31976R1128

15 . 5 . 76 Official Journal of the European Communities No L 127/ 31

COMMISSION REGULATION (EEC) No 1128/76 of 14 May 1976 on a standing invitation to tender for the mobilization of Community white sugar for UNRWA as food aid

THE COMMISSION OF THE EUROPEAN Whereas it should be laid down that export refunds COMMUNITIES , and levies are not applicable to this invitation to tender ; Having regard to the Treaty establishing the European Economic Community, Whereas tenders may be submitted by tenderers esta­ blished in different Member States of the Community Having regard to Council Regulation (EEC) No arid may relate to sugar to be mobilized in those 3330/74 of 19 December 1974 on the common organi­ Member States ; whereas, in view of the situation zation of the market in sugar ( J), as last amended by regarding Member States' currencies and in order to Regulation (EEC) No 3058/75 (2), and in particular ensure that the tenders are more closely comparable, Articles 17, 19 and 34 thereof, account should be taken of the incidence upon each tender of the situation regarding the currency of the Having regard to Council Regulation (EEC) No Member State where the customs export formalities 1034/76 of 30 April 1976 on the supply of white will be completed ; sugar to UNRWA as food aid (3), and in particular Article 1 (3) and (4) thereof, Whereas the Monetary Committee will be consulted ; Whereas Article 1 ( 1 ) of Regulation (EEC) No 1034/76 whereas, owing to the urgency of the matter, the provides for the supply to the United Nations Relief proposed measures should be adopted under the and Works Agency for Palestine Refugees, hereinafter conditions laid down in Article 3 (2) of Council Regu­ referred to as 'UNRWA', for the 1975/76 sugar lation No 129 on the value of the unit of account and marketing year, of 6 153 metric tons of white sugar the exchange rates to be applied for the purposes of produced and in free circulation within the Commu­ the common agricultural policy (8), as last amended by nity ; whereas in view of its destination, that white Regulation (EEC) No 2543/73 (9) thereof ; sugar should be of Grade I as defined in Commission Regulation (EEC) No 1280/71 of 18 June 1971 laying Whereas, in order to clarify the legal situation down detailed rules for the buying-in of sugar by inter­ regarding the invitations to tender previously issued in vention agencies (4), as last amended by Regulation respect of sugar, the invitations to tender referred to in ( EEC) No 2799/75 (5) ; Article 1 6 of this Regulation should be closed ;

Whereas Article 2 of Regulation (EEC) No 1034/76 Whereas the measures provided for in this Regulation lays down that the Community is to defray the cost of are in accordance with the opinion of the Manage­ the sugar delivered to the port of unloading ; ment Committee for Sugar, Whereas, for the mobilization of the goods by tendering procedure, the rules laid down under the common organization of the market in sugar governing invitations to tender should be followed as HAS ADOPTED THIS REGULATION : appropriate ;

Whereas Commission Regulation (EEC) No 1380/75 Article 1 of 29 May 1975 laying down detailed rules for the application of monetary compensatory amounts (6), as 1 . Member States shall issue a standing invitation last amended by Regulation (EEC) No 1040/76 (7), lays down that no monetary compensatory amount is to tender for the supply to UNRWA, as Community food aid, of a total of 6 1 53 metric tons of white sugar to apply to products which are the subject of Commu­ nity food aid operations and are exported to non­ produced and in free circulation within the Commu­ member countries, where those products are mobi­ nity and, during the period of validity of the standing lized on the Community market ; invitation, they shall organize partial tenderings each week . C ) OJ No L 359, 31 . 12. 1974, p. 1 . (2) OJ No L 306, 26. 11 . 1975, p. 3 . The said quantity shall be divided into two lots, A and (J) OJ No L 118 , 5 . 5 . 1976, p. 1 . B. (4) OJ No L 133, 19 . 6. 1971 , p. 34. (5) OJ No L 279, 30 . 10 . 1975, p. 7. (') OJ No L 139, 30 . 5. 1975, p. 37. (8) OJ No 106, 30 . 12. 1962, p. 2553/62. (7) OJ No L 118 , 5. 5. 1976, p. 12. C) OJ No L 263, 19 . 9 . 1973, p. 1 .

