31980R2969

No L 307/ 10 Official Journal of the European Communities 18 . 11 . 80

COMMISSION REGULATION (EEC) No 2969/80 of 17 November 1980 on a standing invitation to tender for the mobilization of Community white sugar for the United Nations Relief and Works Agency for Palestine refugees (UNRWA) as food aid

THE COMMISSION OF THE EUROPEAN application of monetary compensatory amounts (7), as COMMUNITIES , last amended by Regulation (EEC) No 1490/80 (8), provides that no monetary compensatory amounts Having regard to the Treaty establishing the European shall apply where products which are the subject of Economic Community, Community food-aid operations and mobilized on the Community market are exported to third countries ; Having regard to Council Regulation (EEC) No 3330/74 of 19 December 1974 on the common organi­ Whereas it should be laid down that export refunds zation of the market in sugar ( 1), as last amended by and levies are not applicable to this invitation to Regulation (EEC) No 1396/78 (2), and in particular tender ; Articles 17, 19 and 34 thereof,

Having regard to Council Regulation (EEC) No Whereas tenders may be submitted by tenderers estab­ 1010/ 80 of 21 April 1980 on the supply of sugar to lished in various Member States of the Community UNRWA as food aid (3), and in particular Article 1 (3) and may relate to sugar to be mobilized in those and (4) thereof, Member States ; whereas , in view of the situation regarding the currencies of Member States and in Having regard to Council Regulation No 129 on the order to ensure that tenders are closely comparable, value of the unit of account and the exchange rates to account should be taken of the effect upon each be applied for the purposes of the common agricul­ tender of the position of the currency of the Member tural policy (4), as last amended by Regulation (EEC) States where the customs export formalities will be No 2543/73 (5), and in particular Article 3 thereof, completed ;

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

Whereas Commission Regulation (EEC) No 1380/75 of 29 May 1975 laying down detailed rules for the 1 . A standing invitation to tender shall be issued for the supply to UNRWA, as Community food aid, ( 1 ) OJ No L 359, 31 . 12 . 1974, p. 1 . of a total quantity of 6 086 tonnes of white sugar (2 ) OJ No L 170 , 27 . 6 . 1978 , p. 1 . produced and in free circulation within the Commu 3 OJ No L 108 , 26 . 4. 1980 , p. 1 . («) OJ No 106, 30 . 10 . 1962, p . 2553/62. (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 . (7) OJ No L 139, 30 . 5 . 1975, p. 37 . h) OJ No L 94, 21 . 4. 1972, p. 1 . 8) OJ No L 148 , 14. 6 . 1980 , p. 37.

18 . 11 . 80 No L 307/ 11 Official Journal of the European Communities

nity and, during the period of that standing invitation, Article 5 partial invitations to tender shall be issued. The said quantity shall be split into six lots : Al to A6 . 1 . Member States shall draw up a notice of invita­ tion to tender. That notice shall be published in the 2. The standing invitation shall relate to the price Official Journal of the European Communities. of each of lots Al to A6 to be delivered to the port of Member States may also publish it or arrange for it to unloading, on quayside or in lighter. The said lots be published elsewhere . shall be made up as stated in the Annex. The sugar 2. The said notice shall be published only for the must be of standard quality as defined in Article 1 of purpose of opening the standing invitation to tender. Regulation (EEC) No 793/72. 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 if the terms of the invitation to tender are amended of the quantity referred to in paragraph 1 . during that period of validity. '

Article 2 3 . The notice shall indicate in particular the terms of the invitation to tender . Partial tenders during the period of the standing invita­ tion shall be organized in accordance with Regulation Article 6 (EEC) No 1010/80 and with the following provisions.

