31973R1243

No L 128/ 12 Official Journal of the European Communities 15 . 5 . 73

REGULATION (EEC) No 1243/73 OF THE COMMISSION

of 14 May 1973

on a standing invitation to tender for the mobilization of white sugar as food aid for UNRWA

THE COMMISSION OF THE EUROPEAN to UNRWA and, during the period of validity of COMMUNITIES, the standing invitation, they shall issue partial invita­ tions to tender. Having regard to the Treaty establishing the Euro­ pean Economic Community ; 2 . The invitation to tender shall relate to the price of the total quantity of 2 150 metric tons of Having regard to Council Regulation (EEC) No white sugar of Grade 1 as defined by Article 11 ( 1 ) 1052/73 (*) of 17 April 1973 on the supply of sugar of Regulation (EEC) No 1280/71 to be supplied cif to UNRWA as food aid pursuant to the Agreement ' to the Lebanese and Israeli ports of unloading with that agency dated 18 December 1972, and in referred to in Article 9 . particular Article (3 ) thereof, 3 . No refund shall be granted in respect of the Whereas Article 1 of Regulation (EEC) No 1052/73 export of the quantity referred to in paragraph 2. provides that 2 150 metric tons of white sugar produced and in free circulation in the Community Article 2 be placed at the disposal of the United Nations Relief and Works Agency for Palestine Refugees The standing invitation to tender, that is the first (UNRWA) as food aid for the sugar marketing year partial invitation and all of the possibly following 1972/73 ; whereas, in view of its destination, this partial invitations, shall be organized in accordance white sugar must be Grade 1 sugar as defined by with the following provisions. Regulation (EEC) No 1280/71 (2) of the Commis­ sion of 18 June 1971 laying down detailed rules for Article 3 the buying-in of sugar by intervention agencies, as The standing invitation to tender shall remain valid amended by Regulation (EEC) No 2417/71 (8) ; until a date to be determined at a later stage. Whereas Article 2 of Regulation (EEC) No 1052/73 provides in particular that the Community shall Article 4 finance the cif value of the sugar ; 1 . The period for the submission of tenders in Whereas since the contract for the mobilization of response to the first partial invitation shall : the goods cif to the port of unloading is to be ( a) begin at 10 a.m . on 17 May 1973 , awarded under a tendering procedure, it would ( b ) expire at 10 a.m . on 23 May 1973 . seem desirable to apply, in an appropriate form, the detailed rules governing sales by tender after inter­ 2. The periods for the submission of tenders in vention or for export within the framework of the response to the second and subsequent partial invita­ common organization of the market in sugar ; tions shall : Whereas, for the avoidance of doubt, it should be ( a) begin on the first working day following the specified that the system of monetary compensatory end of the previous period, and amounts for export to third countries because of ( b) expire at 10 a.m . on the Wednesday of the their nature does not apply to this invitation to following week. tender ;

3 . During the period in which Summer Time Whereas the measures provided for in this Regula­ applies in Italy , the time limits laid down in this tion are in accordance with the Opinion of the Article shall be understood in that Member State to Management Committee for Sugar ; be extended by one hour .

HAS ADOPTED THIS REGULATION : Article 5

Article 1 1 . The Member States shall draw up an invita­ tion to tender . The invitation to tender shall be 1 . Member States shall issue a standing invitation published in the Official Journal of the European to tender for the supply of white sugar as food aid Communities. Member States may also publish the invitation to tender or have it published elsewhere. ( 1 ) OJ No L 105 , 20. 4. 1973 , p . 1 . (2) OJ No L 133 , 19 . 6. 1971 , p . 34 . 2. The standing invitation to tender shall be (s) OJ No L 250, 11 . 11 . 1971 , p . 30. published only for the purpose of issuing it. The invi

15 . 5 . 73 Official Journal of the European Communities No L 128/ 13

tation as published may be amended during the (b) the tender is- not accepted. period of validity of the standing invitation. It shall be In cases of force majeure the competent body shall amended if the terms of the invitation to tender are determine the measures necessary in view of the amended during that period of validity. circumstances invoked by the tenderer.

3 . The invitation shall indicate in particular : 4. In the case of paragraph 3(a) the deposit shall ( a) the name and address of the competent body be released when payment is made under Article 10 issuing the invitation to tender ; ( 1 ) ; in the case of paragraph 3 (b) the deposit shall be released immediately. (b) the terms of the invitation to tender ;

( c) the time limit for the submission of tenders . Article 8

Article 6 1 . Tenders shall be examined in private session by the competent body. Persons present at the exam­ 1 . Tenderers shall either deliver written tenders to ination shall be sworn to secrecy. the competent body against a receipt, or address tenders to the competent body by registered letter, 2. The Commission shall be informed without telex or telegram . delay of the tenders submitted. Tenders shall be submitted in the Member State from Article 9 which export is to be effected.

2 . Tenders shall indicate : 1 . The price relates to the delivery cif on quay of I 350 metric tons to Beirut and 800 metric tons to (a) the invitation to which the tender relates ; Ashdod. (b ) the name and address of the tenderer ; 2. The sugar shall be supplied in new jute sacks (c) the price proposed, in the currency of the of a minimum weight of 450 g lined with a poly­ Member State of the competent body to which ethylene bag and with a net weight of 50 kg. the tender is submitted .