No L 127/32 15 . 5 . 76 Official Journal of the European Communities

2. The standing invitation shall relate to the price Official Journal of the European Communities. of each of the lots, A and B, delivered at the port of Member States may also arrange for it to be published unloading on quayside or lighter. The composition of elsewhere . the lots shall be as stated in the Annex. The sugar must be of Grade 1 as defined in Article 11 ( 1 ) of 2. The said notice shall be published only for the Regulation (EEC) No 1280/71 . purpose of issuing the standing invitation to tender. The notice may be amended during the period of 3 . No export levy or refund shall apply in respect validity of the standing invitation . It shall be amended of the quantity referred to in paragraph 1 . if the terms of the invitation to tender are amended during that period of validity. Article 2 3. The notice shall indicate in particular the terms Partial tenderings during the period of validity of the of the invitation to tender. standing invitation shall be organized in accordance with Regulation (EEC) No 1034/76 and with the following provisions . Article 6

Article 3 1 . Tenderers shall either deliver written tenders to the competent authority of the Member State in ques­ The standing invitation to tender shall remain open tion against a receipt, or address tenders to the compe­ until the date of the partial tendering at which tent authority by registered letter, telex or telegram . contracts are awarded for the relevant lots, or, as the case may be, for the remaining lot. The standing invi­ 2. Tenders shall state : tation shall thereupon automatically be closed on that date . (a) the reference number of the invitation to tender ; (b) the reference number of the lot ; Article 4 (c) the name and address of the tenderer ; 1 . For the first partial tendering tenders may be (d) the price proposed for the lot in question submitted from the day of publication of the standing expressed in the currency of the Member State invitation to tender in the Official Journal of the referred to in (e) ; European Communities until 19 May 1976 at 10.00 (e) the Member State in which the tenderer, in the hours . event of his being successful, intends to complete 2. For subsequent partial tenderings tenders may be the customs formalities for the export of the sugar. submitted : 3 . A tender shall be valid only if : (a) from the first working day following the end of the preceding partial tendering, (a) it relates to the price referred to in Article 1 (2) ; (b) until Wednesday of the following week at 10.00 (b) proof is furnished before the time limit for the hours . submission of tenders that the security for tender referred to in Article 7 has been provided ; 3. Notwithstanding paragraph 2 (b), the time limits for tenders due by : (c) it includes a declaration by the tenderer that, if awarded the contract, he will deliver the sugar in (a) Wednesday 2 June 1976 shall be deferred to accordance with the provisions of this Regulation Thursday 3 June 1976 at 10.00 hours, and export it from the Member State referred to in (b) Wednesday 14 and 21 July 1976 shall be brought paragraph 2 (e). forward to Tuesday 13 and 20 July 1976 respec­ tively at 10.00 hours. 4 . A tender which is not submitted in accordance 4 . The time limits set in this Article shall be : with the provisions of this Article, or which contains terms other than those indicated in the notice of invi­ (a) brought forward by one hour in Ireland and the tation to tender, shall be rejected. United Kingdom in the period during which summer time does not apply in those Member 5 . Once a tender has been submitted it may not be States ; withdrawn . (b) deferred by one hour in the other Member States when they apply summer time . Article 7 Article 5 1 . The security required for the tender shall be 1 . Member States shall draw up a notice of invita­ 1 80 1 20 units of account for lot A and 66 000 units of tion to tender. That notice shall be published in the account for lot B.

15 . 5 . 76 No L 127/ 33 Official Journal of the European Communities

2. The security shall be provided, at the tenderers Article 9 choice, either in cash or in the form of a guarantee by an establishment complying with the criteria laid 1 . The price shall be for delivery on quayside or on down by the Member State in which the tender is lighter at the port of unloading for the destination submitted . appropriate to the lot specified in the Annex.

