31977R2483

11 . 11 . 77 Official Journal of the European Communities No L 287/ 15

COMMISSION REGULATION (EEC) No 2483/77 of 10 November 1977 on a standing invitation to tender for the mobilization of Community white sugar for UNRWA as food aid

THE COMMISSION OF THE EUROPEAN Community food aid operations and mobilized on the COMMUNITIES, Community market, are exported to third countries ;

Having regard to the Treaty establishing the European Whereas it should be laid down that export refunds Economic Community, are not applicable to this invitation to tender ;

Having regard to Council Regulation (EEC) No Whereas tenders may be submitted by tenderers esta­ 3330/74 of 19 December 1974 on the common organi­ blished in various Member States of the Community zation of the market in sugar ('), as last amended by and may relate to sugar to be mobilized in those Regulation (EEC) No 11 10/77 (2), and in particular Member States ; whereas, in view of the situation Articles 17, 19 and 34 thereof, regarding the currencies of Member States and in order to ensure that tenders are closely comparable, account should be taken of the effect upon each Having regard to Council Regulation (EEC) No tender of the position of the currency of the Member 1034/76 of 30 April 1976 on the supply of white State where the customs export formalities will be sugar to UNRWA as food aid (3), and in particular completed ; 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 'UNRWA', for Palestine refugees of white sugar lation No 129 on the value of the unit of account and 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 (7), as last amended by sugar should be of Grade 1 as defined in Commission Regulation (EEC) No 2543/73 (8) ; Regulation (EEC) No 2103/77 of 23 September 1977 laying down detailed rules for the buying-in by inter­ vention agencies of sugar manufactured from beet and Whereas the measures provided for in this Regulation cane harvested in the Community (4) ; are in accordance with the opinion of the Manage­ 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 Article 1 tender should be followed ;

1 . A standing invitation to tender is being opened Whereas Commission Regulation (EEC) No 1380/75 for the supply to UNRWA, as Community food aid, of 29 May 1975 laying down detailed rules for the of a total of 6 102 tonnes of white sugar produced and application of monetary compensatory amounts (5), as in free circulation within the Community, and during last amended by Regulation (EEC) No 1 556/77 (6), the period of validity of the standing invitation they provides that no monetary compensatory amounts shall each week organize partial tenders. shall apply where products which are the subject of

(') OJ No L 359, 31 . 12. 1974, p. 1 . The said quantity shall be divided into four lots, Al , (2) OJ No L 134, 28 . 5. 1977, p. 1 . A2, A3 and A4. (') OJ No L 118, 5. 5. 1976, p. 1 . (4) OJ No L 246, 27. 9 . 1977, p. 12. (5) OJ No L 139, 30. 5. 1975, p. 37. (7) OJ No 106, 30. 12. 1962, p. 2553/62. (b) OJ No L 173, 13 . 7. 1977, p. 10 . (8) OJ No L 263, 19 . 9. 1973, p. 1 .

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2. The standing invitation shall relate to the price The notice may be amended during the period of of each of lots Al , A2, A3 and A4, delivered to the validity of the standing invitation . It shall be amended port of destination, on quayside or in lighter. The if the terms of the invitation to tender are amended composition of the lots shall be as stated in the during that period of validity. Annex hereto. The sugar must be of Grade 1 as defined in Article 12 ( 1 ) of Regulation (EEC) No 3 . The notice shall indicate in particular the terms 2103/77. of the invitation to tender.

3. No export refund shall apply in respect of the Article 6 > quantity referred to in paragraph 1 . 1 . Tenderers may either deliver written tenders in Article 2 person to the competent authority of the Member State in question against a receipt, or address them to Partial tenders during the period of validity of the the competent authority by registered letter, telex or standing invitation shall be organized in accordance telegram . with Regulation (EEC) No 1034/76 and with the following provisions. 2 . Tenders shall state :

