CELEX: 31983R1880
Language: en
Date: 1983-07-08 00:00:00
Title: Commission Regulation (EEC) No 1880/83 of 8 July 1983 on a principal standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

12. 7 . 83                                Official Journal of the European Communities                            No L 187/ 5
                                     COMMISSION REGULATION (EEC) No 1880/83
                                                          of 8 July 1983
              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                                      rules for the application of the system of import and
COMMUNITIES,                                                        export licences for sugar (8), as last amended by Regu­
                                                                    lation (EEC) No 3130/82 (9), from Commission Regu­
                                                                    lation (EEC) No 3183/80 of 3 December 1980 laying
Having regard to the Treaty establishing the European
                                                                    down common detailed rules for the application of the
Economic Community,
                                                                    system of import and export licences and advance­
                                                                    fixing certificates for agricultural products (10), as last
Having regard to Council Regulation (EEC) No                        amended by Regulation (EEC) No 2666/82 ("), and
1785/81 of 30 June 1981 on the common organization                  from Commission Regulation (EEC) No 645/75 of 13
of the markets in the sugar sector ('), as last amended             March 1975 laying down common detailed rules for
by Regulation (EEC) No 606/82 (2), and in particular                the application of the export levies and charges on
Articles 13 (2), 18 (5), 19 (4) and (7) and the second              agricultural products (12), as last amended by Regula­
paragraph of Article 39 thereof,                                    tion (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 (14) 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 principal standing invita­               concerned has declared in writing at the time of
tion to tender should be issued for export of white                 submission of the tender that he will also apply to fix
sugar which, having regard to possible fluctuations in              the monetary compensatory amount in advance if the
world prices for sugar, must provide for the determina­             tender is accepted in whole or in part ; whereas, in
tion 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
                                                                    same time advance fixing of the monetary compensa­
tender for the purpose of determining export refunds
                                                                    tory amount ; whereas, for reasons peculiar to the
for sugar were laid down in Council Regulation (EEC)
                                                                    market in sugar, when an operator intends to make use
No 766/68 of 18 June 1968 laying down general rules
                                                                    of the facility of fixing a monetary compensatory
for granting export refunds on sugar (4), as last                   amount in advance in connection with an export levy
amended by Regulation (EEC) No 1489/76
                                                                    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 should be laid               made ; whereas it is only after he has been declared
down in this Regulation, and those provided for in                  successful in respect of a levy or refund for the quan­
Commission Regulation (EEC) No 394/70 of 2 March                    tity of sugar indicated in his tender that the said
 1970 on detailed rules for granting export refunds on              monetary compensatory amount can be fixed in
sugar (6), as last amended by Regulation (EEC) No                   advance ; whereas application of the second subpara­
 1467/77 Q, should not apply ; whereas, for the same                graph of the said Article 3 ( 1 ) would as a consequence,
reasons, appropriate provisions should be laid down                 if the tenderer did not, as laid down, ask for advance
with regard to export licences issued in connection                 fixing of the monetary compensatory amount at the
with the standing invitation to tender and there should             time the licence or certificate was applied for, entail
be a derogation from Commission Regulation (EEC)                    his losing a very large security, the loss of which would
No 2630 /81 of 10 September 1981 on special detailed                be out of proportion to the objective behind the provi­
(') 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 .
h) 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.
0   OJ  No  L 167, 26 . 6 . 1976, p . 13,                           (> 2) 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.
0   OJ  No  L 162, 1 . 7. 1977, p. 6 .                              H OJ No L 134, 15. 5. 1982, p . 22.
 ---pagebreak---  No L 187/6                         Official Journal of the European Communities                               12. 7. 83
sions of the second subparagraph of the said Article 3        (a) shall begin on the first working day following the
( 1 ); whereas, in consequence, a derogation should be            end of the preceding period ;
made from the said provision in the case of this ten­         (b) shall end at 10.30 a.m. on the Wednesday of the
dering procedure, so that application for advance                 following week.
 fixing of the monetary compensatory amount at the
time when the application for the export licence is           3.     Notwithstanding paragraph 2 (b), the period for
made should be optional ;                                     the submission of tenders which was to end on
                                                              Wednesday 2 and Wednesday 16 November 1983
Whereas the measures provided for in this Regulation          shall end on Thursday 3 and Thursday 17 November
are in accordance with the opinion of the Management          1983 respectively, at 10.30 a.m .
