the
                                                                       export licence referred to under (b) of Article
2. The periods during which tenders may be                             12 is not fulfilled, supplement the security by
submitted in response to the second and subsequent                     payment of the amount referred to in Article
partial invitations :                                                   13 (3) and,
 ---pagebreak--- 24. 7. 82                            Official Journal of the European Communities                         No L 216/ 17
    — within 30 days following the expiry of the                                        Article 7
          export licence in question, notify the agency
          which issued the licence of the quantity or          1 . Tenders shall be examined in private by the
          quantities in respect of which the licence was       competent authority concerned. Subject to paragraph
          not used ;                                           2, persons present at the examination shall be under
(e) it contains all the information required under para­       an obligation not to disclose any particulars relating
     graph 2.                                                  thereto .
4. A tender may stipulate that it is to be regarded as         2.     Tenders shall be communicated to the Commis­
having been submitted only if :                                sion forthwith and in such manner that the tenderers
                                                               remain anonymous.
(a) the minimum export levy or, where applicable the
     maximum export refund, is fixed on the day of the
     expiry of the period for the submission of the
     tenders in question ;                                                              Article 8
(b) the tender, if successful, relates to all or a specified
     part of the tendered quantity.                            1.     After the tenders received have been examined, a
                                                               maximum quantity may be fixed for that partial invita­
5.     A tender which is not submitted in accordance           tion .
with the provisions of this Regulation, or which
contains terms other than those indicated in the notice        2. A decision may be taken to make no award
of invitation to tender, shall not be considered.              under a specific partial invitation to tender.
6.      Once submitted, a tender may not be withdrawn.
                                                                                        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 1982/83 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
                                                               be fixed either :
 13 (3), this security shall in the case of successful
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
3.      Except in the case of force majeure, the security      refund is fixed, a contract shall be awarded to every
will be released :
                                                               tenderer whose tender quotes a rate of refund equal to
(a) to tenderers only in respect of the quantity for           or less than such maximum refund and to every
     which no award was made ;                                  tenderer who has tendered for an export levy.
(b) to successful tenderers only if they applied for
     their export licence within the period laid down
     under (b) of Article 1 2 and only for the quantity in                              Article 10
     respect of which they have fulfilled the obligation
     created by that licence, Article 33 of Regulation          1.    where a maximum quantity has been fixed for a
     (EEC) No 31 83/80 remaining applicable. The secu­          partial invitation to tender :
     rity lodged in respect of a quantity for which the
     above obligations have not been fulfilled shall be         — if a maximum levy is fixed, a contract shall be
      forfeited .                                                   awarded to the tenderer whose tender quotes the
                                                                    highest levy ; if the maximum quantity is not fully
 4.     In case of force majeure, the competent agency              covered by that award, awards shall be made to
 in the Member State concerned shall take such action               other tenderers in descending order of levies
 as it considers necessary having regard to the circum­             quoted until the entire maximum quantity has
 stances invoked by the party concerned.                            been accounted for :
 ---pagebreak--- No L 216/ 18                         Official Journal of the European Communities                                24. 7. 82
— if a maximum refund is fixed, contracts shall be                  645/75 not applying in such a case. The applica­
    awarded in accordance with the first indent ; if                tion shall be lodged not later than :
    after such awards a quantity is still outstanding, or
    if there are no tenders quoting an export levy,                 — the last working day preceding the date of the
    contracts shall be awarded in ascending order of                     partial invitation to tender to be held the
    refunds quoted until the entire maximum quantity                     following week, or
    has been accounted for, to tenderers quoting a                  — if no partial invitation to tender is due to be
    refund.                                                              held that week, the last working day of the
                                                                         following week,
2. However, where an award to a particular tenderer            (c) the obligation to export the tendered quantity and,
in accordance with the provisions of paragraph 1                    if this obligation is not fulfilled, to pay, where
would result in the maximum quantity being                          necessary, the amount referred to in Article 13 (3).
exceeded, that award shall be limited to such quantity
as is still available. Where two or more tenderers quote       This right and these obligations are not transferable.
the same levy or the same refund and awards to all of
them would result in the maximum quantity being
exceeded, then the quantity available shall be awarded                                   Article 13
as follows :
                                                                1 . The first paragraph of Article 9 of Regulation
— by being divided among the tenderers concerned               (EEC) No 2630/81 shall not apply to the white sugar
     in proportion to the total quantities in each of          to be exported in accordance with this Regulation.
     their tenders, or
— by being apportioned among the tenderers                     2.      Export licences issued in connection with a
    concerned by reference to a maximum tonnage to             partial invitation to tender shall be valid from the day
    be fixed for each of them, or                              of issue until the end of the fifth calendar month
— by the drawing of lots.                                      following that in which the partial invitation was
                                                               issued.
