31980R0561

No L 61 / 18 Official Journal of the European Communities 6 . 3 . 80

COMMISSION REGULATION (EEC) No 561 /80 of 5 March 1980 on a standing invitation to tender in order to determine levies and/or refunds on exports of white sugar

THE COMMISSION OF THE EUROPEAN special detailed rules for the application of the system COMMUNITIES, of import and export licences for sugar (8), as last amended by Regulation (EEC) No 1367/78 (9), from Commission Regulation (EEC) No 193/75 of 17 Having regard to the Treaty establishing the European January 1975 laying down common detailed rules for Economic Community, the application of the system of import and export licences and advance fixing certificates for agricultural Having regard to Council Regulation (EEC) No products ( 10), as last amended by Regulation (EEC) No 3330/74 of 19 December 1974 on the common organi­ 2971 /79 (u), and from Commission Regulation (EEC) zation of the market in sugar ('), as last amended by No 645/75 of 13 March 1975 laying down common detailed rules for the application of the export levies Regulation (EEC) No 1396/78 (2), and in particular Articles 12 (2), 17 (5), 19 (4) and 34 thereof, and charges on agricultural products ( u), as amended by Regulation (EEC) No 609/78 ( 13) ;

Having regard to Council Regulation (EEC) No Whereas, therefore, the invitation to tender provided 608 /72 of 23 March 1972 laying down rules to be for in Commission Regulation (EEC) No 1634/77 of applied in the case of considerable price rises on the 19 July 1977 on a standing invitation to tender in world sugar market (3), and in particular Article 1 ( 1 ) order to determine export refunds for white sugar ( H), thereof, as last amended by Regulation (EEC) No 1 573/79 ( 15), should be closed ; Whereas in view of the situation on the Community and world sugar markets, a standing invitation to Whereas the measures provided for in this Regulation tender should be issued for the exportation of white are in accordance with the opinion of the Manage­ ment Committee for Sugar, sugar which, having regard to possible fluctuations in world prices for sugar, must provide for the determina­ tion of export levies and/or export refunds ;

HAS ADOPTED THIS REGULATION : Whereas the general rules governing invitations to tender for the purpose of determining export refunds for sugar were laid down by Council Regulation (EEC) Article 1 No 766/68 of 18 June 1980 laying down general rules for granting export refunds on sugar (4), as last There shall be issued a standing invitation to tender amended by Regulation (EEC) No 1489/76 (5) ; in order to determine export levies and/or export refunds on white sugar, and during the period of Whereas in view of the specific nature of the transac­ validity of this standing invitation there shall be tions in question special detailed rules of application issued partial invitations to tender. should be laid down in this Regulation, and those provided for in Commission Regulation (EEC) No 394/70 of 2 March 1 970 on detailed rules for granting Article 2 export refunds on sugar (6), as amended by Regulation (EEC) No 1467/77 ( 7), should not be applied ; whereas , 1 . The standing invitation to tender and the partial for the same reasons, appropriate provisions should be invitations shall be conducted in accordance with laid down with regard to export licences issued in Regulation (EEC) No 766/68 and with the following connection with the standing invitation to tender and provisions. Regulation (EEC) No 394/70 shall not there should be a derogation from Commission Regu­ apply. lation ( EEC) No 2990 /76 of 9 December 1976 on (8) OJ No L 341 , 10 . 12. 1976, p . 14. (') OJ No L 359 , 31 . 12 . 1974, p. 1 0 OJ No L 166, 23 . 6. 1978, p. 24 . (2 ) OJ No L 170, 28 . 3 . 1978 , p. 1 . ( I0 ) OJ No L 25, 31 . 1 . 1975, p. 10 . ( 3 ) OJ No L 75, 28 . 3 . 1972, p. 5 . (") OJ No L 336, 29 . 12. 1979, p . 34. (<) OJ No L 143 , 25 . 6 . 1968 , p. 6 . ( !2 ) OJ No L 67, 14. 3 . 1975, p . 16. (5 ) OJ No L 167, 26. 6 . 1976, p . 13, ( 13) OJ No L 83, 30 . 3 . 1978 , p. 19 . (<> OJ No L 50 , 4 . 3 . 1970 , p . 1 . ( I4) OJ No L 181 , 21 . 7 . 1977 , p . 35 . ( 7) OJ No L 162, 1 . 7 . 1977, p. 6 . '*) OJ No L 188 , 26 . 7 . 1979, p . 44 .

