CELEX: 31982R2013
Language: en
Date: 1982-07-24 00:00:00
Title: Commission Regulation (EEC) No 2013/82 of 20 July 1982 on a principal standing invitation to tender in order to determine levies and/or refunds on exports of raw sugar

No L 216/ 10                          Official Journal of the European Communities                                24. 7. 82
                                    COMMISSION REGULATION (EEC) No 2013/82
                                                         of 20 July 1982
                on a principal standing invitation to tender in order to determine levies and/or
                                               refunds on exports of raw sugar
  THE COMMISSION OF THE EUROPEAN                                     be a derogation from Commission Regulation (EEC)
  COMMUNITIES,                                                       No 2630/81 of 10 September 1981 on special detailed
                                                                     rules for the application of the system of import and
  Having regard to the Treaty establishing the European
                                                                     export licences for sugar (8), as last amended by Regu­
  Economic Community,
                                                                    lation (EEC) No 3027/81 ('), from Commission Regu­
                                                                    lation (EEC) No 3183/80 of 3 December 1980 laying
                                                                    down common detailed rules for the application of the
  Having regard to Council Regulation (EEC) No                      system of import and export licences and advance­
  1785/81 of 30 June 1981 on the common organization                fixing certificates for agricultural products (10), as last
  of the markets in the sugar sector ('), as last amended           amended by Regulation (EEC) No 49/82 ("), and from
  by Regulation (EEC) No 606/82 (2), and in particular              Commission Regulation (EEC) No 645/75 of 13 March
 Articles 13 (2), 18 (5), 19 (4) and (7) and the second              1975 laying down common detailed rules for the
  paragraph of Article 39 thereof,                                  application of the export levies and charges on agricul­
                                                                    tural products (12), as last amended by Regulation (EEC)
                                                                    No 1607/80 (13);
  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
 market (3), and in particular Article 1 ( 1 ) thereof,             Whereas the second subparagraph of Article 3 ( 1 ) of
                                                                    Commission Regulation (EEC) No 1160/82 of 14 May
                                                                    1982 providing for the advance fixing of monetary
 Whereas, in view of the situation on the Community                 compensatory amounts (H) provides that, where the
 and world sugar markets, a principal standing invita­              levy or refund is fixed in advance by means of tenders,
 tion to tender should be issued for export of raw sugar            applications to fix the monetary compensatory amount
 obtained from beet or cane harvested in the Commu­                 in advance shall be accepted only if the party
 nity ; whereas, in view of possible fluctuations in world          concerned has declared in writing at the time of
 prices for sugar, the invitation to tender must provide            submission of the tender that he will also apply to fix
 for the determination of export levies and/or export               the monetary compensatory amount in advance if the
 refunds ;                                                          tender is accepted in whole or in part ; whereas, in
                                                                    such cases, the obligation to lodge an application to fix
 Whereas the general rules governing invitations to                 the levy or refund in advance following acceptance of
 tender for the purpose of determining export refunds               the tender involves an obligation to request at the
 for sugar were laid down in Council Regulation (EEC)               same time advance fixing of the monetary compen­
 No 766/68 of 18 June 1968 laying down general rules                satory amount ; whereas, for reasons peculiar to the
 for granting export refunds on sugar (4), as last                  market in sugar, when an operator intends to make use
 amended by Regulation (EEC) No 1489/76                            of the facility of fixing a monetary compensatory
                                                                    amount in advance in connection with an export levy
                                                                    or refund fixed in advance under a tendering pro­
 Whereas, in view of the specific nature of the trans­              cedure he only makes up his mind to do so at the
 actions involved, special detailed rules should be laid            moment when the application for the export licence is
 down in this Regulation, and those provided for in                made ; whereas it is only after he has been declared
 Commission Regulation (EEC) No 394/70 of 2 March                  successful in respect of a levy or refund for the quan­
 1970 on detailed rules for granting export refunds on             tity of sugar indicated in his tender that the said
 sugar (6), as last amended by Regulation (EEC) No                 monetary compensatory amount can be fixed in
 1467/77 Q, should not apply ; whereas, for the same               advance ; whereas application of the second subpara­
 reasons, appropriate provisions should be laid down               graph of the said Article 3 ( 1 ) would as a consequence,
with regard to export licences issued in connection                if the tenderer did not, as laid down, ask for advance
with the standing invitation to tender and there should            fixing of the monetary compensatory amount at the
(') OJ  No   L 177, 1 . 7. 1981 , p. 4.                            (8) OJ  No   L 258 , 11 . 9 . 1981 , p. 16 .
(2) OJ  No   L 74, 18 . 3 . 1982, p. 1 .                           (») OJ  No   L 302, 23 . 10 . 1981 , p . 22.
