31982R0434

No L 55/ 34 Official Journal of the European Communities 26 . 2 . 82

COMMISSION REGULATION ( EEC) No 434/82

of 25 February 1982

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 Q, as COMMUNITIES , amended by Regulation (EEC) No 2898/81 (8), provides that no monetary compensatory amounts shall apply Having regard to the Treaty establishing the European where products which are the subject of Community Economic Community, food-aid operations and are mobilized on the Commu­ nity market are exported to third countries ; Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization Whereas it should be laid down that export refunds of the markets in the sugar sector ('), as amended by and levies are not applicable to this invitation to Regulation (EEC) No 192/82 (2), and in particular tender ; Articles 18 , 19 and 39 thereof, Whereas tenders may be submitted by tenderers estab­ Having regard to Council Regulation (EEC) No lished in various Member States of the Community 3827/81 of 21 December 1981 on the supply of sugar and may relate to sugar to be mobilized in those to the United Nations Relief and Works Agency for Member States ; whereas, in view of the situation re­ Palestine Refugees (UNRWA) as food aid (3), and in garding the currencies of Member States and in order particular Article 1 (3) and (4) thereof, to ensure that tenders are closely comparable, account should be taken of the effect upon each tender of the Having regard to Council Regulation No 129 on the position of the currency of the Member States where value of the unit of account and the exchange rates to the customs export formalities will be completed ; be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) Whereas the Monetary Committee will be consulted ; No 2543/73 (s), and in particular Article 3 thereof, whereas, owing to the urgency of the matter the proposed measures should be adopted under the Having regard to the opinion of the Monetary conditions laid down in Article 3 (2) of Council Regu­ Committee, 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 3827/81 the common agricultural policy, as last amended by provides for the supply to UNRWA of white sugar Regulation (EEC) No 2543/73 ; produced and in free circulation within the Commu­ nity ; whereas that white sugar should be of standard Whereas the measures provided for in this Regulation quality as defined in Council Regulation (EEC) No are in accordance with the opinion of the Management 793/72 of 17 April 1972 fixing the standard quality for Committee for Sugar, white sugar (6) ;

Whereas Article 2 of Regulation (EEC) No 3827/81 lays down that the Community shall meet the costs of HAS ADOPTED THIS REGULATION : the sugar and of its transport to the port of unloading ;

Whereas, for purposes of mobilization of the goods by tender, the appropriate rules of the common organiza­ Article 1 tion of the markets in the sugar sector governing invi­ tations to tender should be followed ; 1 . A standing invitation to tender shall be issued for the supply to UNRWA, as Community food aid, of a Whereas Commission Regulation (EEC) No 1371 /81 total quantity of 3 405 tonnes of white sugar produced of 19 May 1981 laying down detailed rules for the and in free circulation within the Community and, during the period of that standing invitation, partial (') OJ No L 177, 1 . 7. 1981 , p . 4. invitations to tender shall be issued. The said quantity (2) OJ No L 21 , 29 . 1 . 1982, p . 1 . shall be split into three lots : A 1 to A 3 . 3 OJ No L 392, 31 . 12. 1981 , p . 1 . 0 OJ No 106, 30 . 10 . 1962, p . 2553/ 62. 0 OJ No L 263 , 19 . 9 . 1973 , p . 1 . 0 OJ No L 138 , 25 . 5. 1981 , p. 1 . (*) OJ No L 94, 21 . 4. 1972, p . 1 . (8) OJ No L 287, 8 . 10 . 1981 , p . 1 .

26 . 2 . 82 Official Journal of the European Communities No L 55/ 35

2. The standing invitation shall relate to the price 4 . The time limits laid down in this Article are of each of Lots A 1 to A 3 to be delivered to the port expressed in Belgian time . of unloading, on quayside or in lighter or in containers on quayside. The said lots shall be made up as stated Article 5 in the Annex. The sugar must be of standard quality as defined in Article 1 of Regulation (EEC) No 793/72. 1 . Member States shall draw up a notice of invita­ tion to tender. That notice shall be published in the 3 . No export levy or refund shall apply in respect of Official Journal of the European Communities. the quantity referred to in paragraph 1 . Member States may also publish it or arrange for it to be published elsewhere.

Article 2 2. The said notice shall be published only for the purpose of opening the standing invitation to tender. Partial tenders during the period of the standing invi­ The notice may be amended during the period of vali­ tation shall be organized in accordance with Regula­ dity of the standing invitation . It shall be amended if tion (EEC) No 3827/81 and with the following provi­ the terms of the invitation to tender are amended sions . during that period of validity.

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

The standing invitation to tender shall remain open Article 6 until the date of the partial tender at which are awarded contracts for the prices of the lots referred to 1 . Tenderers may either deliver written tenders in in Article 1 or, if necessary, the price of the remaining person to the competent authority of the Member lot. In that case the standing invitation shall thereupon State in question against a receipt, or address them to be automatically suspended with effect from that date . the competent authority by registered letter, telex or telegram .

