CELEX: 31980R2969
Language: en
Date: 1980-11-17 00:00:00
Title: Commission Regulation (EEC) N0 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

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
zation of the market in sugar ( 1), as last amended by               Whereas it should be laid down that export refunds
Regulation (EEC) No 1396/78 (2), and in particular                   and levies are not applicable to this invitation to
                                                                     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
Committee ,                                                          Whereas the Monetary Committee will be consulted ;
                                                                     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
and Works Agency for Palestine refugees, hereinafter                  lation No 129 on the value of the unit of account and
referred to as 'UNRWA', of white sugar produced and                   the exchange rates to be applied for the purposes of
in free circulation within the Community ; whereas                    the common agricultural policy, as last amended by
that white sugar should be of standard quality as                     Regulation (EEC) No 2543/73 ;
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.
 ---pagebreak--- 18 . 11 . 80                       Official Journal of the European Communities                            No L 307/ 11
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
must be of standard quality as defined in Article 1 of        2. The said notice shall be published only for the
Regulation (EEC) No 793/72.                                   purpose of opening the standing invitation to tender.
                                                              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
of the quantity referred to in paragraph 1 .                  if the terms of the invitation to tender are amended
                                                              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
in Article 1 , or, if necessary, the price of the             2.      Tenders shall state :
remaining lot. In that case the standing invitation           (a) the reference number of the invitation to tender ;
shall thereupon automatically close with effect from
that date .                                                   (b) the reference number of the lot ;
                                                              (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 ;
 2.      tor subsequent partial awards tenders may be          ( f) the amount of the security for tender to be lodged
 submitted :                                                        at least for the relevant lot expressed in the
                                                                    currency of the Member State where the tender is
 (a) from the first working day following the expiry of             submitted .
      the preceding period for the submission of
      tenders ;                                                3.     A tender shall be valid only if :
 (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
 otherwise end on Wednesday, 24 December 1980                   (c) it includes a declaration by the tenderer that, if
 shall end on Tuesday, 23 December 1980 at 10 a.m .                 awarded a contract, he will deliver the sugar in
                                                                    accordance with the provisions of this Regulation
  By way of derogation from paragraph 2, a partial invi­            and export if from the Member State referred to in
  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 :
  (a) shortened by one hour in Ireland and the United           4. Any tender which is not submitted in accor­
                                                                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 .
 ---pagebreak--- 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
lot Al , 59 800 ECU for lot A2, 72 250 ECU for lot                   to the Tuesday of the following week being the
A3, 34 750 ECU for lot A4 and 50 000 ECU for each                    period immediately preceding the final date for
                                                                     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
an establishment complying with the criteria laid                1 . The price shall be for delivery at the port of
down by the Member State in which the tender is                 unloading, sugar in bags on quayside or in lighter for
submitted .                                                     the destination of each of the lots stated in the Annex .
3 . Except in case of force majeure, the security               2. The sugar shall be supplied in new jute bags
shall be released only if :                                     having the following specifications :
(a) the successful tenderer has delivered the sugar to          (a) of a minimum weight of 450 g and a net content
     the port of unloading on quayside or in lighter, in             of 50 kg lined inside with polyethylene of a
     accordance with the prescribed conditions, and                  minimum thickness of 0-04 mm ; or
     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
     tent authority of the Member State referred to in               minimum thickness of 0-05 mm .
     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
as provided in Article 10 ( 1 ) ; in the case referred to in    4. The sugar must be delivered not later than the
paragraph 3 (b) the security shall be released forth­           date and at the ports stated in the Annex. For the
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
3.      In order that the tenders may be directly compar­       weighing, sampling and quality control at the time of
able, each one shall be adjusted as necessary by the             loading shall be paid by that Member State. That State
                                                                shall   collect from  the successful   tenderer a fixed
 monetary compensatory amount applicable to white
sugar, on the closing date for the submission of                 charge in respect of the said costs : 907 ECU for lot
tenders, for exports from the Member State referred to          Al , 1 446 ECU for lot A2, 1 747 ECU for lot A3, 840
                                                                 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),
 ---pagebreak---   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
shipping document to the competent authority                         referred to in (a) for a licence as aforesaid for the
referred to in the first subparagraph.                               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 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
graph 1 .                                                       (b) the reference number of the lot ;
                                                                (c) the price accepted expressed in the currency of the
                                                                     exporting Member State.
                         Article 11
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 ;
                                                                (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
account tenderer adjustment referred to in Article 8            contract.
(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
      in respect of the relevant quantity specifying that                                Article 16
      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 .
 ---pagebreak--- 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
 ---pagebreak--- 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        Community ports                     750        2       Lattakia or Tartous (Syria)    31 January 1981
      A2         Community ports                   1 196        2       Aquaba (Jordan)                31 January 1981
      A 3        Community ports                   1 445         2      Ashdod (2) (Israel)            31 January 1981
      A4         Community ports                     695         2      Lattakia or Tartous (Syria)    30 April 1981
      A 5        Community ports                    1000         2      Aquaba (Jordan)                30 April 1981
      A6         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 .