 3) OJ  No   L 75, 28 . 3 . 1972, p. 5.                            (10) 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.
 6  OJ  No   L 50, 4. 3 . 1970, p . 1 .                            (,3) 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--- 24. 7. 82                           Official Journal of the European Communities                          No L 216/ 11
time the licence or certificate was applied for, entail       (a) shall begin on 24 July 1982 ;
his losing a very large security, the loss of which would     (b) shall end on 28 July 1982 at 10.30 a.m.
be out of proportion to the objective behind the provi­
sions of the second subparagraph of the said Article 3        2. The periods during which tenders may be
( 1 ); whereas, in consequence, a derogation should be        submitted in response to the second and subsequent
made from the said provision in the case of this ten­         partial invitations :
dering procedure, so that application for advance
fixing of the monetary compensatory amount at the             (a) shall begin on the first working day following the
time when the application for the export licence is                end of the preceding period ;
made should be optional ;                                     (b) shall end at 10.30 a.m . on the Wednesday of the
                                                                   following week.
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Sugar,                                          3.      Notwithstanding paragraph 2 (b), the period for
                                                              the submission of tenders which was to end on :
                                                              (a) Wednesday, 17 November 1982 shall end on
HAS ADOPTED THIS REGULATION :                                      Tuesday, 16 November 1982 at 10.30 a.m .;
                                                              (b) Wednesday, 8 December 1982 shall end on
                                                                   Tuesday, 7 December 1982 at 10.30 a.m .;
                         Article 1
                                                              (c) Wednesday, 5 January 1983 shall end on Tuesday,
                                                                   4 January 1983 at 10.30 a.m.
 1 . There shall be issued a principal standing invita­
tion to tender in order to determine export levies
and/or export refunds on raw sugar obtained from beet         4. Notwithstanding paragraph 2, no partial invita­
or cane harvested in the Community, and during the            tion to tender will be issued on Wednesday, 29
                                                              December 1982.
period of validity of this standing invitation there shall
be issued partial invitations to tender.
                                                              5.     The time limits laid down in this Regulation are
2. The standing invitation to tender shall remain             expressed in Belgian time.
open until 15 June 1983.
                                                                                       Article 5
                         Article 2
                                                               1.     Offers in connection with this tender must be in
The standing invitation to tender and the partial invi­       writing, and must be either delivered by hand, against
tations shall be conducted in accordance with Regula­         a receipt, to the competent authority in a Member
tion (EEC) No 766/68 and with the following provi­            State, or addressed to that authority by registered letter,
sions. Regulation (EEC) No 394/70 shall not apply.            telex or telegram.
                                                               2.     Α ΐεηάεΓ ηιυδί ίηάΐΰδΐε :
                         Article 3
                                                              (a) the reference number of the invitation to tender to
 1 . Member States shall draw up a notice of invita­               which the offer relates ;
 tion to tender which shall be published in the Official      (b) the name and address of the tenderer ;
Journal of the European Communities. Member States
 may also publish the notice, or have it published, else­      (c) the quantity tel quel of raw sugar to be exported ;
 where .                                                       (c) the amount of the export levy or, where applicable
                                                                   of the export refund per 100 kilograms of standard
 2.     The notice shall indicate in particular the terms          quality sugar, expressed in the currency of the
 of the invitation to tender.                                      Member State in which the tender is submitted ;
 3.     The notice shall be published only for the             (e) the minimum amount of the security to be lodged
 purpose of opening the standing invitation to tender.             covering the quantity of sugar indicated in (c),
 It may be amended during the period of validity of the            expressed in the currency of the Member State in
                                                                   which the tender is submitted.
 standing invitation to tender. It shall be so amended if
 the terms of the invitation to tender are modified.
                                                               3.     An offer shall be valid only if :
                         Article 4                             (a) the quantity to be exported is not less than 250
                                                                    tonnes of raw sugar ;
  1 . The period during which tenders may be                   (b) proof is furnished before expiry of the time limit
 submitted in response to the first partial invitation to           for the submission of tenders that the tenderer has
 tender :                                                           lodged the security indicated in the tender ;
 ---pagebreak--- No L 216/ 12                         Official Journal of the European Communities                              24. 7. 82
(c) it includes a declaration by the tenderer that if his      2. The security may be lodged at the tenderers
     offer is successful he will, within the period laid       choice, either in cash or in the form of a guarantee
     down under (b) of Article 12, apply for export            given by an establishment complying with criteria laid
     licences in respect of the quantities of raw sugar to     down by the Member State in which the tender is
     be exported ;                                             submitted.