                                                               However,
                         Article 11
                                                               (a) licences issued in connection with partial invita­
                                                                    tions
1 . The competent authority of the Member State
concerned shall immediately notify applicants of the                — issued in the period 28 July to 8 September
result of their participation in the invitation to tender.               1982 may be used only from 15 September
In addition, that authority shall send successful                        1982,
tenderers a statement of award .
                                                                    — issued in the period 15 to 29 September 1982
2.     The statement of award shall indicate :
                                                                         may be used from the day of issue, and
                                                                    shall be valid only until 31 December 1982 ;
(a) the reference number of the invitation to which            (b) licences issued in connection with partial invita­
     the tender relates ;                                           tions issued after 1 February 1983 shall be valid
(b) the quantity of white sugar to be exported ;                    only until 31 July 1983.
(c) the export levy to be charged, or where applicable
                                                               3. Except in cases of force majeure, if the obligation
     the export refund to be granted, per 100 kilograms         to export created by the export licence referred to
     of white sugar of the quantity referred to in (b).
                                                                under (b) of Article 1 2 has not been fulfilled and if the
                                                                security referred to in Article 6 is less than :
                         Article 12                             (a) the export levy indicated on the licence reduced by
                                                                     the levy referred to in the second subparagraph of
                                                                    Article 18 (1 ) of Regulation (EEC) No 1785/81 in
Every successful tenderer shall have :                               force on the last day of validity of the said licence,
                                                                     or
(a) the right to claim in respect of the quantity
     awarded, an export licence indicating as appro­            (b) the sum of the export levy indicated on the licence
     priate the export levy or the export refund quoted              and the export refund referred to in Article 2 of
     in his tender ;                                                 Regulation (EEC) No 766/68 in force on the last
(b) the obligation to lodge, in accordance with the                  day of validity of the said licence, or
      relevant provisions of Regulation (EEC) No                (c) the export refund referred to in Article 2 of Regu­
      3183/80, an application for an export licence in               lation (EEC) No 766/68 in force on the last day of
      respect of that quantity, Article 1 2 (2) of that Regu­        validity of the licence reduced by the refund indi­
     lation and Article 10 of Regulation (EEC) No                    cated on the said licence,
 ---pagebreak--- 24. 7. 82                          Official Journal of the European Communities                        No L 216/ 19
then, under the time limits and conditions laid down         subparagraph of Article 3 (1 ) of Regulation (EEC) No
in Article 33 of Regulation (EEC) No 3183/80 and by          1160/82 shall not apply.
way of a supplementary security for the quantity in
respect of which the said obligation was not fulfilled,      When use is made of the provisions of the first sub­
the licence holder shall be charged an amount equal          paragraph of Article 3 (1 ) of that Regulation, those of
to the difference between the result of the calculation      the third subparagraph of paragraph 1 and of para­
made under (a), (b) or (c), as the case may be, and the      graph 2 of that Article shall remain applicable to
security referred to in Article 6.                           this tendering procedure.
                                                                                    Article 15
                       Article 14                            In Article 1 (2) of Regulation (EEC) No 2042/81 ('), '31
                                                             August 1982' is hereby replaced by '29 July 1982'.
If the tenderer intends to apply for advance fixing of                              Article 16
the monetary compensatory amount under this stand­
ing invitation to tender, the provisions of the second       This Regulation shall enter into force on 24 July 1982.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 20 July 1982.
                                                                      For the Commission
                                                                         Poul DALSAGER
                                                                  Member of the Commission
                                                              V) OJ No L 200, 21 . 7. 1981 , p. 27.