CELEX: 31990R0983
Language: en
Date: 1990-04-20 00:00:00
Title: Commission Regulation (EEC) No 983/90 of 19 April 1990 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar

20 . 4. 90                                Official Journal of the European Communities                              No L 100/9
                                        COMMISSION REGULATION (EEC) No 983/90
                                                         of 19 April 1990
                   on a standing invitation to tender to determine levies and/or refunds on exports
                                                          of white sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         amended by Regulation (EEC) No 1714/88 f), should not
                                                                    apply ; whereas, for the same reasons, appropriate provi­
                                                                    sions should be laid down with regard to export licences
                                                                    issued in connection with the standing invitation to
Having regard to the Treaty establishing the European               tender and there should be a derogation from Commis­
Economic Community,                                                 sion Regulation (EEC) No 2630/81 of 10 September 1981
                                                                    on special detailed rules for the application of the system
                                                                    of import and export licences for sugar (8), as last amended
                                                                    by Regulation (EEC) No 1714/88 ; whereas, however, the
                                                                    provisions of Commission Regulation (EEC) No 3719/88
Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of the
                                                                    of 16 November 1988 laying down common detailed
                                                                    rules for the application of the system of import and
markets in the sugar sector ('), as last amended by Regula­         export licences and advance fixing certificates for agricul­
tion (EEC) No 1069/89 (2), and in particular Articles 13            tural products (9), as last amended by Regulation (EEC) No
(2), 18 (5), 19 (4) and (7) and the second subparagraph of           1 54/90 (l0), and those of Commission Regulation (EEC)
Article 39 thereof,
                                                                    No 120/89 of 19 January 1989 laying down common
                                                                    detailed rules for the application of the export levies and
                                                                    charges on agricultural products ("), should remain appli­
                                                                    cable ;
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
markets (3), and in particular Article 1 ( 1 ) thereof,             Whereas the second subparagraph of Article 3 ( 1 ) of
                                                                    Commission Regulation (EEC) No 3155/85 of 11
                                                                     November 1985 providing for the advance fixing of
                                                                     monetary compensatory amounts (u), as last amended by
whereas, in view of the situation on the Community and              Regulation (EEC) No 3521 /88 (IJ), provides that, where
world sugar markets, a standing invitation to tender                the levy or refund is fixed in advance by means of
should be issued as soon as possible for the export of               tenders, applications to fix the monetary compensatory
white sugar in respect of the 1990/91 marketing year                amount in advance shall be accepted only if the party
which, having regard to possible fluctuations in world               concerned has declared in writing at the time of submis­
prices for sugar, must provide for the determination of             sion of the tender that he will also apply to fix the mone­
export levies and/or export refunds ;                                tary compensatory amount in advance if the tender is
                                                                     accepted in whole or in part ; whereas, in such cases, the
                                                                     obligation to lodge an application to fix the levy or refund
                                                                     in advance following acceptance of the tender involves an
                                                                    obligation to request at the same time advance fixing of
Whereas the general rules governing invitations to tender            the monetary compensatory amount ; whereas, for reasons
for the purpose of determining export refunds for sugar              peculiar to the market in sugar, when an operator intends
were laid down in Council Regulation (EEC) No 766/68                 to make use of the facility of fixing a monetary compen­
of 18 June 1968 laying down general rules for granting               satory amount in advance in connection with an export
export refunds on sugar (4), as last amended by Regulation           levy or refund fixed in advance under a tendering proce­
(EEC) No 1489/76 0 ;                                                 dure he only makes up his mind to do so at the moment
                                                                    when the application for the export licence is made ;
                                                                     whereas it is only after he has been declared successful in
                                                                     respect of a levy or refund for the quantity of sugar indi­
Whereas, in view of the specific nature of the transactions          cated in his tender that the said monetary compensatory
involved, special detailed rules should be laid down in              amount can be fixed in advance ; whereas, in conse­
this Regulation, and those provided for in Commission                quence, a derogation should be made from the said provi­
Regulation (EEC) No 394/70 of 2 March 1 970 on detailed              sion in the case of this tendering procedure, so that appli
rules for granting export refunds on sugar (6), as last
                                                                     O OJ No L 152, 18 . 6. 1988, p. 23 .
