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23.7.

98 EN Official Journal of the European Communities C 231/17

III
(Notices)

COMMISSION
Irish Sugar Intervention Agency (ISIA), Dublin
Bundesanstalt für Landwirtschaft und Ernährung (BLE), Frankfurt am Main
Fonds d’intervention et de r~gularisation du march~ du sucre (FIRS), Paris
Azienda di Stato per gli interventi nel mercato agricolo (AIMA), Roma
Hoofdproductschap Akkerbouw (HPA), Den Haag
Bureau d’intervention et de restitution belge (BIRB), Bruxelles
Ministre de l’agriculture, Luxembourg
Intervention Board — Executive Agency (IB-EA), Newcastle
Direktoratet for Markedsordningerne (EU-D), København
Yphresòa Diaxeòrishw Agor×n Gevrgik×n Proõöntvn (YDAGEP), Aqþna
Fondo Espaýol de Garantòa Agraria (FEGA), Madrid
Minist~rio do Com~rcio e Turismo, Direcç}o-Geral do Com~rcio, Lisboa
Agrarmarkt Austria, Wien
Maa- ja metsätalousministeriö, interventioyksikkö, Helsinki
Statens jordbruksverk (SJV), Jönköping

Notice of a standing invitation to tender in order to determine levies and/or refunds on exports
of white sugar
(No 1/1998)
(98/C 231/07)

I. Subject 2.1.ÙThe period during which tenders may be submitted


in response to the first partial invitation will begin
1.ÙA standing invitation to tender will be held in order to on 30 July 1998 and will expire at 10.30 a.m. on
determine levies and/or refunds on exports of white 5 August 1998.
sugar falling within CN code 1701Ø99Ø10.
2.2.ÙThe period during which tenders may be submitted
2.ÙThe standing invitation to tender shall be conducted in response to subsequent partial invitations will
in accordance with the provisions laid down in: expire at 10.30 a.m. on Wednesday each week.

Article 17a of 2.3.ÙThe period during which tenders may be submitted


in response to the second and subsequent partial
—ÙRegulation (EEC) No 1785/81Ø(Î), invitations will begin on the first working day
following the day on which the preceding period
and ends.
—ÙRegulation (EC) No 1574/98Ø(Ï).
2.4.ÙThe period for the submission of tenders which was
to end on:
II. Time limits
—ÙWednesday 11 November 1998, shall end on
1. The standing invitation to tender shall remain open Tuesday 10 November 1998 at 10.30 a.m.,
until a date to be determined later. During the
period of validity of this invitation, partial invi- —ÙWednesday 14 July 1999, shall end on Tuesday
tations will be issued. 13 July 1999 at 10.30 a.m.

2.5.ÙNo partial invitations to tender will be issued on


(Î)ÙOJ L 177, 1.7.1981, p. 4. Wednesday 23 and 30 December 1998 or 31 March
(Ï)ÙOJ L 206, 23.7.1998, p. 7. 1999.
C 231/18 EN Official Journal of the European Communities 23.7.98

3. The time limits laid down in this notice are —ÙHoofdproductschap Akkerbouw,
expressed in Belgian time. Stadhoudersplantsoen 12,
NL-2517 JL Den Haag
(Telex: 325Ø79; tel. (070) 370Ø87Ø08;
4. Subject to its amendment or replacement, the terms telefax: (070) 346Ø14Ø00, (070) 370Ø84Ø44),
of this notice will apply to every partial invitation to
tender held during the period of validity of this —ÙBureau d’intervention et de restitution belge,
standing invitation to tender. Rue de Trves 82,
B-1040 Bruxelles
(telex: 240Ø76, 655Ø67; tel.: 287Ø24Ø11,
III. Tenders telefax: 230Ø25Ø33, 280Ø03Ø07),

—ÙDirektoratet for Markedsordningerne,


1. This notice invites interested parties to submit, for EU-direktoratet,
each partial invitation to tender, tenders for the Kampmannsgade 3,
export levy and/or export refund for the sugar DK-1780 København V,
referred to in Title I above. (telex: 15Ø137; tel. (45) 33Ø92Ø70Ø00;
telefax: (45) 33Ø92Ø69Ø48),

