31972R1560

Official Journal of the European Communities 49

21.7.72 Official Journal of the European Communities No L 165 /35

REGULATION (EEC) No 1560/72 OF THE COMMISSION of 20 July 1972 on a standing invitation to tender for the mobilization of white sugar to be supplied to UNRWA as food aid

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regu­ COMMUNITIES , lation are in accordance with the Opinion of the Management Committee for Sugar, Having regard to the Treaty establishing the Euro­ pean Economic Community; HAS ADOPTED THIS REGULATION :

Having regard to Council Regulation (EEC) No Article 1 1475/721 of 10 July 1972 on the supply of sugar as 1 . Member States shall issue a standing invitation food aid to UNRWA, and in particular Article 1 (3) to tender for the supply of white sugar as food aid thereof; to UNRWA and, during the period of validity of the standing invitation, they shall invite partial tenders. Whereas Article 1 of Regulation (EEC) No 1475/72 provides for 4 000 metric tons of white sugar pro­ 2. The invitation to tender shall relate to the price duced and put into free circulation within the Com­ for 4 000 metric tons of Grade I white sugar as munity to be made available as food aid to the defined in Article 11 ( 1 ) of Regulation (EEC) No United Nations Relief and Works Agency for Pale­ 1280/71 to be supplied cif to the ports of unloading stine refugees (UNRWA); whereas the^upply arrange­ in Lebanon or Israel specified in Article 9. ments must conform with the agreement to be con­ cluded on this matter between the EEC and UNRWA; 3. There shall be no export refund on the quantity whereas, in view of its destination, this sugar should specified in paragraph 2. be of Grade I quality as defined by Commission Regulation (EEC) No 1280/7 12 laying down detailed Article 2 rules for the buying-in of sugar by intervention agen­ cies, as last amended by Regulation (EEC) No The standing invitation to tender and the partial 2417/7 1 3; tendering shall take place in accordance with the following provisions. Whereas Article 2 of Regulation (EEC) No 1475/72 provides in particular that the Community shall pay Article 3 the value of the sugar cif and , exceptionally the cost of delivery to the destination and the distribution The standing invitation to tender shall remain open costs ; until a date to be determined later.

Whereas, since the mobilization of the goods cif port Article 4 of unloading is effected by means of a tendering procedure the rules applicable to tendering for inter­ 1 . The period during which the first round of partial vention sales or for exports should be applied as tenders may be submitted : appropriate under the common organization of the (a) shall begin at 9.30 a.m. on 26 July 1972; market in sugar; (b) shall end at 9.30 a.m. on 2 August 1972. Whereas , for the avoidance of doubt, it should be 2. The period during which the second and subse­ made clear that the system of compensatory amounts quent rounds of partial tenders may be submitted: for exports to third countries does not apply to the present invitation to tender; (a) shall begin on the first working day following the end of the previous period, and 1 OI No L 157, 31.7.1972, p. 3 . 1 O } No L 133 , 19.6.1971 , p. 34. (b) shall end at 9.30 ajm. on the Wednesday of the J OJ No L 250 11.11.1971 , p. 30. following week.

50 Official Journal of the European Communities

3. The times laid down in this Article shall be one Article 7 hour later in Italy. 1 . The security required for the tender shall be 40 000 units of account . Article 5 1 . Member States shall draw up an invitation to 2. The tenderer may provide the security either in tender. This invitation shall be published in the cash or in the form of a guarantee by an establish­ Official Journal of the European Communities. Mem­ ment complying with criteria laid down by the Mem­ ber States may also publish the invitation to tender, ber State in which the tender is made. or have it published; elsewhere. 3 . Except in cases of force majeure, the security 2. The standing invitation to tender shall be pub­ shall only be released if: lished only for the purpose of opening it. The invi­ (a) the successful tenderer has delivered the sugar tation may be amended during its period of validity. in accordance with the terms stipulated; It shall be amended if the terms of the invitation to (b) the tender is not successful . tender are changed during that period of validity.

