CELEX: 31983R1881
Language: en
Date: 1983-07-12 00:00:00
Title: Commission Regulation (EEC) No 1881/83 of 8 July 1983 on a supplementary standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

No L 187/ 10                            Official Journal of the European Communities                                12. 7. 83
                                    COMMISSION REGULATION (EEC) No 1881 /83
                                                          of 8 July 1983
               on a supplementary standing invitation to tender in order to determine levies
                                          and/or refunds on exports of white sugar
 THE COMMISSION OF THE EUROPEAN
                                                                     special detailed rules for the application of the system
 COMMUNITIES,                                                        of import and export licences for sugar (8), as last
                                                                     amended by Regulation (EEC) No 3130/82 (9), from
 Having regard to the Treaty establishing the European               Commission Regulation (EEC) No 3183/80 of 3
 Economic Community,                                                 December 1980 laying down common detailed rules
                                                                     for the application of the system of import and export
                                                                     licences and advance-fixing certificates for agricultural
 Having regard to Council Regulation (EEC) No                       products (10), as last amended by Regulation (EEC) No
 1785/81 of 30 June 1981 on the common organization                 2666/82 ("), and from Commission Regulation (EEC)
 of the markets in the sugar sector ('), as last amended             No 645/75 of 13 March 1975 laying down common
 by Regulation (EEC) No 606/82 (2), and in particular                detailed rules for the application of the export levies
Articles 13 (2), 18 (5), 19 (4) and (7) and the second               and charges on agricultural products (l2), as last
 paragraph of Article 39 thereof,                                    amended by Regulation (EEC) 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 (,4) 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 supplementary standing                  concerned has declared in writing at the time of
 invitation to tender should be issued for export of                submission of the tender that he will also apply to fix
white sugar which, having regard to possible fluctua­               the monetary compensatory amount in advance if the
tions in world prices for sugar, must provide for the               tender is accepted in whole or in part ; whereas, in
determination 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 148 9/76 (^ ;                        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 of application               made ; whereas it is only after he has been declared
should be laid down in this Regulation, and those                   successful in respect of a levy or refund for the quan­
provided for in Commission Regulation (EEC) No                      tity of sugar indicated in his tender that the said
394/70 of 2 March 1970 on detailed rules for granting               monetary compensatory amount can be fixed in
export refunds on sugar (6), as last amended by Regula­             advance ; whereas application of the second subpara­
tion (EEC) No 1467/77 Q, should not apply ; whereas,                graph of the said Article 3 ( 1 ) would as a consequence,
for the same reasons, appropriate provisions should be              if the tenderer did not, as laid down, ask for advance
laid down with regard to export licences issued in                  fixing of the monetary compensatory amount at the
connection with the standing invitation to tender and               time the licence or certificate was applied for, entail
there should be a derogation from Commission Regu­                  his losing a very large security, the loss of which would
lation (EEC) No 2630/81 of 10 September 1981 on                     be out of proportion to the objective of the provisions
(') 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 .                            0 OJ No L 329, 25. 11 . 1982, p . 20 .
(3) OJ  No  L 75, 28 . 3 . 1972, p . 5 .                            ( 10) OJ No L 338 , 13 . 12. 1980 , p. 1 .
(4) OJ  No  L 143, 25 . 6. 1968 , p . 6 .                           (") OJ No L 283, 6 . 10 . 1982, p . 7.
O   OJ  No  L 167, 26 . 6 . 1976, p . 13,                          (,J) 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.                             H OJ No L 134, 15. 5. 1982, p. 22.
 ---pagebreak---  12. 7 . 83                        Official Journal of the European Communities                         No L 187/ 11
of the second subparagraph of the said Article 3 ( 1 );      (a) shall begin on 26 April 1984 ;
whereas, in consequence, a derogation should be made         (b) shall end on 2 May 1984 at 10.30 a.m .
from the said provision in the case of this tendering
procedure, so that application for advance fixing of the
monetary compensatory amount at the time when the            2. The periods during which tenders may be
application for the export licence is made should be         submitted in response to the second and subsequent
optional ;                                                   partial invitations :
                                                             (a) shall begin on the first working day following the
Whereas the measures provided for in this Regulation             end of the preceding period ;
are in accordance with the opinion of the Management
Committee for Sugar,                                         (b) shall end at 10.30 a.m. on the Wednesday of the
                                                                 following week.
