CELEX: 31986R1659
Language: en
Date: 1986-05-30 00:00:00
Title: Commission Regulation (EEC) No 1659/86 of 29 May 1986 on a principal standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

30 . 5. 86                               Official Journal of the European Communities                             No L 145/29
                                       COMMISSION REGULATION (EEC) No 1659/86
                                                        of 29 May 1986
                   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 COMMUNITIES,                        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 3819/85 (9) ; whereas, however,
Having regard to the Treaty establishing the European              the provisions of Commission Regulation (EEC) No
Economic Community,                                                3183/80 of 3 December 1980 laying down common
                                                                   detailed rules for the application of the system of import
                                                                   and export licences and advance fixing certificates for
                                                                   agricultural products (10), as last amended by Regulation
Having regard to Council Regulation (EEC) No 1785/81               (EEC) No 592/86 ("), and those of Commission Regula­
of 30 June 1981 on the common organization of the                  tion (EEC) No 645/75 of 13 March 1975 laying down
markets in the sugar sector ('), as last amended by Regula­        common detailed rules for the application of the export
tion (EEC) No 934/86 (2), and in particular Articles 13 (2),       levies and charges on agricultural products (12), as last
18 (5), 19 (4) and (7) and the second paragraph of Article         amended by Regulation (EEC) No 1607/80 (13) should
39 thereof,
                                                                   remain applicable ;
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                Whereas the second subparagraph of Article 3 ( 1 ) of
markets (3), and in particular Article 1 ( 1 ) thereof,            Commission Regulation (EEC) No 3155/85 of 11
                                                                   November 1985 providing for the advance fixing of
                                                                   monetary compensatory amounts (14), as amended by
Whereas, in view of the situation on the Community and             Regulation (EEC) No 3826/85 (15), 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 for the export of white sugar which,              tenders, applications to fix the monetary compensatory
having regard to possible fluctuations in world prices for         amount in advance shall be accepted only if the party
sugar, must provide for the determination of export levies         concerned has declared in writing at the time of submis­
and/or export refunds ;                                            sion of the tender that he will also apply to fix the mone­
                                                                   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
Whereas the general rules governing invitations to tender          in advance following acceptance of the tender involves an
for the purpose of determining export refunds for sugar            obligation to request at the same time advance fixing of
were laid down in Council Regulation (EEC) No 766/68               the monetary compensatory amount ; whereas, for reasons
of 18 June 1968 laying down general rules for granting             peculiar to the market in sugar, when an operator intends
export refunds on sugar (4), as last amended by Regulation         to make use of the facility of fixing a monetary compen­
(EEC) No 1489/76(0 ;                                               satory 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 moment
Whereas, in view of the specific nature of the transactions        when the application for the export licence is made ;
involved, special detailed rules should be laid down in            whereas it is only after he has been declared successful in
this Regulation, and those provided for in Commission              respect of a levy or refund for the quantity of sugar indi­
Regulation (EEC) No 394/70 of 2 March 1970 on detailed             cated in his tender that the said monetary compensatory
rules for granting export refunds on sugar (% as last              amount can be fixed in advance ; whereas, in conse­
amended by Regulation (EEC) No 1467/77 Q, should not               quence, a derogation should be made from the said provi­
apply ; whereas, for the same reasons, appropriate provi­          sion in the case of this tendering procedure, so that appli­
sions should be laid down with regard to export licences           cation for advance fixing of the monetary compensatory
issued in connection with the standing invitation to               amount at the time when the application for the export
tender and there should be a derogation from Commis­               licence is made should be possible ;
sion Regulation (EEC) No 2630/81 of 10 September 1981
                                                                   (8) OJ No L 258, 11 . 9. 1981 , p. 16.
(') OJ  No  L 177, 1 . 7. 1981 , p. 4.                             (') OJ No L 368, 31 . 12. 1985, p. 25.
0   OJ  No  L 87, 2. 4. 1986, p. 1 .                               H OJ No L 338 , 13 . 12. 1980, p. 1 .
(3) OJ  No  L 75, 28 . 3. 1972, p. 5.                              (") OJ No L 58 , 1 . 3 . 1986, p . 4.
(4) OJ  No  L 143, 25. 6. 1978, p. 6.                              (,J) OJ No L 67, 14. 3 . 1975, p . 16.
