31976R2825

No L 325/6 24 . 11 . 76 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2825/76 of 23 November 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 various Member States of the Community Having regard to Council Regulation (EEC) No and 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 ( ! ), as last amended by regarding thfe currencies of Member States and in Regulation (EEC) No 1487/76 (2), and in particular order to ensure that tenders are closely comparable, Articles 17, 19 and 34 thereof, account should be taken of the effect upon each tender of the position of the currency of the Member Having regard to Council Regulation (EEC) No State where the customs export formalities will be 1034/76 of 30 April 1976 on the supply of white 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, hereinafter referred to as conditions laid down in Article 3 (2) of Council Regu­ lation No 129 on the value of the unit of account and 'UNRWA', for Palestine refugees of white sugar produced and in free circulation within the Commu­ the exchange rates to be applied for the purposes of nity ; whereas, in view of its destination, that white the common agricultural policy (8), as last amended by sugar should be of Grade 1 as defined in Commission Regulation (EEC) No 2543 / 73 (9) ; Regulation (EEC) No 1280/71 of 18 June 1971 laying down detailed rules for the buying-in of sugar by inter­ Whereas the measures provided for in this Regulation vention agencies (4), as last amended by Regulation­ are in accordance with the opinion of the Manage­ (EEC) No 1763/76 (5); ment Committee for Sugar, Whereas Article 2 of Regulation (EEC) No 1034/76 lays down that the Community shall meet the costs of the sugar and of its transport to the port of destina­ tion ;

HAS ADOPTED THIS REGULATION : Whereas, for purposes of mobilization of the goods by tender, the appropriate rules of the common organiza­ tion of the market in sugar governing invitations to tender should be followed ; Article 1

Whereas Commission Regulation (EEC) No 1380/75 of 29 May 1975 laying down detailed rules for the 1 . Member States shall issuue a standing invitation application of monetary compensatory amounts (6), as to tender for the supply to UNRWA, as Community last amended by Regulation (EEC) No 1 834/76 (7), food aid, of a total of 6 102 metric tons of white sugar provides that no monetary compensatory amounts produced and in free circulation within the Commu­ shall apply where products which are the subject of nity, and during the period of validity of the standing Community food aid operations and mobilized on the invitation they shall each week organize partial Community market, are exported to third countries ; tenders .

(») OJ No L 359, 31 . 12. 1974, p. 1 . (2) OJ No L 167, 26. 6 . 1976, p. 9 . The said quantity shall be divided into three lots, A 1 , (3) OJ No L 118 , 5. 5 . 1976, p. 1 . A 2 and A 3 . (4) OJ No L 133, 19 . 6. 1971 , p. 34. (5) OJ No L 197, 23 . 7 . 1976, p. 32. (6) OJ No L 139, 30 . 5 . 1975, p. 37. (8) OJ No 106, 30 . 12. 1962, s. 2553/ 62. (7) OJ No L 203 . 29. 7. 1976, p. 30. (9) OJ No L 263, 19. 9. 1973 , p . 1 .

24 . 11 . 76 No L 325/7 Official Journal of the European Communities

2. The standing invitation shall relate to the price Member States may also publish it or arrange for it to of each of lots A 1 , A 2 and A 3 delivered to the port be published elsewhere. of destination , on quayside or in lighter, The composi­ tion of the lots shall be as stated in the Annex hereto . 2. The said notice shall be published only for the The sugar must be of Grade 1 as defined in Article 1 1 purpose of opening the standing invitation to tender., ( 1 ) of Regulation (EEC) No 1280/71 . The notice may be amended during the period of validity of the standing invitation . It shall be amended 3 . No export levy or refund shall apply in respect if the terms of the invitation to tender are amended of the quantity referred to in paragraph 1 . during that period of validity.

3 . The notice shall indicate in particular the terms Article 2 of the invitation to tender.