3 . Except in cases of force majeure, the security 2. The sugar shall be supplied in new jute sacks shall be released only if : with an inner polyethylene lining :

(a) the successful tenderer has delivered the sugar at (a) either of a minimum weight of 450 grammes and the port of unloading on quayside or lighter, in net content of 50 kilogrammes, or accordance with the prescribed terms, and after (b) of a minimum weight of 700 grammes and a net production of copy No 1 of the export licence content of 100 kilogrammes. duly endorsed and with the quantity duly entered by the competent authority of the Member State The sacks shall be clearly and indelibly marked on referred to in Article 6 (2) (e) ; the outside : (b) the tender is not accepted. 'White sugar — Gift of the European Economic Community to UNRWA — For the benefit of Pales­ 4. In cases of force majeure, the competent tine refugees'. authority shall decide upon the measures necessary in the light of the circumstances invoked by the tenderer. 3 . The sugar in question shall have been produced and put into free circulation in the Community. 5. In the case referred to in paragraph 3 (a), the 4. The sugar must be delivered to the ports and by security shall be released when final payment is made the date specified in the Annex. For the purposes of as provided for in Article 10 ( 1 ); in the case referred this paragraph delivery shall be considered as having to in paragraph 3 (b) the security shall be released been effected when the ship has entered the specified immediately. port of destination with the goods still on board.

Article 8 If a contract is not awarded for either of the lots of sugar at the first partial tendering, the date of delivery 1 . Tenders shall be examined in private session by of that lot shall be postponed for a period equal to the competent authority. Subject to paragraph 2, that running from the first partial tendering until the persons present at the examination shall be sworn to partial tendering at which a contract for that lot is secrecy. awarded .

2. The tenders shall be communicated without 5. Sampling and analysis shall be carried out by names attached to the Commission without delay. experts approved by the authorities of the Member State referred to in Article 15 ( 1 ). All costs of 3 . In order that the tenders may be directly compar­ weighing, sampling and quality control at the time of able, each one shall be adjusted, where necessary, by loading shall be paid by that Member State. That State the monetary compensatory amount applicable to shall exact from the successful tenderer fixed charges exports from the Member State referred to in Article 6 in respect of the said costs of 4 503 units of account (2) (e) on the closing date for the submission of for lot A and 1 650 units of account for lot B, which tenders. Such adjustment shall be made by : charges the tenderer should therefore include in his tender. The successful tenderer shall pay the appro­ — increasing the price in the case of tenders speci­ priate fixed charge at the time of export to the fying a Member State whose currency has depreci­ Member State referred to in Article 15 ( 1 ). ated, — reducing the price in the case of tenders speci­ Article 10 fying a Member State whose currency has appreci­ ated . 1 . Without prejudice to Article 15 (2), the compe­ The rates, thus corrected, used for converting those tent authority of the exporting Member State shall offers into units of account shall be : make a provisional payment to the successful tenderer equal to 90 % of the price quoted in his tender, on — in the case of currencies held at any given presentation by the tenderer of proof that the lot of moment within a band of 2-25 % , the central rate, sugar in question has been delivered within the — in all other cases, the average spot exchange rate meaning of Article 9 (4) at the specified port of desti­ during a week ending on the Tuesday immediately nation . This proof shall consist of a certificate from a preceding the final date for the submission of specialized international control and surveillance tenders . agency approved by UNRWA.