(d) it includes a declaration by the tenderer certifying
     that :                                                    3.     Except in the case of force majeure, the security
                                                               will be released :
     — the product intended for export consists of raw
         sugar obtained either from beet or from cane          (a) to tenderers only in respect of the quantity for
                                                                    which no award was made ;
         harvested in the Community, and
                                                               (b) to successful tenderers only if they applied for
     — the customs export formalities will be                       their export licence within the period laid down
         completed in the French overseas departments               under (b) of Article 1 2 and only for the quantity in
         in the case of sugar obtained from cane                    respect of which they have fulfilled the obligation
         harvested in the Community ;                               created by that licence, Article 33 of Regulation
(e) it includes a declaration by the tenderer that if his           (EEC) No 3183/80 remaining applicable. The
     tender is successful he will :                                 security lodged in respect of a quantity for which
                                                                    the above obligations have not been fulfilled shall
     — where the obligation to export created by the                be forfeited.
         export licence referred to under Article 1 2 (b) is
         not fulfilled, supplement the security by             4.     In case of force majeure; the competent agency
         payment of the amount referred to in Article          in the Member State concerned shall take such action
         13 (4) and,                                           as it considers necessary having regard to the cir­
     — within 30 days following the expiry of -the             cumstances invoked by the party concerned.
         export licence in question, notify the agency
         which issued the licence of the quantity or
         quantities in respect of which the licence was                                 Article 7
         not used ;
(f) it contains all the information required under para­        1 . Tenders shall be examined in private by the
     graph 2.                                                  competent authority concerned. Subject to paragraph
                                                               2, persons present at the examination shall be under
                                                               an obligation not to disclose any particulars relating
4. A tender may stipulate that it is to be regarded as         thereto .
having been submitted only if :
                                                               2.     Tenders shall be communicated to the Commis­
(a) the minimum export levy or, where applicable the           sion forthwith and in such manner that the tenderers
     maximum export refund, is fixed on the day of the
     expiry of the period for the submission of the            remain anonymous.
     tenders in question ;
(b) the tender, if successful, relates to all or a specified                            Article 8
     part of the tendered quantity.
                                                                1.    After the tenders received have been examined, a
5.     A tender which is not submitted in accordance
                                                               maximum quantity may be fixed for that partial invita­
with the provisions of this Regulation, or which               tion .
contains terms other than those indicated in the notice
of invitation to tender, shall not be considered.
                                                               2. A decision may be taken to make no award
                                                               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 raw
                                                                sugar for the 1982/ 83 marketing year and, in parti­
 1 . A security of 9 ECU per 100 kilograms of sugar             cular, the current state and foreseeable development of
 to be exported under this invitation to tender must be         the Community and world sugar markets, there shall
 lodged by each tenderer. Without prejudice to 13 (4),          be fixed either :
 this security shall in the case of successful tenderers
 and at the time of the application referred to in Article      — a minimum export levy, or
 12 (b) become the security for the export licence.             — a maximum export refund.
 ---pagebreak--- 24. 7. 82                            Official Journal of the European Communities                            No L 216/ 13
2. Subject to Article 10, where a minimum export               In addition, that authority shall send successful ten­
levy is fixed, a contract shall be awarded to every            derers a statement of award .
tenderer whose tender quotes a rate of levy equal to or
greater than such minimum levy.                                2.     The statement of award shall indicate :
3. Subject to Article 10, where a maximum export               (a) the reference number of the invitation to which
refund is fixed, a contract shall be awarded to every               the tender relates ;
tenderer whose tender quotes a rate of refund equal to
or less than such maximum refund and to every                  (b) the quantity tel quel of raw sugar to be exported ;
tenderer who has tendered for an export levy.                  (c) the export levy to be charged, or where applicable
                                                                    the export refund to be granted, per 100 kilograms
                                                                    of standard quality raw sugar of the quantity
                                                                    referred to in (b).
                          Article 10
 1 . Where a maximum quantity has been fixed for a
partial invitation to tender :                                                          Article 12
— if a minimum levy is fixed, a contract shall be
     awarded to the tenderer whose tender quotes the           Every successful tenderer shall have :
     highest levy ; if the maximum quantity is not fully
     covered by that award, awards shall be made to            (a) the right to claim in respect of the quantity
     other tenderers in descending order of levies                  awarded, an export licence indicating as appro­
     quoted until the entire maximum quantity has                   priate the export levy or the export refund quoted
     been accounted for,                                            in his tender ;
— if a maximum refund is fixed, contracts shall be             (b) the obligation to lodge, in accordance with the
     awarded in accordance with the first indent ; if               relevant provisions of Regulation (EEC) No
     after such awards a quantity is still outstanding, or          3183/80, an application for an export licence in
     if there are no tenders quoting an export levy,                respect of that quantity, Article 1 2 (2) of that Regu­
     contracts shall be awarded in ascending order of               lation and Article 10 of Regulation (EEC) No
     refunds quoted until the entire maximum quantity               645/75 not applying in such a case. The applica­
     has been accounted for, to tenderers quoting a                 tion shall be lodged not later than :
     refund.
