31975R2136

5 . 8 . 75 No L 217 / 23 Official Journal of the European Communities

REGULATION ( EEC ) No 2136 / 75 OF THE COMMISSION of 14 August 1975 on a standing invitation to tender for the mobilization of Community white sugar as food aid for UNRWA

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES , are in accordance with the Opinion of the Manage­ ment Committee for Sugar, Having regard to the Treaty establishing the European Economic Community ;

Having regard to Council Regulation ( EEC) No HAS ADOPTED THIS REGULATION : 1052/73 (') of 17 April 1973 on the supply of sugar to UNRWA as food aid pursuant to the Agreement with that agency dated 18 December 1972 (2), as amended Article 1 by Regulation (EEC) No 61 1 /75 (3), and in particular Article 1 (3 ) thereof ; 1 . Denmark shall issue on behalf of the Commu­ nity a standing invitation to tender for the supply of a Having regard to Council Regulation ( EEC) No total quantity of 3 094 metric tons of white sugar 3330 /74 (4 ) of 19 December 1974 on the common produced and put into free circulation in the Commu­ organization of the market in sugar, and in particular nity as food aid to UNRWA and , during the period of Articles 17 , 19 and 34 ; validity of this standing invitation , shall issue partial invitations each week . Whereas in accordance with Commission Regulation ( EEC) No 1071 /75 (5 ) of 24 April 1975 on a standing This quantity shall be made up in lots A and B. invitation to tender for the mobilization of white sugar as food aid for UNRWA, as amended by Regula­ 2 . The standing invitation to tender shall relate to tion ( EEC) No 1 332/ 75 ( 6), Denmark should be entrusted with the issue of the invitation to tender for the price of each one of lots A and B to be supplied cif on quay at the port of discharge, such lots being the mobilization of white sugar to be purchased on made up as indicated in the Annex . The sugar shall the world market ; be of Grade 1 as defined by Article 11 ( 1 ) of Regula­ tion ( EEC) No 1280 / 71 . Whereas the shortage of white sugar on the world market has so far prevented the awarding of contracts for the total quantity of sugar put out to tender ; 3 . No export levy or refund shall apply to the quan­ tity referred to in paragraph 1 . whereas the present situation regarding the price and supply of sugar in the Community permits contracts to be awarded under normal conditions for the supply Article 2 in the remaining quantity to UNRWA in respect of the sugar marketing year 1974/75 by purchasing white sugar produced and put into free circulation in the During the period of validity of the standing invita­ Community ; whereas therefore after the conclusion of tion partial invitations to tender shall be issued in the abovementioned invitation to tender a new one accordance with Regulation ( EEC) No 1052/73 and should be issued providing that this sugar shall be of with the following provisions. Grade 1 as defined by Commission Regulation ( EEC) No 1280 /71 ( 7) if 18 June 1971 laying down detailed rules for the buying in of sugar by intervention agen­ Article 3 cies , as last amended by Regulation ( EEC) No 2733 / 73 ( 8 ) ; The standing invitation to tender shall remain open until a date to be determined . Whereas export refunds and levies should not apply to this invitation to tender ; A rticle 4 ') OJ No L 105 , 20 . 4 . 1973 , p. 1 . -) 0 | No L 304 , 31 . 12 . 1972, p. 24 . •') O'l No L 64, 11 . 3 . 1975 , p. 1 . 1 . The period for the submission of tenders in 4 ) OJ No L 359 , 31 . 12 . 1974, p. 1 . respect of the first partial invitation shall begin on the 5 ) 0 | No L 105 , 25 . 4 . 1975 , p. 21 . day of publication of the standing invitation to tender ") O'l No L 135, 27 . 5 . 1975, p. 11 . 7) O'l No L 133 , 19 . 6. 1971 , p. 34. in the Official Journal of the European Communities s ) OJ No L 282, 9 . 10 . 1973 , p. 8 . and shall expire at 10 a.m . on 27 August 1975 .

