12. 5. 93 Official Journal of the European Communities No L 116/5 COMMISSION REGULATION (EEC) No 1144/93 of 10 May 1993 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector ('), as last amended by Regula- tion (EEC) No 3814/92 (3, and in particular Articles 13 (2), 18 (5), 19 (4) and (7) and the second subparagraph of Article 39 thereof, , Having regard to Council Regulation (EEC) No 608/72 of 23 March 1972 laying down rules to be applied in the case of considerable price rises on the world sugar market (), and in particular Article 1 (1) thereof, Whereas, in conformity with Article 14 of Commission Regulation (EEC) No 3819/92 (%) the amounts of tenders submitted within the framework of an invitation to tender organized by virtue of a measure relating to the common agricultural policy will be expressed in ecus; whereas Article 2 (3) of Commission Regulation (EEC) No 2630/81 (%), as last amended by Regulation (EEC) No 1170/92 (%), provides that the amounts of the successful tenders shall be expressed in ecus on the licences and other documents certifying those amounts; whereas the value of the ecu shall be determined in accor- dance with Article 2 and 3 to Council Regulation (EEC) No 3813/92(); Whereas, in view of the situation on the Community and world sugar markets, a standing invitation to tender should be issued as soon as possible for the export of white sugar in respect of the 1993/94 marketing year - which, having regard to possible fluctuations in world prices for sugar, must provide for the determination of export levies and/or export refunds; Whereas the general rules governing invitations to tender for the purpose of determining export refunds for sugar were laid down in Council Regulation (EEC) No 766/68 of 18 June 1968 laying down general rules for granting () O No L 177, 1. 7. 1981, p. 4. () OJ No L 387, 31. 12. 1992, p. 7. () OJ No L 75, 28. 3..1972, p. 5. () OF No L 387, 31. 12. 1992, p. 17. () OJ No L 258, 11. 9. 1981, p. 16. ) O] No L 122, 7. 5. 1992, p. 27. () OJ No L 387, 31. 12. 1992, p. 1. export refunds on sugar (), as last amended by Regulation (EEC) No 1489/76 (°); Whereas, in view of the specific nature of the transactions involved, special detailed rules should be laid down in this Regulation, and those provided for in Commission Regulation (EEC) No 394/70 of 2 March 1970 on detailed rules for granting export refunds on sugar('%), as last amended by Regulation (EEC) No 1684/92 (*!), should not apply ; whereas, for the same reasons, appropriate provi- sions should be laid down with regard to export licences issued in connection with the standing invitation ‘to tender and there should be a derogation from Commis- sion Regulation (EEC) No 2630/81; whereas, however, the provisions of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences ancd advance fixing certificates for agricultural products ('), as last amended Regulation (EEC) No 2101/92 (%), and those of Commission Regula- tion (EEC) No 120/89 of 19 January 1989 laying down common detailed rules for the application of the export levies and charges on agricultural products (*4), should remain applicable ; ‘ Whereas "Atticle 8 (1) of Regulation (EEC) No 3819/92 provides that where agricultural conversion rates are fixed in advance, on application by the party concerned, on the terms referred to in the second subparagraph of Article 6 (1) of Regulation (EEC) No 3813/92, such application must be lodged at the same time as the submission of the tender as part of a tendering procedure; whereas, for reasons specific to the sugar market, when an operator _ intends to take up the option of an advance fixing of an agricultural conversion rate, his decision shall be made only when the application for the export certificate in question is lodged; whereas in practice he may only apply for advance fixing of the agricultural conversion rate in question after having been declared successful tenderer in respect of the levy or refund for the quantity of sugar indicated in his tender; whereas in the case of the present tendering procedure, a derogation must be made from the said provisions, leaving the tenderer the option of applying for advance fixing of the agricultural conversion rate at the time when the application for the export certificate in question is lodged ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, () OJ No L 143, 25. 6. 1968, p. 6. () OJ No L 167, 26. 6. 1976, p. 13. (% OJ No L 50, 4. 3. 1970, p. 1. (") OJ No L 176, 30. 6. 1992, p. 31. () OJ No L 331, 2."12. 1988, p. 1. () OJ No L 210, 25. 7. 1992, p. 18. () O] No L 16, 20. 1. 1989, p. 19.