Committee for Sugar,
                                                              4. Notwithstanding paragraph 2, no partial invita­
                                                              tion to tender will be issued on Wednesday 28
HAS ADOPTED THIS REGULATION :                                 December 1983 .
                         Article 1
                                                              5.     The time limits laid down in this Regulation are
                                                              expressed in Belgian time.
 1 . There shall be issued a principal standing invita­
tion to tender in order to determine export levies                                    Article 5
and/or export refunds on white sugar, and during the
period of validity of this standing invitation there shall    1.     Offers in connection with this tender must be in
be issued partial invitations to tender.                      writing, and must be either delivered by hand, against
2. The standing invitation to tender shall remain
                                                              a receipt, to the competent authority in a Member
open until 13 June 1984.
                                                              State, or addressed to that authority by registered letter,
                                                              telex or telegram .
                         Article 2                            2.     An offer must indicate :
The standing invitation to tender and the partial invi­       (a) the reference number of the invitation to tender to
                                                                  which the offer relates ;
tations shall be conducted in accordance with Regula­
tion (EEC) No 766/68 and with the following provi­            (b) the name and address of the tenderer ;
sions. Regulation (EEC) No 394/70 shall not apply.            (c) the quantity of white sugar to be exported ;
                                                              (d) the amount of the export levy or, where applicable
                         Article 3                                of the export refund per 100 kilograms of white
                                                                  sugar, expressed in the currency of the Member
 1 . Member States shall draw up a notice of invita­              State in which the tender is submitted ;
tion to tender which shall be published in the Official
Journal of the European Communities. Member States
                                                              (e) the minimum amount of the security to be lodged
                                                                  covering the quantity of sugar indicated in (c),
may also publish the notice, or have it published, else­          expressed in the currency of the Member State in
where .
                                                                  which the tender is submitted .
2.      The notice shall indicate in particular the terms
of the invitation to tender.                                  3.     An offer shall be valid only if :
                                                              (a) the quantity to be exported is not less than 250
3 . The notice shall be published only for the                    tonnes of white sugar ;
purpose of opening the standing invitation to tender.
 It may be amended during the period of validity of the       (b) proof is furnished before expiry of the time limit
                                                                   for the submission of tenders that the tenderer has
standing invitation to tender. It shall be so amended if
 the terms of the invitation to tender are modified.               lodged the security indicated in the tender ;
                                                              (c) it includes a declaration by the tenderer that if his
                         Article 4
                                                                   tender is successful he will, within the period laid
                                                                  down in Article 1 2 (b), apply for an export licence
 1 . The period during which tenders may be                        or licences in respect of the quantities of white
 submitted in response to the first partial invitation to          sugar to be exported ;
 tender :                                                     (d) it includes a declaration by the tenderer that if his
                                                                   tender is successful he will :
(a) shall begin on 12 July 1983 ;
(b) shall end on 20 July 1983 at 10.30 a.m .                       — where the obligation to export created by the
                                                                       export licence referred to in Article 12 (b) is
 2. The periods during which tenders may be                            not fulfilled, supplement the security by
 submitted in response to the second and subsequent                    payment of the amount referred to in Article
 partial invitations :                                                 13 (3), and
 ---pagebreak--- 12. 7 . 83                           Official Journal of the European Communities                          No L 187/7
     — 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 (3), 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 maximum 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                heen accounted for :
 ---pagebreak--- No L 187/8                           Official Journal of the European Communities                               12 . 7 . 83
— if a maximum refund is fixed, contracts shall be                 645/75 not applying in such a case. The applica­
    awarded in accordance with the first indent ; if               tion shall be lodged not later than :
     after such awards a quantity is still outstanding, or
     if there are no tenders quoting an export levy,               — the last working day preceding the date of the
     contracts shall be awarded in ascending order of                   partial invitation to tender to be held the
     refunds quoted until the entire maximum quantity                   following week, or
     has been accounted for, to tenderers quoting a                — if no partial invitation to tender is due to be
     refund .                                                           held that week, the last working day of the
                                                                        following week,
2.     However, where an award to a particular tenderer        (c) the obligation to export the tendered quantity and,
in accordance with the provisions of paragraph 1                   if this obligation is not fulfilled, to pay, where
would result in the maximum quantity being                         necessary, the amount referred to in Article 1 3 (3).
exceeded, that award shall be limited to such quantity
as is still available. Where two or more tenderers quote       This right and these obligations are not transferable.
the same levy or the same refund and awards to all of
them would result in the maximum quantity being
exceeded, then the quantity available shall be awarded                                  Article 13
as follows :
                                                               1 . The first paragraph of Article 9 of Regulation
— by being divided among the tenderers concerned
                                                               (EEC) No 2630/81 shall not apply to the white sugar
     in proportion to the total quantities in each of
    their tenders, or                                          to be exported in accordance with this Regulation.
