31974R1973

27 . 7 . 74 Official Journal of the European Communities No L 206/ 23

REGULATION ( EEC) No 1973 / 74 OF THE COMMISSION of 26 July 1974 on an invitation to tender for the mobilization of white sugar as food aid for UNRWA

THE COMMISSION OF THE EUROPEAN rules governing tenders within the framework of the COMMUNITIES , common organization of the market in sugar ;

Having regard to the Treaty establishing the European Whereas, it should be specified that the system of Economic Community ; monetary compensatory amounts for export to third countries and the export levy do not apply to this invi­ tation to tender ; Having regard to Council Regulation (EEC) No 1052/ 73 (') of 17 April 1973 on the supply of sugar to Whereas the measures provided for in this Regulation UNRWA as food aid pursuant to the Agreement with are in accordance with the Opinion of the Manage­ that agency dated 18 December 1972, and in parti­ ment Committee for Sugar, cular Article 1 ( 3 ) thereof ;

HAS ADOPTED THIS REGULATION : Whereas the quantity of 150 metric tons of white sugar referred to in Article II paragraph 1 of the Agree­ ment (2 ) between the European Economic Community Article 1 and the United Nations Relief and Works Agency for Palestine Refugees in the Near East, hereinafter called the 'Agreement', concerning assistance to refugees 1 . The Member States shall issue an invitation to from the countries of the Middle East has been tender for the supply of a total quantity of 1 000 tons changed into 94 metric tons of white sugar following of white sugar as food aid to UNRWA. This quantity an exchange of letters pursuant to the Council Deci­ is made up in two lots A and B. sion of 22 July 1974 ; whereas Article 1 of Regulation ( EEC) No 1052/ 73 provides consequently that 6 094 2. The invitation to tender shall relate to the price metric tons of white sugar produced and in free circu­ of each one of lots A and B of the relevant quality to lation in the Community be placed at the disposal of be supplied cif on quay to the port of unloading and the United Nations Relief and Works Agency for made up as indicated in the Annex . The sugar shall as Palestine Refugees (UNRWA) as food aid for the sugar a rule be of Grade 1 or Grade 2 as defined respectively marketing year 1974/ 75 ; whereas however in consider­ by Article 11 ( 1 ) of Regulation ( EEC) No 1280 /71 and ation of the urgent requirements of UNRWA and of by Regulation ( EEC) No 793 / 72 . the supply situation in the Community it's desirable at first to mobilize only 1 000 tons divided in two lots 3 . No levy shall be apply in respect of the export of of 500 tons ; whereas , in view of its destination , this the quantity referred to in paragraph 1 . white sugar must be Grade 1 sugar or Grade 2 sugar as defined respectively by Commission Regulation ( EEC) No 1280/71 (3 ) of 18 June 1971 laying down detailed rules for the buying-in of sugar by intervention agen­ Article 2 cies, as amended by Regulation ( EEC) No 2733 /73 (4) and by Council Regulation ( EEC) No 793 / 72 (5 ) of 17 The invitation to tender shall be organized in accor­ April 1972 fixing the standard quality of white sugar ; dance with the Regulation ( EEC) No 1052 / 73 and with the following provisions . Whereas Article 2 of Regulation (EEC) No 1052/73 provides in particular that the Community shall finance the cif-value of the sugar ; Article 3

Whereas for the mobilization of the goods is to be 1 . The period for the submission of tenders in awarded under a tendering procedure, it would seem response to the invitation shall begin at 10 a.m . on 31 desirable to apply, in an appropriate form , the detailed July 1974 and expire at 10 a.m . on 7 August 1974 .

( i ) OJ No L 105, 20 . 4 . 1973 , p. 1 . 2 . During the period in which Summer Time (*) OJ No L 304, 31 . 12. 1972, p. 24. applies in Italy, the time limits laid down in this (3) OJ No L 133 , 19 . 6. 1971 , p. 34 . (4) OJ No L 282, 9 . 10 . 1973 , p. 8 . Article shall be understood in that Member State to be (5) 0 [ No L 94, 21 . 4 . 1972, p. 1 . extended by one hour.

No L 206/24 Official Journal of the European Communities 27 . 7 . 74

A rticlc 4 (b) the tender is not accepted .

1 . The Member States shall draw up a notice of invi­ In cases of force majeure the competent body shall tation to tender. This notice shall be published in the determine the measures necessary in view of the Official Journal of the European Communities. circumstances invoked by the tenderer. Member States may also publish the notice or have it published elsewhere . 4. In the case of paragraph 3 (a) the deposit shall be released when payment is made under Article 9 ( 1 ); 2 . The notice shall indicate in particular the terms in the case of paragraph 3 (b) the deposit shall be of the invitation to tender . released immediately .

