CELEX: 31981R2041
Language: en
Date: 1981-07-21 00:00:00
Title: Commission Regulation (EEC) No 2041/81 of 16 July 1981 on a principal standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

No L 200/22                             Official Journal of the European Communities                              21 . 7. 81
                                   COMMISSION REGULATION (EEC) No 2041 /81
                                                        of 16 July 1981
              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                                     amended by Regulation (EEC) No 342/81 (8), from
COMMUNITIES,                                                       Commission Regulation (EEC) No 3183/80 of 3
                                                                   December 1980 laying down common detailed rules
Having regard to the Treaty establishing the European              for the application of the system of import and export
Economic Community,                                                licences and advance-fixing certificates for agricultural
                                                                   products (9) and from Commission Regulation (EEC)
                                                                   No 645/75 of 13 March 1975 laying down common
Having regard to Council Regulation (EEC) No                       detailed rules for the application of the export levies
1785/81 of 30 June 1981 on the common organiza­                    and charges on agricultural products (10), as last
tion of the market in sugar (!), and in particular Arti­           amended by Regulation (EEC) No 1607/80 (H);
cles 13 (2), 18 (5), 19 (4) and (7) and the second para­
graph of Article 39 thereof,                                       Whereas the measures provided for in this Regulation
                                                                   are in accordance with the opinion of the Manage­
Having regard to Council Regulation (EEC) No                       ment Committee for Sugar,
608/72 of 23 March 1972 laying down rules to be
applied in the case of considerable price rises on the
world sugar market (2), and in particular Article 1 ( 1 )
thereof,                                                           HAS ADOPTED THIS REGULATION :
Whereas, in view of the situation on the Community
                                                                                             Article 1
and world sugar markets, a principal standing invita­
tion to tender should be issued for the exportation of
white sugar which, having regard to possible fluctua­              1 . There shall be issued a principal standing invita­
tions in world prices for sugar, must provide for the              tion to tender in order to determine export levies
determination of export levies and/or export refunds ;             and/or export refunds on white sugar, and during the
                                                                   period of validity of this standing invitation there
                                                                   shall be issued partial invitations to tender.
Whereas the general rules governing invitations to
tender for the purpose of determining export refunds               2. The standing invitation to tender shall remain
for sugar were laid down in Council Regulation (EEC)               open until 16 June 1982.
No 766/68 of 18 June 1968 laying down general rules
for granting export refunds on sugar (3), as last
amended by Regulation (EEC) No 1489/76 (4) ;                                                 Article 2
Whereas, in view of the specific nature of the trans­              The standing invitation to tender and the partial invi­
actions involved, special detailed rules of application            tations shall be conducted in accordance with Regula­
should be laid down in this Regulation, and those                  tion (EEC) No 766/68 and with the following provi­
 provided for in Commission Regulation (EEC) No                    sions. Regulation (EEC) No 394/70 shall not apply.
 394/70 of 2 March 1970 on detailed rules for granting
 export refunds on sugar (5), as last amended by Regula­
 tion (EEC) No 1467/77 (6), should not apply ; whereas,                                      Article 3
 for the same reasons, appropriate provisions should be
 laid down with regard to export licences issued in                 1 . The Member States shall draw up a notice of invi­
 connection with the standing invitation to tender and              tation to tender which shall be published in the Offi­
 there should be a derogation from Commission Regu­                 cial Journal of the European Communities. Member
 lation (EEC) No 2990/76 of 9 December 1976 on                      States may also publish the notice, or have it
 special detailed rules for the application of the system           published, elsewhere .
 of import and export licences for sugar (7), as last
                                                                    2.    The notice shall indicate in particular the terms
 (»)  OJ No L  177, 1 . 7. 1981 , p. 4.                             of the invitation to tender.
 (2)  OJ No L 75, 28 . 3 . 1972, p. 5.
 (3)  OJ No L  143, 25. 6. 1968 , p. 6.
 (4)  OJ No L  167, 26. 6. 1976, p. 13.                             (8) OJ No L 38 , 11 . 2. 1981 , p. 8 .