— by being apportioned among the tenderers                     2. Export licences issued in connection with a
    concerned by reference to a maximum tonnage to             partial invitation to tender shall be valid from the day
    be fixed for each of them, or                              of issue until the end of the fifth calendar month
— by the drawing of lots.                                      following that in which the partial invitation was
                                                               issued.
                                                               However :
                         Article 11
                                                               (a) licences issued in connection with partial invita­
                                                                   tions :
1 . The competent authority of the Member State
concerned shall immediately notify applicants of the               — issued in the period 20 July to 7 September
result of their participation in the invitation to tender.              1983 may be used only from 15 September
In addition, that authority shall send successful                       1983 ,
tenderers a statement of award .
                                                                   — issued in the period 14 to 28 September 1983
2.     The statement of award shall indicate :
                                                                        may be used from the day of issue, and
                                                                   shall be valid only until 31 December 1983 ;
(a) the reference number of the invitation to which            (b) licences issued in connection with partial invita­
     the tender relates ;                                          tions issued from 1 February 1984 shall be valid
(b) the quantity of white sugar to be exported ;                   only until 31 July 1984.
(c) the export levy to be charged, or where applicable
                                                               3.     Except in cases of force majeure, if the obligation
     the export refund to be granted, per 100 kilograms        to export created by the export licence referred to
    of white sugar of the quantity referred to in (b).         under (b) of Article 1 2 has not been fulfilled and if the
                                                               security referred to in Article 6 is less than :
                         Article 12                            (a) the export levy indicated on the licence reduced by
                                                                    the levy referred to in the second subparagraph of
                                                                   Article 18 ( 1 ) of Regulation (EEC) No 1785/81 in
Every successful tenderer shall have :                              force on the last day of validity of the said licence,
                                                                   or
(a) the right to claim in respect of the quantity
     awarded, an export licence indicating as appro­           (b) the sum of the export levy indicated on the licence
     priate the export levy or the export refund quoted             and the export refund referred to in Article 2 of
     in his tender ;                                                Regulation (EEC) No 766/68 in force on the last
(b) the obligation to lodge, in accordance with the                 day of validity of the said licence, or
     relevant provisions of Regulation (EEC) No                (c) the export refund referred to in Article 2 of Regu­
     3183/80, an application for an export licence in               lation (EEC) No 766/68 in force on the last day of
     respect of that quantity, Article 1 2 (2) of that Regu­        validity of the licence reduced by the refund indi­
     lation and Article 10 of Regulation (EEC) No                   cated on the said licence,
 ---pagebreak--- 12. 7. 83                          Official Journal of the European Communities                           No L 187/ 9
then , under the time limits and conditions laid down        subparagraph of Article 3 ( 1 ) of Regulation (EEC) No
in Article 33 of Regulation (EEC) No 3183/80 and by          1160/82 shall not apply.
way of a supplementary security for the quantity in
respect of which the said obligation was not fulfilled,      When use is made of the provisions of the first sub­
the licence holder shall be charged an amount equal          paragraph of Article 3 ( 1 ) of that Regulation, those of
to the difference between the result of the calculation      the third subparagraph of paragraph I and of para­
made under (a), (b) or (c), as the case may be, and the      graph 2 of that Article shall remain applicable to
security referred to in Article 6.                           this tendering procedure.
                                                                                    Article 15
                       Article 14                            In Article 1 (2) of Regulation (EEC) No 2016/82 ('), '31
                                                             August 1983' is hereby replaced by ' 14 July 1983'.
If the tenderer intends to apply for advance fixing of                              Article 16
the monetary compensatory amount under this stand­
ing invitation to tender, the provisions of the second       This Regulation shall enter into force on 12 July 1983.
              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
                                                             (') OJ No L 216, 24. 7. 1982, p. 25.