Partial tenders during the period of validity of the standing invitation shall be organized in accordance Article 6 with Regulation (EEC) No 1034/76 and with the 1 . Tenderers may either deliver written tenders in following provisions . person to the competent authority of the Member State in question against a receipt, or address them to Article 3 the competent authority by registered letter, telex or telegram . The standing invitation to tender shall remain open until the date of the partial tender at which are 2 . Tenders shall state : awarded contracts for the prices of the lots referred to in Article 1 or, as the case may be, at which is (a) the reference number of the invitation to tender ; awarded a contract for the remaining lot. The standing (b) the lot number ; invitation shall thereupon automatically close with (c) the name and address of the tenderer ; effect from that date . (d) the price proposed for the lot in question, expressed in the currency of the Member State Article 4 referred to in (e) ; (e) the Member State in which the tenderer, in the 1 . Tenders in respect of the first partial award may event of his being successful, intends to complete be submitted from the day of publication of the the customs formalities for the export of the sugar. standing invitation to tender in the Official Journal of the European Communities until 1 December 1976 3 . A tender shall be valid only if : at 10 a.m . (a) it relates to the price referred to in Article 1 (2) ; 2 . For subsequent partial awards tenders may be (b) before the time limit for the submission of tenders submitted : proof is furnished that the security for tender (a) from the first working day following the expiry of referred to in Article 7 has been provided ; the preceding period for the submission of (c) it includes a declaration by the tenderer that, if tenders, awarded a contract, he will deliver the sugar in (b) until the Wednesday of the following week at 10 accordance with the provisions of this Regulation a.m . and export it from the Member State referred to in paragraph 2 (e). 3 . By way of derogation from paragraph 2 (b), the time limit for tenders due by Wednesday, 8 December 4. Any tender which is not submitted in accor­ 1976 shall be advanced to Tuesday, 7 December 1976 dance with the provisions of this Article, or which at 10 a.m . contains terms other than those indicated in the notice of invitation to tender, shall not be considered . 4. By way of derogation from paragraph 2, no partial award will be made on Wednesday 29 5 . Once submitted a tender may not be withdrawn . December 1976 .

Article 7 5 . The time limits set in this Article shall be advanced by one hour in Ireland and the United 1 . The security for tender shall be 56 000 units of Kingdom in the period during which summer time account for lot A 1 , 88 000 units of account for lot does not apply in those Member States . A 2, and 100 080 units of account for lot A 3 .

A rticle 5 2. The security shall be provided, at the tenderer's choice, either in cash or in the form of a guarantee by 1 . Member States shall draw up a notice of invita­ an establishment complying with the criteria laid tion to tender. That notice shall be published in the down by the Member State in which the tender is submitted . Official Journal of the European Communities.

No L 325/8 24. 11 . 76 Official Journal of the European Communities

3. Except in case of force majeure, the security 2. The sugar shall be supplied in new jute bags shall be released only if : having the following specifications : (a) the successful tenderer has delivered the sugar to (a) of a minimum weight of 450 g and a net content the port of destination, on quayside or in lighter, of 50 kg lined inside with polyethylene of a in accordance with the prescribed conditions, and minimum thickness of 0-04 mm , or after production of copy No 1 of the export licence duly endorsed and stamped by the compe­ (b) of a minimum weight of 420 g and a net content of 50 kg lined inside with polyethylene of a tent authority of the Member State referred to in minimum thickness of 0-05 mm ; or Article 6 (2) (e) ; (b) the tender is not accepted. (c) of a minimum weight of 700 g and a net content of 100 kg lined inside with polyethylene of a 4. In case of force majeure, the competent minimum thickness of 0-07 mm . authority shall take such action as it considers neces­ sary having regard to the circumstances invoked by The bags shall be clearly and indelibly marked on the the tenderer. outside : 'White sugar / Gift of the European 5. In the case referred to in paragraph 3 (a), the Economic Community to UNRWA / For the benefit security shall be released when final payment is made of Palestine refugees'. as provided in Article 10 ( 1 ) ; in the case referred to in paragraph 3 (b) the security shall be released forth­ 3 . The sugar in question must have been produced with . and put into free circulation within the Community.

Article 8 4. The sugar must be delivered to the ports of desti­ nation by the date specified in the Annex. For the 1 . Tenders shall be examined in private session by purposes of this paragraph delivery shall be consid­ the competent authority. Subject to paragraph 2, ered as having been effected when the ship has persons present at the examination shall be under an entered the specified port of destination with the obligation not to disclose any particulars relating goods still on board. thereto .

2. The tenders shall be communicated, without If a contract is not awarded for any lot of sugar at the names attached thereto, to the Commission without first partial award, the date of delivery shall be delay. deferred for a period equal to that running from the date of the first partial award until the date of the 3. In order that the tenders may be directly compar­ partial award at which a contract is awarded. able, each one shall be adjusted as necessary by the monetary compensatory amount applicable to exports 5. Sampling and analysis shall be carried out by of white sugar from the Member State referred to in experts approved by the authorities of the Member Article 6 (2) (e) on the closing date for the submission State referred to in Article 15 ( 1 ). All costs of of tenders. Such adjustment shall be made by : weighing, sampling and quality control at the time of — increasing the price in the case of tenders speci­ loading shall be paid by that Member State. That State fying a Member State whose currency has depreci­ shall collect from the successful tenderer fixed charges ated, in respect of the said costs of 1 400 units of account for lot A 1 , 2 200 units of account for lot A 2 and — reducing the price in the case of tenders speci­ 2 502 units of account for lot A 3, which charges the fying a Member State whose currency has appreci­ tenderer should therefore include in his tender. The ated . appropriate fixed charge shall be paid at the time of The rates used for converting the tenders thus exportation . corrected into units of account shall be :

