31974R2120

No L 222/6 Official Journal of the European Communities 12. 8 . 74

REGULATION (EEC) No 2120/74 OF THE COMMISSION of 9 August 1974 on a standing invitation to tender for the mobilization of white sugar as food aid for UNRWA

THE COMMISSION OF THE EUROPEAN Whereas, it should be specified that the system of COMMUNITIES, monetary compensatory amounts for export to third countries and the export levy do not apply to this invitation to tender; Having regard to the Treaty establishing the European Economic Community; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Having regard to Council Regulation (EEC) No Management Committee for Sugar, 1052/73 (*) of 17 April 1973 on the supply of sugar to UNRWA as food aid pursuant to the Agreement HAS ADOPTED THIS REGULATION: with that agency dated 18 December 1972, and in particular Article 1 (3 ) thereof; Article 1

Whereas the quantity of white sugar referred to in 1 . The Member States shall issue a standing Article II paragraph 1 of the Agreement between the invitation to tender for the supply of a total quantity European Economic Community and the United of 6 094 metric tons of white sugar as food aid to Nations Relief and Works Agency for Palestine UNRWA and, during the period of validity of the Refugees in the Near East (2), hereinafter caHed the standing invitation, they shall issue partial invitations to tender. 'Agreement', concerning assistance to refugees from the countries of the Middle East has been changed This quantity is made up in two lots A and B. following an exchange of letters pursuant to the Council Decision of 22 July 1974; whereas 2. The standing invitation to tender shall relate to consequently it is provided that 6 094 metric tons of the price of each one of lots A and B to be supplied white sugar produced and in free circulation in the cif on quay to the port of unloading and made up as Community be placed at the disposal of the United indicated in the Annex. The sugar shall be of Grade 1 Nations Relief and Works Agency for Palestine as defined by Article 11 ( 1 ) of Regulation (EEC) No Refugees (UNRWA) as food aid for the sugar 1280/ 71 . marketing year 1974/75 ; whereas, in view of its destination, this white sugar must be Grade 1 sugar 3 . No levy shall apply in respect of the export as defined by Commission Regulation (EEC) No of the quantity referred to in paragraph 1 . 1280/71 (3), of 18 June 1971 laying down detailed rules for the buying-in of sugar by intervention Article 2 agencies, as last amended by Regulation (EEC) No 2733 /73 (4); The standing invitation to tender shall be organized in accordance with Regulation (EEC) No 1052/73 Whereas Article 2 of Regulation (EEC) No 1052/73 and with the following provisions. provides in particular that the Community shall finance the cif value of the sugar; Article 3

The standing invitation to tender shall remain valid Whereas for the mobilization of the goods is to be awarded under a tendering procedure, it would seem until a date to be determined at a later stage. desirable to apply, in an appropriate form, the detailed rules governing tenders within the Article 4 framework of the common organization of the market in sugar; 1 . The period for the submission of tenders in response to the first partial invitation shall begin at 10 a.m. on 18 September 1974 and expire at lO.a.m. on 25 September 1974. (!) OJ No L 105, 20. 4. 1973, p. 1 . (2) OJ No L 304, 31 . 12. 1972, p. 24. 2. The periods of the submission of tenders in (s) OJ No L 133, 19. 6. 1971 , p. 34. response to the second and subsequent partial (4) OJ No L 282, 9 . 10. 1973, p. 8 . invitation shall :

12. 8 . 74 Official Journal of the European Communities No L 222/7

(a) begin on the first working day following the end (b) proof is furnished before the period for the of the previous period, and submission of tenders expires that the deposit required by the invitation to tender has been (b) expire at 10 a.m. on the Wednesday of the lodged ; following week. (c) it includes a declaration by the tenderer that he will, if awarded the contract, supply the sugar in 3 . During the period in which Summer Time accordance with the provisions of this applies in Italy, the time limits laid down in this Article shall be understood in that Member State to Regulation. be extended by one hour. For the period during which Summer Time does not apply in the United 4. A tender which is not submitted in accordance Kingdom and in Ireland, the time limits established with the provisions of this Article, or which contains above shall be regarded in those Member States as terms other than those indicated in the invitation to brought forward by one hour. tender, shall not be taken into consideration.

5 . Once a tender has been submitted it may not be withdrawn. Article 5

1 . The Member States shall draw up a notice of Article 7 invitation to tender. This notice shall be published in the Official Journal of the European Communities. Member States may also publish the notice or have it 1 . The deposit required by the invitation to tender published elsewhere. shall be :

36 500 units of account for the lot A; 2. The notice of standing invitation to tender shall be published only for the purpose of issuing it. The 24 440 units of account for the lot B. notice as published may be amended during the period of validity of the standing invitation. It shall 2. The tenderer may lodge the deposit in cash or be amended if the terms of the invitation to tender in the form of a guarantee by an establishment are amended during that period of validity. complying with criteria laid down by the Member State in which the tender is submitted. 3 . The notice shall indicate in particular the terms of the invitation to tender. 3 . Except in cases of force majeure, the deposit shall only be released if:

(a) the successful tenderer supplies the sugar in Article 6 accordance with the provisions hereof;

or 1 . Tenderers shall either deliver written tenders to the competent body of the Member State in question (b) the tender is not accepted. against a receipt, or address tenders to the competent body by registered letter, telex or telegram. Tenders In cases of force majeure the competent body shall shall be submitted in the Member State from which determine the measures necessary in view of the export is to be effected. circumstances invoked by the tenderer.

