++++

( 1 ) OJ N L 359 , 31 . 12 . 1974 , P . 1 .

( 2 ) OJ N L 167 , 26 . 6 . 1976 , P . 9 .

( 3 ) OJ N L 91 , 12 . 4 . 1968 , P . 5 .

( 4 ) OJ N L 246 , 12 . 11 . 1970 , P . 3 .

( 5 ) OJ N L 31 , 4 . 2 . 1972 , P . 22 .

( 6 ) OJ N L 94 , 21 . 4 . 1972 , P . 1 .

( 7 ) OJ N L 133 , 19 . 6 . 1971 , P . 34 .

( 8 ) OJ N L 197 , 23 . 7 . 1976 , P . 32 .

( 9 ) OJ N L 213 , 11 . 8 . 1975 , P . 31 .

( 10 ) OJ N L 84 , 31 . 3 . 1976 , P . 27 .

COMMISSION REGULATION ( EEC ) N 2732/76

OF 10 NOVEMBER 1976

ON A STANDING INVITATION TO TENDER FOR WHITE SUGAR HELD BY THE GERMAN INTERVENTION AGENCY AND INTENDED FOR EXPORT

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 3330/74 OF 19 DECEMBER 1974 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) N 1487/76 ( 2 ) , AND IN PARTICULAR ARTICLES 11 ( 3 ) AND 12 ( 2 ) THEREOF ,

WHEREAS , IN VIEW OF THE PROBLEMS CREATED BY THE STORAGE OF SUGAR OFFERED TO THE GERMAN INTERVENTION AGENCY , A STANDING INVITATION TO TENDER SHOULD BE OPENED FOR THE SALE OF THE SAID SUGAR IN LOTS ; WHEREAS THE SALE SHOULD BE FOR EXPORT ;

WHEREAS THE GENERAL AND DETAILED RULES FOR THE SALE OF INTERVENTION SUGAR BY TENDER WERE LAID DOWN BY COUNCIL REGULATION ( EEC ) N 447/68 OF 9 APRIL 1968 LAYING DOWN GENERAL RULES FOR INTERVENTION BUYING OF SUGAR ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) N 2274/70 ( 4 ) , AND BY COMMISSION REGULATION ( EEC ) N 258/72 OF 3 FEBRUARY 1972 LAYING DOWN DETAILED RULES CONCERNING THE SALE BY TENDER OF SUGAR BY INTERVENTION AGENCIES ( 5 ) ;

WHEREAS A MINIMUM QUANTITY PER TENDER , APPROPRIATE TO THE INTENDED USE BUT AT THE SAME TIME ENCOURAGING THE PARTICIPATION OF THE GREATEST POSSIBLE NUMBER OF PROSPECTIVE PURCHASERS , SHOULD BE PRESCRIBED ;

WHEREAS THE QUALITY OF THE SUGAR TO BE SOLD FALLS WITHIN THE CATEGORIES SPECIFIED IN COUNCIL REGULATION ( EEC ) N 793/72 OF 17 APRIL 1972 FIXING THE STANDARD QUALITY FOR WHITE SUGAR ( 6 ) AND COMMISSION REGULATION ( EEC ) N 1280/71 OF 18 JUNE 1971 LAYING DOWN DETAILED RULES FOR THE BUYING-IN OF SUGAR BY INTERVENTION AGENCIES ( 7 ) , AS LAST AMENDED BY REGULATION ( EEC ) N 1763/76 ( 8 ) ;

WHEREAS PROVISION SHOULD BE MADE FOR EXPORT LICENCES TO BE VALID FOR A PERIOD DIFFERENT FROM THAT LAID DOWN IN COMMISSION REGULATION ( EEC ) N 2048/75 OF 25 JULY 1975 ON SPECIAL DETAILED RULES FOR APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES FOR SUGAR ( 9 ) , AS AMENDED BY REGULATION ( EEC ) N 719/76 ( 10 ) ;

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

1 . THE GERMAN INTERVENTION AGENCY IS HEREBY INVITED TO OPEN A STANDING INVITATION TO TENDER FOR THE SALE FOR EXPORT OF WHITE SUGAR WHICH IT HOLDS . THE INVITATION TO TENDER SHALL BE IN RESPECT OF THE EXPORT REFUNDS ON THE SAID SUGAR .

2 . THE STANDING INVITATION TO TENDER SHALL RELATE TO QUANTITIES OF WHITE SUGAR MADE UP INTO LOTS WITHIN MEANING OF ARTICLE 2 ( 2 ) OF REGULATION ( EEC ) N 258/72 AND AS INDICATED IN THE ANNEX HERETO .

