OpenLegislation

Article 4

United Kingdom

Original text. Later amendments are not shown.

1.

Tenders in connection with this tendering procedure shall be addressed to the competent authority in a Member State by fax or electronic mail provided the competent agency accepts these forms of transmission.

The competent authorities of the Member State may require that electronic tenders be accompanied by an advance electronic signature within the meaning of Directive 1999/93/EC of the European Parliament and of the Councilf1.

2.

Tenders shall be valid only if the following conditions are met:

(a)

Tenders shall indicate:

  1. (i)

    the procedure to which the tender relates (No 1/2007) and the partial invitation;

  2. (ii)

    the name, address and VAT number of the tenderer;

  3. (iii)

    the quantity of white sugar to be exported;

  4. (iv)

    the amount of the export refund, per 100 kilograms of white sugar, expressed in euro to three decimal places;

  5. (v)

    the amount of the security to be lodged in accordance with Article 5(1) covering the quantity of sugar indicated in (iii), expressed in the currency of the Member State in which the tender is submitted;

(b)

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;

(c)

the quantity to be exported is not less than 250 tonnes of white sugar;

(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 11(2), apply for an export licence or licences in respect of the quantities of white sugar to be exported;

(e)

tenders include a declaration by the tenderer that the product for exports is white sugar of fair, sound and marketable quality, falling within CN code 1701 99 10;

(f)

tenders include a declaration by the tenderer that if their tender is successful they will:

  1. (i)

    where the obligation to export resulting from the export licence referred to in Article 11(2) is not fulfilled, supplement the security by the payment of the amount referred to in Article 12(3);

  2. (ii)

    within 30 days following the expiry of the export licence in question, notify the agency which issued the licence of the quantity or quantities in respect of which the licence was not used.

3.

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.

4.

Once submitted, a tender may not be withdrawn.

5.

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:

(a)

the maximum export refund is fixed on the day of the expiry of the period for the submission of the tenders in question;

(b)

the tender, if successful, relates to all or a specified part of the tendered quantity.

Annotations

Footnotes

f1

OJ L 13, 19.1.2000, p. 12.