Article5¶

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

2 . Tenders shall indicate : Article 8 (a) the invitation to which the tender relates ; 1 . The price relates to the delivery cif on quay of (b) the name and address of the tenderer ; each one of the lots to the port indicated in the (c) the price proposed for the lot and the quality in Annex . question in the currency of the Member State of 2 . The sugar shall be supplied in new jute sacks of the competent body to which the tender is submitted . a minimum weight of 450 g lined with a polyethylene bag and with a net weight of 50 kg. 3 . A tender shall be valid only if : The following shall be printed on the outside of the (a) it relates to a price referred to in Article 1 (2) ; 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 3 . The sugar in question must have been produced the invitation to tender has been lodged ; 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 . The sugar shall be delivered cif on quay at the accordance with the provisions of this Regulation . latest on the date and to the ports indicated in the Annex . 4 . A tender which is not submitted in accordance with the provisions of this Article , or which contains 5 . The taking of samples and analysis of the goods terms other than those indicated in the invitation to shall be effected by experts recognized by the compe­ tender, shall not be taken into consideration . tent authorities of the Member State concerned . All the costs of weighing, taking samples and quality 5 . Once a tender has been submitted it may not be control upon loading shall be paid by the Member withdrawn . State concerned . That Member State shall obtain from the successful tenderer a lump sum refund for the Article 6 costs referred to above 500 units of account, a sum which must therefore be quoted in the tender. 1 . The deposit required by the invitation to tender shall be 5 000 units of account for each one of the Article 9 lots . 1 . The Member State concerned shall pay the 2 . The tenderer may lodge the deposit either in successful tenderer subject to any adjustment neces­ cash or in the form of a guarantee by an establish­ sary under Article 14 ( 2 ) the price quoted in this ment complying with criteria laid down by the tender pro rata for the quantity actually supplied , Member State in which the tender is submitted . reduced by the sum referred to in Article , S ( 5 ). Such quantity shall be the quantity notified by UNRWA 3 . Except in cases of force majeure, the deposit directly to competent body of the Member State in shall only be released if : question at the latest during the month following the (a ) the successful tenderer supplies the sugar in accor­ end of the delay provided for in Article VI of the dance with the provisions hereof, or Agreement .

27 . 7 . 74 Official Journal of the European Communities No L 206 / 25

2. The monetary compensatory amounts for export Article 13 to third countries shall not apply in this case. 1 . The competent bodies shall immediately notify 3 . The accession compensatory amounts for export all tenderers of the outcome of their participation in to third countries shall be applied . the tendering procedure . The body concerned shall also send a statement of award to the successful Article 10 tenderer .

The maximum price for supplying each one of the 2 . Statements of award shall indicate at least : lots of sugar shall be fixed, after examination of the (a) the invitation to which the tender relates ; tenders, in accordance with the procedure laid down (b) the price accepted . in Article 40 of Regulation No 1009 / 67/ EEC ('), as last amended by Regulation ( EEC) No 1 602/74 (2). Article 14 However, a decision may be taken to make no award . 1 . The competent body of the Member State from Article 11 whose territory the sugar concerned is to be exported shall verify whether the conditions relating to the 1 . Except where a decision is taken to make no award in respect of the invitation to tender, and supply of the sugar have been fulfilled . without prejudice to the provisions of paragraph 2, the The successful tenderer shall be responsible for all award shall be made to the tenderer whose tender is operations relating to the invitation to tender issued converted into units of account the lowest for the lot pursuant to this Regulation , in particular to communi­ in question . cate to the competent body of the Member State in 2 . If several tenderers propose the same price and question the informations provided for in Articles 2 that price is accepted , the successful tenderer shall be and 3 of Annex II to the Agreement . The Member chosen by drawing lots . State in question shall communicate this information immediately to the Commission . Article 12 2 . Without prejudice to Article 6 (3 ), the amount of 1 . An award shall : the price accepted shall be reduced by 0-10 unit of account per 100 kg of sugar and per day if the sugar is (a) confer the right to the issue , in respect of the quan­ supplied after the date provided for, except if the tity concerned , of an export licence indicating that delay is due to a case of force majeure recognized by the monetary compensatory amounts for export to the competent body. third countries does not apply in this case and bearing the words : ' for export without levy' ; 3 . If the sugar is of a grade lower than the Grade 2 sugar it shall be rejected with no compensation to the (b) entail the obligation to apply for such a licence for successful tenderer . sugar in question and to supply such sugar in accordance with the terms of the notice of the invi­ tation to tender . Article 15

2 . Rights and obligations arising from awards shall This Regulation shall enter into force on 27 July not be transferable . 1974 .

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

Done at Brussels , 26 July 1974 . Far the Com in ixsion The President Francois-Xavier ORTOLI

(') OJ No 308 , I X. 12 . 1967 , I. (-) O'l No L 172, 26 . 6 . ISJ74, p. 7 .

No L 206 /26 Official Journal of the European Communities 27 . 7 . 74

ANNEX

Reference Quantity in number of the Shipping's harbour metric tons Quality Unshipping's harbour Limit date for delivering lot

A Ports of the 500 Grade 1 or 2 Beirut ( Lebanon ) 13 September 1974 Community

B Ports of the 500 Grade 1 or 2 Ashdod ( Israel ) 13 September 1974 Community