(') OJ  No   L 177, 1 . 7. 1981 , p. 4.                              (8) OJ No L 258, 11 . 9. 1981 , p. 16.
(2) OJ  No   L 114, 27. 4. 1989, p. 1 .                              O OJ No L 331 , 2. 12. 1988, p. 1 .
0   OJ  No   L 75, 28 . 3. 1972, p. 5.                               H OJ No L 18, 23. 1 . 1990, p. 26.
O   OJ  No   L 143, 25. 6. 1968, p. 6.                               (") OJ No L 16, 20. 1 . 1989, p. 19.
0   OJ  No   L 167, 26. 6. 1976, p. 13.                              H OJ No L 310, 21 . 11 . 1985, p. 22.
(*) OJ  No   L 50, 4. 3. 1970, p. 1 .                                (,J) OJ No L 307, 12. 11 . 1988, p. 28 .
 ---pagebreak---  No L 100/ 10                         Official Journal of the European Communities                                 20 . 4. 90
cation for advance fixing of the monetary compensatory          — Wednesday, 25 July 1990 shall end on Tuesday, 24
amount at the time when the application for the export               July 1990 at 10.30 a.m.,
licence is made should be possible ;                            — Wednesday, 15 August 1990 shall end on Tuesday, 14
                                                                     August 1990 at 10.30 a.m .,
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                — Wednesday, 21 November 1990 shall end on Tuesday
Committee for Sugar,                                                 20 November 1990 at 10.30 a.m.,
                                                                — Wednesday, 2 January 1991 shall end on Thursday, 3
                                                                     January 1991 at 10.30 a.m.
HAS ADOPTED THIS REGULATION :
                                                                4. Notwithstanding paragraph 2, no partial invitations
                                                                to tender will be issued on Wednesday, 26 December
                          Article 1                             1990 .
 1 . A standing invitation to tender shall be issued in         5. The time-limits laid down in this Regulation are
order to determine export levies and/or export refunds on       expressed in Belgian time.
white sugar. During the period of validity of this standing
                                                                                          Article 5
invitation, partial invitations to tender shall be issued.
                                                                 1.    Offers in connection with this tender must be in
2. The standing invitation to tender shall remain open
until 15 May 1991 .                                             writing, and must be either delivered by hand, against a
                                                                receipt, to the competent authority in a Member State, or
                                                                addressed to that authority by registered letter, telex, tele­
                          Article 2                             gram or fax message.
The standing invitation to tender and the partial invita        2.     An offer must indicate :
tions shall be conducted in accordance with Regulation          (a) the reference number of the invitation to tender to
(EEC) No 766/68 and with the following provisions.                   which the offer relates ;
Regulation (EEC) No 394/70 shall not apply.
                                                                (b) the name and address of the tenderer ;
                          Article 3
                                                                (c) the quantity of white sugar to be exported ;
                                                                (d) the amount of the export levy or, where applicable, of
 1.    The notice of the invitation to tender shall be               the export refund, per 100 kilograms of white sugar,
published in the Official Journal of the European                    expressed in the currency of the Member State in
Communities. Member States may also publish the notice,              which the tender is submitted ;
or have it published, elsewhere.                                (e) the minimum amount of the security to be lodged
2.     The notice shall indicate in particular the terms of          covering the quantity of sugar indicated in (c),
the invitation to tender.                                            expressed in the currency of the Member State in
                                                                     which the tender is submitted.