3 . The invitation to tender shall indicate : The security shall be released immediately. In the cases of force majeure, the competent authority in (a) the name and address of the competent body question shall determine what measures are necessary responsible for the invitation to tender; in the light of the circumstances invoked by the ten­ (b) the terms of the invitation to tender; derer . (c) the period within which tenders must be sup­ Article 8 mitted . 1 . Tenders shall be examined in private session by Article 6 by the competent authority concerned. Persons 1 . Tenderers shall either hand in the tender in present at the examination shall be sworn to secrecy. writing, against a receipt, to the competent authority, 2 . Tenders shall be notified to the Commission or address the tender to that authority by registered immediately. letter, telex or telegram.

Article 9 The tender must be submitted in the Member State from which the goods are to be exported. 1 . The price shall cover cif alongside ship in respect of 2 400 metric tons at Beirut and 1 600 metric tons 2 . The tender shall indicate : at Ashdod . (a) the reference number of the invitation to which the tender relates ; 2 . The sugar shall be delivered in new jute sacks of a net capacity of 50 kilogrammes, with or without (b) the name and address of the tenderer; polythene lining bag as the tenderer prefers. (c) the price offered, expressed in the currency of the Member State to whose competent authority The following shall be printed on the sacks : the tender is submitted . 'White sugar - Gift of the European Community/ 3 . A tender shall be valid only if: 3 . The sugar must have been produced and put into (a) it relates to the price for 4 00 metric tons of free circulation in the Community. Grade I white sugar; (b) proof is furnished before the time limit for the 4 . The sugar shall be delivered cif alongside ship submission of tenders expires that the tenderer before 15 September 1972 . has provided the security required for the tender; (c) it includes a declaration by the tenderer that, if 5 . The costs of weighing and checking at the port his tender is successful, he will deliver the sugar of loading shall be included in the tender. under the conditions laid down in this Regu­ lation . Article 10 4 . A tender which is not submitted in accordance 1 . The Member State concerned shall pay the suc­ cessful tenderer the price indicated in his tender with the provisions of this Article, or which contains terms other than those indicated in the invitation to once he has made delivery and within 60 days at tender, shall not be taken into consideration. most following that delivery.

5 . Once a tender has been submitted it may not be 2 . The compensatory amount payable on exports to withdrawn . third countries shall not apply.

Official Journal of the European Communities 51

Article 11 authority concerned shall also send a statement of the award to the successful tenderer. The maximum price for the delivery shall be fixed after the tenders have been examined , in accordance 2 . The statement of award shall- include mention of : with the procedure laid down in Article 40 of Regu­ lation No 1009/671, (a) the reference number of the invitation to tender; (b) the price which has been accepted . However, a decision may be taken to withdraw the invitation to tender. Article 15 1 . The competent authority of the Member State Article 12 from whose territory the sugar in question is shipped , 1 . Except where a decision is taken to withdraw the shall check whether the terms governing delivery are invitation for a partial tender and without prejudice fulfilled . to the provisions of paragraph 2, the award shall be made to the lowest tender. 2 . Notwithstanding the provisions of Article 7 (3), • the price which has been accepted shall be reduced 2 . When several tenders are made at the same price by : and that price is chosen by the competent authority (a) 100 u.a. per 100 kilogrammes of sugar, if the concerned, the award shall be made by balloting. sugar is of Grade II quality; (b) 010 u.a. per 100 kilogrammes of sugar per day Article 13 if the sugar is delivered after 15 September 1 . An award shall : 1972, unless the delay is due to a case of force majeure recognized by the competent authority. (a) confer the right to the issue, in respect of the quantity in question, of an export licence indi­ 3 . If the sugar is of a grade lower than that indi­ cating that the compensatory amounts for exports cated in paragraph 2 (a) it shall be refused. to third countries do not apply and bearing the words : 'for export without refund'; Article 16 (b) entail the obligation to apply for an export This Regulation shall enter into force on 21 July 1972. licence for Grade I sugar and to deliver that sugar according to the terms indicated in the This Regulation shall be binding in its entirety and invitation to tender . directly applicable in all Member States.

2 . Rights and obligations arising from the award of the tender shall not be transferable . Done at Brussels, 20 July 1972.

Article 14 For the Commission The President 1 . The competent authorities shall immediately notify all tenderers of the result of their tenders. The S. L. MANSHOLT

1 OJ No 308, 18.12.1967, p . 1 .