ARTICLE 2

THE STANDING INVITATION TO TENDER AND PARTIAL INVITATIONS , THEREUNDER SHALL BE CONDUCTED IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF REGULATION ( EEC ) N 447/68 AND ( EEC ) N 258/72 AND WITH THE PROVISIONS HEREINAFTER SET OUT .

ARTICLE 3

THE STANDING INVITATION TO TENDER SHALL REMAIN OPEN UNTIL THE DATE OF THE PARTIAL AWARD AT WHICH REFUNDS ARE DETERMINED FOR THE RELEVANT LOTS OR , AS THE CASE MAY BE , FOR THE REMAINING LOT OR PART OF A LOT . THE STANDING INVITATION SHALL THEREUPON AUTOMATICALLY BE SUSPENDED FROM THAT DATE . FOR AS LONG AS THE STANDING INVITATION REMAINS OPEN , WEEKLY PARTIAL AWARDS SHALL BE MADE .

ARTICLE 4

1 . BY WAY OF DEROGATION FROM ARTICLE 5 ( 4 ) ( B ) OF REGULATION ( EEC ) N 258/72 , THE TIME LIMIT FOR THE SUBMISSION OF TENDERS DUE BY WEDNESDAY 8 DECEMBER 1976 SHALL EXPIRE ON TUESDAY 7 DECEMBER 1976 AT 09.30 HOURS .

2 . BY WAY OF DEROGATION FROM ARTICLE 5 ( 3 ) OF REGULATION ( EEC ) N 258/72 , THERE SHALL BE NO PARTIAL AWARD ON WEDNESDAY 29 DECEMBER 1976 .

ARTICLE 5

A TENDER SHALL NOT BE VALID UNLESS IT RELATES EITHER TO A QUANTITY OF AT LEAST 1 000 METRIC TONS OR TO THE ENTIRE REMAINING QUANTITY OF A LOT , WHERE SUCH QUANTITY IS LESS THAN 1 000 METRIC TONS .

ARTICLE 6

BY WAY OF DEROGATION FROM ARTICLE 7 ( 1 ) ( B ) OF REGULATION ( EEC ) N 258/72 , THE SECURITY FOR TENDER SHALL BE TWO UNITS OF ACCOUNT PER 100 KILOGRAMMES OF WHITE SUGAR .

ARTICLE 7

THE PRICE TO BE PAID BY THE SUCCESSFUL TENDERER SHALL BE AS FIXED PER 100 KILOGRAMMES IN RESPECT OF EACH LOT , IN THE ANNEX HERETO . THE PRICE FOR EACH LOT IS QUOTED EX STORAGE DEPOT , GOODS LADEN AND PRESENTED IN THE MANNER DESCRIBED IN THE ANNEX , BUT EXCLUSIVE OF INTERNAL TAXES .

ARTICLE 8

THE GERMAN INTERVENTION AGENCY SHALL EACH WEEK , BY DISPLAYING NOTICES , PUBLISH PARTICULARS OF THE QUANTITIES SOLD . IN ADDITION NOTICES SHALL BE DISPLAYED IN THOSE PLACES AT THE COMMISSION HEADQUARTERS IN BRUSSELS SET ASIDE FOR THE PURPOSE .

ARTICLE 9

1 . THE PROVISIONS OF ARTICLE 14 OF REGULATION ( EEC ) N 2048/75 SHALL NOT APPLY TO WHITE SUGAR FOR EXPORT UNDER THE PRESENT STANDING INVITATION TO TENDER .

2 . THE EXPORT LICENCES ISSUED PURSUANT TO A PARTIAL AWARD SHALL BE VALID FROM THE DAY OF ISSUE UNTIL EXPIRY OF THE FIFTH MONTH FOLLOWING THE MONTH IN WHICH THE AWARD TAKES PLACE .

3 . BY WAY OF DEROGATION FROM THE FIRST INDENT OF ARTICLE 13 ( 1 ) ( C ) OF REGULATION ( EEC ) N 2048/75 , THE SECURITY FOR LICENCES ISSUED FOR THE EXPORT OF SUGAR COVERED BY THIS REGULATION SHALL BE SIX UNITS OF ACCOUNT PER 100 KILOGRAMMES OF WHITE SUGAR .

ARTICLE 10

THIS REGULATION SHALL ENTER INTO FORCE ON 11 NOVEMBER 1976 .

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

DONE AT BRUSSELS , 10 NOVEMBER 1976 .

FOR THE COMMISSION

P . J . LARDINOIS

MEMBER OF THE COMMISSION

ANNEX : SEE O.J . N L 310 OF 11 . 11 . 76