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2 . The period for the submission of tenders in Article 7 respect of the second and subsequent partial invita­ tions shall : 1 . The security required for the tender shall be 63 760 units of account for lot A and 60 000 units of (a) begin on the first working day following the expiry account for lot B. of the preceding period, and 2. The security shall be provided, at the option of (b) expire at 10 a.m . on the Wednesday of the the tenderer, either in cash or in the form of a following week . guarantee by an establishment complying with the criteria laid down by Denmark . Article 5 3 . Except in cases of force majeure, the security 1 . Denmark shall draw up a notice of invitation to shall be released only if : tender. This notice shall be published in the Official (a) the successful tenderer supplies the sugar in accor­ Journal of the European Communities. dance with the prescribed terms, and after submis­ 2. The notice of standing invitation to tender shall sion of copy No 1 of the export licence duly attri­ be published only for the purpose of issuing it. The buted and endorsed by the competent authorities notice may be amended at any time during the period of the Member State specified in the tender ; of validity of the standing invitation . It shall be or amended if the terms of the said invitation are (b) the tender is not accepted . amended during the said period . 4. In cases of force majeure, the competent body 3 . The notice shall indicate in particular the terms of the invitation to tender . shall determine the measures necessary in the light of the circumstances invoked by the tenderer.

Article 6 5 . In the case provided for in paragraph 3 (a), the security shall be released when final payment is made 1 . Tenderers shall either deliver written tenders to as provided for in Article 10 ; in the case provided for the competent body in Denmark against a receipt, or in paragraph 3 (b) the security shall be released imme­ address tenders to that body by registered letter, telex diately . or telegram . Article 8 2. Tenders shall specify : (a) the invitation to which the tender relates ; 1 . Tenders shall be examined in private session by the competent body . Subject to paragraph 2, persons (b) the lot concerned ; present at the examination shall be sworn to secrecy . (c) the name and address of the tenderer ; 2 . The tenders shall be communicated without (d) the price in Danish kroner proposed for the lot in names attached to the Commission without delay . question ; (e) the Member State in which the tenderer, in the 3 . In order that the tenders shall be directly event of his being declared successful , intends to comparable , their prices shall be adjusted , where neces­ complete the customs formalities for the export of sary, by the monetary compensatory amount appli­ the sugar. cable to exports from the Member State specified in the tender on the closing date for the submission of 3 . A tender shall be valid only if : tenders . (a) it relates to a price referred to in Article 1 ( 2) ; Such adjustment shall be made by : (b) proof is furnished before the period for the submis­ — increasing the price in the case of tenders speci­ sion of tenders expires that the security for tender fying a Member State whose currency has depreci­ referred to in Article 7 has been provided ; ated ; (c) it includes a declaration by the tenderer that he — reducing the price in case of tenders specifying a will , if awarded the contract, supply the sugar in Member State whose currency has appreciated . accordance with the provisions of this Regulation . The monetary compensatory amount shall be 4 . A tender which is not submitted in accordance converted into Danish kroner at the following rates of with the provisions of this Article , or which contains exchange : terms other than those indicated in the notice of invi­ — where the currencies concerned are maintained at tation to tender, shall not be taken into consideration . any given moment within a maximum band of 5 . Once a tender has been submitted it may not be 2-25 % , such rate of exchange as represents their withdrawn . central rate ;

15 . 8 . 75 Official Journal of the European Communities No L 217 / 25

— in other cases, the average of the spot rates for the In addition, the tenderer shall submit to the compe­ currencies concerned as recorded in Denmark tent Danish body a copy of the shipping document. during the period from the Wednesday of one week to the Tuesday of the following week being Final payment shall be made as soon as the compe­ the period which immediately precedes the tent Danish body has received the documents drawn closing date for the submission of tenders . up by UNRWA certifying that the sugar has been delivered cif on quay at the stipulated port of discharge and in accordance with the conditions laid Article 9 down . These documents shall be sent directly by UNRWA to the said body at the latest during the month following the end of the period provided for in 1 . The price shall be for delivery cif on quay at the Article VI of the Agreement. port of destination in respect of each lot specified in the Annex .