                                                             3. The time limits laid down in this Regulation are
HAS ADOPTED THIS REGULATION :
                                                             expressed in Belgian time.
                                                                                     Article 5
                        Article 1
                                                              1.    Offers in connection with this tender must be in
1 . There shall be issued a supplementary standing           writing, and must be either delivered by hand, against
invitation to tender in order to determine export levies     a receipt, to the competent authority in a Member
and/or export refunds on white sugar, and during the         State, or addressed to that authority by registered letter,
period of validity of this standing invitation there shall   telex or telegram.
be issued partial invitations to tender.
                                                             2.    A tender must indicate :
2. The standing invitation to tender shall remain
open until a date to be determined subsequently.             (a) the reference number of the invitation to tender to
                                                                 which the offer relates ;
                                                             (b) the name and address of the tenderer ;
                        Article 2
                                                             (c) the quantity of white sugar to be exported ;
The standing invitation to tender and the partial invi­      (d) the amount of the export levy or, where applicable
tations shall be conducted in accordance with Regula­            of the export refund per 100 kilograms of white
tion (EEC) No 766/68 and with the following provi­               sugar, expressed in the currency of the Member
sions . Regulation (EEC) No 394/70 shall not apply.              State in which the tender is submitted ;
                                                             (e) the minimum amount of the security to be lodged
                                                                 covering the quantity of sugar indicated in (c),
                        Article 3                                expressed in the currency of the Member State in
                                                                 which the tender is submitted .
1 . Member States shall draw up a notice of invita­
tion to tender which shall be published in the Official      3.    An offer shall be valid only if :
Journal of the European Communities. Member States
may also publish the notice, or have it published, else­     (a) the quantity to be exported is not less than 250
where.                                                           tonnes of white sugar ;
                                                             (b) proof is furnished before expiry of the time limit
2.     The notice shall indicate in particular the terms         for the submission of tenders that the tenderer has
of the invitation to tender.                                     lodged the security indicated in the tender ;
                                                             (c) it includes a declaration by the tenderer that if his
3. The notice shall be published only for the                    offer is successful he will, within the period laid
purpose of opening the standing invitation to tender.            down in Article 12 (b), apply for an export licence
It may be amended during the period of validity of the           or licences in respect of the quantities of white
standing invitation to tender. It shall be so amended if         sugar to be exported ;
the terms of the invitation to tender are modified .
                                                             (d) it includes a declaration by the tenderer that if his
                                                                 tender is successful he will :
                         Article 4                               — where the obligation to export created by the
                                                                      export licence referred to in Article 12 (b) is
1 . The period during which tenders may be                            not fulfilled, supplement the security by
submitted in response to the first partial invitation to              payment of the amount referred to in Article
tender :                                                              13 (4), and
 ---pagebreak--- No L 187/ 12                         Official Journal of the European Communities                             12 . 7 . 83
    — within 30 days following the expiry of the               as it considers necessary having regard to the circum­
         export licence in question, notify the agency         stances invoked by the party concerned.
         which issued the licence of the quantity or
         quantities in respect of which the licence was
         not used ;                                                                     Article 7
(e) it contains all the information required under para­
     graph 2.                                                  1 . Tenders shall be examined in private by the
                                                               competent authority concerned . Subject to paragraph
                                                               2, persons present at the examination shall be under
4. A tender may stipulate that it is to be regarded as         an obligation not to disclose any particulars relating
having been submitted only if :                                thereto .
(a) the minimum export levy or, where applicable the           2.     Tenders shall be communicated to the Commis­
     maximum export refund, is fixed on the day of the         sion forthwith and in such manner that the tenderers
     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
     part of the tendered quantity.                                                      Article 8
5.     A tender which is not submitted in accordance           1.     After the tenders received have been examined, a
with the provisions of this Regulation, or which               maximum quantity may be fixed for that partial invita­
contains terms other than those indicated in the notice        tion .
