{
  "url": "https://openlegislation.uk/eu-regulation-2004-1327/article-5",
  "json_url": "https://openlegislation.uk/eu-regulation-2004-1327/article-5.json",
  "legislation": "eur/2004/1327",
  "legislation_title": "Commission Regulation (EC) No 1327/2004 of 19 July 2004 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar for the 2004/2005 marketing year",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2004-1327",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": null,
  "text": "1. Tenders in connection with this tendering procedure:\n(a) must be in writing and must be delivered by hand to the competent authority in a Member State, against a receipt; or\n(b) must be addressed to that authority either by registered letter or telegram;\n(c) must be addressed to that authority by telex, fax or electronic mail, where the authority accepts such forms of communication.\n2. Tenders shall be valid only if the following conditions are met:\n(a) tenders shall contain:\n(i) the procedure to which the tender relates;\n(ii) the name and address of the tenderer;\n(iii) the quantity of white sugar to be exported;\n(iv) the amount of the export levy or, where applicable, of the export refund, per 100 kilograms of white sugar, expressed in euro to three decimal places;\n(v) the amount of the security to be lodged covering the quantity of sugar indicated in (iii), expressed in the currency of the Member State in which the tender is submitted.\n(b) the quantity to be exported is not less than 250 tonnes of white sugar;\n(c) proof is furnished before expiry of the time limit for the submission of tenders that the tenderer has lodged the security indicated in the tender;\n(d) tenders include a declaration by the tenderer that if their tender is successful they will, within the period laid down in the second subparagraph of Article 12(2), apply for an export licence or licences in respect of the quantities of white sugar to be exported;\n(e) tenders include a declaration by the tenderer that if their tender is successful they will:\n(i) where the obligation to export resulting from the export licence referred to in Article 12(2) is not fulfilled, supplement the security by payment of the amount referred to in Article 13(4);\n(ii) within 30 days following the expiry of the export licence in question, notify the authority which issued the licence of the quantity or quantities in respect of which the licence was not used.\n3. A tender may stipulate that it is to be regarded as having been submitted only if one or both of the following conditions is/are met:\n(a) the minimum export levy or, where applicable, the maximum export refund is fixed on the day of the expiry of the period for the submission of the tenders in question;\n(b) the tender, if successful, relates to all or a specified part of the tendered quantity.\n4. A tender which is not submitted in accordance with paragraphs 1 and 2, or which contains conditions other than those indicated in the present invitation to tender, shall not be considered.\n5. Once submitted, a tender may not be withdrawn.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2004/1327/article/5",
    "retrieved_at": "2026-11-01T14:55:23.111391+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}