 (5)  OJ No L 50, 4. 3 . 1970, p. 1 .                               (9) OJ No L 338, 13. 12. 1980, p. 1 .
 (<>) OJ No L  162, 1 . 7. 1977, p. 6.                              H OJ No L 67, 14. 3 . 1975, p. 16.
 (7)  OJ No L 341 , 10 . 12. 1976, p. 14.                           (») OJ No L 160 26. 6. 1980, p. 42.
 ---pagebreak--- 21 . 7 . 81                          Official Journal of the European Communities                            No L 200/23
3 . The notice shall be published only for the                       sugar, expressed in the currency of the Member
purpose of opening the standing invitation to tender.                State in which the tender is submitted ;
It may be amended during the period of validity of             (e) the amount of the security to be lodged covering
the standing invitation to tender. It shall be so                    the quantity of sugar indicated in (c), expressed in
amended if the terms of the invitation are modified.
                                                                     the currency of the Member State in which the
                                                                     tender is submitted .
                          Article 4
                                                                3.     An offer shall be valid only if :
1 . The period during which tenders may be
                                                                (a) the quantity to be exported is not less than 250
submitted in response to the first partial invitation to
tender :                                                             tonnes of white sugar ;
(a) shall begin on 21 July 1981 ,                               (b) proof is furnished before expiry of the time limit
                                                                     for the submission of offers that the tenderer has
(b) shall end on 28 July 1981 at 10.30 a.m .                         lodged the security indicated in the offer ;
2. The periods during which tenders may be                      (c) it includes a declaration by the tenderer that if his
submitted in response to the second and subsequent                   offer is successful he will, within the period laid
partial invitations :                                                down under (b) of Article 12, apply for export
                                                                     licences in respect of the quantities of white sugar
(a) shall begin on the first working day following the               to be exported ;
     end of the preceding period ;
                                                                (d) it includes a declaration by the tenderer that if his
(b) shall end at 10.30 a.m . on the Wednesday of the                 offer is successful he will :
     following week.
                                                                     — where the obligation to export created by the
3 . By way of derogation from paragraph 2 (b), the                       export licence referred to under (b) of Article
period for the submission of tenders which would                         12 is not fulfilled, supplement the tender by
otherwise end on :                                                       payment of the amount referred to in Article
                                                                         13 (3) and,
(a) Wednesday, 11 and Wednesday, 18 November
      1981 shall end on Tuesday, 10 and Tuesday, 17                  — within 30 days following the expiry of the
     November 1 98 1 respectively, at 1 0.30 a.m. ;                      export licence in question, notify the agency
                                                                         which issued the licence of the quantity or
(b) Wednesday, 6 January            1982 shall end on                    quantities in respect of which the licence was
     Thursday, 7 January 1982 at 10.30 a.m .;                            not used ;
(c) Wednesday, 17 March 1982 shall end                  on      (e) it contains all the information required under para­
     Thursday, 18 March 1982 at 10.30 a.m.;                          graph 2.
(d) Wednesday, 28 April 1982 shall end on Tuesday,
     27 April 1982 at 10.30 a.m .
                                                                4. An offer may stipulate that it is to be regarded as
                                                                having been sumitted only if :
4.      By way of derogation from paragraph 2, the              (a) the minimum export levy or, where applicable, the
partial invitation to tender planned for Wednesday, 30               maximum export refund, is fixed on the day of
December 1981 will not take place.                                   expiry of the period for the submission of the
                                                                     offers in question ;
 5. The time limits laid down in this Regulation are
expressed in Belgian time.                                      (b) the offer, if successful, relates to all or a specified
                                                                     part of the tendered quantity.
                          Article 5
                                                                 5.    An offer which is not submitted in accordance
 1.     Offers in connection with this tender must be in        with the provisions of this Regulation, or which
                                                                contains terms other than those indicated in the
writing, and must be either delivered by hand, against
                                                                notice of invitation to tender, shall not be considered.
 a receipt, to the competent authority in a Member
 State, or addressed to that authority by registered             6.     Once submitted, an offer may not be withdrawn .
 letter, telex or telegram .