1 . Tenderers may either deliver written tenders in Article 3 person to the competent authority of the Member State in question against a receipt, or address them to The standing invitation to tender shall remain open the competent authority by registered letter, telex or until the date of the partial tender at which are telegram . awarded contracts for the prices of the lots referred to 2 . Tenders shall state : in Article 1 , or, if necessary, the price of the remaining lot. In that case the standing invitation (a) the reference number of the invitation to tender ; shall thereupon automatically close with effect from (b) the reference number of the lot ; that date . (c) the name and address of the tenderer ; Article 4 (d) the price proposed for the lot in question, expressed in the currency of the Member State 1 . Tenders in respect of the first partial award may referred to in (e) ; be submitted from the day of publication of the (e) the Member State in which the tenderer, in the standing invitation to tender in the Official Journal event of his being successful, intends to complete of the European Communities until 26 November the customs formalities for the export of the 1980 at 10 a.m . sugar ; ( f) the amount of the security for tender to be lodged 2. tor subsequent partial awards tenders may be at least for the relevant lot expressed in the submitted : currency of the Member State where the tender is submitted . (a) from the first working day following the expiry of the preceding period for the submission of 3 . A tender shall be valid only if : tenders ; (b) until the Wednesday of the following week at 10 (a) it relates to the price referred to in Article 9 ; a.m . (b) before the time limit for the submission of tenders, proof is furnished that the security for 3 . By way of derogation from paragraph 2 (b), the tender referred to in Article 7 has been provided ; period for the submission of tenders which would (c) it includes a declaration by the tenderer that, if otherwise end on Wednesday, 24 December 1980 awarded a contract, he will deliver the sugar in shall end on Tuesday, 23 December 1980 at 10 a.m . accordance with the provisions of this Regulation and export if from the Member State referred to in By way of derogation from paragraph 2, a partial invi­ tation to tender in the period ending on Wednesday, paragraph 2 (e) ; 31 December 1980 shall not be issued . (d) it includes all the particulars specified in para­ graph 2 . 4 . The time limits set in this Article shall be : 4. Any tender which is not submitted in accor­ (a) shortened by one hour in Ireland and the United dance with the provisions of this Article, or which Kingdom in the period during which summer contains terms other than those indicated in the time does not apply in those Member States ; notice of invitation to tender, shall not be considered . (b) extended by one hour in the other Member States when they apply summer time . 5 . Once submitted , a tender may not be withdrawn .

No L 307/ 12 Official Journal of the European Communities 18 . 11 . 80

Article 7 — in all other cases, the average spot exchange rates during a period from the Wednesday of one week 1 . The security for tender shall be 37 500 ECU for to the Tuesday of the following week being the lot Al , 59 800 ECU for lot A2, 72 250 ECU for lot period immediately preceding the final date for A3 , 34 750 ECU for lot A4 and 50 000 ECU for each the submission of tenders . of lots A5 and A6 .

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

4. In case of force majeure, the competent 'White sugar / Gift of the European Economic authority shall take such action as it considers neces­ Community to UNRWA / For free distribution to sary having regard to the circumstances invoked by Palestine refugees'. the tenderer. 3 . The sugar in question must have been produced 5. In the case referred to in paragraph 3 (a), the and put into free circulation within the Community. security shall be released when final payment is made 4 . The sugar must be delivered not later than the as provided in Article 10 ( 1 ) ; in the case referred to in date and at the ports stated in the Annex. For the paragraph 3 (b) the security shall be released forth­ with . purposes of this paragraph delivery shall be con­ sidered as having been effected when the ship has Article 8 entered the specified port of unloading with the goods still on board . 1 . Tenders shall be examined in private session by If contracts are not awarded for the prices of the lots the competent authority. Subject to paragraph 2, of sugar at the first partial award, the date of delivery persons present at the examination shall be under an shall be deferred for a period equal to that running obligation not to disclose any particulars relating from the date of the first partial award until the date thereto . of the partial award at which contracts are awarded. 2. The tenders shall be communicated, without 5. Sampling and analysis shall be carried out by names attached thereto, to the Commission without experts approved by the authorities of the Member delay. State referred to in Article 15(1 ). All costs of weighing, sampling and quality control at the time of 3 . In order that the tenders may be directly compar­ loading shall be paid by that Member State. That State able, each one shall be adjusted as necessary by the shall collect from the successful tenderer a fixed monetary compensatory amount applicable to white charge in respect of the said costs : 907 ECU for lot sugar, on the closing date for the submission of Al , 1 446 ECU for lot A2, 1 747 ECU for lot A3 , 840 tenders, for exports from the Member State referred to ECU for lot A4 and 1 209 ECU for each of lots A5 in Article 6 (2) (e). Such adjustment shall be made by : and A6, which charges the tenderer should therefore — increasing the price in the case of tenders speci­ include in his tender. The fixed charge shall be paid fying a Member State whose currency has depreci­ at the time of exportation . 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 tent authority of the exporting Member State shall The rates used for converting the tenders thus make a provisional payment to the successful tenderer corrected into ECU would be : equal to 90 % of the price quoted in his tender, on — in the case of currencies held at any given production by him of proof that the relevant lot of moment within a band of 2-25 % , the central rate, sugar has arrived, within the meaning of Article 9 (4),

