CELEX: 31975R0999
Language: en
Date: 1975-04-17 00:00:00
Title: Regulation (EEC) No 999/75 of the Commission of 17 April 1975 amending the terms of the invitations to tender in the sugar sector referred to in Regulations (EEC) No 314/75, (EEC) No 557/75, (EEC) No 558/75 and (EEC) No 630/75

18 . 4 . 75                             Official Journal of the European Communities                              No L 97/21
                             REGULATION ( EEC) No 999/75 OF THE COMMISSION
                                                       of 17 April 1975
                amending the terms of the invitations to tender in the sugar sector referred to
                in Regulations (EEC) No 314/75 , ( EEC) No 557/75 , (EEC) No 558 /75 and ( EEC) No
                                                             630 / 75
THE COMMISSION OF THE EUROPEAN                                        tions to tender by tenderers who wish to supply the
COMMUNITIES,                                                          highest deficit market, namely Italy, with white sugar ;
Having regard to the Treaty establishing the European
Economic Community ;                                                  Whereas the measures provided for in this Regulation
                                                                      are in accordance with the Opinion of the Manage­
Having regard to Council Regulation No 1009 /                         ment Committee for Sugar,
67/ EEC (') of 18 December 1967 on the common
organization of the market in sugar, as last amended
by Regulation (EEC) No 2476/74 (2 ), and in particular
Articles 1 1 (2), 1 6 (5) and 25 (3) thereof ;
                                                                      HAS ADOPTED THIS REGULATION :
Having regard to Regulation (EEC) No 608 /72 (3) of
23 March 1972 laying down rules to be applied in
cases of considerable price rises on the world sugar
market, and in particular Article 3 thereof ;                                                   Article 1
Having regard to Council Regulation (EEC) No
191 /75 (4) of 21 January 1975 concerning an addi­                    Article 5 (4) (b) of Regulation (EEC) No 557/75 shall
tional quantity in respect of the subsidized importa­                 start as follows : 'Without prejudice to the provisions
tion of sugar and amending Regulation (EEC) No                        of the third subparagraph of paragraph 5'.
2931 /74, as amended by Regulation (EEC) No
821 /75 (5 ), and in particular Article 4 (2) thereof ;
Having regard to Council Regulation (EEC) No                                                    Article 2
2932/74 (6) of 18 November 1974 on the grant and
financing of a subsidy on sugar produced in excess of
the maximum quota and on the financing of the                         Article 5 (4) of Regulation (EEC) No 314/75 and
subsidy on sugar imports, and in particular Article 1                 Article 5 (5) of Regulation (EEC) No 557/75 shall be
(2) thereof ;                                                         amended to read as follows :
Whereas       the  different   Member States       concerned ,            'A tender may stipulate that it is to be regarded as
acting pursuant to Regulation ( EEC) No 314/75 (7), as                     having been submitted only if :
last amended by Regulation (EEC) No 557/75 (8), and
to Regulations (EEC) No 557/75, (EEC) No 558 /75 (q)                      (a) the maximum amount of the subsidy provided
and (EEC) No 630 /75 ( l0) currently issue standing invi­                      for in Article 8 is fixed on the day on which
tations to tender for subsidies on imports of white and                        the time limit for the submission of tenders
raw sugar and for subsidies on certain white sugars                            expires ;
produced in the Community and intended to be sold
there ;                                                                   (b) the contract awarded relates to the entire quan­
                                                                               tity indicated in the tender or to a specified
Whereas the terms of the abovementioned invitations                            part thereof ;
to tender should be amended appropriately in the
light of experience and particularly in order to                           Moreover, a tenderer may submit tenders in
increase the scope for participation in these invita­                      respect of one and the same quantity of sugar in
                                                                           response to a partial invitation to tender
(') OJ No 308 , 18 . 12. 1967, p. 1 .                                      conducted under Regulation ( EEC) No 314/75 and
(2) OJ No L 264, 1 . 10 . 1974, p. 70 .                                    in response to a partial invitation to tender of the
(3 ) OJ No L 75, 28 . 3 . 1972, p. 5 .
(4) OJ No L 20 , 25 . 1 . 1975, p. 39 .                                    same date conducted under Regulation ( EEC) No
(5 ) OJ No L 79 , 28 . 3 . 1975, p. 1 .                                    557 /75 . The    two  tenders  concerned   shall  be
(6) OJ No L 311 , 22. 11 . 1974, p. 10 .                                   submitted to the competent agency of a single
( 7) OJ No L 35, 8 . 2. 1975, p. 11 .                                      Member State and shall be marked " Dual tender".
(8) OJ No L 59 , 5 . 3 . 1975, p. 8 .