3. The notice may be amended during the period of
validity of the standing invitation to tender. It shall be so   3.     An offer shall be valid only if :
amended if the terms of the invitation to tender are modi­      (a) the quantity to be exported is not less than 250 tonnes
fied during that period.                                             of white sugar ;
                                                                (b) proof is furnished before expiry of the time-limit for
                          Article 4                                  the submission of tenders that the tenderer has lodged
                                                                     the security indicated in the tender ;
 1 . The period during which tenders may be submitted
in response to the first partial invitation to tender :         (c) it includes a declaration by the tenderer that if his
                                                                     tender is successful he will, within the period laid
(a) shall begin on 21 April 1990 ;                                   down in Article 12 (b), apply for an export licence or
(b) shall end on 3 May 1990 at 10.30 a.m.                            licences in respect of the quantities of white sugar to
                                                                     be exported ;
2. The periods during which tenders may be submitted            (d) it includes a declaration by the tenderer that if his
in response to the second and subsequent partial invita­             tender is successful he will :
tions :
                                                                     — where the obligation to export resulting from the
(a) shall begin on the first working day following the end               export licence referred to in Article 12 (b) is not
     of the preceding period ;                                           fulfilled, supplement the security by payment of
(b) shall end at 10.30 a.m. on the Wednesday of the                      the amount referred to in Article 13 (4), and
     following week.                                                 — within 30 days following the expiry of the export
                                                                         licence in question, notify the agency which issued
3.     Notwithstanding paragraph 2 (b), the period for the               the licence of the quantity or quantities in respect
submission of tenders which was to end on                                of which the licence was not used ;
— Wednesday, 9 May 1990 shall end on Thursday, 10                (e) it contains all the information required under para­
     May 1990 at 10.30 a.m.,                                         graph 2.
 ---pagebreak--- 20 . 4. 90                              Official Journal of the European Communities                            No L 100/ 11
4. A tender may stipulate that it is to be regarded as                 resulting from the licence referred to under Article 12
having been submitted only if :                                        (b) in accordance with the terms of Article 33 of that
                                                                       Regulation.
(a) the minimum export levy or, where applicable, the
     maximum export refund is fixed on the day of the                  The part of the security or the security which is not
     expiry of the period for the submission of the tenders            released shall be forfeit in respect of the quantity of
     in question ;                                                     sugar for which the corresponding obligations have
                                                                       not been fulfilled.
(b) the tender, if successful, relates to all or a specified
     part of the tendered quantity.                               4.     In case of force majeure, the competent authority of
                                                                  the Member State concerned shall take such action as it
5.     A tender which is not submitted in accordance with         considers necessary having regard to the circumstances
the provisions of this Regulation, or which contains terms        invoked by the party concerned.
other than those indicated in the present invitation to
tender, shall not be considered.                                                             Article 7
6.     Once submitted, a tender may not be withdrawn.              1 . Tenders shall be examined in private by the compe­
                                                                  tent authority concerned. The persons present at the
                                                                  examination shall be under an obligation not to disclose
                           Article 6                              any particulars relating thereto.
                                                                  2.     Tenders shall be communicated to the Commission
1 . A security of ECU 9 per 100 kilograms of white
                                                                  forthwith and in such a manner that the tenderers remain
sugar to be exported under this invitation to tender must
be lodged by each tenderer. Without prejudice to Article          anonymous.
13 (3), this security shall in the case of successful tende­
rers and at the time of the application referred to in                                       Article 8
Article 1 2 (b) become the security for the export licence.
                                                                   1.    After the tenders received have been examined, a
2.     The security may be lodged at the tenderer's choice,       maximum quantity may be fixed for the partial invitation
either in cash or in the form of a guarantee given by an          concerned.
establishment complying with criteria laid down by the
Member State in which the tender is submitted.                     2. A decision may be taken to make no award under a
                                                                  specific partial invitation to tender.
3. Except in cases of force majeure the security referred
to in paragraph 1 will be released :
                                                                                             Article 9
(a) to unsuccessful tenderers in respect of the quantity for
     which no award has been made ;                                1 . In the light of the current state and foreseeable
                                                                   development of the Community and world sugar markets,
(b) to successful tenderers who have not applied for the           there shall be fixed either :
     relevant export licence within the period referred to in
     Article 12 (b), to the extent of ECU 8 per 100 kilo­         — a minimum export levy,
     grams of white sugar.                                             or
                                                                  — a maximum export refund.
     However, this part of the releasable security shall be
     reduced by the amount representing the difference             2. Subject to Article 10, where a minimum export levy
     existing, as applicable :                                     is fixed, a contract shall be awarded, to every tenderer
                                                                  whose tender quotes a rate of refund equal to or greater
     — between the maximum amount of the export                    than such minimum levy.
         refund fixed for the partial invitation concerned
         and the maximum amount of the export refund               3. Subject to Article 1 0, where a maximum export
         fixed for the following partial invitation when the       refund is fixed, a contract shall be awarded to every
         latter amount is higher than the former,                  tenderer whose tender quotes a rate of refund equal to or
         or                                                        less than such maximum refund and to every tenderer
                                                                   who has tendered for an export levy.
