31973R2523

18 . 9 . 73 No L 261 / 11 Official Journal of the European Communities

REGULATION ( EEC) No 2523/ 73 OF THE COMMISSION

of 17 September 1973

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

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES ,

Article 1 Having regard to the Treaty establishing the European Economic Community ; 1 . Member States shall issue a standing invitation to tender for the supply of white sugar as food aid to Having regard to Council Regulation ( EEC) No UNRWA and, during the period of validity of the 1052/73 (') of 17 April 1973 on the supply of sugar to standing invitation, they shall issue partial invitations UNRWA as food aid pursuant to the Agreement with to tender . that agency dated 18 December 1972, and in parti­ cular Article 1 (3) thereof ; 2. The invitation to tender shall relate to the price of the total quantity of 6 062 metric tons of white Whereas the quantity of 150 metric tons of white sugar of Grade 1 as defined by Article 11 ( 1 ) of Regula­ sugar referred to in Article II paragraph 1 of the Agree­ tion ( EEC) No 1280/71 to be supplied cif to the Leba­ ment between the European Economic Community nese and Israeli ports of unloading referred to in and the United Nations Relief and Works Agency for Article 9 . Palestine Refugees in the Near East (2) concerning assistance to refugees from the countries of the Middle 3 . No refund shall be granted in respect of the East has been changed into 62 metric tons of white export of the quantity referred to in paragraph 2. sugar following an exchange of letters pursuant to the Council Decision of 16 July 1973 ; whereas Article 1 Article 2 of Regulation (EEC) No 1052/73 provides that 6 062 metric tons of white sugar produced and in free circu­ The standing invitation to tender, that is the first lation in the Community be placed at the disposal of partial invitation and all of the possibly following the United Nations Relief and Works Agency for partial invitations, shall be organized in accordance Palestine Refugees ( UNRWA) as food aid for the sugar with the following provisions . marketing year 1973 / 74 ; whereas, in view of its desti­ nation , this white sugar must be Grade 1 sugar as Article 3 defined by Regulation (EEC) No 1280/71 (3), of the Commission of 18 June 1971 laying down detailed The standing invitation to tender shall remain valid rules for the buying-in of sugar by intervention agen­ until a date to be determined at a later stage. cies, as amended by Regulation ( EEC) No 2417/71 (4 ) ;

Whereas Article 2 of Regulation ( EEC) No 1052/73 Article 4 provides in particular that the Community shall finance the cif value of the sugar ; 1 . The period for the submission of tenders in response to the first partial invitation shall : Whereas since the contract for the mobilization of the (a) begin at 10 a.m . on 19 September 1973 , goods cif to the port of unloading is to be awarded under a tendering procedure', it would seem desirable (b) expire at 10 a.m . on 26 September 1973 . to apply, in an appropriate form , the detailed rules 2 . The periods for the submission of tenders in governing sales by tender after intervention or for response to the second and subsequent partial invita­ export within the framework of the common organiza­ tions shall : tion of the market in sugar ; (a) begin on the first working day following the end Whereas, for the avoidance of doubt, it should be of the previous period , and specified that the system of monetary compensatory (b) expire at 10 a.m . on the Wednesday of the amounts for export to third countries because of their following week . nature does not apply to this invitation to tender ; 3 . During the period in which Summer Time Whereas the measures provided for in this Regulation applies in Italy, the time limits laid down in this are in accordance with the Opinion of the Manage­ Article shall be understood in that Member State to be ment Committee for Sugar ; extended by one hour . For the period during which Summer Time does not apply in the United Kingdom (') OJ No L 105 , 20 . 4 . 1973 , p . 1 . and in Ireland , the time limits established above shall (2 ) OJ No L 304, 31 . 12 . 1972, p . 24 . (3 ) O ) No L 133 , 19 . 6 . 1971 , p . 34 . be regarded in those Member States as brought (4) OJ No L 250 , 11 . 1 1 . 1971 , p. 30 . forward by one hour.

No L 261 / 12 18 . 9 . 73 Official Journal of the European Communities

Article 5 ment complying with criteria laid down by the Member State in which the tender is submitted . 1 . The Member States shall draw up an invitation to, tender. The invitation to tender shall be published 3 . Except in cases of force majeure, the deposit in the Official Journal of the European Communi­ shall only be released if : ties. Member States may also publish the invitation to tender or have it published elsewhere. (a) the succesful tenderer supplies the sugar in accor­ dance with the provisions hereof ; 2. The standing invitation to tender shall be or published only for the purpose of issuing it. The invi­ tation as published may be amended during the (b) the tender is not accepted. period of validity of the standing invitation . It shall be amended if the terms of the invitation to tender are In cases of force majeure the competent body shall determine the measures necessary in view of the amended during that period of validity. circumstances invoked by the tenderer.1 3 . The invitation shall indicate in particular : 4. In the case of paragraph 3 (a) the deposit shall be (a) the name and address of the competent body released when payment is made under Article 10 ( 1 ); issuing the invitation to tender ; in the case of paragraph 3 (b) the deposit shall be (b) the terms of the invitation to tender ; released immediately. (c) the time limit for the submission of tenders.

Article 8 Article 6 1 . Tenders shall be examined in private session by 1 . Tenderers shall either deliver written tenders to the competent body. Persons present at the examina­ the competent body against a receipt, or address tion shall be sworn to secrecy. tenders to the competent body by registered letter, telex or telegram . 2. The Commission shall be informed without

Tenders shall be submitted in the Member State from delay of the tenders submitted.

which export is to be effected .

