3.5 94 Official Journal of the European Communities No L 112/13 COMMISSION REGULATION (EC) No 1021/94 of 29 April 1994 relating mainly 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 organization of the markets in the sugar sector ('), as last amended by Regula- tion (EC) No 133/94 (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 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 amended by Regulation (EC) No 547/94 (%), 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 of 10 September 1981, on special detailed rules for the applica- tion of the system of import and export licences for sugar (), as last amended by Regulation (EEC) No 1754/93 (), 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 amended by Regulation (EC) No 3528/93 (°); 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 1994/95 marketing year which, having regard to possible fluctuations in world () OJ No L 177, 1. 7. 1981, p. 4. () OJ No L 22, 27. 1. 1994, p. 7. () OJ No L 75, 28. 3. 1972, p. §. () OJ No L 108, 1. 5. 1993, p. 106. % OJ No L 69, 12. 3. 1994, p. 1. () OJ No L 258, 11. 9. 1981, p. 16. () OJ No L 161, 2. 7. 1993, p. 45. () OJ No L 387, 31. 12. 1992, p. 1. () OF No L 320, 22. 12. 1993, p. 32. 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 export refunds on sugar (%), as last amended by Regula- tion (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, whilst 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 and advance fixing certificates for agricultural products ('), as last amended by Regulation (EC) No 3519/93 (%), 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 ('), as amended by Regulation (EEC) No 1431/93 ("), should remain applicable ; Whereas Article 13 (1) of Commission 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 subpa- ragraph 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 proce- dure ; 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 deci- sion shall be made only when the application for the () OJ No L 143, 25. 6. 1968, p. 6. (") OJ No L 167, 26. 6. 1976, p. 13. (%) O] 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 320, 22. 12. 1993, p. 16. () OJ No L 16, 20. 1. 1989, p. 19. (") OJ No L 140, 11. 6. 1993, p. 27.