CELEX: 31982R0434
Language: en
Date: 1982-02-25 00:00:00
Title: 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

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 .
 ---pagebreak--- 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
of the European Communities until 10 March 1982 at            (c) the name and address of the tenderer ;
 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 ;
(a) Wednesday, 17 March 1982 shall end on Thursday,            (b) before the time limit for the submission of tenders,
     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,
     27 April 1982 at 10.30 a.m .;                             (c) it includes a declaration by the tenderer that, if
                                                                    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.
 ---pagebreak--- 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
 regard to the circumstances invoked by the tenderer.           (b) of a minimum weight of 420 g and a net content
                                                                      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
 as provided in Article 10 (1 ) ; in the case referred to in    The bags shall be clearly and indelibly marked on the
 paragraph 3 (b) the security shall be released forthwith.      outside : 'White sugar / Gift of the European
                                                                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.
 ---pagebreak--- 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
collect from the successful tenderer a fixed charge in           to the tenderer whose tender, when converted into
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
of exportation.                                                  2. Where there is more than one acceptable tender
                                                                 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
sugar in question.                                               (b) subject as otherwise provided in this Regulation,
                                                                      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
to the stipulated port of unloading on quayside or in             2.    The rights and obligations arising from the award
                                                                  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
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
graph 1 .                                                         (b) the reference number of the lot ;
                                                                  (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 :
 ---pagebreak--- 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          Port of shipment       Quantity    Quality       Port of unloading          for
                 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.