 2.     An offer must indicate :                                                          Article 6
 (a) the reference number of the invitation to which             1 . A security of 9 ECU per 100 kilograms of sugar
      the offer relates ;
                                                                 to be exported under this invitation to tender must be
(b) the name and address of the tenderer ;                       lodged by each tenderer. Without prejudice to Article
 (c) the quantity of white sugar to be exported ;
                                                                 13 (3) of this Regulation, this security shall in the case
                                                                 of the successful tenderers and at the time of the appli­
(d) the amount of the export levy or, where applicable           cation referred to in Article 1 2 (b) become the security
      of the export refund per 100 kilograms of white            for the export licence .
 ---pagebreak--- No L 200 / 24                       Official Journal of the European Communities                               21 . 7. 81
2. The security may be lodged, at the tenderer s              — a minimum export levy, or
choice either in cash or in the form of a guarantee           — a maximum export refund.
given by an establishement complying with criteria
laid down by the Member State in which the tender is
submitted .                                                    2. Subject to Article 10, where a minimum export
                                                               levy is fixed, a contract shall be awarded to every
                                                               tenderer whose tender quotes a rate of levy equal to or
3.     Except in case of force majeure the security shall     greater than such minimum levy.
be released :
(a) to tenderers only in respect of the quantity for           Subject to Article 10, where a maximum export refund
     which no award was made ;                                 is fixed, a contract shall be awarded to every tenderer
                                                              whose tender quotes a rate of refund equal to or less
                                                               than such maximum refund and to every tenderer
(b) to successful tenderers only if they applied for          who has tendered for an export levy.
     their export licence within the period laid down
     under (b) of Article 1 2 and only for the quantity in
     respect of which they have fulfilled the obligation
     created by that licence, Article 33 of Regulation                                  Article 10
     (EEC) No 3183/80 remaining applicable.
                                                               1 . Where a maximum quantity has been fixed for a
                                                               partial invitation to tender :
4.     In case of force majeure, the competent agency
in the Member State concerned shall take such action
as it considers necessary having regard to the circum­        — if a minimum levy is fixed, a contract shall be
stances invoked by the party concerned.                             awarded to the tenderer whose tender quotes the
                                                                    highest levy. If the maximum quantity is not fully
                                                                    covered by that award, awards shall be made to
                                                                    other tenderers in descending order of levies
                         Article 7
                                                                    quoted until the entire maximum quantity has
                                                                    been accounted for ;
 1 . Offers shall be examined in private by the
competent authority concerned. Subject to paragraph            — if a maximum refund is fixed, contracts shall be
2, persons present at the examination shall be under                awarded in accordance with the first indent ; if
an obligation not to disclose any particulars relating              after such awards a quantity is still outstanding, or
thereto .                                                           if there are no tenders quoting an export levy,
                                                                    contracts shall be awarded in ascending order of
                                                                    refunds quoted until the entire maximum quantity
2.     Offers shall be communicated to the Commis­                  has been accounted for, to tenderers quoting a
sion forthwith and in such manner that the tenderers                refund.
remain anonymous.
                                                               2. However, where an award to a particular tenderer
                         Article 8
                                                               in accordance with the provisions of paragraph 1
                                                               would result in the maximum quantity being
                                                               exceeded, that award shall be limited to such quantity
 1.    After the offers received have been examined, a         as is still available . Where two or more tenderers
maximum quantity may be fixed for that partial invita­         quote the same levy or the same refund and awards to
tion .                                                         all of them would result in the maximum quantity
                                                               being exceeded, then the quantity available shall be
                                                               awarded as follows :
 2. A decision may be taken to make no award
under a specific partial invitation to tender.
                                                               — by being divided among the tenderers concerned
                                                                    in proportion to the total quantities in each of
                                                                    their tenders, or
                         Article 9
                                                               — by being apportioned among the tenderers
 1 . In the light of the intervention price for white               concerned by reference to a maximum tonnage to
                                                                    be fixed for each of them, or
 sugar for the 1981 /82 marketing year and the current
 state and foreseeable development of the Community
 and world sugar markets, there shall be fixed either :        — by the drawing of lots.