O   OJ  No  L 167, 26. 6. 1976, p. 13.                             H OJ No L 160, 26. 6. 1980, p . 42.
(«) OJ  No  50, 4. 3. 1970, p. 1 .                                 H OJ No L 310, 21 . 11 . 1985, p. 22.
n OI No L 162, 1 . 7. 1977, p. 6.                                  H OJ No L 371 , 31 . 12. 1985, p. 1 .
 ---pagebreak--- No L 145/30                            Official Journal of the European Communities                                 30 . 5. 86
Whereas the measures provided for in this Regulation are         5. The time limits laid down in this Regulation are
in accordance with the opinion of the Management                 expressed in Belgian time.
Committee for Sugar,
                                                                                            Article 5
HAS ADOPTED THIS REGULATION :
                                                                  1.    Offers in connection with this tender must be in
                                                                 writing, and must be either delivered by hand, against a
                         Article 1                               receipt, to the competent authority in a Member State, or
                                                                 addressed to that authority by registered letter, telex or
1 . A principal standing invitation to tender shall be           telegram.
issued in order to determine export levies and/or export
refunds on white sugar. During the period of validity of         2.     An offer must indicate :
this standing invitation, partial invitations to tender shall
be issued.                                                       (a) the reference number of the invitation to tender to
                                                                     which the offer relates ;
2. The standing invitation to tender shall remain open           (b) the name and address of the tenderer ;
until 31 July 1987.
                                                                 (c) the quantity of white sugar to be exported ;
                         Article 2                               (d) the amount of the export levy or, where applicable, of
                                                                     the export refund, per 100 kilograms of white sugar,
The standing invitation to tender and the partial invita­            expressed in the currency of the Member State in
tions shall be conducted in accordance with Regulation               which the tender is submitted ;
(EEC) No 766/68 and with the following provisions.
Regulation (EEC) No 394/70 shall not apply.                      (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.    The notice of the invitation to tender shall be
                                                                 3.     An offer shall be valid only if :
published in the Official Journal of the European
Communities. Member States may also publish the notice,          (a) the quantity to be exported is not less than 250 tonnes
or have it published, elsewhere.                                     of white sugar ;
2.    The notice shall indicate in particular the terms of       (b) proof is furnished before expiry of the time limit for
the invitation to tender.                                            the submission of tenders that the tenderer has lodged
                                                                     the security indicated in the tender ;
3. The notice may be amended during the period of
validity of the standing invitation to tender. It shall be so    (c) it includes a declaration by the tenderer that if his
amended if the terms of the invitation to tender are modi­           tender is successful he will, within the period laid
fied.                                                                down in Article 12 (b), apply for an export licence or
                                                                     licences in respect of the quantities of white sugar to
                                                                     be exported ;
                          Article 4
                                                                 (d) it includes a declaration by the tenderer that if his
1 . The period during which tenders may be submitted                 tender is successful he will :
in response to the first partial invitation to tender :              — where the obligation to export resulting from the
(a) shall begin on 31 May 1986 ;                                         export licence referred to in Article 12 (b) is not
                                                                          fulfilled, supplement the security by payment of
(b) shall end on 4 June 1986 at 10.30 a.m.                                the amount referred to in Article 13 (4), and
2. The periods during which tenders may be submitted                 — within 30 days following the expiry of the export
in response to the second and subsequent partial invita­                  licence in question, notify the agency which issued
tions :                                                                   the licence of the quantity or quantities in respect
                                                                          of which the licence was not used ;
(a) shall begin on the first working day following the end
    of the preceding period ;                                    (e) it contains all the information required under para­
                                                                     graph 2.
(b) shall end at 10.30 a.m. on the Wednesday of the fol­
    lowing week.                                                 4. A tender may stipulate that it is to be regarded as
3.    Notwithstanding paragraph 2 (b), the period for the        having been submitted only if :
submission of tenders which was to end on Wednesday,             (a) the minimum export levy or, where applicable, the
 19 November 1986 shall end on Tuesday, 18 November                   maximum export refund is fixed on the day of the
 1986 at 10.30 a.m .                                                  expiry of the period for the submission of the tenders
                                                                      in question ;
4. Notwithstanding paragraph 2, no partial invitations
to tender will be issued on Wednesday, 24 and on                 (b) the tender, if successful, relates to all or a specified
Wednesday, 31 December 1986.                                          part of the tendered quantity.