2.1.ÙTenders must be submitted in writing and must be — Yphresòa Diaxeòrishw Agor×n Gevrgik×n
handed in against a receipt, or sent by registered Proõöntvn,
post, telex, telegram or telefax message, to one of Axarn×n 5, Aqþna,
the following addresses at the latest by the time and (telex: 221Ø734, 221Ø735, 221Ø738;
date stipulated in II.2 above: telefax: 31/22Ø82Ø21 Hellenic Sugar Industry,
Thessaloniki, Hellas),
—ÙIntervention Board - Executive Agency, —ÙFondo Espaýol de Garantòa Agraria
Lancaster House, c/ØBeneficencia, 8
Hampshire Court, E-28004 MADRID
UK-Newcastle upon Tyne NE4 7YE, Telex FEGA: 91.347.63.97
(telex: 848Ø302; tel.: 0191Ø226Ø5280; Tfno: 91.347.63.10 y 91.347.46.00
telefax: 0191Ø226Ø5212), Fax: 91.521.098.32 y 91.310.46.18,

—ÙMinist~rio di Com~rcio e Turismo,


—ÙIrish Sugar Intervention Agency, Department of Direcç}o-Geral do Com~rcio,
Agriculture and Food, Av. da República, 79,
Agriculture House, Kildare Street, P-1100 Lisboa Codex
IRL-Dublin 2, (Tel.: 1/796Ø37Ø23, Fax 1/793Ø22Ø010,
[telex: 93607c AGRI EI and AGRI 51Ø182; 1/796Ø37Ø23),
tel.: 01/607Ø20Ø00; telefax: 01/607Ø23Ø99],
—ÙAgrarmarkt Austria,
—ÙFonds d’intervention et de r~gularisation du Dresdnerstraße 70,
march~ du sucre, A-1200 Wien
120, boulevard de Courcelles, (Tel.: 1/33Ø151; Telefax: 1/33Ø151/199),
F-75017 Paris,
—ÙMaa- ja metsätalousministeriö,
(telex: FIRS Paris 644Ø597, 650Ø411;
Interventioyksikkö,
tel.: 47Ø66Ø51Ø80; telefax: 47Ø63Ø18Ø44),
Kluuvikatu 4,
PL 232
—ÙBundesanstalt für Landwirtschaft FIN-00171 Helsinki
und Ernährung, (tel. (90) 1601); telefax (90) 160Ø97Ø90,
Referat 325,
Adickesallee 40, —ÙStatens jordbruksverk,
D-60322 Frankfurt am Main, Vallgatan 8,
(teletext: 699Ø7624; S-551Ø82 Jönköping
Tel.: (069) 15Ø64-0; (telex: 709Ø91 SJV-S; tel.: (46) 36-15Ø50Ø00;
telefax: (069) 15Ø64-624/793), telefax: (46) 36-19Ø05Ø46).

2.2.ÙTenders not submitted by telex, telegram or telefax


— Azienda di Stato per gli interventi nel mercato message must reach the address concerned in double
agricolo, sealed envelopes. The inner envelope, also sealed,
Via Palestro 81, must carry the words: ‘Tender under standing in-
I-00185 Roma, vitation to tender to determine levies and/or refunds
(telex: 613Ø003, Minagrin per l’AIMA; on exports of white sugar, No 1/1998 — Con-
tel.: (39-6) 47Ø49Ø91; telefax: (39-6) 445Ø39Ø40), fidential’.
23.7.98 EN Official Journal of the European Communities C 231/19

3. The tender must indicate: 5. The tender, as well as the proofs and declarations
referred to in points 3 and 4, must be in the official
(a)Ùthe reference number of the invitation to tender language, or one of the official languages, of the
(No 1/1998); Member State in which the tender is submitted.

(b) the name and address of the tenderer; 6. A tender which is not submitted in accordance with
this notice, or which contains terms other than those
(c) the quantity of white sugar to be exported; in this notice, will not be considered.

