31972R1897

954 Official Journal of the European Communities

No L 201 / 8 Official Journal of the European Communities 2.9.72 v

REGULATION (EEC) No 1897/72 OF THE COMMISSION of 1 September 1972

on a standing invitation to tender to determine the export refund for white sugar

THE COMMISSION OF THE EUROPEAN COM­ invitation to tender should be that provided for in MUNITIES, Commission Regulation (EEC) No 2637/708 on special detailed rules for the application of the system Having regard to the Treaty establishing the of import and export licences and advance fixing European Economic Community ; certificates for agricultural products, as last amended by Regulation (EEC) No 1524/72,9 and it should be made possible to derogate from those provisions ; Having regard to Council Regulation No 1009/67/EEC1 of 18 December 1967 on the common whereas, moreover, a minimum quantity per tender organization of the market in sugar, as last amended should be laid down according to destination ; by Regulation (EEC) No 607/72,2 and in particular Articles 11 (2), 17 (4) and 38 thereof; Whereas, as a result of the economic trend of the world sugar market, when an invitation to tender is issued, certain situations may arise which are likely to Whereas, as the new sugar production year approaches, a standing invitation to tender should be call into question the principles governing the system of invitations to tender ; whereas, in order to forestall . issued for the export of the surplus white sugar from any possible difficulties, special provisions must be the 1972/73 sugar marketing year and whereas the previous standing invitation to tender provided for in adopted to deal with such situations, particularly with regard to tenders and the transferability of Commission Regulation (EEC) No 685 /723 of 4 April export licences under conditions different from those 1972 on a standing invitation to tender to determine provided for by - Commission Regulation (EEC) No the export refund for white sugar, as last amended by 1373 /7010 of 10 July 1970 on common detailed rules Regulation (EEC) No 1701 /72,4 should be for the application of the system of import and withdrawn ; export licences and advance fixing certificates for agricultural products subject to a single price system, Whereas the general and detailed rules relating to the as last amended by Regulation (EEC) No 2849/71 11 ; tendering procedure to determine the export refund on sugar are contained in Council Regulation (EEC) No 766/685 of 18 June 1968 laying down general Whereas the measures provided for in this Regulation are in accordance with the Opinion of the rules for granting export refunds on sugar, as last Management Committee for Sugar; amended by Regulation (EEC) No 433 /72,6 and in Commission Regulation (EEC) No 394/707 of 2 HAS ADOPTED THIS REGULATION : March 1970 on detailed rules for granting export refunds on sugar ; Article 1 Whereas, in order to take account of the present situation on the sugar market, the period of validity Member States shall issue a standing invitation to of the export licences issued in pursuance of this tender to determine the export refund for white sugar, and, during the period of validity of the standing invitation, they shall issue partial OJ No 308 , 18.12.1967, p . 1 . invitations to tender. OJ No L 75, 28.3.1972, p. 4. OJ No L 81 , 5.4.1972, p . 13 . OJ No L 178 , 5.8.1972, p. 16. 8 OJ No L 283 , 29.12.1970, p. 15 . OJ No L 143 , 25.6.1968 , p. 6. 9 OJ No L 162, 18.7.1972, p . 15 . OJ No L 53 , 2.3.1972, p . 1 . 10 OJ No L 158, 20.7.1970, p . 1 . OJ No L 50, 4.3.1970, p . 1 . 11 OJ No L 286, 30.12.1971, p. 24.

Official Journal of the European Communities 955

Article 2 Article 6

The standing invitation to tender and the partial Where there are tenders indicating a refund with a invitations shall be organized in accordance with rate of zero : Article 4 of Regulation (EEC) No 766/68 , the provisions of Regulation (EEC) No 394/70 and the (a) each tenderer may submit only one tender ; following provisions. (b) the tender should be submitted to the competent body of the Member State in which the tenderer is permanently resident or has his seat, as the Article 3 case may be.

The standing invitation to tender shall remain valid Article 7 until a date to be determined at a later stage.

Tenders shall be notified to the Commission Article 4 immediately.

1 . The period during which tenders may be Article 8 submitted in response to the first partial invitation : 1 . A maximum quantity may be fixed for each of (a) shall begin on the day on which notice of the the partial invitations to tender once the tenders have standing invitation to tender is published in the been examined. Official Journal of the European Communities.

(b ) shall end at 10.00 a.m. on Wednesday 13 September 1972 . 2. Where a maximum quantity has been fixed for a partial invitation to tender, and where all the tenders to be taken into consideration for the award 2. The periods during which tenders may be indicate a refund with a rate of zero, the award shall submitted in response to the second and subsequent be made, by way of derogation from the second partial invitations : subparagraph of Article 6 (4) of Regulation (EEC) No 394/70, by dividing the maximum quantity : (a) shall begin on the first working day following the end of the previous period, and ( a) either in proportion to the quantities shown in the tenders in question ; (b) shall end at 10.00 a.m. on the Wednesday of the following week. (b) or between the successful tenderers, up to a maximum tonnage to be determined;

3 . By way of derogation from paragraph 2 (b) the (c) or by using the procedures provided for under (a) periods for submitting tenders which are to end : and (b) simultaneously;

( a) on Wednesday 1 , 15 and 22 November 1972 ( d) or by drawing lots in addition to the procedure respectively shall end on Tuesday 31 October, 14 provided for under (b). and 21 November 1972 at 10.00 a.m.,

(b) on Wednesday 27 December 1972 and 3 January Article 9 1973 respectively shall end on Thursday 4 January 1973 at 10.00 a.m . 1 . Article 33a of Regulation (EEC) No 2637/70 shall not apply to the white sugar to be exported in 4. During the period in which Summer Time pursuance of this standing invitation to tender. applies in Italy, the time limits laid down in the previous paragraphs shall be understood in that Member State to be extended by one hour. 2 . By way of derogation from the first subparagraph of Article 32 (3 ) of Regulation (EEC) No 2637/ 70 :

Article 5 ( a) export licences issued before 15 October 1972 shall be valid only from that date ; A tender shall be valid only if it relates to an amount (b) export licences issued in pursuance of the partial of not less than 250 metric tons . invitations to tender in response to which tenders

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956 Official Journal of the European Communities

Article 1 1 may be submitted after 6 June 1973 shall be' valid only until 30 September 1973 . The standing invitation to tender referred to in Regulation (EEC) No 685 /72 is hereby withdrawn Article 10 with effect from 7 September 1972.

By way of derogation from the first subparagraph of Article 12 Article 3 of Regulation (EEC) No 1373 /70, rights deriving from licences issued in pursuance of a partial invitation to tender which indicate a refund with a This Regulation shall enter into force on 2 September rate of zero shall not be transferable . 1972 .

This Regulation shall be binding in its entirety and directly applicable dn all Member States .

Done at Brussels, 1 September 1972.

For the Commission The President

S. L. MANSHOLT