31977R1790

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COMMISSION REGULATION ( EEC ) NO 1790/77

OF 2 AUGUST 1977

ON A STANDING INVITATION TO TENDER IN ORDER TO DETERMINE EXPORT REFUNDS FOR RAW BEET SUGAR

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3330/74 OF 19 DECEMBER 1974 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1110/77 ( 2 ) , AND IN PARTICULAR ARTICLES 12 ( 2 ) , 19 ( 4 ) AND 34 THEREOF ,

WHEREAS , DUE TO THE SIZE OF THE FORESEEABLE COMMUNITY SURPLUS OF RAW BEET SUGAR AS WELL AS THE STATE , EVOLUTION AND TENDENCIES OF THE WORLD MARKET IN WHITE AND RAW SUGAR IT IS ECONOMICALLY DESIRABLE FOR THE COMMUNITY TO EXPORT SUCH BEET SUGAR TO THIRD COUNTRIES ; WHEREAS , TO THIS AIM , A STANDING INVITATION TO TENDER SHOULD BE OPENED ;

WHEREAS THE GENERAL RULES GOVERNING INVITATIONS TO TENDER FOR THE PURPOSE OF DETERMINING EXPORT REFUNDS FOR SUGAR WERE LAID DOWN BY COUNCIL REGULATION ( EEC ) NO 766/68 OF 18 JUNE 1968 LAYING DOWN GENERAL RULES FOR GRANTING EXPORT REFUNDS ON SUGAR ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1489/76 ( 4 ) ; WHEREAS THE RELEVANT RULES OF APPLICATION WERE LAID DOWN IN COMMISSION REGULATION ( EEC ) NO 394/70 OF 2 MARCH 1970 ( 5 ) , AS AMENDED BY REGULATION ( EEC ) NO 1467/77 ( 6 ) ;

WHEREAS , IN VIEW OF THE PRESENT STATE OF THE WORLD MARKET IN SUGAR , IT WOULD BE ADVISABLE TO WAIVE CERTAIN RULES OR TIME LIMITS LAID DOWN IN REGULATION ( EEC ) NO 394/70 OR IN COMMISSION REGULATION ( EEC ) NO 2990/76 OF 9 DECEMBER 1976 ON SPECIAL DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES FOR SUGAR ( 7 ) , AS AMENDED BY REGULATION ( EEC ) NO 278/77 ( 8 ) ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR SUGAR ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

A STANDING INVITATION TO TENDER SHALL BE ISSUED TO DETERMINE EXPORT REFUNDS FOR RAW SUGAR OBTAINED FROM SUGAR BEET HARVESTED IN THE COMMUNITY . DURING THE PERIOD OF VALIDITY OF THE STANDING INVITATION , PARTIAL INVITATIONS TO TENDER SHALL BE ISSUED .

ARTICLE 2

1 . THE STANDING INVITATION TO TENDER AND THE PARTIAL INVITATIONS SHALL BE ORGANIZED IN ACCORDANCE WITH REGULATIONS ( EEC ) NO 766/68 AND ( EEC ) NO 394/70 AND THE FOLLOWING PROVISIONS .

2 . THE STANDING INVITATION TO TENDER SHALL REMAIN OPEN UNTIL A DATE TO BE DETERMINED LATER .

ARTICLE 3

1 . THE PERIOD DURING WHICH TENDERS MAY BE SUBMITTED IN RESPONSE TO THE FIRST PARTIAL INVITATION TO TENDER :

( A ) SHALL BEGIN ON THE DAY ON WHICH NOTICE OF THE STANDING INVITATION TO TENDER IS PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ,

AND

( B ) SHALL END ON 17 AUGUST 1977 AT 10 A.M .

2 . THE PERIODS DURING WHICH TENDERS MAY BE SUBMITTED IN RESPONSE TO EACH OF THE SUBSEQUENT PARTIAL INVITATIONS TO TENDER :

( A ) SHALL BEGIN ON THE FIRST WORKING DAY FOLLOWING THE END OF THE PRECEDING PERIOD FOR THE SUBMISSION OF TENDERS IN QUESTION

AND

( B ) SHALL EXPIRE AT 10 A.M . ON THE WEDNESDAY OF THE FOLLOWING WEEK .

3 . BY WAY OF DEROGATION FROM PARAGRAPH 2 ( B ) , THE PERIODS FOR SUBMITTING TENDERS WHICH ARE TO END :

( A ) ON WEDNESDAY , 2 NOVEMBER 1977 , SHALL END ON THURSDAY , 3 NOVEMBER 1977 , AT 10 A.M . ;

( B ) ON WEDNESDAY , 16 NOVEMBER 1977 , SHALL END ON THURSDAY , 17 NOVEMBER 1977 , AT 10 A.M .

BY WAY OF DEROGATION FROM PARAGRAPH 2 , THE PARTIAL INVITATION TO TENDER SCHEDULED FOR WEDNESDAY , 28 DECEMBER 1977 SHALL NOT BE ISSUED .