 ---pagebreak--- 21 . 7. 81                          Official Journal of the European Communities                          No L 200/25
                        Article 11                             2. Export licences issued in connection with a
                                                               partial invitation to tender shall be valid from the day
1.     * ue competent authority of the Member State            of issue until the end of the fifth month following
concerned shall immediately notify applicants of the           that in which the award in respect of that partial invi­
                                                               tation to tender was made .
result of their participation in the invitation to tender.
In addition, that authority shall send successful              However,
tenderers a statement of award.
                                                               (a) export licences issued in connection with a partial
2.     The statement of award shall indicate :                      invitation to tender :
(a) the reference number of the invitation to which                 — held between 28 July 1981 and 16 September
     the tender relates ;                                               1981 shall be used only with effect from 16
                                                                        September 1981 ,
(b) the quantity of white sugar to be exported ;
                                                                    — held between 17 and 30 September 1981 shall
(c) the export levy to be charged, or where applicable                  be valid from the day of issue,
     the export refund to be granted, per 100 kilograms             and shall be valid only until 31 December 1981 .
     of white sugar of the quantity referred to in (b).
                                                               (b) export licences issued in connection with a partial
                                                                    invitation to tender held after 1 February 1982
                        Article 12                                  shall be valid only until 31 July 1982.
Every successful tenderer shall have :                         3.     Except in case of force majeure, if the obligation
                                                               to export created by the export licence referred to
(a) the right to claim in respect of the quantity              under (b) of Article 12 has not been fulfilled and if
     awarded, an export licence indicating as appro­           the security referred to in Article 6 is less than :
     priate the export levy or the export refund quoted
     in his offer ;
                                                               (a) the export levy indicated on the licence reduced
(b) the obligation to lodge, in accordance with the                 by the levy referred to in the second subparagraph
     relevant provisions of Regulation (EEC) No                     of Article 18 ( 1 ) of Regulation (EEC) No 1785/81
     3183/80, an application for an export licence in               in force on the last day of validity of the said
                                                                    licence, or
     respect of that quantity, Article 1 2 (2) of that Regu­
     lation and Article 10 of Regulation (EEC) No
     645/75 not applying in such a case.                       (b) the sum of the export levy indicated on the
                                                                    licence and the export refund referred to in Article
     The application shall be lodged not later than the             2 of Regulation (EEC) No 766/68 in force on the
     day preceding the date of the following partial invi­          last day of validity of the said licence, or
     tation to tender. Where, however, the latter partial
     invitation to tender does not take place within the       (c) the export refund referred to in Article 2 of Regula­
     period referred to under (b) of Article 4 (2), the             tion (EEC) No 766/68 in force on the last day of
     application for a licence shall be lodged within               validity of the licence reduced by the refund indi­
     five days of the date of the partial invitation to             cated on the said licence,
     tender in respect of which that application is
     lodged ;                                                   then, under the time limits and conditions laid down
                                                                in Article 33 of Regulation (EEC) No 3183/80 and by
(c) the obligation to export the tendered quantity and,        way of a supplementary security for the quantity in
     if this obligation is not fulfilled, to pay, where         respect of which the said obligation was not fulfilled,
     necessary, the amount referred to in Article 13 (3).       the licence holder shall be charged an amount equal
                                                                to the difference between the result of the calculation
This right and these obligations shall not be transfer­         made under (a), (b) or (c), as the case may be, and the
able .                                                          security referred to in Article 6.
                         Article 13
                                                                                         Article 14
 1 . Article 9 of Regulation (EEC) No 2990/76 shall
 not apply to the white sugar to be exported in accor­          This Regulation shall enter into force on 21 July
 dance with this Regulation.                                    1981 .
 ---pagebreak--- No L 200 /26                  Official Journal of the European Communities                        21 . 7. 81
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 16 July 1981 .
                                                                  For the Commission
                                                                      The President
                                                                     Gaston THORN