31978R2094

No L 243 /6 Official Journal of the European Communities 5 . 9 . 78

COMMISSION REGULATION ( EEC) No 2094/ 78 of 1 September 1978 on a standing invitation to tender for the mobilization of Community white sugar for UNRWA as food aid

THE COMMISSION OF THE EUROPEAN Whereas tenders may be submitted by tenderers esta­ COMMUNITIES , blished in various Member States of the Community and may relate to sugar to be mobilized in those Having regard to the Treaty establishing the European Member States ; whereas, in view of the situation Economic Community, regarding the currencies of Member States and in order to ensure that tenders are closely comparable, Having regard to Council Regulation ( EEC) No account should be taken of the effect upon each 3330 / 74 of 19 December 1974 on the common organi­ tender of the position of the currency of the Member zation of the market in sugar ('), as last amended by State where the customs export formalities will be Regulation (EEC) No 1 396/78 (2), and in particular completed ; Articles 17 , 19 and 34 thereof,

Whereas the Monetary Committee will be consulted ; Having regard to Council Regulation (EEC) No whereas, owing to the urgency of the matter, the 1034/76 of 30 April 1976 on the supply of white proposed measures should be adopted under the sugar to UNRWA as food aid (3), and in particular conditions laid down in Article 3 (2) of Council Regu­ Article 1 (3) and (4) thereof, lation No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of Whereas Article 1 ( 1 ) of Regulation (EEC) No 1034/76 the common agricultural policy ( 7), as last amended by provides for the supply to the United Nations Relief Regulation ( EEC) No 2543/73 (8) ; and Works Agency, hereinafter referred to as ' UNRWA', for Palestine refugees of white sugar produced and in free circulation within the Commu­ Whereas the measures provided for in this Regulation nity ; whereas that white sugar should be of standard are in accordance with the opinion of the Manage­ quality as defined in Council Regulation (EEC) No ment Committee for Sugar, 793/72 of 17 April 1972 fixing the standard quality for white sugar (4) ;

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 HAS ADOPTED THIS REGULATION : tion ;

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

1 . A standing invitation to tender shall be issued 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 lot of 40 tonnes of white sugar produced and in application of monetary compensatory amounts (5), as free circulation within the Community and, during last amended by Regulation ( EEC) No 1 947/78 (6), the period of that standing invitation , partial invita­ provides that no monetary compensatory amounts tions to tender shall be issued each week . shall apply where products which are the subject of Community food aid operations and mobilized on the Community market are exported to third countries ; 2. The standing invitation shall relate to the price of the lot to be delivered to the port of destination , on Whereas it should be laid down that export refunds quayside or in lighter. The sugar must be of standard are not applicable to this invitation to tender ; quality as defined in Article 1 of Regulation ( EEC) No 793 /72 . The port of destination is, at the successful («) OJ No L 359, 31 . 12 . 1974, p. 1 . tenderer's choice, Beirut or Tripoli ( Lebanon), Lattakia (2 ) OJ No L 170, 27. 6 . 1978 , p. 1 . or Tartous (Syria). (3) OJ No L 1 18 , 5. 5 . 1976, p. 1 . (4) OJ No L 94, 21 . 4. 1972, p. 1 . (5 ) OJ No L 139 , 30 . 5. 1975, p . 37. (0 OJ No 106 , 30 . 12 . 1962, p. 2553/62 . (<■) OJ No L 221 , 12. 8 . 1978 , p . 14. (s) OJ No L 263 , 19 . 9 . 1973 , p . 1 .

5 . 9 . 78 Official Journal of the European Communities No L 243 /7

3 . No export refund shall apply in respect of the Member States may also publish it or arrange for it to quantity referred to in paragraph 1 . be published elsewhere .

2. The said notice shall be published only for the Article 2 purpose of opening the standing invitation to tender. Partial tenders during the period of the standing invita­ The notice may be amended during the period of tion shall be organized in accordance with Regulation validity of the standing invitation . It shall be amended ( EEC) No 1034/ 76 and with the following provisions . if the terms of the invitation to tender are amended during that period of validity . Article 3 3 . The notice shall indicate in particular the terms The standing invitation to tender shall remain open of the invitation to tender. until the date of the partial tender at which is awarded a contract for the price of the lot referred to in Article Article 6 1 . In that case the standing invitation shall thereupon automatically close with effect from that date . 1 . Tenderers may either deliver written tenders in person to the competent authority of the Member Article 4 State in question against a receipt, or address them to 1 . Tenders in respect of the first partial award may the competent authority by registered letter, telex or be submitted from the day of publication of the telegram . standing invitation to tender in the Official Journal 2 . Tenders shall state : of the European Communities until 20 September 1978 at 10 a.m . (a) the reference number of the invitation to tender ;

