31980R1811

11 . 7 . 80 No L 177/ 13 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1811/80

of 9 July 1980

on a standing invitation to tender for the mobilization of Community white sugar for UNRWA as food aid

THE COMMISSION OF THE EUROPEAN last amended by Regulation (EEC) No 1490/80 (8), COMMUNITIES, provides that no monetary compensatory amounts shall apply where products which are the subject of Having regard to the Treaty establishing the European Community food aid operations and mobilized on the Economic Community, Commuity market are exported to third countries ;

Having regard to Council Regulation (EEC) No Whereas it should be laid down that export refunds 3330/74 of 1 9 December 1974 on the common organi­ and levies are not applicable to this invitation to zation of the market in sugar (!), at last amended by tender ; Regulation (EEC) No 1396/78 (2), and in particular Articles 17, 19 and 34 thereof, Whereas tenders may be submitted by tenderers esta­ Having regard to Council Regulation (EEC) No blished in various Member States of the Community 1010/80 of 21 April 1980 on the supply of sugar to and may relate to sugar to be mobilized in those UNRWA as food aid (3), and in particular Article 1 (3) Member States ; whereas, in view of the situation and (4) thereof, regarding the currencies of Member States and in order to ensure that tenders are closely comparable, Having regard to Council Regulation No 129 on the account should be taken of the effect upon each value of the unit of account and the exchange rates to tender of the position of the currency of the Member be applied for the purposes of the common agricul­ State where the customs export formalities will be tural policy (4), as last amended by Regulation (EEC) completed ; No 2543/73 (5), and in particular Article 3 thereof,

Whereas the Monetary Committee will be consulted ; Having regard to the opinion of the Monetary Committee, whereas, owing to the urgency of the matter, the proposed measures should be adopted under the Whereas Article 1 ( 1 ) of Regulation (EEC) No 1010/80 conditions laid down in Article 3 (2) of Council Regu­ lation No 129 on the value of the unit of account and provides for the supply to the United Nations Relief and Works Agency for Palestine refugees, hereinafter the exchange rates to be applied for the purposes of referred to as 'UNRWA', of white sugar produced and the common agricultural policy, as last amended by in free circulation within the Community ; whereas Regulation (EEC) No 2543/73 ; that white sugar should be of standard quality as defined in Council Regulation (EEC) No 793/72 of 17 Whereas the measures provided for in this Regulation April 1972 fixing the standard quality for white are in accordance with the opinion of the Manage­ sugar (6) ; ment Committee for Sugar,

Whereas Article 2 of Regulation (EEC) No 1010/80 lays down that the Community shall meet the costs of the sugar and of its transport to the port of unloading ; 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 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 total quantity of 6 086 tonnes of white sugar application of monetary compensatory amounts ( 7), as produced and in free circulation within the Commu­ nity and, during the period of that standing invitation, 1 ) OJ No L 359, 31 . 12. 1974, p. 1 . 2) OJ No L 170 , 27. 6. 1978, p. 1 . partial invitations to tender shall be issued. The said 3) OJ No L 108 , 26. 4. 1980, p. 1 . quantity shall be split into three lots designated Al , *) OJ No 106, 30 . 10 . 1962, p. 2553/62. A2 and A3 . 5) OJ No L 263, 19. 9 . 1973, p. 1 . ') OJ No L 94, 21 . 4. 1972, p. 1 . 7) OJ No L 139, 30 . 5 . 1975, p. 37. (8) OJ No L 148 , 14. 6. 1980, p. 37.

No L 177/ 14 11 . 7 . 80 Official Journal of the European Communities

2. The standing invitation shall relate to the price The notice may be amended during the period of of each of lots Al , A2, and A3 to be delivered to the validity of the standing invitation . It shall be amended port of unloading, on quayside or in lighter. The said if the terms of the invitation to tender are amended lots shall be made up as stated in the Annex. The during that period of validity. sugar must be of standard quality as defined in Article 1 of Regulation (EEC) No 793/72. 3. The notice shall indicate in particular the terms of the invitation to tender. 3. No export levy or refund shall apply in respect of the quantity referred to in paragraph 1 . Article 6

Article 2 1 . Tenderers may either deliver written tenders in person to the competent authority of the Member Partial tenders during the period of the standing invita­ State in question against a receipt, or address them to tion shall be organized in accordance with Regulation the competent authority by registered letter, telex or (EEC) No 1010/80 and with the following provisions. telegram .