 ---pagebreak---  30 . 5. 86                              Official Journal of the European Communities                             No L 145/31
 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 com­
                                                                    petent authority concerned. The persons present at the
                                                                    examination shall be under an obligation not to disclose
                           Article 6                                any particulars relating thereto.
 1 . A security of 9 ECU per 100 kilograms of white                 2.    Tenders shall be communicated to the Commission
sugar to be exported under this invitation to tender must          fortwith and in such a manner that the tenderers remain
be lodged by each tenderer. Without prejudice to Article           anonymous .
 13 (3), this security shall in the case of successful ten­
derers 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 exort licence within the period referred to in
     Article 12 (b), to the extent of 8 ECU 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
     — between the maximum amount of the export,                   whose tender quotes a rate of levy equal to or greater than
          refund fixed for the partial invitation concerned        such minimum levy.
         and the maximum amount of the export refund
         fixed for the following partial invitation when the       3 . Subject to Article 10, where a maximum export
         latter amount is higher than the former,                  refund is fixed, a contract shall be awarded to every
         or
                                                                   tenderer whose tender quotes a rate of refund equal to or
                                                                   less than such maximum refund and to every tenderer
     — between the minimum amount of the export levy               who has tendered for an export levy.
         fixed for the partial invitation concerned and the
         minimum amount of the export levy fixed for the
         following partial invitation when the latter amount                                 Article 10
         is lower than the former ;
                                                                   1 . Where a maximum quantity has been fixed for a
(c) to successful tenderers for the quantity for which they        partial invitation to tender :
     have fulfilled, within the meaning of Article 29 (b)
     and the first subparagraph of Article 30 ( 1 ) (b) of         — if a minimum levy is fixed, a contract shall be
     Regulation (EEC) No 3183/80, the export obligation                awarded to the tenderer whose tender quotes the
     resulting from the licence referred to under Article 1 2           highest levy ; if the maximum quantity is not fully
     (b) in accordance with the terms of Article 33 of that            covered by that award, awards shall be made to other
     Regulation.                                                       tenderers in descending order of levies quoted until
                                                                        the entire maximum quantity has been accounted for,
     The part of the security or the security which is not         — if a maximum refund is fixed, contracts shall be
     released shall be forfeit in respect of the quantity of            awarded in accordance with the first indent ; if after
     sugar for which the corresponding obligations have                 such awards a quantity is still outstanding, or if there
     not been fulfilled.                                                are no tenders quoting an export levy, contracts shall
                                                                        be awarded in ascending order of refunds quoted until
4.     In case of force majeure, the competent authority of             the entire maximum quantity has been accounted for,
the Member State concerned shall take such action as it                 to tenderers quoting a refund.
 ---pagebreak--- No L 145/32                             Official Journal of thp European Communities                                    30 . 5. 86
2. However, where an award to a particular tenderer in            (c) the obligation to export the tendered quantity and, if
accordance with the provisions of paragraph 1 would                    this obligation is not fulfilled, to pay, where necessary,
result in the maximum quantity being exceeded, that                    the amount referred to in Article 13 (4).
award shall be limited to such quantity as is still available.
Where two or more tenderers quote the same levy or the            This right and these obligations are not transferable.
same refund and awards to all of them would result in the
maximum quantity being exceeded, then the quantity                                          Article 13
available shall be awarded as follows :
                                                                   1 . The first paragraph of Article 9 of Regulation (EEC)
— by being divided among the tenderers concerned in               No 2630/81 shall not apply to the white sugar to be
     proportion to the total quantities in each of their          exported in accordance with this Regulation.
    tenders, or
                                                                  2. Export licences issued in connection with a partial
— by being apportioned among the tenderers concerned              invitation to tender shall be valid from the day of issue
    by reference to a maximum tonnage to be fixed for             until the end of the fifth calendar month following that
    each of them, or                                              in which the partial invitation was issued.
— by the drawing of lots.