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 white
                                                               sugar for the 1983/84 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 Article          be fixed either :
 13 (4), this security shall in the case of successful
tenderers and at the time of the application referred to       — a minimum export levy, or
in Article 12 (b) become the security for the export
licence .
                                                               — a maximum export refund.
                                                               2. Subject to Article 10, where a minimum export
2.     The security may be lodged at the tenderer's            levy is fixed, a contract shall be awarded to every
choice, either in cash or in the form of a guarantee           tenderer whose tender quotes a rate of levy equal to or
given by an establishment complying with criteria laid         greater than such minimum levy.
down by the Member State in which the tender is
submitted.                                                     3 . Subject to Article 10, where a maximum export
                                                               refund is fixed, a contract shall be awarded to every
3.     Except in the case of force majeure, the security       tenderer whose tender quotes a rate of refund equal to
will be released :                                             or less than such maximum refund and to every
                                                               tenderer who has tendered for an export levy.
(a) to tenderers only in respect of the quantity for
     which no award was made,
                                                                                        Article 10
(b) to successful tenderers only if they applied for
     their export licence within the period laid down in
     Article 12 (b) and only for the quantity in respect        1 . Where a maximum quantity has been fixed for a
     of which they have fulfilled the obligation created       partial invitation to tender :
     by that licence, Article 33 of Regulation (EEC) No        — if a minimum levy is fixed, a contract shall be
     3183/80 remaining applicable. The security lodged              awarded to the tenderer whose tender quotes the
     in respect of a quantity for which the above obliga­           highest levy ; if the maximum quantity is not fully
     tions have not been fulfilled shall be forfeited .             covered by that award, awards shall be made to
                                                                    other tenderers in descending order of levies
 4.    In case of force majeure, the competent agency               quoted until the entire maximum quantity has
 in the Member State concerned shall take such action               been accounted for,
 ---pagebreak---  12. 7 . 83                          Official Journal of the European Communities                          No L 187/ 13
— if a maximum refund is fixed, contracts shall be                 lation and Article 10 of Regulation (EEC) No
     awarded in accordance with the first indent ; if              645/75 not applying in such a case . The applica­
     after such awards a quantity is still outstanding, or         tion shall be lodged not later than :
     if there are no tenders quoting an export levy,
     contracts shall be awarded in ascending order of              — the last working day preceding the date of the
     refunds quoted until the entire maximum quantity                  partial invitation to tender to be held the
     has been accounted for, to tenderers quoting a                    following week, or
     refund .
                                                                   — if no partial invitation to tender is due to be
                                                                       held that week, the last working day of the
2. However, where an award to a particular tenderer                    following week,
in accordance with the provisions of paragraph 1               (c) the obligation to export the tendered quantity and,
would result in the maximum quantity being                         if this obligation is not fulfilled, to pay, where
exceeded, that award shall be limited to such quantity             necessary, the amount referred to in Article 13 (4).
as is still available. Where two or more tenderers quote
the same levy or the same refund and awards to all of
                                                               This right and these obligations are not transferable.
them would result in the maximum quantity being
exceeded, then the quantity available shall be awarded
as follows :
                                                                                        Article 13
— by being divided among the tenderers concerned
     in proportion to the total quantities in each of          1 . The first paragraph of Article 9 of Regulation
     their tenders, or
                                                               (EEC) No 2630/81 shall not apply to the white sugar
— by being apportioned among the tenderers                     to be exported in accordance with this Regulation .
     concerned by reference to a maximum tonnage to
     be fixed for each of them , or                            2. Export licences issued in connection with a
— by the drawing of lots .                                     partial invitation to tender shall be valid from the day
                                                               of issue until 30 September 1984.
                                                               3. Export licences issued in connection with a
                         Article 11
                                                               partial invitation to tender held between 2 May and 27
                                                               June 1984 shall be used only with effect from 1 July
1 . The competent authority of the Member State                1984 .
concerned shall immediately notify applicants of the
result of their participation in the invitation to tender.     4. Except in cases of force majeure, if the obligation
In addition, that authority shall send successful              to export created by the export licence referred to
tenderers a statement of award .