(9) OJ No L 59 , 5 . 3 . 1975, p. 16 .                                     In respect of tenders marked " Dual tender" the
( 10) OJ No L 66, 13 . 3 . 1975, p. 5 .                                    tenderer shall have :
 ---pagebreak--- No L 97/22                           Official Journal of the European Communities                              18 . 4 . 75
     — the right to lodge in respect of the quantity of             contract shall be awarded to every tenderer whose
          sugar concerned only one of the securities for            tender does not exceed the maximum amount of
          tender required in respect of the two partial             the subsidy.
          invitations to tender, and ,
                                                                    However, where the application of this provision
     — the obligation , if both his tenders are                     would lead to the maximum tonnage being
          successful, to cancel one of them by notifying            exceeded, the total amount in respect of which
          in writing the competent agency in the                    contracts are awarded shall be limited to that
          Member States concerned within two working                 maximum tonnage, awards being made in
          days following the expiry of the time limit for           ascending order of tender by reference to the level
          the submission of tenders .'
                                                                    of subsidy proposed . Where two or more tenderers
                                                                    quote the same subsidy and awards to all of them
                           Article 3
                                                                    would result in the maximum tonnage being
                                                                    exceeded, the tonnage available shall be divided
                                                                    among them in proportion to the quantities
 1.    Article 1 ( 1 ) of Regulation (EEC) No 314/75                tendered for.'
shall be amended to read as follows :
     '1.    Italy, the Netherlands and the United                                       Article 5
     Kingdom shall open a standing invitation to
     tender in respect of a subsidy on the importation         Article 7 (2) of Regulation (EEC) No 557/75 shall be
     from third countries of white and raw sugar, and          amended to read as follows :
     during the period of validity of such standing invi­
     tation to tender they shall issue partial invitations          '2.   Tenders, and any cancellations of tenders in
     to tender in respect of which a maximum quantity               the case of dual tenders, shall be notified to the
     shall be fixed for each Member State .                         Commission without delay and in a manner such
                                                                    that the tenderers cannot be identified .'
     The maximum quantity fixed for a partial invita­
     tion to tender by virtue of Article 1 (2) of Regula­
                                                                                        Article 6
     tion ( EEC) No 557/75 shall apply also to the
     partial invitation to tender conducted on the same
     date by virtue of this Regulation .'                      Article 6 (4) of Regulation (EEC) No 558 /75 shall be
                                                               amended to read as follows :
2 . The following second subparagraph shall be                      '4.   Except in cases of force majeure, the security
added to Article 5 ( 1 ) of Regulation (EEC) No 314/75 :            required for the invitation to tender shall be
     'A tender shall relate only to the subsidy necessary           released only in respect of that quantity :
     for the importation of sugar into a Member State              (a) for which the tenderer :
     in respect of which a maximum tonnage greater
     than zero has been fixed for the partial invitation                — has not withdrawn his tender, and
     to tender in question .'                                           — has completed customs import formalities
                                                                            under the import licence issued following
3.     In Article 6 ( 1 ) of Regulation (EEC) No 314/75                     the award of a contract, the provisions of
the amount ' 25 units of account' shall be replaced by                      Article 18 of Regulation (EEC) No 193/75
the amount ' 10 units of account'.                                          to apply mutatis mutandis ;
4.     Article 8 (2) of Regulation (EEC) No 314/75                 (b) in respect of which no award has been made .
shall be amended to read as follows :
                                                                   The security shall be released without delay.'
    '2.     The maximum subsidy referred to in para­
    graph 1 shall be fixed for each Member State
                                                                                        Article 7
    referred to in Article 1 ( 1 ) in respect of which a
    maximum quantity has been fixed and to which
    tenders have been submitted '.                             Article 11 (3) of Regulations (EEC) No 314/75 and
                                                               (EEC) No 557/75 shall be amended to read as
                                                               follows :
                           Article 4
                                                                   '3 .   By way of derogation from Article 32 ( 1 ) of
                                                                    Regulation (EEC) No 2637/70, import licences
Article 9 of Regulation ( EEC) No 314/75 shall be                  issued under this tendering procedure shall be
amended to read as follows :
                                                                   valid for 90 days from their day of issue within the
    ' Article 9                                                    meaning of Article 9 ( 1 ) of Regulation (EEC) No
                                                                    193/75. However, import licences for white sugar
    Except where a decision is taken to make no                    intended to be put into free circulation in Italy
    award under a partial invitation to tender a                   may not be valid beyond 31 July 1975 .'