                                                                    — the last working day preceding the date of the
                                                                        partial invitation to tender to be held the
2. However, where an award to a particular tenderer                     following week, or
in accordance with the provisions of paragraph 1
would result in the maximum quantity being                          — if no partial invitation to tender is to be held
exceeded, that award shall be limited to such quantity                  that week, the last working day of the following
 as is still available. Where two or more tenderers quote               week ;
 the same levy or the same refund and awards to all of         (c) the obligation to export the tendered quantity and,
 them would result in the maximum quantity being                    if this obligation is not fulfilled, to pay, where
exceeded, then the quantity available shall be awarded              necessary, the amount referred to in Article 1 3 (4).
as follows :
— by being divided among the tenderers concerned               This right and these obligations are not transferable.
      in proportion to the total quantities in each of
      their tenders, or
 — by being apportioned among the tenderers
                                                                                        Article 13
      concerned by reference to a maximum tonnage to
      be fixed for each of them, or
— by the drawing of lots.                                       1 . The first paragraph of Article 9 of Regulation
                                                                (EEC) No 2630/81 shall not apply to the raw sugar to
                                                                be exported in accordance with this Regulation.
                          Article 11
                                                                2.     Export licences issued in connection with a
                                                                partial invitation to tender shall be valid from the day
 1 . The competent authority of the Member State                of issue until the end of the fifth calendar month
 concerned shall immediately notify applicants of the           following that in which the partial invitation was
 result of their participation in thd invitation to tender.     issued.
 ---pagebreak--- No L 216/ 14                         Official Journal of the European Communities                                24. 7. 82
However :                                                           force on the last day of validity of the said licence ;
                                                                    or
(a) licences issued in connection with partial invita­
    tions :                                                    (b) the sum of the export levy indicated on the licence
                                                                    and the export refund referred to in Article 2 of
    — issued in the period 28 July to 8 September                   Regulation (EEC) No 766/68 in force on the last
         1982 may be used only from 15 September                    day of validity of the said licence ; or
         1982,
                                                               (c) the export refund referred to in Article 2 of Regu­
    — issued in the period 15 to 29 September 1982                  lation (EEC) No 766/68 in force on the last day of
         may be used from the day of issue,                         validity of the licence, reduced by the refund indi­
    shall be valid only until 31 December 1982 ;                    cated on the said licence ;
(b) licences issued in connection with partial invita­         then, under the time limits and conditions laid down
    tions issued after 1 February 1983 shall be valid          in Article 33 of Regulation (EEC) No 3183/80 and by
    only until 31 July 1983.                                   way of a supplementary security for the quantity in
3. In the case of raw sugar obtained from cane                 respect of which the said obligation was not fulfilled,
harvested in the Community, Section 18 (a) of the              the licence holder shall be charged an amount equal
                                                               to the difference between the result of the calculation
export licence shall contain one of the following
endorsements :                                                 made under (a), (b) or (c), as the case may be, and the
                                                               security referred to in Article 6.
'Licence valid for the French overseas departments ,
'Certificat valable pour les départements français                                      Article 14
d'outre-mer',
                                                               If the tenderer intends to apply for advance fixing of
'Licens gyldig for de franske oversøiske departe­              the monetary compensatory amount under this
menter',                                                       standing invitation to tender, the provisions of the
'Lizenz gültig für die französischen überseeischen             second subparagraph of Article 3 ( 1 ) of Regulation
Departements',                                                 (EEC) No 1160/82 shall not apply.
'Πιστοποιητικό Ισχύον γιά τά ύπερπόντια γαλλικά                When use is made of the provisions of the first sub­
διαμερίσματα',                                                 paragraph of Article 3 ( 1 ) of that Regulation, those of
'Titolo valido per i dipartimenti francesi d oltremare',       the third subparagraph of paragraph 1 and of para­
'Certificaat geldig voor de Franse overzeese departe­          graph 2 of that Article shall remain applicable to this
menten'.                                                       tendering procedure.
4. Except in cases of force majeure, if the obligation                                  Article 15
to export created by the export licence referred to
under (b) of Article 12 has not been fulfilled and if the       In Article 1 (2) of Regulation (EEC) No 2235/81 ('), '31
security referred to in Article 6 is less than :               August 1982' is hereby replaced by '29 July 1982'.
(a) the export levy indicated on the licence reduced by                                 Article 16
     the levy referred to in the second subparagraph of
     Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in        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
                                                                (') OJ No L 218 , 4. 8 . 1981 , p . 19 .