CELEX: 31973R1243
Language: en
Date: 1973-05-14 00:00:00
Title: Regulation (EEC) No 1243/73 of the Commission of 14 May 1973 on a standing invitation to tender for the mobilization of white sugar as food aid for UNRWA

No L 128/ 12                            Official Journal of the European Communities                                15 . 5 . 73
                             REGULATION (EEC) No 1243/73 OF THE COMMISSION
                                                       of 14 May 1973
              on a standing invitation to tender for the mobilization of white sugar as food aid for
                                                           UNRWA
 THE COMMISSION OF THE EUROPEAN                                    to UNRWA and, during the period of validity of
 COMMUNITIES,                                                      the standing invitation, they shall issue partial invita­
                                                                   tions to tender.
Having regard to the Treaty establishing the Euro­
pean Economic Community ;                                          2.      The invitation to tender shall relate to the
                                                                   price of the total quantity of 2 150 metric tons of
 Having regard to Council Regulation (EEC) No                      white sugar of Grade 1 as defined by Article 11 ( 1 )
 1052/73 (*) of 17 April 1973 on the supply of sugar               of Regulation (EEC) No 1280/71 to be supplied cif
to UNRWA as food aid pursuant to the Agreement '                   to the Lebanese and Israeli ports of unloading
with that agency dated 18 December 1972, and in                    referred to in Article 9 .
particular Article (3 ) thereof,
                                                                   3 . No refund shall be granted in respect of the
Whereas Article 1 of Regulation (EEC) No 1052/73                   export of the quantity referred to in paragraph 2.
 provides that 2 150 metric tons of white sugar
 produced and in free circulation in the Community                                           Article 2
be placed at the disposal of the United Nations
 Relief and Works Agency for Palestine Refugees                    The standing invitation to tender, that is the first
 (UNRWA) as food aid for the sugar marketing year                  partial invitation and all of the possibly following
  1972/73 ; whereas, in view of its destination, this              partial invitations, shall be organized in accordance
 white sugar must be Grade 1 sugar as defined by                   with the following provisions.
 Regulation (EEC) No 1280/71 (2) of the Commis­
 sion of 18 June 1971 laying down detailed rules for                                         Article 3
 the buying-in of sugar by intervention agencies, as
 amended by Regulation (EEC) No 2417/71 (8) ;                       The standing invitation to tender shall remain valid
                                                                   until a date to be determined at a later stage.
 Whereas Article 2 of Regulation (EEC) No 1052/73
 provides in particular that the Community shall                                             Article 4
 finance the cif value of the sugar ;
                                                                    1.     The period for the submission of tenders in
Whereas since the contract for the mobilization of                 response to the first partial invitation shall :
the goods cif to the port of unloading is to be                    ( a) begin at 10 a.m . on 17 May 1973 ,
 awarded under a tendering procedure, it would
 seem desirable to apply, in an appropriate form, the              ( b ) expire at 10 a.m . on 23 May 1973 .
 detailed rules governing sales by tender after inter­              2. The periods for the submission of tenders in
 vention or for export within the framework of the                  response to the second and subsequent partial invita­
 common organization of the market in sugar ;                      tions shall :
Whereas, for the avoidance of doubt, it should be                   (a) begin on the first working day following the
specified that the system of monetary compensatory                       end of the previous period, and
 amounts for export to third countries because of
their nature does not apply to this invitation to                  (b) expire at 10 a.m. on the Wednesday of the
 tender ;                                                                following week.
Whereas the measures provided for in this Regula­                   3.     During the period in which Summer Time
 tion are in accordance with the Opinion of the                     applies in Italy, the time limits laid down in this
                                                                   Article shall be understood in that Member State to
 Management Committee for Sugar ;
                                                                   be extended by one hour .
 HAS ADOPTED THIS REGULATION :                                                               Article 5
                         Article 1                                  1.     The Member States shall draw up an invita­
                                                                   tion to tender. The invitation to tender shall be
  1 . Member States shall issue a standing invitation              published in the Official Journal of the European
 to tender for the supply of white sugar as food aid               Communities. Member States may also publish the
                                                                   invitation to tender or have it published elsewhere.
 (1) OJ No L 105, 20. 4. 1973, p . 1 .
 (2) OJ No L 133, 19. 6. 1971 , p. 34.                             2.      The standing invitation to tender shall be
 (s) OJ No L 250, 11 . 11 . 1971 , p. 30.                          published only for the purpose of issuing it. The invi
 ---pagebreak--- 15 . 5 . 73                           Official Journal of the European Communities                           No L 128/ 13
tation as published may be amended during the                    (b) the tender is- not accepted.
period of validity of the standing invitation. It shall be       In cases of force majeure the competent body shall
amended if the terms of the invitation to tender are
                                                                 determine the measures necessary in view of the
amended during that period of validity.                          circumstances invoked by the tenderer.