8 . 11 . 80 Official Journal of the European Communities No L 307/ 13

it the specified port of unloading. This proof shall Supplies to UNRWA for export from . . . :onsist of a certificate from UNRWA or a specialized (exporting Member State indicated in the tender) nternational control and surveillance agency without levy or refund — Regulation (EEC) No ipproved by UNRWA. The certificate shall be made 2969/80' ; Dut in particular on the basis of the relevant transport (b) subject as otherwise provided in this Regulation, documents together with an estimate of the quantity the right to receive payment of the price quoted in }f sugar in question. the tender for the lot in question ; [n addition, the tenderer shall submit one copy of the (c) the obligation to apply to the Member State referred to in (a) for a licence as aforesaid for the shipping document to the competent authority sugar in question and to deliver that sugar in referred to in the first subparagraph. accordance with the terms of the notice of invita­ tion to tender. Final payment shall be made as soon as the said authority has received the documents drawn up by 2. The rights and obligations arising from the UNRWA certifying that the sugar has been delivered 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 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 the purposes of Article 7 2. The statement of award shall specify at least : immediately inform the authority which awarded the (a) the reference number of the invitation to tender ; contract of final payment in accordance with para­ (b) the reference number of the lot ; graph 1 . (c) the price accepted expressed in the currency of the exporting Member State. Article 11

Article 15 After examination of the tenders, the maximum price for each of the lots of sugar for delivery shall be fixed 1 . The successful tenderer shall be responsible for in accordance with the procedure laid down in Article 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 inform the competent authority of the exporting partial tender. 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 unloading. 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 ECU, tion to the Commission as quickly as possible and, is the lowest for the relevant lot after taking into where appropriate, to the authority which awarded the contract . account tenderer adjustment referred to in 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 012 ECU per 100 kilo­ at the same price for the same lot, the successful grams of sugar per day if the sugar is delivered after tenderer shall be chosen by drawing lots. the prescribed date, except where late delivery is recog­ nized by the competent authority which awarded the tender as due to force majeure. Article 13 3 . If the sugar is of a quality lower than the 1 . Every successful tenderer shall have : standard quality it shall be rejected at the tenderer's risk . (a) the right to receive, from the Member State in which the tender was submitted, an export licence Article 16 in respect of the relevant quantity specifying that the monetary compensatory amounts on exports to third countries do not apply and bearing the This Regulation shall enter into force on 18 endorsement : November 1980 .

No L 307/ 14 Official Journal of the European Communities 18 . 11 . 80

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

Done at Brussels, 17 November 1980 .

For the Commission

Finn GUNDELACH

Vice-President

18 . 11 . 80 Official Journal of the European Communities No L 307 / 15

ANNEX

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

A 1 750 2 31 January 1981 Community ports Lattakia or Tartous (Syria)

A2 1 196 2 Community ports Aquaba (Jordan) 31 January 1981

A 3 1 445 2 Ashdod (2) (Israel) 31 January 1981 Community ports

A 4 695 2 Community ports Lattakia or Tartous (Syria) 30 April 1981

A 5 Community ports 1000 2 Aquaba (Jordan) 30 April 1981

A 6 Community ports 1 000 2 Ashdod (2) (Israel) 30 April 1981

(') 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 .