Article9¶

(a) the invitation to which the tender relates ; 1 . The price relates to the delivery cif on quay of 3 650 metric tons to Beirut and 2 412 metric tons to (b) the name and address of the tenderer ; Ashdod . (c) the price proposed, in the currency of the Member State of the competent body to which the tender is 2. The sugar shall be supplied in new jute sacks of submitted . a minimum weight of 450 g lined with a polyethylene 3. A tender shall be valid only if : bag and with a net weight of 50 kg.

(a) it relates to a price for the total quantity of 6 062 The following shall be printed on the outside of the metric tons of Grade 1 white sugar ; sacks : 'White Sugar — Gift of the European Commu­ (b) proof is furnished before the period for the submis­ nity'. sion of tenders expires that the deposit required by the invitation to tender has been lodged ; 3 . The sugar must have been produced and put in free circulation in the Community. (c) it includes a declaration by the tenderer that he will , if awarded the contract, supply the sugar in 4. If the contract has been awarded at the first accordance with the provisions of this Regulation . partial invitation to tender, the sugar shall be deliv­ 4 . A tender which is not submitted in accordance ered cif on quay at the latest on 17 November 1973 . If with the provisions of this Article , or which contains subsequent partial invitations to tender are necessary, terms other than those indicated in the invitation to the date of delivery shall be postponed for a period tender, shall not be taken into consideration . equal to that between the first partial invitation to tender and the partial invitation in question . 5. Once a tender has been submitted it may not be withdrawn . 5. The taking of samples and analysis of the goods shall be effected by experts recognized by the , compe­ tent authorities of the Member State concerned. All Article 7 the costs of weighing, taking samples and quality 1 . The deposit required by the invitation to tender control upon loading shall be paid by the Member shall be 60 620 units of account . State concerned . That Member State shall obtain from the successful tenderer a lump sum refund for the 2. The tenderer may lodge the deposit either in costs referred to above (6 000 units of account), a sum cash or in the form of a guarantee by an establish which must therefore be quoted in the tender.

-18 . 9 . 73 Official Journal of the European Communities No L 261 / 13

Article 10 2. Rights and obligations arising from awards shall not be transferable . 1 . The Member State concerned shall pay the successful tenderer subject to any adjustment neces­ Article 14 sary under Article 15 (2) the price quoted in this tender pro rata for the quantity actually supplied, 1 . The competent bodies shall immediately notify reduced by the sum of 6 000 units of account referred all tenderers of the outcome of their participation in to in Article 9 (5). Such quantity shall be the quantity the tendering procedure. The body concerned shall notified to the Commission by UNRWA ; the also send a statement of award to the successful Commission shall inform the Member State tenderer. concerned of this quantity immediately.

2 . Statements of award shall indicate at least : 2. The system of monetary compensatory amounts for export to third countries shall not apply in this (a) the invitation to which the tender relates ; case . (b) the price accepted . 3 . The accessional compensatory amounts for export to third countries shall be applied . Article 15

Article 11 1 . The competent body of the Member State from whose territory the sugar concerned is to be exported The maximum price for supplying the sugar shall be shall verify whether the conditions relating to the fixed , after examination of the tenders, in accordance supply of the sugar have been fulfilled. with the procedure laid down in Article 40 of Regula­ tion No 1009/67/ EEC ('), as last amended by Regula­ The successful tenderer shall be responsible for all tion (EEC) No 1 928 /73 (2 ). operations relating to the invitation to tender issued pursuant to this Regulation, in particular to communi­ However, a decision may be taken to make no award . cate to the competent body of the Member State in Article 12 question the information provided for in Articles 2 and 3 of Annex II to the Agreement between the EEC 1 . Except where a decision is taken to make no and UNRWA. The Member State in question shall award in respect of a partial invitation to tender, and communicate this information immediately to the without prejudice to the provisions of paragraph 2, the Commission . award shall be made to the tenderer whose bid is converted into units of account, the lowest . 2. Without prejudice to Article 7 (3), the amount of the price accepted shall be reduced by : 2. If several tenderers propose the same price and that price is accepted, the successful tenderer shall be (a) 1 unit of account per 100 kg of sugar, if the sugar chosen by drawing lots . is Grade 2 sugar ;

(b) 010 unit of account per 100 kg of sugar and per Article 13 day if the sugar is supplied after the date referred 1 . An award shall : to in Article 9 paragraph 4, except if the delay is due to a case of force majeure recognized by the (a) confer the right to the issue, in respect of the quan­ competent body. tity concerned, of an export licence indicating that the system of monetary compensatory amounts for 3 . If the sugar is of a grade lower than that speci­ export to third countries does not apply in this fied in paragraph 2 (a) it shall be rejected with no case and bearing the words : ' for export without compensation to the tenderer. refund ' ; (b) entail the obligation to apply for such a licence in Article 16 respect of Grade 1 sugar and to supply such sugar in accordance with the terms of the invitation to This Regulation shall enter into force on 18 tender . September 1973 .

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

Done at Brussels , 1 7 September 1 973 . For the Commission

The President

François-Xavier ORTOLI

(') 0 | No 308 , IX . 12 . 1967 , p . I. (-') O) No L 199 , 19 . 7 . 1 97.?, p . 7 .