6 . 3 . 80 Official Journal of the European Communities No L 61 / 19

2. The standing invitation to tender shall remain Member State, against a receipt, or addressed to that open until a date to be determined subsequently. authority by registered letter, telex or telegram .

2 . The tender must indicate : Article 3 (a) the invitation to which the tender relates ; 1 . The Member States shall draw up a notice of invi­ (b) the name and address of the tenderer ; tation to tender which shall be published in the Offi­ (c) the quantity of white sugar to be exported ; cial Journal of the European Communities. Member States may also publish the notice, or have it (d) the amount of the export levy or, where appli­ published, elsewhere . cable, of the export refund, per 100 kilograms of white sugar, expressed in the currency of the 2. The notice shall indicate in particular the terms Member State in which the tender is submitted ; of the invitation to tender. (e) the amount of the tender security to be lodged covering the quantity of sugar indicated in (c), 3 . The notice shall be published only for the expressed in the currency of the Member State in purpose of opening the standing invitation to tender. which the tender is submitted . It may be amended during the period of validity of the standing invitation to tender. It shall be so 3. A tender shall be valid only if : amended if the terms of the invitation are modified. (a) the quantity of white sugar to be exported is not less than 250 tonnes ; Article 4 (b) proof is furnished, before expiry of the time limit for the submission of tenders, that the tenderer 1 . The period during which tenders may be has lodged the security for tender indicated in the submitted in response to the first partial invitation to tender : offer ; (c) it includes a declaration by the tenderer that if his (a) shall begin on the day on which notice of the tender is successful he will within the period laid standing invitation to tender is published in the down in Article 12 (b) apply for an export licence Official Journal of the European Communities ; in respect of the quantity of white sugar to be (b) shall end on 12 March 1980 at 10 a.m. exported ;

(d) it contains all the information referred to in para­ 2. The periods during which tenders may be graph 2. submitted in response to the second and subsequent partial invitations : 4. A tender may stipulate that it is to be regarded (a) shall begin on the first working day following the as having been submitted only if : end of the preceding period ; (a) the minimum export levy or, where applicable, the (b) shall end at 10 a.m . on the Wednesday of the maximum export refund, is fixed on the day of following week. expiry of the period for the submission of the tenders in question ; 3. By way of derogation from paragraph 2 (b), the (b) the contract awarded relates to all or a specific part period for the submission of tenders which would of the quantity tendered for. otherwise end on Wednesday 30 April 1980 shall end on Tuesday 29 April at 10 a.m . 5 . A tender which is not submitted in accordance with the provisions of this Regulation, or which 4. The time limits laid down in the previous para­ contains terms other than those indicated in the graphs shall be : notice of invitation to tender, shall not be taken into consideration . (a) brought forward by one hour in Ireland and in the United Kingdom during the period in which summer time does not apply in those Member 6. Once submitted, a tender may not be withdrawn . States ; Article 6 (b) extended by one hour in the other Member States during the period in which summer time applies in those Member States . 1 . The security for tender shall be 3 ECU per 100 kilograms of white sugar to be exported .

Article 5 2. The tenderer may provide the security either in cash or in the form of a guarantee furnished by an 1 . Tenders, which must be in writing, shall either establishment complying with criteria laid down by the Member State in which the tender is submitted . be delivered by hand to the competent authority of a

No L 61 /20 6 . 3 . 80 Official Journal of the European Communities

3. Except in cases of force majeure, the security for — if a minimum levy is fixed, a contract shall be the tender shall be released only : awarded to the tenderer whose tender quotes the highest levy. If the maximum quantity is not fully (a) if a successful tenderer has within the period laid covered by that award, awards shall be made to down in Article 1 2 (b) applied for an export other tenderers jn descending order of levies licence ; quoted until the entire maximum quantity has been accounted for ; (b) in respect of any quantity for which no award has been made . — if a maximum refund is fixed, contracts shall be awarded in accordance with the first indent ; if The security shall be released forthwith . after such awards a quantity is still outstanding, or if there are no tenders quoting a levy, contracts 4. In case of force majeure, the competent shall be awarded, in ascending order of refunds authority of the Member State concerned shall take quoted until the entire maximum quantity has such action as it considers necessary having regard to been accounted for, to tenderers quoting a refund. the circumstances invoked by the party concerned .