No L 127/34 15 . 5 . 76 Official Journal of the European Communities

In addition, the tenderer shall submit one copy of the 2. The rights and obligations arising from the shipping document to the authority referred to in the award of the contract shall not be transferable . first subparagraph. Final payment shall be made as Article 14 soon as the said authority has received the documents drawn up by UNRWA certifying that the sugar has 1 . The competent authorities shall immediately been delivered on quayside at the stipulated port of notify all tenderers of the outcome of their tenders unloading and in accordance with the conditions laid and shall also send a statement of award to the down . Those documents shall be sent directly by successful tenderer. UNRWA to the said authority as soon as possible. 2. The statement of award shall specify at least : 2. If the export formalities in respect of the sugar (a) the reference number of the invitation to tender ; are completed in a Member State other than that in (b) the reference number of the lot ; which the contract was awarded to the successful (c) the price accepted expressed in the currency of the tenderer, the competent authority of the exporting exporting Member State . Member State shall immediately inform the authority Article 15 which awarded the contract of the final payment referred to in paragraph 1 , for purposes of application 1 . The successful tenderer shall be responsible for of Article 7 . all operations arising from the award of a contract pursuant to this Regulation, and must in particular Article 11 inform the competent authority of the exporting Member State and UNRWA as soon as possible : The maximum price for supplying each lot of sugar (a) of the name of the ship and the date of loading, shall be fixed after examination of the tenders, in (b) the expected date of arrival of the ship at the port accordance with the procedure laid down in Article 36 of unloading. of Regulation (EEC) No 3330/74. The said authority must communicate that informa­ However, a decision may be taken to make no award tion to the Commission as quickly as possible and, in respect of a partial tendering. where applicable, to the authority which awarded the tender. Article 12 2. Without prejudice to Article 7 (3) the price 1 . Except where a decision is taken to make no accepted shall be reduced by : award in respect of a partial tendering and without (a) 0-60 unit of account per 100 kilogrammes of sugar prejudice to paragraph 2, the contract shall be if the sugar is of Grade 2 as defined in Regulation awarded to the tenderer whose tender, when converted (EEC) No 793/72 (!) ; into units of account, is the lowest for the lot in ques­ (b) 0-10 unit of account per 100 kilogrammes of sugar tion after taking into account the adjustment referred per day if the sugar is delivered after the pres­ to in Article 8 (3). cribed date, except where late delivery is recog­ nized as due to force majeure by the competent 2. Where there is more than one acceptable tender authority which awarded the tender! at the same price for the same lot, the successful tenderer shall be chosen by drawing lots. 3 . If the sugar is of a grade lower than that stipu­ lated in paragraph 2 (a) it shall be rejected at Article 13 tenderer's risk.

1 . The successful tenderer shall have : Article 16 (a) the right to receive from the Member State where The invitations to tender mentioned in Regulations the tender was submitted an export licence in (EEC) No 1734/70 (2), (EEC) No 258/71 (3), (EEC) No respect of the relevant quantity specifying that the 1 101 /73 (4), (EEC) No 1977/73 (5), (EEC) No monetary compensatory amounts on exports to 2141 /73(6), (EEC) No 314/75 (7), (EEC) No 557/75 (8) non-member countries do not apply and bearing and (EEC) No 558 /75 (9) are hereby closed. the endorsement 'Supplies to UNRWA for export Article 17 from . . . (exporting Member State indicated in the tender) without levy or refund (Regulation (EEC) This Regulation shall enter into force on 15 May No 1128/76)'; 1976 . (b) without prejudice to the other provisions of this (!) OJ No L 94, 21 . 4. 1972, p. 1 . Regulation, the right to receive payment of the (2) OJ No L 191 , 27. 8 . 1970, p. 30 . price quoted in the tender for the lot in question ; (3) OJ No L 29, 5. 2. 1971 , p. 29 . (c) the obligation to apply to the Member State 4 OJ No L 112, 28 . 4. 1973, p. 20. referred to in (a) for the abovementioned licence (5) OJ No L 201 , 21 . 7. 1973, p. 26. (6) OJ No L 216, 4. 8 . 1973, p. 12. for the sugar in question and to deliver it in accor­ (7) OJ No L 35, 8 . 2. 1975, p. 11 . dance with the terms of the notice of invitation to «) OJ No L 59, 5. 3 . 1975, p. 8 . tender. (9) OJ No L 59, 5 . 3 . 1975, p. 16.

15.5.76 No L 127/ 35 Official Journal of the European Communities

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

Done at Brussels, 14 May 1976.

For the Commission

P. J. LARDINOIS Member of the Commission

ANNEX

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

A Community ports 4 503 Grade 1 Lattakia (Syria) 30 June 1976 B Community ports 1 650 Grade 1 Ashdod (Israel) 30 June 1976

(') without prejudice to the second subparagraph of Article 9 (4) of this Regulation .