2. Tenders shall indicate : 4. In the case of paragraph 3 (a) the deposit shall be released when payment is made under Article (a) the invitation to which the tender relates ; 10 ( 1 ); in the case of paragraph 3 (b) the deposit shall be released immediately. (b) the name and address of the tenderer;

(c) the price proposed for the lot in question in the currency of the Member State of the competent body to which the tender is submitted. Article 8

3 . A tender shall be valid only if: 1 . Tenders shall be examined in private session by the competent body. Persons present at the (a) it relates to a price referred to in Article 1 (2); examination shall be sworn to secrecy.

No L 222/ 8 Official Journal of the European Communities 12 . 8 . 74

2. The Commission shall be informed without Article 11 delay of the tenders submitted. The maximum price for supplying each one of the lots of sugar shall be fixed, after examination of the Article 9 tenders, in accordance with the procedure laid down in Article 40 of Regulation No 1009/67/EEC (*), as 1 . The price relates to the delivery cif on quay of last amended by Regulation (EEC) No 1602/74 (2). each one of the lots to the port indicated in the Annex. However, a decision may be taken to make no award. 2. The sugar shall be supplied in new jute sacks of a minimum weight of 450 g lined with a polyethylene Article 12 bag and with a net weight of 50 kg. 1 . Except where a decision is taken to make no The following shall be printed on the outside of the sacks : 'White Sugar — Gift of the European award in respect of a partial invitation to tender, and Communities'. without prejudice to the provisions of paragraph 2, the award shall be made to the tenderer whose tender is converted into units of account, the lowest for the 3 . The sugar in question must have been produced lot in question. and put in free circulation in the Community.

2. If several tenderers propose the same price and 4. The sugar shall be delivered cif on quay at the that price is accepted, the successful tenderer shall be latest on the date and to the ports indicated in the Annex. chosen by drawing lots.

If the contract has not been awarded at the first Article 13 partial invitation to tender, the date of delivery shall be postponed for a period equal to that between the first partial invitation to tender and the partial 1 . An award shall : invitation in question. (a) confer the right to the issue, in respect of the quantity concerned, of an export licence 5 . The taking of samples and analysis of the goods indicating that the monetary compensatory shall be effected by experts recognized by the amounts for export to third countries does not competent authorities of the Member State apply in this case and bearing the words : 'for concerned. All the costs of weighing, taking samples export without levy'; and quality control upon loading shall be paid by the Member State concerned. That Member State shall (b ) entail the obligation to apply for such a licence obtain from the successful tenderer a lump sum for sugar in question and to supply such sugar in refund of 3 650 units of account for the lot A and accordance with the terms of the notice of the 2 444 units of account for the lot B, in respect of such invitation to tender. costs a sum which must therefore be quoted in the tender. 2. Rights and obligations arising from awards shall not be transferable. Article 10 Article 14 1 . The Member State concerned shall pay the successful tenderer subject to any adjustment 1 . The competent bodies shall immediately notify necessary under Article 15 (2) the price quoted in all tenderers of the outcome of their participation in this tender pro rata for the quantity actually supplied, the tendering procedure. The body concerned shall reduced by the sum referred to in Article 9 (5 ). Such also send a statement of award to the successful quantity shall be the quantity notified by UNRWA tenderer. directly to the competent body of the Member State in question, at latest during the month following the 2 . Statements of award shall indicate at least : end of the delay provided for in Article VI of the Agreement. (a) the invitation to which the tender relates ;

2. The monetary compensatory amounts for (b) the price accepted. export to third countries shall not apply in this case.

3 . The accessional compensatory amounts for H OJ No 308 , 18 . 12. 1967, p. 1 . export to third countries shall be applied. (2 ) OJ No L 172, 27. 6. 1974, p. 7.

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Article 15 (a) 1 unit of account per 100 kg of sugar, if the sugar is Grade 2 sugar as defined by Regulation (EEC) 1 . The competent body of the Member State from No 793 /72 (*); whose territory the sugar concerned is to be exported (b)> 0-10 unit of account per 100 kg of sugar and per shall verify whether the conditions relating to the day if the sugar is supplied after the date supply of the sugar have been fulfilled. provided for, except if the delay is due to a case of force majeure recognized by the competent The successful tenderer shall be responsible for all body. operations relating to the invitation to tender issued pursuant to this Regulation, in particular to 3 . If the sugar is of a grade lower than that communicate to the competent body of the Member specified in paragraph 2 (a) it shall be rejected with State in question the information provided for in no compensation to the successful tenderer. Articles 2 arid 3 of Annex II to the Agreement.

The Member State in question shall communicate this information immediately to the Commission. Article 16

2. Without prejudice to Article 7 (3 ), the amount This Regulation shall enter into force on 13 August of the price accepted shall be reduced by : 1974 .

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

Done at Brussels, 9 August 1974.

For the Commission The President

Francois-Xavier ORTOLI

H OJ No L 94, 21 . 4. 1972, p. 1 .

ANNEX

Reference Limit number of the lot Shipping's Harbour Quantity Quality Unshipping's Harbour date for delivering

A Harbours of the Community 3 650 Grade 1 Beyrouth ( Lebanon) 31 October 1974 B Harbours of the Community 2 444 Grade 1 Ashdod (Israel) 31 October 1974