Article 4 2 . Tenders shall state : (a) the reference number of the invitation to tender ; 1 . Tenders in respect of the first partial award may be submitted from the day of publication of the (b) the reference number of the lot ; standing invitation to tender in the Official Journal (c) the name and address of the tenderer ; of the European Communities until 10 March 1982 at 10.30 a.m . (d) the price proposed for the lot in question, expressed in the currency of the Member State 2. For subsequent partial awards tenders may be referred to in (e) ; submitted : (e) the Member State in which the tenderer, in the (a) from the first working day following the expiry of event of his being successful, intends to complete the preceding period for the submission of the customs formalities for the export of the sugar ; tenders ; (f) the amount of the security for tender to be lodged at least for the relevant lot expressed in the (b) until the Wednesday of the following week at 10.30 a.m . currency of the Member State where the tender is submitted . 3. By way of derogation from paragraph 2 (b), the 3 . A tender shall be valid only if : period for the submission of tenders which would otherwise end on : (a) it relates to the price referred to in Article 9 ; (b) before the time limit for the submission of tenders, (a) Wednesday, 17 March 1982 shall end on Thursday, 18 March 1982 at 10.30 a.m .; proof is furnished that the security for tender referred to in Article 7 has been provided ; (b) Wednesday, 28 April 1982 shall end on Tuesday, (c) it includes a declaration by the tenderer that, if 27 April 1982 at 10.30 a.m .; awarded a contract he will deliver the sugar in (c) Wednesday, 5 May 1982 shall end on Thursday, accordance with the provisions laid down and 6 May 1982 at 10.30 a.m .; export it from the Member State referred to in paragraph 2 (e) ; (d) Wednesday, 14 July and Wednesday, 21 July 1982 shall end on Tuesday, 13 July and Tuesday, 20 (d) it includes all the particulars specified in para­ July 1982 at 10.30 a.m . graph 2.

No L 55 / 36 Official Journal of the European Communities 26 . 2 . 82

4. Any tender which is not submitted in accordance tenders, for exports from the Member State referred to with the provisions of this Article or which contains in Article 6 (2) (e). Such adjustment shall be made by : terms other than those indicated in the notice of invi­ tation to tender, shall not be considered. — increasing the price in the case of tenders speci­ fying a Member State whose currency has depreci­ ated, 5. Once submitted, a tender may not be withdrawn. — reducing the price in the case of tenders specifying a Member State whose currency was appreciated. Article 7 The rates used for converting the tenders thus corrected into ECU would be : 1 . The security for tender shall be 70 250 ECU for Lot A 1 , 50 000 ECU for Lot A 2 and 50 000 ECU for — in the case of currencies held at any given moment Lot A 3 . within a band of 2-25 % , the central rate, — in all other cases, the average spot exchange rates 2. The security shall be provided at the tenderer's during a period from the Wednesday of one week choice, either in cash or in the form of a guarantee by to the Tuesday of the following week being the an establishment complying with the criteria laid period immediately preceding the final date for the down by the Member State in which the tender is submission of tenders . submitted.

3. Except in case of force majeure, the security shall Article 9 be released only if :

(a) the successful tenderer has delivered the sugar to 1 . The price shall be for delivery at the port of the port of unloading on quayside or in lighter or unloading, sugar in bags on quayside or in lighter or in containers on quayside, in accordance with the in containers on quayside, for the destination of each prescribed conditions, and after production of copy of the lots stated in the Annex . No 1 of the export licence duly endorsed and stamped by the competent authority of the 2. The sugar shall be supplied in new jute bags Member State referred to in Article 6 (2) (e) ; having the following specifications :

(b) the tender is not accepted. (a) of a minimum weight of 450 g and a net content of 50 kg lined inside with polyethylene of a 4. In case of force majeure, the competent authority minimum thickness of 0-04 mm, or shall take such action as it considers necessary having (b) of a minimum weight of 420 g and a net content regard to the circumstances invoked by the tenderer. of 50 kg lined outside with polyethylene of a minimum thickness of 0-05 mm . 5. In the case referred to in paragraph 3 (a), the security shall be released when final payment is made The bags shall be clearly and indelibly marked on the as provided in Article 10 (1 ) ; in the case referred to in outside : 'White sugar / Gift of the European paragraph 3 (b) the security shall be released forthwith. Economic Community to UNRWA / For free distribu­ tion to Palestine refugees'.