— in the case of currencies held at any given moment within a band of 2-25 % , teh central Article 10 rate ; — in all other cases, the average spot exchange rate 1 . Without prejudice to Article 15 (2), the compe­ during a week ending on the Tuesday immediately tent authority of the exporting Member State shall preceding the final date for the submission of make a provisional payment to the successful tenderer tenders . equal to 90 % of the price quoted in his tender, on production by him of proof that the lot of sugar in Article 9 question has been delivered, within the meaning of Article 9 (4), to the specified port of destination . This 1 . The price shall be for delivery on quayside or in proof shall consists of a certificate from a specialized lighter at the appropriate port of destination as speci­ international control and surveillance agency fied in the Annex hereto . approved by UNRWA.

24 . 11 . 76 Official Journal of the European Communities No L 325/9

In addition, the tenderer shall submit one copy of the (c) the obligation to apply to the Member State shipping document to the competent authority referred to in (a) for a licence as aforesaid for the referred to in the previous subparagraph. sugar in question and to deliver, that sugar in accordance with the terms of the notice of invita­ Final payment shall be made as soon as the said tion to tender. authority has received the documents drawn up by UNRWA certifying that the sugar has been delivered 2. The rights and obligations arising from the award of a contract shall not be transferable . to the stipulated port of destination on quayside or in lighter, in accordance with the prescribed conditions. Those documents shall be sent directly by UNRWA Article 14 to the said authority as soon as possible. 1 . The competent authorities shall immediately 2. If the export formalities in respect of the sugar notify all tenderers of the outcome of their tenders are completed in a Member State other than that in and shall also send a statement of award to every which the contract was awarded to the successful successful tenderer. tenderer, the competent authority of the exporting Member State shall for purposes of Article 7 immedi­ 2. The statement of award shall specify at least : ately inform the authority which awarded the contract (a) the reference numer of the invitation to tender ; of final payment in accordance with paragraph 1 . (b) the lot number ; (c) the price accepted, expressed in the currency of Article 11 the exporting Member State .

After examination of the tenders, the maximum price Article 15 for each lot of sugar for delivery shall be fixed in accordance with the procedure laid down in Article 36 1 . The successful tenderer shall be responsible for of Regulation (EEC) No 3330/74. A decision may, all operations arising from the award of a contract however, be taken to make no award in respect of a pursuant to this Regulation , and must in particular partial tender. inform the competent authority of the exporting Member State and UNRWA as soon as possible of : Article 12 (a) the name of the vessel and the date of loading ; (b) the expected date of arrival of the vessel at the 1 . Except where a decision is taken to make no port of destination . award in respect of a partial tender, and without preju­ dice to paragraph 2, the contract shall be awarded to The said authority must communicate that informa­ the tenderer whose tender, when converted into units tion to the Commission as quickly as possible and, of account, is the lowest for the lot in question , after where appropriate, to the authority which awarded the taking into account the adjustment referred to in contract . Article 8 (3). 2. Without prejudice to Article 7 (3) the price 2. Where there is more than one acceptable tender accepted shall be reduced by : at the same price for the same lot, the successful (a) 0-60 unit of account per 100 kg of sugar if the tenderer shall be chosen by drawing lots . sugar is of Grade 2 as defined in Regulation (EEC) No 793 /72 (') ; Article 13 (b) 0-10 unit of account per 100 kg of sugar per day if the sugar is delivered after the prescribed date, 1 . Every successful tenderer shall have : except where late delivery is recognized by the competent authority which awarded the tender as (a) the right to receive from the Member State in due to force majeure. which the tender was submitted an export licence in respect of the relevant quantity specifying that 3 . If the sugar is of a grade lower than that stipu­ the monetary compensatory amounts on exports lated in paragraph 2 (a) it shall be rejected at tenderer's risk . to third countries do not apply and bearing the endorsement 'Supplies to UNRWA for export from (exporting Member State indicated in the Article 16 tender) without levy or refund — Regulation (EEC) No 2825/76' ; This Regulation shall enter into force on 24 November 1976 . (b) subject as otherwise provided in this Regulation , the right to receive payment of the price quoted in the tender for the lot in question ; (') OJ No L 94, 21 . 4 . 1972, p. 1 .

No L 325/ 10 Official Journal of the European Communities 24. 11. 76

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

Done at Brussel, 23 November 1976.

For the Commission

P. J. LARDINOIS

Member of the Commission

ANNEX

Lot Port of loading Quality Port of destination Quantity (metric tons) Laste date for delivery (1)

A 1 1 400 Grade 1 Lattakia or Tartous 24 January 1977 Community ports (Syria)

A 2 Community ports 2 200 Grade 1 Aqaba (Jordan) 24 January 1977

A 3 Community ports 2 502 Grade 1 Ashdod or Haifa (Israel) 24 January 1977

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