     — between the minimum amount of the export levy
         fixed for the partial invitation concerned and the
         minimum amount of the export levy fixed for the                                     Article 10
         following partial invitation when the latter amount
         is lower than the former ;                                1 . Where a maximum quantity has been fixed for a
                                                                   partial invitation to tender :
(c) to successful tenderers for the quantity for which they
     have fulfilled, within the meaning of Article 29 (b)          — if a minimum levy is fixed, a contract shall be
     and the first subparagraph of Article 30 ( 1 ) (b) (i) of         awarded to the tenderer whose tender quotes the
     Regulation (EEC) No 3719/88, the export obligation                 highest levy ; if the maximum quantity is not fully
 ---pagebreak---  No L 100/ 12                          Official Journal of the European Communities                                    20. 4. 90
     covered by that award, awards shall be made to other             quantity, the application not being revocable and
     tenderers in descending order of levies quoted until             Article 12 of Regulation (EEC) No 120/89 not
     the entire maximum quantity has been accounted for,              applying in such a case. The application shall be
— if a maximum refund is fixed, contracts shall be                    lodged in accordance with the relevant provisions of
     awarded in accordance with the first indent ; if after
                                                                      Regulation (EEC) No 3719/88, not later than :
     such awards a quantity is still outstanding, or if there         — the last working day preceding the date of the
     are no tenders quoting an export levy, contracts shall               partial invitation to tender to be held the following
     be awarded in ascending order of refunds quoted until                week,
     the entire maximum quantity has been accounted for,
                                                                          or
     to tenderers quoting a refund.
                                                                      — if no partial invitation to tender is due to be held
2. However, where an award to a particular tenderer in                    that week, the last working day of the following
accordance with the provisions of paragraph 1 would                       week ;
result in the maximum quantity being exceeded, that
award shall be limited to such quantity as is still available.   (c) the obligation to export the tendered quantity and, if
Where two or more tenderers quote the same levy or the                this obligation is not fulfilled, to pay, where necessary,
same refund and awards to all of them would result in the             the amount referred to in Article 13 (4).
maximum quantity being exceeded, then the quantity
available shall be awarded as follows :                          This right and these obligations are not transferable.
— by being divided among the tenderers concerned in
     proportion to the total quantities in each of their                                    Article 13
     tenders, or
— by being apportioned among the tenderers concerned              1 . The first paragraph of Article 9 of Regulation (EEC)
     by reference to a maximum tonnage to be fixed for           No 2630/81 shall not apply to the white sugar to be
     each of them, or
                                                                 exported in accordance with this Regulation.
— by the drawing of lots.
                                                                 2. - Export licences issued in connection with a partial
                                                                 invitation to tender shall be valid from the day of issue
                          Article 11
                                                                 until the end of the fifth calendar month following that
                                                                 in which the partial invitation was issued.
 1 . The competent authority of the Member State                 However, export licences issued in respect of the partial
concerned shall immediately notify applicants of the             invitations held after 1 May 1991 will be valid only until
result of their participation in the invitation to tender. In    30 September 1991 .
addition, that authority shall send successful tenderers a
statement of award.