Article 8 3 . The sugar in question must have been produced and put into free circulation within the Community. 1 . Tenders shall be examined in private session by the competent authority. Subject to paragraph 2, 4. The sugar must be delivered not later than the persons present at the examination shall be under an date and at the ports stated in the Annex. For the obligation not to disclose any particulars relating purposes of this paragraph delivery shall be considered thereto . as having been effected when the ship has entered the specified port of unloading with the goods still on 2. The tenders shall be communicated, without board . names attached thereto, to the Commission without delay. If all contracts are not awarded for the prices of the lots of sugar at the first partial award, the date of 3 . In order that the tenders may be directly com­ delivery shall be deferred for a period equal to that parable, each one shall be adjusted as necessary by the running from the date of the first partial award until monetary compensatory amount applicable to white the date of the partial award at which contracts are sugar, on the closing date for the submission of awarded .

26. 2. 82 Official Journal of the European Communities No L 55/37

5. Sampling and analysis shall be carried out by Article 12 experts approved by the authorities of the Member State referred to in Article 15 ( 1 ). All costs of weighing, 1 . Except where a decision is taken to make no sampling and quality control at the time of loading award in respect of a partial tender, and without preju­ shall be paid by that Member State. That State shall dice to paragraph 2, the contract shall be awarded to the tenderer whose tender, when converted into collect from the successful tenderer a fixed charge in respect of the said costs : 1 699 ECU for Lot A 1 , ECU, is the lowest for the relevant lot after taking into 1 209 ECU for Lot A 2 and 1 209 ECU for Lot A 3, account tenderer adjustment referred to in which charges the tenderer should therefore include in Article 8 (3). his tender. The fixed charge shall be paid at the time 2. Where there is more than one acceptable tender of exportation. at the same price for the same lot, the successful tenderer shall be chosen by drawing lots.

Article 10 Article 13 1 . Without prejudice to Article 15 (2), the compe­ 1 . Every successful tenderer shall have : tent authority of the exporting Member State shall make a provisional payment to the successful tenderer (a) the right to receive, from the Member State in equal to 90 % of the price quoted in his tender, on which the tender was submitted, an export licence production by him of proof that the relevant lot of in respect of the relevant quantity specifying that sugar has arrived, within the meaning of Article 9 (4), the monetary compensatory amounts on exports to at the specified port of unloading. This proof shall third countries do not apply and bearing the consist of a certificate from UNRWA or a specialized endorsement : 'Supplies to UNRWA for export international control and surveillance agency approved from (exporting Member State indicated in the by UNRWA. The certificate shall be made out in tender) without levy or refund — Regulation (EEC) particular on the basis of the relevant transport docu­ No 434/82' ; ments together with an estimate of the quantity of (b) subject as otherwise provided in this Regulation, sugar in question. the right to receive payment of the price quoted in the tender for the lot in question ; In addition, the tenderer shall submit one copy of the shipping document to the competent authority (c) the obligation to apply to the Member State referred to in the first subparagraph. referred to in (a) for a licence as aforesaid for the 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 to the stipulated port of unloading on quayside or in of a contract shall not be transferable . lighter or in containers on quayside, in accordance with the prescribed conditions. Those documents shall be sent directly by UNRWA to the said authority as Article 14 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 and are completed in a Member State other than that in shall also send a statement of award to every successful which the contract was awarded to the successful tenderer. tenderer, the competent authority of the exporting 2. The statement of award shall specify at least : Member State shall for the purposes of Article 7 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 all operations arising from the award of a contract 41 of Regulation (EEC) No 1785/81 . A decision may, pursuant to this Regulation, and must in particular however, be taken to make no award in respect of a inform the competent authority of the exporting partial tender. Member State and UNRWA as soon as possible of :

No L 55/38 Official Journal of the European Communities 26 . 2. 82

(a) the name of the vessel and the date of loading ; grams of sugar per day if the sugar is delivered after the prescribed date, except where late delivery is (b) the expected date of arrival of the vessel at the port recognized by the competent authority which awarded of unloading. the tender as due to force majeure. The said authority must communicate that informa­ 3. If the sugar is of a quality lower than the stan­ tion to the Commission as quickly as possible and, dard quality it shall be rejected at the tenderer's risk. where appropriate, to the authority which awarded the contract. Article 16

2. Without prejudice to Article 7 (3) the price This Regulation shall enter into force on 26 February accepted shall be reduced by 0-12 ECU per 100 kilo­ 1982.

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

Done at Brussels, 25 February 1982. For the Commission Poul DALSAGER Member of the Commission

ANNEX

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

A 1 Community ports 1 405 2 Lattakia or Tartous 30 . 4. 1982 (Syria) A 2 Community ports 1 000 2 Aquaba (Jordan) 30 . 4. 1982 A 3 Community ports 1 000 2 Ashdod (2) (Israel) 30 . 4. 1982

(') 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 110 m long, 1*10 m wide and 1 m high or delivered in 20-foot containers with a maximum of 50 containers per vessel.