2 . Tenders shall state : Article 3 (a) the reference number of the invitation to tender ; The standing invitation to tender shall remain open (b) the reference number of the lot ; until the date of the partial tender at which are awarded contracts for the prices of the lots referred to (c) the name and address of the tenderer ; in Article 1 , or, if necessary, the price of the (d) the price proposed for the lot in question, remaining lot. In that case the standing invitation expressed in the currency of the Member State shall thereupon automatically close with effect from referred to in (e) ; that date . (e) the Member State in which the tenderer, in the event of his being successful, intends to complete Article 4 the customs formalities for the export of the sugar ; 1 . Tenders in respect of the first partial award may (f) the amount of the security for tender to be lodged be submitted from the day of publication of the at least for the relevant lot expressed in the standing invitation to tender in the Official Journal currency of the Member State where the tender is of the European Communities until 16 July 1980 at submitted . 10 a.m .

3. A tender shall be valid only if : 2. For subsequent partial awards tenders may be submitted : (a) it relates to the price referred to in Article 9 ; (a) from the first working day following the expiry of (b) before the time limit for the submission of tenders the preceding period for the submission of proof is furnished that the security for tender tenders ; referred to in Article 7 has been provided ; (b) until the Wednesday of the following week 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 3 . The time limits set in this Article shall be : and export it from the Member State referred to in paragraph 2 (e) ; (a) shortened by one hour in Ireland and the United Kingdom in the period during which summer (d) it includes all the particulars specified in para­ time does not apply in those Member States ; graph 2. (b) extended by one hour in the other Member States 4. Any tender which is not submitted in accor­ when they apply summer time. dance with the provisions of this Article, or which contains terms other than those indicated in the Article 5 notice of invitation to tender, shall not be considered .

1 . Member States shall draw up a notice of invita­ 5. Once submitted, a tender may not be withdrawn . tion to tender. That notice shall be published in the Official Journal of the European Communities. Article 7 Member States may also publish it or arrange for it to be published elsewhere . 1 . The security for tender shall be 69 000 ECU for 2. The said notice shall be published only for the lot Al , 131 050 ECU for lot A2 and 104 250 ECU for lot A3 . purpose of opening the standing invitation to tender.

11 . 7. 80 Official Journal of the European Communities No L 177/ 15

2. The security shall be provided, at the tenderers to the Tuesday of the following week being the choice, either in cash or in the form of a guarantee by period immediately preceding the final date for an establishment complying with the criteria laid the submission of tenders. down by the Member State in which the tender is submitted . Article 9 3. Except in case of force majeure, the security shall be released only if : 1 . The price shall be for delivery at the port of unloading, sugar in bags on quayside or in lighter for (a) the successful tenderer has delivered the sugar to the destination of each of the lots stated in the Annex. the port of unloading on quayside or in lighter, in accordance with the prescribed conditions, and 2. The sugar shall be supplied in new jute bags after production of copy No 1 of the export having the following specifications : licence duly endorsed and stamped by the compe­ (a) of a minimum weight of 450 g and a net content tent authority of the Member State referred to in of 50 kg lined inside with polyethylene of a Article 6 (2) (e) ; minimum thickness of 0-04 mm ; or (b) the tender is not accepted. (b) of a minimum weight of 420 g and a net content of 50 kg lined inside with polyethylene of a 4. In case of force majeure, the competent minimum thickness of 0-05 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 :

5. In the case referred to in paragraph 3 (a), the 'White sugar / Gift of the European Economic security shall be released when final payment is made Community to UNRWA / For free distribution to as provided in Article 10 ( 1 ) ; in the case referred to in Palestine refugees'. paragraph 3 (b) the security shall be released forth­ with . 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 not later than the date and at the ports stated 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 unloading with the goods obligation not to disclose any particulars relating still on board . thereto . If contracts are not awarded for the prices of the lots 2. The tenders shall be communicated, without of 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 contracts are 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 white experts approved by the authorities of the Member sugar, on the closing date for the submission of State referred to in Article 15 ( 1 ). All costs of tenders, for exports from the Member State referred to weighing, sampling and quality control at the time of in Article 6 (2) (e). 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 : as regards lot Al : fying a Member State whose currency has depreci­ 1 168 ECU, lot A2 : 3 169 ECU, lot A3 : 2 521 ECU, ated, which charges the tenderer should therefore include — reducing the price in the case of tenders speci­ in his tender. The fixed charge shall be paid at the fying a Member State whose currency has appreci­ time of exportation . ated .