2. However, where an award to a particular tenderer Article 7 in accordance with the provisions of paragraph 1 would result in the maximum quantity being 1 . Tenders shall be examined in private by the exceeded, that award shall be limited to such quantity competent authority concerned. Subject to paragraph as is still available . Where two or more tenderers 2, persons present at the examination shall be under quote the same levy or the same refund and awards to an obligation not to disclose any particulars relating all of them would result in the maximum quantity thereto . being exceeded, then the quantity available shall be awarded as follows : 2. Tenders shall be communicated to the Commis­ sion forthwith and in such manner that the tenderers — by being divided among the tenderers concerned remain anonymous . in proportion to the total quantities in each of their tenders, or

Article 8 — by being apportioned among the tenderers concerned by reference to a maximum tonnage to 1 . After the tenders received in respect of a partial be fixed for each of them, or invitation to tender have been examined, a maximum — by the drawing of lots. quantity may be fixed for that partial invitation .

2. A decision may be taken to make no award under a specific partial invitation to tender. Article 11

Article 9 1 . The competent authority of the Member State concerned shall immediately notify applicants of the result of their participation in the invitation to tender. 1 . Account being taken of the current state and In addition , that authority shall send successful foreseeable development of the Community and world tenderers a statement of award . sugar markets, there shall be fixed either :

— a minimum export levy, or 2 . The statement of award shall indicate : — a maximum export refund. (a) the invitation to which the tender relates ; 2. Subject to Article 10 , where a minimum export (b) the quantity of white sugar to be exported ; levy is fixed, a contract shall be awarded to every tenderer whose tender quotes a rate of levy equal to or (c) the export levy to be charged, or where applicable greater than such minimum levy. the export refund to be granted, per 100 kilograms of white sugar of the quantity referred to in (b). Subject to Article 10, where a maximum export refund is fixed , a contract shall be awarded to every tenderer whose tender quotes a rate of refund equal to or less Article 12 than such maximum refund and to every tenderer who has tendered for an export levy. Every successful tenderer shall have :

Article 10 (a) the right to be issued, in respect of the quantity awarded, with an export licence indicating as 1 . Where a maximum quantity has been fixed for a appropriate the export levy or the export refund partial invitation to tender : quoted in the tender ;

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(b) the obligation to apply, within 10 days following However export licences issued in connection with a the day of expiry of the period for the submission partial invitation to tender held after 30 April 1980 of tenders, for an export licence for that quantity ; shall be valid only until 30 September 1980 . Article 5 (3) of Regulation (EEC) No 193/75 and 3 . By way of derogation from the first indent of Article 10 of Regulation (EEC) No 645/75 shall Article 8 ( 1 ) (d) of Regulation ( EEC) No 2990/76 the not apply in such cases. security for licences issued for the export of sugar This right and this obligation shall not be transferable. covered by this Regulation shall amount to 9 ECU per 100 kilograms of white sugar. Article 13 Article 14 1 . Article 9 of Regulation (EEC) No 2990/76 shall not apply to white sugar to be exported in accordance The standing invitation to tender provided for in with this Regulation . Regulation (EEC) No 1634/77 shall be closed with effect from 6 March 1980 . 2. Export licences issued in connection with a partial invitation to tender shall be valid from the day Article /5 of issue until the end of the fifth month following that in which the award in respect of that partial invi­ The Regulation shall enter into force on 6 March tation to tender was made . 1980 .

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

Done at Brussels, 5 March 1980 .

For the Commission

Finn GUNDELACH

Vice-President