31975R1071

25 . 4 . 75 No L 105/21 Official Journal of the European Communities

REGULATION (EEC) No 1071 /75 OF THE COMMISSION of 24 April 1975 on a standing invitation to tender for the mobilization of white sugar as food aid for UNRWA

THE COMMISSION OF THE EUROPEAN whereas, in order inter alia to simplify administrative COMMUNITIES, procedures, Denmark should be entrusted with the issue of this standing invitation to tender ;

Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation Economic Community ; are in accordance with the Opinion of the Manage­ ment Committee for Sugar, Having regard to Council Regulation (EEC) No 1052/73 (1) of 17 April 1973 on the supply of sugar to UNRWA as food aid pursuant to the Agreement with HAS ADOPTED THIS REGULATION : that agency of 18 December 1972, as amended by Regulation (EEC) No 61 1 /75 (2), and in particular Article 1 Article 1 (3) thereof ;

1 . Denmark shall issue a standing invitation to Whereas the quantity of white sugar referred to in tender for the supply of a total quantity of 6 094 Article II (1 ) of the Agreement (3) between the Euro­ metric tons of white sugar purchased on the world pean Economic Community and the United Nations market as food aid to UNRWA and, during the period Relief and Works Agency for Palestine Refugees in of validity of the standing invitation , it shall issue the Near East concerning assistance to refugees from partial invitations to tender. the countries of the Middle East, hereinafter called the 'Agreement', has been changed following an exchange This quantity shall be made up in lots A, B, C, D and of letters pursuant to the Council Decision of 2 E. October 1974 (4); whereas it is consequently provided that 6 094 metric tons of white sugar produced and in 2. The standing invitation to tender shall be for the free circulation in the Community be placed at the supply cif on quay at the port of discharge of each of disposal of the United Nations Relief and Works lots A, B, C, D and E, such lots being made up as indi­ Agency for Palestine Refugees (UNRWA) as food aid cated in the Annex. The sugar shall be of sound and for the sugar marketing year 1974/75 ; whereas Article fair marketable quality, dry, in homogeneously granu­ 1(1 ) (c) of Regulation (EEC) No 1052/73 provides lated crystals, free flowing, and with a minimum that, if white sugar is not available on the Community degree of polarization of 99-7° S. market on the normal terms, it may be obtained by purchase on the world market ; whereas, therefore, in Article 2 view of the state of supply and prices in the Commu­ nity and prices on the world market, it is necessary to Partial invitations to tender issued during the period have recourse to purchase of white sugar on the world of validity of the standing invitation to tender shall be market ; whereas, in view of its destination , this sugar organized in accordance with Regulation ( EEC) No must be of sound and fair marketable quality, dry, in 1052/73 and with the following provisions. homogeneously granulated crystals, free flowing, and with a minimum degree of polarization of 99-7° S ; Article 3 Whereas Article 2 of Regulation ( EEC) No 1052/73 The standing invitation to tender shall remain valid provides in particular that the Community shall until a date subsequently to be determined . finance the cif value of the sugar ;

Article 4 Whereas, if mobilization is to be by tender, it would seem desirable to apply, in an appropriate form , the rules governing tenders within the framework of the 1 . The period for the submission of tenders in common organization of the market in sugar ; response to the first partial invitation concerning :

(a) lots A and B shall begin on the day of publication (') OJ No L 195, 20 . 4. 1973, p. 1 . of the standing invitation to tender in the Official (2) OJ No L 64, 11 . 3 . 1975, p. 1 . (3) OJ No L 304, 31 . 12. 1972, p . 24. Journal of the European Communities and expire (4) OJ No L 328 , 7. 12. 1974, p. 41 . at 10 a.m . on 29 April 1975 ;

No L 105/22 Official Journal of the European Communities 25 . 4 . 75

Article 7 (b) lots C and D shall begin on 21 May 1975 and expire at 10 a.m . on 28 May 1975 ; 1 . The security required for the invitation to tender (c) lot E shall begin on 11 June 1975 and expire at 10 shall be 10 units of account per metric ton of white a.m . on 18 June 1975 . sugar . 2. The period for the submission of tenders concerning each of the lots for the second and 2. The security shall be provided, at the option of subsequent partial invitations shall : the tenderer, either in cash or in the form of a guarantee by an establishment complying with the (a) begin on the first working day following the criteria laid down by Denmark. end of the preceding period, (b) expire at 10 a.m . on the Wednesday of the 3 . Except in cases of force majeure, the security following week . shall be released only if :

(a) the successful tenderer supplies the sugar on the Article 5 prescribed terms ;

1 . Denmark shall draw up a notice of invitation to or tender. This notice shall be published in the Official (b) the tender is not accepted . Journal of the European Communities.

2. The notice of standing invitation to tender shall 4. In cases of force majeure, the competent body be published only for the purpose of opening that invi­ shall determine the measures necessary in the light of tation to tender. The notice as published may be the circumstances invoked by the tenderer. amended during the period of validity of the standing invitation . It shall be amended if the terms of the invi­ 5 . In the case provided for in paragraph 3 (a) the tation to tender are amended during that period of security shall be released when final payment is made validity . as provided in Article 10(1 ); in the case provided for in paragraph 3 (b) the security shall be released imme­ 3 . The notice shall indicate in particular the terms diately . of the invitation to tender.