The following shall be printed on the outside of the 3 . A tender shall be valid only if : sacks : 'White Sugar — Gift of the European ( a) it relates to a price for the total quantity of Community'. 2 150 tons of Grade 1 white sugar ; 3 . The sugar must have been produced and put (b) proof is furnished before the period for the in free circulation in the Community, except that submission of tenders expires that the deposit sugar in free circulation in the United Kingdom can required by the invitation to tender has been not be exported under the terms of this regulation . lodged ;

(c) it includes a declaration by the tenderer that he 4. The sugar shall be supplied cif on quay before will, if awarded the contract, supply the sugar in II July 1973 . accordance with the provisions of this Regula­ tion . 5 . The taking of samples and analysis of the goods shall be effected by experts recognized by the 4. A tender which is not submitted in accordance competent authorities of the Member State with the provisions of this Article, or which concerned. All the costs of weighing, taking samples contains terms other than those indicated in the invi­ and quality control upon loading shall be paid by tation to tender, shall not be taken into considera­ the Member State concerned . That Member State tion . shall obtain from the successful tenderer a lump sum refund for the costs referred to above (2 500 5 . Once a tender has been submitted it may not units of account), a sum which must therefore be be withdrawn . quoted in the tender.

Article 7 Article 10 1 . The deposit required by the invitation to 1 . The Member State concerned shall pay the tender shall be 21 500 units of account. succesful tenderer subject to any adjustment neces­ sary under Article 15 (2) the price quoted in this 2. The tenderer may lodge the deposit either in cash or in the form of a guarantee by an establish­ tender pro rata for the quantity actually supplied, reduced by the sum of 2 500 units of account ment complying with criteria laid down by the Member State in which the tender is submitted . refered to in Article 9 (5 ). Such quantity shall be the quantity notified to the Commission by UNRWA ; 3 . Except in cases of force majeure, the deposit the Commission shall inform the Member State shall only be released if : concerned of this quantity immediately.

( a) the succesful tenderer supplies the sugar in 2. The system of monetary compensatory accordance with the provisions hereof ; amounts for export to third countries shall not or apply in this case .

No L 128/ 14 Official Journal of the European Communities 15 . 5 . 73

3 . The accessional compensatory amounts for the tendering procedure. The body concerned shall export to third countries shall be applied. also send a statement of award to the successful tenderer. Article 1 1 2 . Statements of award shall indicate at least : The maximum price for supplying the sugar shall be fixed, after examination of the tenders, in accord­ ( a ) the invitation to which the tender relates ; ance with the procedure laid down in Article 40 of Regulation No 1009/67/EEC ( 1), as last amended by ( b) the price accepted. Regulation (EEC) No 1014/73 (2).

However, a decision may be taken to make no Article 15 award.

Article 12 1 . The competent body of the Member State from whose territory the sugar concerned is to be 1 . Except where a decision is taken to make no exported shall verify whether the conditions relating award in respect of a partial invitation to tender, to the supply of the sugar have been fulfilled. and without prejudice to the provisions of para­ graph 2, the award shall be made to the tenderer The successful tenderer shall be responsible for all whose bid is converted into units of account, the operations relating to the invitation to tender issued lowest. pursuant to this Regulation, in particular the notifi­ cation of the information provided for in Articles 2 2. If several tenderers propose the same price and and 3 of the Annex to the Agreement the EEC and that price is accepted, the successful tenderer shall UNRWA (3 ). This information shall be communi­ be chosen by drawing lots. cated simultaneously to the Commission .

Article 13 2. Without prejudice to Article 7 (3 ), the amount 1 . An award shall : of the price accepted shall be reduced by : ( a) confer the right to the issue, in respect of the ( a) 1-00 unit of account per 100 kg of sugar, if the quantity concerned, of an export licence indi­ sugar is Grade 2 sugar ; cating that the system of monetary compensa­ tory amounts for export to third countries does ( b) 010 unit of account per 100 kg of sugar and per not apply in this case and bearing the words : day if the sugar is supplied after 11 July 1973 , 'for export without refund' ; except if the delay is due to a case of force (b) entail the obligation to apply for such a licence majeure recognized by the competent body. in respect of Grade 1 sugar and to supply such sugar in accordance with the terms of the invita­ 3 . If the sugar is of a grade lower than that speci­ tion to tender. fied in paragraph 2 ( a) it shall be rejected with no compensation to the tenderer. 2. Rights and obligations arising from awards shall not be transferable .

Article16¶

1. The competent bodies shall immediately notify This Regulation shall enter into force on 15 May all tenderers of the outcome of their participation in 1973 .

This Regulation is binding in its entirety and directly applicable in all Member States .

Done at Brussels , 14 May 1973 .

For the Commission

The President

François-Xavier ORTOLI

(») OJ No 308 , 18 . 12 . 1967, p . 1 . («) OJ No L 106, 20 . 4 . 1973, p . 1 . r ) OJ No L 304 , 31 . 12 . 1972 , p. 24 .