                                                                 3. The export licences issued in respect of the partial
                                                                 invitations held between 3 May 1990 and 12 September
2.     The statement of award shall indicate :                    1990 will be usable only from 13 September 1990.
(a) the reference number of the invitation to which the          4. Except in cases of force majeure, if the obligation to
     tender relates ;                                            export resulting from the export licence referred to under
(b) the quantity of white sugar to be exported ;                 Article 1 2 (b) has not been fulfilled and if the security
                                                                 referred to in Article 6 is less than :
(c) the export levy to be charged, or where applicable the
     export refund to be granted, per 100 kilograms of           (a) the export levy indicated on the licence reduced by
     white sugar of the quantity referred to in (b).                  the levy referred to in the second subparagraph of
                                                                      Article 18 (1 ) of Regulation (EEC) No 1785/81 in
                                                                      force on the last day of validity of the said licence,
                          Article 12                                  or
                                                                 (b) the sum of the export levy indicated on the licence
Every successful tenderer shall have :                                and the refund referred to in Article 2 of Regulation
                                                                      (EEC) No 766/68 in force on the last day of validity of
(a) the right to receive in the circumstances referred to             the said licence,
     under (b), in respect of the quantity awarded, an
     export licence indicating, as appropriate, the export            or
     levy or the export refund quoted in his tender ;
                                                                 (c) the export refund referred to in Article 2 of Regulation
(b) the obligation to lodge, in accordance with the rele­             (EEC) No 766/68 in force on the last day of validity of
     vant provisions of Regulation (EEC) No 3719/88, an               the licence reduced by the refund indicated on the
     application for an export licence in respect of that             said licence,
 ---pagebreak--- 20 . 4. 90                             Official Journal of the European Communities                            No L 100/ 13
then, for the quantity in respect of which the said obliga­          which is lower than that in force on 30 June 1990, the
tion was not fulfilled, the licence holder shall be charged          export refund and the export levy shall be adjusted by
an amount equal to the difference between the result of              an amount equal to the difference expressed in ecus
the calculation made under (a), (b) or (c), as the case may          per 100 kilograms existing between the intervention
be, and the security referred to in Article 6 (1 ).                  price for white sugar in force on 30 June 1990 and
                                                                     the intervention price for that sugar applicable with
                           Article 14                                effect from 1 July 1990
                                                                 3.     For the calculation of the differences referred to in
If the tenderer intends to apply for advance fixing of the
monetary compensatory amount under this standing invi­           paragraph 2, the intervention prices in question shall be
tation to tender, the provisions of the second paragraph of      increased by the corresponding storage levy referred to in
Article 3 ( 1 ) of Regulation (EEC) No 3155/85 shall not         the second subparagraph of Article 8 (2) of Regulation
apply.                                                           (EEQ No 1785/81 .
                                                                 4. For the purpose of applying this Article, the
                           Article 15                            Member State issuing the relevant export licence shall at
                                                                 the time of issue complete section 'special particulars' by
 1 . If the terms of Article 12 of Regulation (EEC) No
                                                                 adding the following :
766/68 apply, the export refunds and export levies fixed
in advance under the terms of the present invitation to              'to be adjusted in accordance with adjudication Regu­
tender :                                                             lation (EEC) No 983/90 for exports which take place
(a) before 1 July 1990 for the sugar exported as from that
                                                                     after 30 June . . .' (1990 or 1991 as applicable).
     date ;                                                      5. Upon presentation by the holder of the export
(b) before 1 July 1991 , for the sugar exported as from that     licence concerned, or by the assignee when the licence
     date,                                                       has been transferred, to the Member State that issued it
                                                                 and before the customs formalities for the quantities
shall be adjusted.                                               concerned have been carried out, that Member State shall
2. For the adjustment referred to in paragraph 1 (a) :           enter the adjustment to be made in section 'special parti­
                                                                 culars' and shall duly certify and stamp that section.
(a) in the event of the fixing of an intervention price for
     white sugar applicable with effect from 1 July 1990          6. For the adjustment referred to in paragraph 1 (b) the
     which is greater than that in force on 30 June 1990,         provisions of paragraphs 2 to 5 shall be applicable
     the export refund and the export levy shall be adjusted      mutatis mutandis.
     by an amount equal to the difference expressed in            7.   The Member States shall inform the Commission as
     ecus per 100 kilograms existing between the interven­
     tion price for white sugar applicable with effect from      quickly as possible of the quantities of sugar for which an
     1 July 1990 and the intervention price for that sugar        adjustment under this Article has been made.
     in force on 30 June 1990 ;
                                                                                           Article 16
(b) in the event of the fixing of an intervention price for
     white sugar applicable with effect from 1 July 1990         This Regulation shall enter into force on 21 April 1990.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.                                                                  ^
                   Done at Brussels, 19 April 1990.
                                                                           For the Commission
                                                                             Ray MAC SHARRY
                                                                       Member of the Commission