(d) the amount of the export levy, or export refund, 7. Once submitted, a tender cannot be withdrawn.
per 100 kilograms of white sugar, expressed in
ecus to three decimal places;
8. A tender may stipulate that it is to be regarded as
having been submitted only if:
(e) the amount of the security to be lodged
covering the quantity of sugar referred to under
(a)Ùa decision is taken on the miminum amount of
(c), expressed in the currency of the Member
export levy, or the maximum amount of the
State in which the tender is submitted.
export refund, on the day on which the period
for the submission of tenders expires;
4. A tender will be valid only if:
(b) the award of the tender is for the entire quantity
(a)Ùbefore the expiry of the time limit for the or for a specific part thereof.
submission of tenders, the security referred to
under IV, or proof that this security has been
lodged, has been furnished to one of the IV. Security
addresses listed under III.2.1 chosen by the
tenderer for the submission of the tender; 1.1.ÙA security of ECU 11 per 100 kilograms of sugar to
be exported under this standing invitation to tender
(b) it is in respect of at least 250 tonnes of white must be lodged by each tenderer.
sugar;
1.2.ÙWithout prejudice to VI.3, the security referred to
(c) it includes a declaration by the tenderer that if in 1.1 shall in the case of successful tenderers and at
his tender is successful he will apply within the the time of the application referred to in V.6.1 (b)
time limit specified under V.6.1 (b) for an become the security for the export licence.
export licence or licences in respect of the
quantities of white sugar to be exported;
2.1.ÙThe security may be lodged at the tenderer’s choice,
either in cash or in the form of a guarantee given by
(d) it includes a declaration by the tenderer that the
a bank approved by the Member State concerned
product for export is white sugar of fair, sound
and expressed in the currency of that Member State.
and marketable quality, falling within CN code
1701Ø99Ø10;
The guarantee must be made out in favour of the
(e) it includes a declaration by the tenderer that if competent authority concerned.
his offer is successful he will:
2.2.ÙHowever, for a tender submitted to the competent
—Ùwhere the obligation to export created by authority in Germany, the security must be in
the export licence referred to under V.6.1 favour of the Federal Republic of Germany. For a
(b) is not fulfilled, supplement the security tender submitted to the competent authority in the
by the payment of the amount referred to in other Member States, the guarantee may also be
VI.3, given by a financial institution approved by the
Member State concerned. The guarantee must be
and made out in the official language, or in one of the
official languages, of the Member State in which the
tender is submitted.
—Ùwithin 30 days following the expiry of the
export licence in question notify the agency
which issued the licence of the quantity or 3.1.ÙExcept in case of force majeure the security shall be
quantities in respect of which the licence was released:
not used;
(a)Ùto unsuccessful tenderers in respect of the
(f) it includes all the particulars specified in III.3. quantity for which no award has been made;
C 231/20 EN Official Journal of the European Communities 23.7.98

(b) to successful tenderers who have not applied for tenderer or tenderers who quote either the same
their export licence within the period laid down levy as the minimum levy or a higher figure.
in V.6.1(b), to the extent of ECU 10 per 100
kilograms of white sugar.
3.2.ÙExcept where point 2 applies, and without prejudice
However, this part of the releaseable security to points 4 and 5, where a maximum export refund
will be reduced by the amount representing the is fixed, an award will be made to the tenderer or
difference existing as applicable: tenderers who quote either the same refund as the
maximum refund or a lower figure, or to every
—Ùbetween the maximum amount of the export tenderer quoting an export levy.
refund fixed for the partial invitation in
question and the maximum amount of the
export refund fixed for the following partial 4. Where a maximum quantity has been fixed for a
invitation when the latter amount is higher partial invitation to tender:
than the former,

—Ùor between the minimum amount of the —Ùin the case of a minimum levy, an award will be
export levy fixed for the partial invitation in made to the tenderer quoting the highest export
question and the minimum amount of the levy. If the maximum quantity is not totally
export levy fixed for the following partial accounted for by this award, then further
invitation when the latter is lower than the awards will be made, until the entire quantity is
former; fully accounted for, to those tenderers quoting
the next highest export levy,
(c) to successful tenderers, for the quantity for
which they have fulfilled, within the meaning of
Article 29(b) and the first subparagraph of —Ùin the case of a maximum refund, and where
Article 30(1)(b) under (i) of Regulation (EEC) there are offers for export levies, awards will be
No 3719/88Ø(Î) as last amended by Regulation made in accordance with the preceding indent.
(EC) No 1044/98Ø(Ï), the export obligation After all offers for export levies have been
resulting from the licence referred to in V.6.1 accepted, or where there are no such offers,
(b) in accordance with the terms of Article 33 of awards will be made to the tenderers quoting a
that Regulation. refund, in ascending order of refunds, until the
entire maximum quantity is fully accounted for.
3.2.ÙThe part of the security or the security which is not
released shall be forfeit in respect of the quantity of
sugar for which the corresponding obligations have 5.1.ÙWhere, however, the provisions in point 4 governing
not been fulfilled. awards would result in the maximum quantity being
exceeded because of the acceptance of a particular
offer, an award will be made to the tenderer
4. In case of force majeure the competent authority will
concerned only in respect of that quantity necessary
determine the measures necessary in view of the
to use up the balance of the maximum quantity
circumstances put forward by the party concerned.
remaining.