2. For subsequent partial awards tenders may be (b) the name and address of the tenderer ; submitted : (c) the price proposed for the lot in question, (a) from the first working day following the expiry of expressed in the currency of the Member State the preceding period for the submission of referred to in (d) ; tenders ; (d) the Member State in which the tenderer, in the (b) until the Wednesday of the following week at 10 event of his being successful, intends to complete a.m . the customs formalities for the export of the sugar.

3 . By way of derogation from paragraph 2 (b), the 3 . A tender shall be valid only if : period for the submission of tenders : (a) it relates to the price referred to in Article 9 ; (a) due to expire on Wednesday, 1 November 1978 , (b) before the time limit for the submission of tenders shall expire on Tuesday, 31 October 1978 at 10 a.m . ; proof is furnished that the security for tender referred to in Article 7 has been provided ; (b) due to expire on Wednesday, 15 November 1978 , shall expire on Tuesday, 14 November 1978 at 10 (c) it includes a declaration by the tenderer that, if a.m . ; awarded a contract, he will deliver the sugar in accordance with the provisions of this Regulation (c) due to expire on Wednesday, 22 November 1978, and export it from the Member State referred to in shall expire on Tuesday, 21 November 1978 at 10 paragraph 2 (d). a.m . 4. Any tender which is not submitted in accor­ 4. By way of derogation from paragraph 2, no dance with the provisions of this Article, or which partial award will be made on Wednesday, 27 contains terms other than those indicated in the December 1978 . notice of invitation to tender, shall not be considered . 5 . The time limits set in this Article shall be : 5 . Once submitted a tender may not be withdrawn . (a) shortened by one hour in Ireland and the United Kingdom in the period during which summer Article 7 time does not apply in those Member States ; (b) extended by one hour in the other Member States 1 . The security for tender shall be 1 600 units of when they apply summer time . account .

Article 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 Official Journal of the European Communities. submitted .

No L 243 / 8 Official Journal of the European Communities 5 . 9 . 78

3 . Except in case of force majeure, the security A rticle 9 shall be released only if : 1 . The price shall be for delivery on quayside or in (a) the successful tenderer has delivered the sugar to lighter at the appropriate port of destination chosen the port of destination , on quayside or in lighter, by the successful tenderer, sugar on quayside or in in accordance with the prescribed conditions, and lighter and in bags . after production of copy No 1 of the export licence duly endorsed and stamped by the compe­ 2. The sugar shall be supplied in new jute bags tent authority of the Member State referred to in having the following specifications : Article 6 (2) (d) ; (a) of a minimum weight of 450 g and a net content (b) the tender is not accepted . of 50 kg lined inside with polyethylene of a minimum thickness of 0-04 mm ; or 4. In case of force majeure, the competent (b) of a minimum weight of 420 g and a net content authority shall take such action as it considers neces­ of 50 kg lined inside with polyethylene of a sary having regard to the circumstances invoked by minimum thickness of 0 05 mm . the tenderer.

The bags shall be clearly and indelibly marked on the 5. In the case referred to in paragraph 3 (a), the outside : x security shall be released when final payment is made White sugar/Gift of the European Economic Commu­ as provided in Article 10 ( 1 ) ; in the case referred to in nity to UNRWA / For free distribution to Palestine paragraph 3 (b) the security shall be released forth­ with . refugees .'

3 . The sugar in question must have been produced and put into free circulation within the Community. Article 8

4. The sugar must be delivered to the port of desti­ 1 . Tenders shall be examined in private session by nation by 20 November 1978 . For the purposes of this the competent authority. Subject to paragraph 2, paragraph delivery shall be considered as having been persons present at the examination shall be under an effected when the ship has entered the specified port obligation not to disclose any particulars relating of destination with the goods still on board. thereto . If a contract is not awarded for the price of the lot of 2. The tenders shall be communicated, without sugar at the first partial award, the date of delivery names attached thereto, to the Commission without shall be deferred for a period equal to that running delay. from the 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 5 . Sampling and analysis shall be carried out by monetary compensatory amount applicable to exports experts approved by the authorities of the Member of white sugar from the Member State referred to in State referred to in Article 15 ( 1 ). All costs of Article 6 (2) (d) on the closing date for the submission weighing, sampling and quality control at the time of of tenders. Such adjustment shall be made by : loading shall be paid by that Member State. That State shall collect from the successful tenderer a fixed — increasing the price in the case of tenders speci­ charge in respect of the said costs of 40 units of fying a Member State whose currency has depreci­ account, which charge the tenderer should therefore ated, include in his tender. The fixed charge shall be paid at the time of exportation . — reducing the price in the case of tenders speci­ fying a Member State whose currency has appreci­ ated . Article 10