Article 3 (a) the reference number of the invitation to tender ; (b) the lot number ; The standing invitation to tender shall remain open (c) the name and address of the tenderer ; until the date of the partial tender at which are awarded contracts for the prices of the lots referred to (d) the price proposed for the lot in question, in Article 1 or, as the case may be, at which is expressed in the currency of the Member State awarded a contract for the remaining lot. The standing referred to in (e) ; invitation shall thereupon automatically close with (e) the Member State in which the tenderer, in the effect from that date . event of his being successful, intends to complete the customs formalities for the export of the sugar. Article 4 3 . A tender shall be valid only if : 1 . Tenders in respect of the first partial award may (a) it relates to the price referred to in Article 1 (2) ; be submitted from the day of publication of the standing invitation to tender in the Official Journal (b) before the time limit for the submission of tenders of the European Communities until 23 November proof is furnished that the security for tender 1977 at 10 a.m . referred to in Article 7 has been provided ; (c) it includes a declaration by the tenderer that, if 2. For subsequent partial awards tenders may be submitted : awarded a contract, he will deliver the sugar in accordance with the provisions of this Regulation (a) from the first working day following the expiry of and export it from the Member State referred to in the preceding period for the submission of paragraph 2 (e). tenders, 4. Any tender which is not submitted in accor­ (b) until the Wednesday of the following week at 10 a.m . dance with the provisions of this Article, or which contains terms other than those indicated in the 3. By way of derogation from paragraph 2, no notice of invitation to tender, shall not be considered . partial award will be made on Wednesday, 28 December 1977 . 5 . Once submitted a tender may not be withdrawn .

4. The time limits set in this Article shall be Article 7 advanced by one hour in Ireland and the United Kingdom in the period during which summer time 1 . The security for tender shall be 20 000 units of does not apply in those Member States. account for lot Al , 32 600 units of account for lot A2, 90 600 units of account for lot A3 and 100 880 units Article 5 of account for lot A4 . 1 . Member States shall draw up a notice of invita­ 2. The security shall be provided, at the tenderer's tion to tender. That notice shall be published in the choice, either in cash or in the form of a guarantee by Official Journal of the European Communities. an establishment complying with the criteria laid Member States may also publish it or arrange for it to down by the Member State in which the tender is submitted . be published elsewhere.

2. The said notice shall be published only for the 3 . Except in case of force majeure, the security purpose of opening the standing invitation to tender. shall be released only if :

11 . 11 . 77 Official Journal of the European Communities No L 287/ 17

(a) the successful tenderer has delivered the sugar to 2. The sugar shall be supplied in new jute bags the port of destination, on quayside or in lighter, having the following specifications : in accordance with the prescribed conditions, and after production of copy No 1 of the export (a) of a minimum weight of 450 g and a net content licence duly endorsed and stamped by the compe­ of 50 kg lined inside with polyethylene of a tent authority of the Member State referred to in minimum thickness of 0-04 mm , or Article 6 (2) (e) ; (b) of a minimum weight of 420 g and a net content (b) the tender is not accepted. of 50 kg lined inside with polyethylene of a minimum thickness of 0-05 mm . 4. In case of force majeure, the competent 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 Economic Community to UNRWA / For the benefit 5. In the case referred to in paragraph 3 (a), the of Palestine refugees'. security shall be released when final payment is made 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 . If a contract is not awarded for any lot of sugar at the 2. The tenders shall be communicated without first partial award, the date of delivery shall be names attached thereto, to the Commission without deferred for a period equal to that running from the delay. date of the first partial award until the date of the partial award at which a contract is awarded. 3 . In order that the tenders may be directly compar­ 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 loading shall be paid by that Member State. That State — increasing the price in the case of tenders speci­ shall collect from the successful tenderer fixed charges fying a Member State whose currency has depreci­ in respect of the said costs of 500 units of account for ated, lot Al , 815 units of account for lot A2, 2 265 units of — reducing the price in the case of tenders speci­ account for lot A3 and 2 522 units of account for lot fying a Member State whose currency has appreci­ A4, which charges the tenderer should therefore ated . include in his tender. The appropriate fixed charge The rates used for converting the tenders thus shall be paid at the time of exportation . corrected into units of account shall be :

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

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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 number 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 States.

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) 010 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 to third countries do not apply and bearing the tenderer's risk . endorsement ' Supplies to UNRWA for export from (exporting Member State indicated in the Article 16 tender) without refund — Regulation ( EEC) No 2483 /77' ; This Regulation shall enter into force on 1 1 (b) subject as otherwise provided in this Regulation , November 1977 . 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 .

11 . 11 . 77 Official Journal of the European Communities No L 287/ 19

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

Done at Brussels, 10 November 1977.

For the Commission

Finn GUNDELACH Vice-President

ANNEX

Quantity Latest date Lot Port of loading Quality Port of destination (tonnes) for delivery (')

Al Community ports 500 Grade 1 Beirut (Lebanon) or Lattakia or Tartous (Syria) 16 January 1978 A2 Community ports 815 Grade 1 Lattakia or Tartous (Syria) 16 January 1978 A3 Community ports 2 265 Grade 1 Aqaba (Jordan) 16 January 1978 A4 Community ports 2 522 Grade 1 Ashdod (Israel) 16 January 1978

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