V. Award of contracts
5.2.ÙWhere offers quote the same export levy or refund
1. After examination of the offers a maximum quantity and would, if accepted for the full quantity in
may be fixed for each of the partial invitations to respect of which they have been submitted, cause
tender. the maximum quantity to be exceeded, awards will
be made:

2. It may be decided that no award should be made


under a specific partial invitation to tender. —Ùeither pro rata to the total quantities specified in
each of the tenders,
3.1.ÙExcept where point 2 applies, and without
prejudice, to points 4 and 5, where a minimum
export levy is fixed an award will be made to the —Ùor by successful tenderer, up to a maximum
tonnage to be determined for each of them,

(Î)ÙOJ L 331, 2.12.1988, p. 1.


(Ï)ÙOJ L 149, 20.5.1998, p. 11. —Ùby drawing lots.
23.7.98 EN Official Journal of the European Communities C 231/21

6.1.ÙThe successful tenderer will have: 8. The value of the ecu will be determined in
conformity with Articles 2 and 3 of Council Reg-
ulation (EEC) No 3813/92Ø(Î), as last amended by
(a)Ùthe right to receive in the circumstances referred Regulation (EC) No 150/95Ø(Ï).
to under (b), in respect of the quantity for
which an award has been made, an export
licence specifying, as appropriate, the export
levy or refund quoted in the tender; VI. Export licences

(b) the obligation to lodge, in accordance with the


relevant provisions of Regulation (EEC) 1. The first subparagraph of Article 9 of Regulation
No 3719/88, an application for an export (EC) No 1464/95Ø(Ð), as last amended by Reg-
licence in respect of that quantity not later than: ulation (EC) No 1148/98Ø(Ñ), and Article 12 of
Regulation (EEC) No 120/89Ø(Ò), as last amended
by Regulation (EC) No 2194/96Ø(Ó), shall not apply
—Ùthe last working day preceding the date of to white sugar exported in accordance with this
the partial invitation to tender to be held in notice.
the following week,

or 2.1.ÙExport licences issued as a result of a partial in-


vitation will be valid from the day of issue until the
end of the fifth month following that in which the
partial invitation took place.
—Ùif no partial invitation to tender is to be held
that week, the last working day of the
following week;
2.2.ÙHowever, export licences issued in respect of the
partial invitations held after 1 May 1999 will be
(c) the obligation to export the tendered quantity valid only until 30 September 1999.
and if this obligation is not fulfilled in
accordance with Article 29(b) and Article
30(1)(b)(i) of Regulation (EEC) No 3719/88, to
pay, where applicable, the amount referred to in The competent authorities in the Member State
VI.3. which issued the export licence may, at the written
request of the holder of that licence, extend its
validity to 15 October 1999 at the latest where
6.2.ÙThis right and these obligations are not transferable. technical difficulties arise which prevent the export
being carried out by the expiry date of the licence
laid down in 2.2, provided that the export is not
subject to the rules laid down in Article 4 or 5 of
7.1.ÙThe competent authority in the Member State
Regulation (EEC) No 565/80Ø(Ô).
concerned will immediately notify all applicants of
the result of their participation in the invitation to
tender. In addition, that authority will send the
successful tenderers a statement of award.
2.3.ÙThe export licences issued in respect of the partial
invitations held between 5 August and 30 September
1998 will be usable only from 1 October 1998.
7.2.ÙStatements of award will indicate, inter alia:

(a)Ùthe reference number of the invitation to tender 3. Except in the case of force majeure, if the obligation
(No 1/1998); to export resulting from the export licence applied
for is not fulfilled in accordance with Articles 29(b)

(b) the quantity of white sugar to be exported; (Î)ÙOJ L 387, 31.12.1992, p. 1.


(Ï)ÙOJ L 22, 3.1.1995, p. 1.
(Ð)ÙOJ L 144, 28.6.1995, p. 14.
(c) the export levy to be charged, or the export (Ñ)ÙOJ L 159, 3.6.1998, p. 38.
refund to be granted, expressed in ecus per 100 (Ò)ÙOJ L 16, 20.1.1989, p. 19.
kilograms of white sugar of the quantity (Ó)ÙOJ L 293, 16.11.1996, p. 3.
referred to in (b). (Ô)ÙOJ L 62, 7.3.1980, p. 5.
C 231/22 EN Official Journal of the European Communities 23.7.98

and 30(1)(b)(i) of Regulation (EEC) No 3719/88 VII. Adjustment of the refunds or the levies
and if the security referred to in IV.1.1 is less than:

1.ÙIf the intervention prices or the storage levies fixed in


ecus pursuant to Regulation (EEC) No 1785/81 are
(a)Ùthe export levy indicated in the licence, reduced amended during the interval between the day of
by the levy referred to in the second paragraph expiry of the period for submission of tenders and the
of Article 20(1) of Regulation (EEC) No day of export, the amounts of the export refunds and
1785/81 in force on the last day of validity of the export levies fixed under the terms of this in-
the said licence; vitation to tender before 1 July 1999, for the sugar
exported from that date, shall be adjusted.