The rates used for converting the tenders thus Article 10 corrected into ECU would be : 1 . Without prejudice to Article 15 (2), the compe­ — in the case of currencies held at any given tent authority of the exporting Member State shall moment within a band of 2-25 % , the central rate, make a provisional payment to the successful tenderer — in all other cases, the average spot exchange rates equal to 90 % of the ' price quoted in his tender, on during a period from the Wednesday of one week production by him of proof that the relevant lot of

No L 177/ 16 Official Journal of the European Communities 11 . 7 . 80

sugar has arrived, within the meaning of Article 9 (4), without levy or refund — Regulation (EEC) No at the specified port of unloading. This proof shall 1811 /80'; consist of a certificate from a specialized international (b) subject as otherwise provided in this Regulation, control and surveillance agency approved by the right to receive payment of the price quoted in UNRWA. the tender for the lot in question ;

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 accor­ dance with the terms of the notice of invitation to tender. Final payment shall be made as soon as the said 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 unloading 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 which the contract was awarded to the successful and shall also send a statement of award to every successful tenderer. tenderer, the competent authority of the exporting Member State shall for the purposes of Article 7 imme­ 2. The statement of award shall specify at least : diately inform the authority which awarded the contract of final payment in accordance with para­ (a) the reference number of the invitation to tender ; graph 1 . (b) the reference number of the lot ;

(c) the price accepted expressed in the currency of the Article 11 exporting Member State.

After examination of the tenders, the maximum price Article 15 for each of the lots of sugar for delivery shall be fixed in accordance with the procedure laid down in Article 1 . The successful tenderer shall be responsible for 36 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 ; 1 . Except where a decision is taken to make no (b) the expected date of arrival of the vessel at the award in respect of a partial tender, and without preju­ port of unloading. dice to paragraph 2, the contract shall be awarded to the tenderer whose tender, when converted into ECU, The said authority must communicate that informa­ is the lowest for the relevant lot after taking into tion to the Commission as quickly as possible and, account the adjustment referred to in Article 8 (3). where appropriate, to the authority which awarded the contract. 2. Where there is more than one acceptable tender at the same price for the same lot, the successful 2. Without prejudice to Article 7 (3) the price tenderer shall be chosen by drawing lots. accepted shall be reduced by 012 ECU per 100 kg of sugar per day if the sugar is delivered after the pre­ scribed date, except where late delivery is recognized Article 13 by the competent authority which awarded the tender as due to force majeure. 1 . Every successful tenderer shall have : 3 . If the sugar is of a quality lower than the (a) the right to receive from the Member State in standard quality it shall be rejected at the tenderer's which the tender was submitted an export licence risk . in respect of the relevant quantity specifying that the monetary compensatory amounts on exports to third countries do not apply and bearing the Article 16 endorsement : 'Supplies to UNRWA for export from . . . This Regulation shall enter into force on 1 1 July 1980 . (exporting Member State indicated in the tender)

11 . 7. 80 No L 177/ 17 Official Journal of the European Communities

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

Done at Brussels, 9 July 1980 .

For the Commission

Finn GUNDELACH

Vice-President

ANNEX

Reference No Quantity Deadline Port of shipment Quality Port of unloading of lot (tonnes) for delivery (')

A1 Community ports 1 380 2 Lattakia or Tartous 16 September 1980 (Syria)

A2 2 621 2 Community ports Aquaba (Jordan) 16 September 1980

A3 2 085 2 Ashdod (2) (Israel) Community ports 16 September 1980

(!) Without prejudice to the second subparagraph of Article 9 (4) of this Regulation. (2) In the case of this port, the lot must be pre-slung and presented in packings 1.10 m long, 1-10 m wide and 1 m high . This lot must not be delivered in containers.