Article 11 2. The sugar shall be supplied in new jute sacks with a polyethylene lining : The maximum price for supplying each lot of sugar (a) of a minimum weight of 450 grammes with a net shall be fixed after examination of the tenders, in content of 50 kilogrammes, or accordance with the procedure laid down in Article 36 of Regulation No 3330 /74 . (b) of a minimum weight of 700 grammes with a net capacity of 100 kilogrammes . However, a decision may be taken to make no award . 3 . The sugar in question shall have been produced and put into free circulation in the Community. Article 12 4. The sugar shall be delivered cif fo at the latest by the date and to the ports specified in the Annex . 1 . Except where a decision is taken to make no award in respect of a partial invitation to tender and If, in respect of any lot of sugar, no contract is without prejudice to the provisions of paragraph 2, the contract shall be awarded to the tenderer whose awarded at the first partial invitation to tender, the date of delivery shall be postponed for a period equal tender, when converted into units of account, is the to that between the dates of the first partial invitation lowest for the lot in question after taking into account to tender and the partial invitation at which a contract the adjustment referred to in Article 8 (3). of the said lot is awarded . 2 . If several tenderers tender at the same price for 5 . Sampling and analysis shall be carried out by the same lot and that price is accepted , the successful experts approved by the authorities of the Member tenderer shall be chosen by drawing lots . State referred to in Article 15 ( 1 ). All the costs of weighing, sampling and quality control at the time of loading shall be paid by that Member State . That State Article 13 shall obtain a lump sum from the successful tenderer in respect of the said costs of 1 594 units of account 1 . The successful tenderer shall be : for lot A and 1 500 units of account for lot B, which amounts the tenderer should therefore include in his (a) entitled to be issued with an export licence in tender. The successful tenderer shall pay such fixed respect of the quantity of sugar in question stating amount at the time of export to the said Member that the monetary compensatory amounts for State . export to third countries shall not apply and bearing the endorsement ' for export without levy or refund (Regulation ( EEC) No 2136/75'; Article 10 (b) entitled, without prejudice to the other provisions of this Regulation , to payment of the price quoted Without prejudice to Article 15 (2), the competent in the tender for the lot in question ; Danish body shall pay the successful tenderer a provi­ sional sum equal to 90 % of the price quoted in his (c) obliged to apply for the abovementioned licence tender, on presentation by the tenderer of proof that for the sugar in question and to deliver it in accor­ dance with the terms of the notice of invitation to the lot of sugar in question has been delivered cif fo tender . at the specified port of destination . This proof shall consist of a certificate drawn up by a specialized inter­ national control and surveillance agency approved by 2 . The rights and obligations arising from the UNRWA . award of the contract shall not be transferable .

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Article 14 the competent Danish body the information required by Articles 2 and 3 of Annex II of the Agreement. 1 . The competent Danish body shall immediately Denmark shall forward this information as soon as notify all tenderers of the outcome of their participa­ possible to the Commission . tion in the invitation to tender and shall also send a statement of t award to the successful tenderer. 2. Without prejudice to Article 7 (3) the price accepted shall be reduced by : 2. Statements of award shall specify at least : (a) 0-60 unit of account per 100 kg of sugar if the (a) the invitation to which the award relates ; sugar is of Grade 2 as defined in Regulation (EEC) (b) the lot concerned ; No 793 / 72 0 ; (c) the price accepted in Danish kroner. (b) 0-10 unit of account per 100 kg of sugar per day if the sugar is delivered after the prescribed date, Article 15 except where the delay is due to a case of force majeure recognized as such by the competent 1 . The competent body of the Member State from Danish body. whose territory the sugar concerned is exported shall verify that the necessary conditions for the delivery 3 . If the sugar is of a grade lower than that stipu­ have been complied with . Where appropriate, it shall lated in paragraph 2 (a) it shall be rejected and any inform without delay the competent Danish body consequent loss borne by the successful tenderer. which carried out the invitation to tender . Article 16 The successful tenderer shall be responsible for all operations relating to any contract awarded pursuant This Regulation shall enter into force on 15 August to this Regulation , and in particular for supplying to 1975 .

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

Done at Brussels, 14 August 1975 .

For the Commission P.J. LARDINOIS Member of the Commission

ANNEX

Lot Port of loading Quantity 111 metric tons Quality Port of discharge Latest date for delivery (')

A Community ports 1 594 Grade 1 Beirut ( Lebanon ) 8 October 1975

B Community ports 1 500 Grade 1 Ashdod ( Israel ) 8 October 1975

(') Subject as provided in the second subparagrah of Article, 9 ( 4) ot this Regulation .

(') OJ No L 94, 21 . 4 . 1972, p. 1 .