or 2.ÙFor the adjustment referred to in point 1:

(a)Ùin the event of the fixing of an intervention price


(b) the sum of the export levy indicated in the for white sugar applicable with effect from 1 July
licence and the refund referred to in Article 1999 which is greater than that in force on 30
17a(2) of Regulation (EEC) No 1785/81 in June 1999, the export refund and the export levy
force on the last day of validity of the said shall be adjusted by an amount equal to the
licence; difference expressed in ecus per 100 kilograms
existing between the intervention price for white
sugar applicable with effect from 1 July 1999 and
the intervention price for that sugar in force on
or 30 June 1999;

(b) in the event of the fixing of an intervention price


(c) the export refund referred to in Article 17a(2) for white sugar applicable with effect from 1 July
of Regulation (EEC) No 1785/81 in force on 1999 which is lower than that in force on 30 June
the last day of validity of the licence reduced by 1999, the export refund and the export levy shall
the refund indicated on the said licence; be adjusted by an amount equal to the difference
expressed in ecus per 100 kilograms existing
between the intervention price for white sugar in
force on 30 June 1999 and the intervention price
then, for the quantity in respect of which the said for that sugar applicable with effect from 1 July
obligation was not fulfilled, the licence holder will 1999.
be charged an amount equal to the difference
between the result of the calculation made under
3. For the calculation of the differences referred to in
(a), (b) or (c), as the case may be, and the security
point 2, the intervention prices in question shall be
referred to in IV.1.1.
increased by the corresponding storage levy referred
to in the second subparagraph of Article 8(2) of
Regulation (EEC) No 1785/81.
4. For this standing invitation, the cancellation
procedure provided for in Article 13(2) of Reg-
4.ÙWhere the amount of the storage levy only varies
ulation (EEC) No 3719/88 cannot be invoked.
from one marketing year to another, the refund shall
be adjusted by applying the provisions of paragraph 2
(a) or (b), as appropriate.
5. If the tenderer intends to apply for advanced fixing
of the agricultural conversion rate under this 5.ÙFor the purpose of applying this title, the Member
standing invitation, the provisions of the second State issuing the relevant export licence shall at the
indent of Article 13(1) of Regulation (EEC) time of issue complete the section headed ‘Special
No 1068/93Ø(Î), as last amended by Regulation particulars’ by adding the following: ‘to be adjusted in
(EC) No 1053/95Ø(Ï), shall not apply. accordance with adjudication Regulation (EC)
No 1574/98 for exports which took place after 30
June 1999.’

(Î)ÙOJ L 108, 1.5.1993, p. 106. 6.ÙThe adjustment shall be made when the export refund
(Ï)ÙOJ L 188, 27.7.1996, p. 22. in question is paid.
23.7.98 EN Official Journal of the European Communities C 231/23

VIII. Disputes —Ùof the courts of Athens, in the case of the


YDAGEP,
Any dispute between the successful tenderer and the
competent authority to whom the tender was submitted —Ùof the courts of Madrid, in the case of FEGA,
will:
—Ùof the courts ‘da Comarca’ of Lisbon, in the case
1.ÙFall exclusively within the jurisdiction: of Minist~rio do Com~rcio e Turismo,
—Ùof the Tribunal de Grande Instance de Paris, in all —Ùof the courts of Wien, in the case of the AMA,
instances, even proceedings involving the intro-
duction of third parties and proceedings involving —Ùof the court Uudenmaan lääninoikeus, in the case
several defendants, in the case of FIRS, of Maa- ja metsätalousministeriön, interven-
tioyksikön.
—Ùof the courts of Frankfurt am Main, in the case of
BLE,
2.ÙBe settled:
—Ùof the courts of Rome, in the case of AIMA,
—Ùaccording to English law, in the case of IB-EA,
—Ùof the ‘College van Beroep voor het Bedrijfsleven’,
Juliana van Stolberglaan 2, The Hague, in the —Ùaccording to Irish law, in the case of ISIA,
case of the HPA,
—Ùaccording to Swedish law, in the case of SJV.
—Ùof the courts of Brussels, as court of last instance,
in the case of the BIRB, IX.

—Ùof the courts of Copenhagen, in the case of the Standing invitation to tender No 1/1997 (OJ C 224,
EU-D, 23.7.1997, p. 25) shall be closed on 30 July 1998.