4 . THE TIME LIMIT FIXED IN THE PRECEDING PARAGRAPHS SHALL :

( A ) BE BROUGHT FORWARD BY ONE HOUR IN IRELAND AND THE UNITED KINGDOM OUTSIDE THE PERIODS OF SUMMER TIME IN THOSE MEMBER STATES ;

( B ) BE PUT BACK BY ONE HOUR IN THE OTHER MEMBER STATES WHEN THEY APPLY SUMMER TIME .

ARTICLE 4

1 . A TENDER SHALL BE VALID ONLY IF :

- THE QUANTITY OF RAW SUGAR TO BE EXPORTED IS NOT LESS THAN 250 TONNES ,

- THE AMOUNT OF THE REFUND PROPOSED IS STATED PER 100 KILOGRAMS OF RAW SUGAR OF STANDARD QUALITY ,

- IT INCLUDES A DECLARATION BY THE TENDERER THAT THE SUGAR TO BE EXPORTED REFERRED TO IN THE TENDER IS RAW SUGAR OBTAINED FROM SUGAR BEET HARVESTED IN THE COMMUNITY .

2 . BY WAY OF DEROGATION FROM ARTICLE 3 ( 2 ) ( C ) OF REGULATION ( EEC ) NO 394/70 , THE QUANTITY TO BE EXPORTED REFERRED TO IN THE TENDER SHALL BE EXPRESSED BY WEIGHT IN THE UNALTERED STATE .

ARTICLE 5

BY WAY OF DEROGATION FROM ARTICLE 4 ( 1 ) OF REGULATION ( EEC ) NO 394/70 , THE TENDERING SECURITY SHALL BE EQUAL TO THREE UNITS OF ACCOUNT PER 100 KILOGRAMS OF RAW SUGAR TO BE EXPORTED .

ARTICLE 6

WITHOUT PREJUDICE TO ARTICLE 5 OF REGULATION ( EEC ) NO 394/70 , TENDERS SHALL BE NOTIFIED IMMEDIATELY AND ANONYMOUSLY TO THE COMMISSION .

ARTICLE 7

ONCE THE TENDERS HAVE BEEN EXAMINED , A MAXIMUM QUANTITY MAY BE FIXED BY PARTIAL INVITATION TO TENDER .

ARTICLE 8

FOR THE PURPOSES OF THIS REGULATION :

- THE PERIOD LAID DOWN IN ARTICLE 7 ( 2 ) OF REGULATION ( EEC ) NO 394/70 SHALL BE REPLACED BY A PERIOD OF TEN DAYS ,

- THE POSSIBILITY OF CANCELLATION LAID DOWN BY ARTICLE 5 ( 3 ) OF REGULATION ( EEC ) NO 193/75 ( 9 ) SHALL NOT APPLY .

ARTICLE 9

1 . ARTICLE 9 OF REGULATION ( EEC ) NO 2990/76 SHALL NOT APPLY TO RAW SUGAR TO BE EXPORTED IN ACCORDANCE WITH THIS REGULATION .

2 . EXPORT LICENCES ISSUED PURSUANT TO A PARTIAL INVITATION TO TENDER SHALL BE VALID FROM THE DATE OF THEIR ISSUE TO THE END OF THE FIFTH MONTH FOLLOWING THAT IN WHICH THE SAID TENDMER WAS MADE .

HOWEVER ,

( A ) EXPORT LICENCES ISSUED PURSUANT TO PARTIAL INVITATIONS TO TENDER MADE BETWEEN 17 AUGUST 1977 AND 30 SEPTEMBER 1977 SHALL BE VALID ONLY UNTIL 31 DECEMBER 1977 ;

( B ) EXPORT LICENCES ISSUED PURSUANT TO A PARTIAL INVITATION TO TENDER MADE SUBSEQUENTLY AFTER 30 APRIL 1978 SHALL BE VALID ONLY UNTIL 30 SEPTEMBER 1978 .

3 . BY WAY OF DEROGATION FROM THE FIRST INDENT OF ARTICLE 8 ( 1 ) ( D ) OF REGULATION ( EEC ) NO 2990/76 , THE SECURITY RELATING TO LICENCES ISSUED FOR EXPORTS PURSUANT TO THIS REGULATION SHALL BE EIGHT UNITS OF ACCOUNT PER 100 KILOGRAMS OF RAW SUGAR .

ARTICLE 10

THIS REGULATION SHALL ENTER INTO FORCE ON 5 AUGUST 1977 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 2 AUGUST 1977 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT

( 1 ) OJ NO L 359 , 31 . 12 . 1974 , P . 1 .

( 2 ) OJ NO L 134 , 28 . 5 . 1977 , P . 1 .

( 3 ) OJ NO L 143 , 25 . 6 . 1968 , P . 6 .

( 4 ) OJ NO L 167 , 26 . 6 . 1976 , P . 13 .

( 5 ) OJ NO L 50 , 4 . 3 . 1970 , P . 1 .

( 6 ) OJ NO L 162 , 1 . 7 . 1977 , P . 6 .

( 7 ) OJ NO L 341 , 10 . 12 . 1976 , P . 14 .

( 8 ) OJ NO L 39 , 10 . 2 . 1977 , P . 17 .

( 9 ) OJ NO L 25 , 31 . 1 . 1975 , P . 10 .