                                                                  However, export licences issued in respect of the partial
                                                                  invitations held after 1 May 1987 will be valid only until
                                                                  30 September 1987.
                          Article 11
                                                                  3. The export licences issued in respect of the partial
1 . The competent authority of the Member State                   invitations held between 4 June 1986 and 10 September
concerned shall immediately notify applicants of the               1986 will be usable only after 15 September 1986.
result of their participation in the invitation to tender. In     4. Except in cases of force majeure, if the obligation to
addition, that authority shall send successful tenderers a        export resulting from the export licence referred to under
statement of award.
                                                                  Article 12 (b) 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                the levy referred to in the second subparagraph of
    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 the        (b) the sum of the export levy indicated on the licence
    export refund to be granted, per 100 kilograms of                 and the refund referred to in Article 2 of Regulation
    white sugar of the quantity referred to in (b).                   (EEC) No 766/68 in force on the last day of validity of
                                                                      the said licence,
                                                                      or
                          Article 12
                                                                  (c) the export refund referred to in Article 2 of Regulation
                                                                      (EEC) No 766/68 in force on the last day of validity of
Every successful tenderer shall have :                                the licence reduced by the refund indicated on the
                                                                      said licence,
(a) the right to receive in the circumstances referred to
    under (b), in respect of the quantity awarded, an             then, for the quantity in respect of which the said obliga­
    export licence indicating, as appropriate, the export         tion was not fulfilled, the licence holder shall be charged
    levy or the export refund quoted in his tender ;              an amount equal to the difference between the result of
                                                                  the calculation made under (a), (b) or (c), as the case may
(b) the obligation to lodge, in accordance with the rele­         be, and the security referred to in Article 6 ( 1 ).
    vant provisions of Regulation (EEC) No 3183/80, an
    application for an export licence in respect of that                                    Article 14
    quantity, the application not being revocable and
    Article 10 of Regulation (EEC) No 645/75 not                  If the tenderer intends to apply for advance fixing of the
    applying in such a case. The application shall be             monetary compensatory amount under this standing invi­
    lodged in accordance with the relevant provisions of          tation to tender, the provisions of the second paragraph of
    Regulation (EEC) No 3183/80, not later than :                 Article 3 ( 1 ) of Regulation (EEC) No 3155/85 shall not
    — the last working day preceding the date of the              apply.
        partial invitation to tender to be held the following
        week,                                                                               Article 15
        or
                                                                  1 . If the terms of Article 12 of Regulation (EEC) No
    — if no partial invitation to tender is due to be held        766/68 apply, the export refunds and export levies fixed
        that week, the last working day of the following          in advance under the terms of the present invitation to
        week ;                                                    tender :
 ---pagebreak--- 30 . 5. 86                             Official Journal of the European Communities                             No L 145/33
(a) before 1 July 1986, for the sugar exported after that        For determination of the differences referred to above, the
     date,                                                       intervention prices in question shall be increased by the
                                                                 corresponding storage levy referred to in the second para­
(b) before 1 July 1987, for the sugar exported after that        graph of Article 8 (2) of Regulation (EEC) No 1785/81 .
     date,
                                                                 3 . The application for adjustment under paragraph 1
                                                                 shall be made by the holder of the export licence
shall, at the request of the party concerned, be adjusted as     concerned, or by the assignee when the licence has been
specified in paragraph 2.                                        transferred, to the Member State that issued it and before
                                                                 the   customs     export formalities     for the  quantities
2. The adjustment referred to in paragraph 1 shall               concerned have been carried out.
consist of an increase in the export refund or a reduction
                                                                 The Member State shall enter the adjustment to be made
in the export levy by the difference, expressed in ECU per
 100 kilograms, existing :                                       in section 1 8 (a) of the export licence concerned and shall
                                                                 stamp that section.
(a) in the cases referred to in paragraph 1 (a), between the     4.    The Member States will inform the Commission as
     intervention price for white sugar applicable from 1        quickly as possible of the quantities of sugar for which
    July 1986 and that in force on 30 June 1986 ;                the requests referred to in paragraph 1 have been made.
(b) in the case referred to in paragraph 1 (b), between tlie                               Article 16
     intervention price for white sugar applicable from 1
    July 1987 and that in force on 30 June 1987.                 This Regulation shall enter into force on 31 May 1986.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States;.
                 Done at Brussels, 29 May 1986.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President