The rates used for converting the tenders thus 1 . Without prejudice to Article 15 (2), the compe­ corrected into units of account shall be : tent authority of the exporting Member State shall make a provisional payment to the successful tenderer — in the case of currencies held at any given equal to 90 % of the price quoted in his tender, on moment within a band of 2 25 % , the central rate , production by him of proof that the lot of sugar has — in all dther cases, the average spot exchange rate arrived, within the meaning of Article 9 (4), at the during a week ending on the Tuesday immediately specified port of destination . This proof shall consist preceding the final date for the submission of of a certificate from a specialized international control tenders . and surveillance agency approved by UNRWA.

5 . 9 . 78 No L 243 /9 Official Journal of the European Communities

In addition, the tenderer shall submit one copy of the (b) subject as otherwise provided in this Regulation , shipping document to the competent authority the right to receive payment of the price quoted in referred to in the previous subparagraph . the tender for the lot ;

(c) the obligation to apply to the Member State Final payment shall be made as soon as the said referred to in (a) for a licence as aforesaid for the authority has received the documents drawn up by sugar in question and to deliver that sugar in accor­ UNRWA certifying that the sugar has been delivered dance with the terms of the notice of invitation to to the stipulated port of destination on quayside or in tender . lighter, in accordance with the prescribed conditions. Those documents shall be sent directly by UNRWA 2. The rights and obligations arising from the to the said authority as soon as possible. award of a contract shall not be transferable .

2. If the export formalities in respect of the sugar are completed in a Member State other than that in Article 14 which the contract was awarded to the successful tenderer, the competent authority of the exporting 1 . The competent authorities shall immediately Member State shall for the purposes of Article 7 imme­ notify all tenderers of the outcome of their tenders diately inform the authority which awarded the and shall also send a statement of award to every contract of final payment in accordance with para­ successful tenderer. graph 1 . 2. The statement of award shall specify at least :

Article 11 (a) the reference number of the invitation to tender ;

(b) the price accepted, expressed in the currency of After examination of the tenders, the maximum price the exporting Member States. for the lot of sugar for delivery shall be fixed in accor­ dance with the procedure laid down in Article 36 of Regulation (EEC) No 3330/74. A decision may, Article 15 however, be taken to make no award in respect of a partial tender. 1 . The successful tenderer shall be responsible for all operations arising from the award of a contract pursuant to this Regulation , and must in particular Article 12 inform the competent authority of the exporting Member State and UNRWA as soon as possible of :

1 . Except where a decision is taken to make no (a) the name of the vessel and the date of loading ; award in respect of a partial tender, and without preju­ dice to paragraph 2, the contract shall be awarded to (b) the expected date of arrival of the vessel at the the tenderer whose tender, when converted into units port of destination . of account, is the lowest for the lot after taking into account the adjustment referred to in Article 8 (3). The said authority must communicate that informa­ tion to the Commission as quickly as possible and, 2. Where there is more than one acceptable tender where appropriate, to the authority which awarded the contract . at the same price for the same lot, the successful tenderer shall be chosen by drawing lots. 2. Without prejudice to Article 7 (3) the price accepted shall be reduced by 0-10 unit of account per 100 kg of sugar per day if the sugar is delivered after Article 13 the prescribed date, except where late delivery is recog­ nized by the competent authority which awarded the 1 . Every successful tenderer shall have : tender as due to force majeure.

(a) the right to receive from the Member State in 3 . If the sugar is of a quality lower than the which the tender was submitted an export licence standard quality it shall be rejected at the tenderer's in respect of the relevant quantity specifying that risk . the monetary compensatory amounts on exports to third countries do not apply and bearing the endorsement : Article 16 'Supplies to UNRWA for export from ... (exporting Member State indicated in the tender) This Regulation shall enter into force on 8 September 1978 . without refund — Regulation (EEC) No 2094/78' ;

No L 243 / 10 5 . 9 . 78 Official Journal of the European Communities

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

Done at Brussels, 1 September 1978 .

For the Commission

Finn GUNDELACH

Vice-President