                                                               under (b) of Article 12 has not been fulfilled and if the
                                                               security referred to in Article 6 is less than :
2.     The statement of award shall indicate :
                                                               (a) the export levy indicated on the licence reduced by
(a) the reference number of the invitation to which                the levy referred to in the second subparagraph of
     the tender relates ;                                          Article 18 ( 1 ) of Regulation (EEC) No 1785/ 81 in
                                                                   force on the last day of validity of the said licence ;
(b) the quantity of white sugar to be exported ;                   or
(c) the export levy to be charged, or where applicable         (b) the sum of the export levy indicated on the licence
     the export refund to be granted, per 100 kilograms            and the export refund referred to in Article 2 of
     of white sugar of the quantity referred to in (b).            Regulation (EEC) No 766/68 in force on the last
                                                                   day of validity of the said licence ; or
                                                               (c) the export refund referred to in Article 2 of Regu­
                         Article 12
                                                                   lation (EEC) No 766/68 in force on the last day of
                                                                   validity of the licence reduced by the refund indi­
Every successful tenderer shall have :                             cated on the said licence ;
(a) the right to claim in respect of the quantity              then, under the time limits and conditions laid down
     awarded, an export licence indicating as appro­           in Article 33 of Regulation (EEC) No 3183/ 80 and by
     priate the export levy or the export refund quoted        way of a supplementary security for the quantity in
     in his tender ;                                           respect of which the said obligation was not fulfilled,
(b) the obligation to lodge, in accordance with the            the licence holder shall be charged an amount equal
     relevant provisions of Regulation (EEC) No                to the difference between the result of the calculation
     3183/80 , an application for an export licence in         made under (a), (b) or (c), as the case may be, and the
     respect of that quantity, Article 1 2 (2) of that Regu­   security referred to in Article 6.
 ---pagebreak--- No L 187/ 14                        Official Journal of the European Communities                             12. 7. 83
                        Article 14                            in ECU per 100 kilograms, between the intervention
                                                              price of white sugar applicable with effect from 1 July
If the tenderer intends to apply for advance fixing of        1984 and the intervention price of that sugar
the monetary compensatory amount under this                   applicable on 30 June 1984.
standing invitation to tender, the provisions of the
second subparagraph of Article 3 ( 1 ) of Regulation          In calculating the difference referred to in the above
(EEC) No 1160/82 shall not apply.                             subparagraph there shall be added to these interven­
                                                              tion prices the relevant storage levy as referred to
When use is made of the provisions of the first               uncfer (a) of the third subparagraph of Article 8 (2) of
subparagraph of Article 3 ( 1 ) of that Regulation, those     Regulation (EEC) No 1785/81 .
of the third subparagraph of paragraph 1 and of para­         3 . The request referred to in paragraph 1 must be
graph 2 of that Article shall remain applicable to this       submitted by the export-licence holders concerned,
tendering procedure.                                          before completion of the customs export formalities
                                                              relating to the quantities concerned, to the Member
                        Article 15                            State which issued the licence .
1.    In so far as the conditions set out in Article 12 of
                                                              That Member State shall insert the relevant adjustment
                                                              in section 18 (a) of the export licence and shall place
Regulation (EEC) No 766/68 are satisfied, any export          its stamp thereon .
refunds and export levies fixed in advance in connec­
tion with this invitation to tender before 1 July 1984        The Member States shall inform the Commission
for sugar exported on or after that date shall, at the        without delay of the quantities of sugar covered by the
request of the party concerned, be adjusted in accor­         requests referred to in paragraph 1 .
dance with paragraph 2.
                                                                                      Article 16
2. For purposes of the adjustment referred to in
paragraph 1 , the export refund shall be increased, and       This Regulation shall enter into force on 12 July 1983
the export levy decreased, by the difference, expressed        and shall apply with effect from 26 April 1984.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 8 July 1983 .
                                                                         For the Commission
                                                                           Poul DALSAGER
                                                                    Member of the Commission