 ---pagebreak--- 18 . 4 . 75                             Official Journal of the European Communities                            No L 97/ 23
                            Article 8                                  '(a) the control copy referred to in Article 1 of
                                                                             Regulation (EEC) No 2315/69 ('), such control
Article 11 ( 1 ) (b) of Regulation (EEC) No 558 /75 shall                    copy to contain the following special entries :
be amended to read as follows :
                                                                            — Sections 101 and 103 must be completed ;
     '(b) the right to the issue without delay, on produc­                   — Section 104 must be completed by dele­
            tion of the proof referred to in Article 12 (a),                    ting as appropriate and adding one of the
            of an import licence showing the quantity and                       following endorsements :
            the subsidy indicated in the offer and the                          "intended for home use in Italy" ;
            Member State in which the sugar is to be put                        " destine a la mise a la consommation en
            into free circulation .'                                            Italie" ;
                                                                                " zum Verbrauch in Italien bestimmt ;
                                                                                " destinato ad essere immesso al consumo
                            Article 9
                                                                                in Italia" ;
                                                                                "bestemd voor verbruik in Italië ;
1.       In the first subparagraph of Article 12 (a) of
Regulation (EEC) No 558/75 the words 'sixty days'                               "bestemt til forbrug i Italien" ;
shall be replaced by 'thirty days'.                                          — Section 106 must be completed by
                                                                                entering one of the following endorse­
                                                                                ments :
2. The following subparagraph shall be added to
Article 12 (a) of Regulation (EEC) No 558 /75 :                                 "Tendering Regulation (EEC) No 630/75
                                                                                (OJ No L 66, 13 March 1975), time limit
      ' By way of derogation from the provisions of                             for submission of tenders expires           ;
      Article 5 (4) of Regulation (EEC) No 2315/69 , the
      control copy referred to above shall be returned to                       "Règlement d adjudication (EEC) n0
      the importer, after having been duly endorsed by                          630/75 (JO n0 L 66 du 13 mars 1975) délai
      the competent customs office, immediately on                              de présentation des offres expirant
                                                                                le        ";
      completion of the customs formalities for entry of
       the sugar into home use in Italy.'                                       "Ausschreibungsverordnung ( EWG) Nr.
                                                                                630/75 (ABl . Nr. L 66 vom 13 . März 1975),
                                                                                Ablauf der Angebotsfrist am          ";
                            Article 10
                                                                                  Regolamento di gara (CEE) n . 630/75
                                                                                (GU n . L 66 del 13 marzo 1975), il
The last sentence of Article 19 of Regulation ( EEC)                            termine di presentazione delle offerte
No 558 /75 and of Article 16 of Regulation ( EEC) No                            scade il         ";
630 / 75 shall be deleted .
                                                                                  Verordening m.b.t. inschrijving ( EEG ) nr.
                                                                                 630/75 (PB nr. L 66 van 13 maart 1975),
                            Article 11                                           indieningstermijn aanbiedingen eindigt
                                                                                 °p        ";
 1.      Article 10 (b) of Regulation ( EEC) No 630/75                            Forordning om licitation ( EØF) nr.
shall be amended to read as follows :                                            630/75 (EFT nr. L 66 af 13 . marts 1975),
                                                                                 fristen for indgivelse af tilbud udløber
       '(b) the successful tenderer shall prove that the                         den         ".
             quantity of white sugar mentioned in the
             tender has been imported into Italy within 30              By way of derogation from the provisions of
             days following the day on which the period                 Article 5 (4) of Regulation ( EEC) No 2315/69 to
             for submission of tenders in question expired .            control copy referred to above shall be returned to
             Proof of importation into Italy shall be                   the importer, after having been duly endorsed by
             furnished by production of the document                    the competent customs office, immediately on
             referred to in the second subparagraph (a) of              completion of the customs formalities for entry of
             Article 1 1 '.                                             the sugar into home use in Italy.'
 2.       The following shall be added to Article 10 of                                       Article 13
 Regulation (EEC) No 630/75 :
                                                                   1 . This Regulation shall enter into force on 1 8
       '(c) the tenderer must include in the contract of           April 1975 .
             sale a clause n qui ring the sugar to be retailed ,
             in the unaltered state, in Italy.'                    2 . The derogations provided for in Articles 9 and
                                                                   12 of this Regulation shall also apply to those opera­
                                                                   tions in respect of which the customs formalities for
                            Article 12                             importation into Italy were completed before this
                                                                   Regulation entered into force .
 Article 1 1 (a) of Regulation ( EEC) No 630/75 shall be
 amended to read as follows :                                      (') OJ No L 295, 24. 11 . 1969 , p. 14 .
 ---pagebreak--- No L 97/ 24                    Official Journal of the European Communities                        18 . 4 . 75
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 17 April 1975 .
                                                                   For the Commission
                                                                     P. J. LARDINOIS
                                                               Member of the Commission