23.7.98 Official Journal of the European Communities L 206/7 COMMISSION REGULATION (EC) No 1574/98 of 22 July 1998 relating to 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 Community, Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organisation of the markets in the sugar sector ('), as last amended by Regula- tion (EC) No 1148/98 (3, and in particular Articles 13(2), 17(5) and (15), 20(3) and the second paragraph of Article 39 thereof, Whereas, in conformity with Article 20 of Commission Regulation (EEC) No 1068/93 of 30 April 1993 on detailed rules for determining and applying the agricul- tural conversion rates (*), as last amended by Regulation (EC) No 961/98 (%), the amounts of tenders submitted within the framework of an invitation to tender organised by virtue of a measure relating to the common agricul- tural policy will be expressed in ecus; whereas Article 3(3) of Commission Regulation (EC) No 1464/95 of 27 June 1995 on special detailed rules for the application of the system of import and export licences in the sugar sector (°), as last amended by Regulation (EC) No 1148/98, 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 accordance with Articles 2 and 3 of Council Regulation (EEC) No 3813/92 (), as last amended by Regulation (EC) No 150/95 (); 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 1998/99 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 established by Article 17a of Regulation (EEC) No 1785/81; Whereas, in view of the specific nature of the operation, appropriate provisions should be laid down with regard to export licences issued in connection with the standing ) 2 ?) ( 177, 1. 7. 1981, p. 4. ( ( v ) ( ( J L 7 L 159, 3. 6. 1998, p. 38. 7 L 108, 1. 5. 1993, p. 106. J L 135, 8. 5. 1998, p. § 5 J L 9 OJ L ) OJ L 144, 28. 6. 1995, p. 14. 387, 31. 12. 1992, p. 1. 22,731, 1. 1995, p. 1. invitation to tender and there should be a derogation from Regulation (EC) No 1464/95; 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 and advance fixing certificates for agricul- tural products (}), as last amended by Regulation (EC) No 1044/98 (°), and those of Commission Regulation (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 ('%), as last amended by Regulation (EC) No 2194/96 ("), should remain applic- able; Whereas Article 13(1) of Regulation (EEC) No 1068/93 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 standing invitation to tender for the 1997/98 marketing year established by Commission Regulation (EC) No 1408/97 (¥, remains open until a date to be determined subsequently; whereas that invitation should therefore be closed; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, () OJ L 331, 2. 12. 1988, p. 1. (¢) OJ L 149, 20. 5. 1998, p. 11. (") OJ L 16, 20. 1. 1989, p. 19. (") OJ L 293, 16. 11. 1996, p. 3. () OJ L 194, 23. 7. 1997, p. 16.