Article8¶

1 . Tenderers shall either deliver written tenders to 1 . Tenders shall be examined in private session by the competent body in Denmark against a receipt, or the competent body. Subject as provided in paragraph address tenders to that body by registered letter, telex 2, persons present at the examination shall be under or telegram . an obligation not to disclose any particulars relating thereto . 2 . Tenders shall indicate : 2 . The tenders submitted shall be communicated, (a) the invitation to which the tender relates ; without names attached, to the Commission without (b) the lot concerned ; delay . (c) the name and address of the tenderer ; (d) the price in Danish kroner proposed for the lot in Article 9 question . 3 . A tender shall be valid only if : 1 . The price shall be for delivery cif on quay at the (a) it relates to a supply as specified in Article 1 (2) ; port indicated in the Annex in respect of the lot concerned . (b) proof is furnished before the period for the submis­ sion of tenders expires that the security for tender referred to in Article 7 has been provided ; 2 . The sugar shall be supplied in new jute sacks containing a net quantity of 50 or 100 kilogrammes . (c) it includes a declaration by the tenderer that he will , if awarded the contract, supply the sugar in 3 . The sugar shall be delivered cif on quay by the accordance with the provisions of this Regulation . date and to the port as indicated in the Annex . 4 . A tender which is not submitted in accordance If in respect of any lot no contract is awarded at the with the provisions of this Article , or which contains terms other than those indicated in the invitation to first partial invitation to tender, the date of delivery tender, shall not be taken into consideration . shall be postponed for a period equal to that between the first partial invitation to tender relating to that lot 5 . Once a tender has been submitted it may not be and the partial invitation at which a contract for the withdrawn . said lot is awarded .

25 . 4 . 75 No L 105/23 Official Journal of the European Communities

4. Verification of quality and weight at time of Article 13 discharge shall be effected by the competent authori­ 1 . The successful tenderer shall be : ties designated by UNRWA. The costs in respect of such verification shall be paid to UNRWA on the (a) entitled, without prejudice to the other provisions Community's behalf by Denmark upon presentation of this Regulation, to payment of the price quoted of accounts . in the tender for the lot in question , (b) obliged to supply the sugar in question in accor­ dance with the terms of the notice of the invita­ Article 10 tion to tender.

Without prejudice to Article 1 5 (2), the competent 2 . The obligations arising from awards shall not be body shall pay the successful tenderer a provisional transferable . sum equal to 90 % of the price quoted in his tender, on presentation by the tenderer of proof that the lot Article 14 of sugar in question has been discharged at the stipu­ lated port of destination . This proof shall consist of a copy of the port document drawn up by the country 1 . The competent body shall immediately notify all of destination and bearing the official stamp of tenderers of the outcome of their participation in the UNRWA or by a certificate from an international invitation to tender. The body concerned shall also send a statement of award to the successful tenderer . control and surveillance agency approved by UNRWA for purposes of verification as referred to in Article 2 . Statements of award shall indicate at least : 9 (4). In addition , the tenderer shall submit to the abovementioned competent body a copy of the ship­ (a) the invitation to which the award relates ; ping document. (b) the lot concerned ; (c) the price accepted . Final payment shall be made as soon as the compe­ tent Danish body receives the documents drawn up by UNRWA certifying that the sugar has been delivered Article 15 on the prescribed terms. These documents shall be sent directly by UNRWA to the said body at latest 1 . The successful tenderer shall be responsible for during the month following the end of the period all operations arising from the award of a contract provided for in Article VI of the Agreement. pursuant to this Regulation , and in particular for supplying to the competent body in Denmark the information provided for in Articles 2 and 3 of Annex Article 11 II to the Agreement . Denmark shall forward this infor­ mation as soon as possible to the Commission . The maximum price for supplying each one of the 2 . Without prejudice to Article 7 (3), the price lots of sugar shall be fixed, after examination of the accepted shall be reduced by 0-10 unit of account per tenders, in accordance with the procedure laid down 100 kilogrammes of sugar per day if the sugar is deliv­ in Article 40 of Regulation No 1 009/67/ EEC ('), as ered after the prescribed date , save where the delay is last amended by Regulation (EEC) No 2476/74 (2). due to a case of force majeure recognized as such by the competent body . However, a decision may be taken to make no award . 3 . If the sugar does not meet the specifications laid down in Article 1 (2) it shall be rejected and any Article 12 consequent loss shall be borne by the successful tenderer . 1 . Except where a decision is taken to make no award in respect of a partial invitation to tender, and Article 16 without prejudice to the provisions of paragraph 2, the contract shall be awarded to the tenderer whose The standing invitation to tender referred to in Regula­ tender, converted into units of account , is the lowest tion ( EEC) No 2120 /74 ( 3 ) is hereby closed . for the lot in question .

Article 17 2. If several tenderers tender at the same price and that price is accepted, the successful tenderer shall be chosen by drawing lots . This Regulation shall enter into force on 25 April 1 975 . (■) OJ No 308 , 18 . 12. 1967, p . 1 . (2 ) OJ No L 264, 1 . 10 . 1974, p. 70 . (■>) OJ No L 222, 11. 8 . 1974, p. 6 .

No L 105/ 24 25 . 4 . 75 Official Journal of the European Communities

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

Done at Brussels, 24 April 1975.

For the Commission

P. J. LARDINOIS Member of the Commission

ANNEX

Quantity in Latest date Lot Port of dischrage metric tons for. delivery (')

A 1 000 Beirut (Lebanon ) 29 May 1975 B 1 000 Ashdod ( Israel) 29 May 1975 C 1 500 Beirut ( Lebanon ) 28 June 1975 D 500 Ashdod ( Israel) 28 June 1975 E 2 094 Beirut ( Lebanon) 18 July 1975

(') Subject as provided in the second subparagraph of Article 9 (3).