3 . The invitation shall indicate in particular :
                                                                 4. In the case of paragraph 3(a) the deposit shall
( a) the name and address of the competent body                  be released when payment is made under Article 10
      issuing the invitation to tender ;                         ( 1 ) ; in the case of paragraph 3 (b) the deposit shall
 (b) the terms of the invitation to tender ;                     be released immediately.
(c) the time limit for the submission of tenders.                                          Article 8
                           Article 6                              1.      Tenders shall be examined in private session
1.      Tenderers shall either deliver written tenders to
                                                                 by the competent body. Persons present at the exam­
                                                                 ination shall be sworn to secrecy.
the competent body against a receipt, or address
tenders to the competent body by registered letter,              2.       The Commission shall be informed without
telex or telegram .                                              delay of the tenders submitted.
Tenders shall be submitted in the Member State from
which export is to be effected.                                                            Article 9
2.      Tenders shall indicate :                                 1.      The price relates to the delivery cif on quay of
                                                                 I 350 metric tons to Beirut and 800 metric tons to
(a) the invitation to which the tender relates ;
                                                                 Ashdod.
(b) the name and address of the tenderer ;
(c) the price proposed, in the currency of the                   2. The sugar shall be supplied in new jute sacks
       Member State of the competent body to which               of a minimum weight of 450 g lined with a poly­
      the tender is submitted .                                  ethylene bag and with a net weight of 50 kg.
3 . A tender shall be valid only if :                            The following shall be printed on the outside of the
                                                                 sacks : 'White Sugar — Gift of the European
 ( a) it relates to a price for the total quantity of            Community'.
      2 150 tons of Grade 1 white sugar ;
 (b) proof is furnished before the period for the                 3 . The sugar must have been produced and put
      submission of tenders expires that the deposit              in free circulation in the Community, except that
      required by the invitation to tender has been               sugar in free circulation in the United Kingdom can
      lodged ;                                                    not be exported under the terms of this regulation .
 (c) it includes a declaration by the tenderer that he           4. The sugar shall be supplied cif on quay before
      will, if awarded the contract, supply the sugar in          II July 1973 .
      accordance with the provisions of this Regula­
      tion .                                                     5 . The taking of samples and analysis of the
                                                                 goods shall be effected by experts recognized by the
4.      A tender which is not submitted in accordance            competent authorities of the Member State
with the provisions of this Article, or which                     concerned. All the costs of weighing, taking samples
contains terms other than those indicated in the invi­            and quality control upon loading shall be paid by
tation to tender, shall not be taken into considera­             the Member State concerned . That Member State
tion .                                                           shall obtain from the successful tenderer a lump
                                                                 sum refund for the costs referred to above (2 500
5.      Once a tender has been submitted it may not
be withdrawn .                                                   units of account), a sum which must therefore be
                                                                 quoted in the tender.
                           Article 7
                                                                                          Article 10
1.      The deposit required by the invitation to
tender shall be 21 500 units of account.                         1 . The Member State concerned shall pay the
                                                                 succesful tenderer subject to any adjustment neces­
2.      The tenderer may lodge the deposit either in             sary under Article 15 (2) the price quoted in this
cash or in the form of a guarantee by an establish­              tender pro rata for the quantity actually supplied,
ment complying with criteria laid down by the                    reduced by the sum of 2 500 units of account
Member State in which the tender is submitted .                  refered to in Article 9 (5 ). Such quantity shall be the
                                                                 quantity notified to the Commission by UNRWA ;
3.      Except in cases of force majeure, the deposit            the Commission        shall inform the Member State
shall only be released if :                                      concerned of this quantity immediately.
( a) the succesful tenderer supplies the sugar in                2.      The system of monetary compensatory
       accordance with the provisions hereof ;                   amounts for export to third countries shall not
       or                                                        apply in this case .
 ---pagebreak---  No L 128/ 14                           Official Journal of the European Communities                               15 . 5 . 73
 3 . The accessional compensatory amounts for                      the tendering procedure. The body concerned shall
 export to third countries shall be applied.                       also send a statement of award to the successful
                                                                   tenderer.
                           Article 1 1
                                                                   2.      Statements of award shall indicate at least :
  The maximum price for supplying the sugar shall
 be fixed, after examination of the tenders, in accord­             ( a) the invitation to which the tender relates ;
 ance with the procedure laid down in Article 40 of
 Regulation No 1009/67/EEC ( 1), as last amended by                 ( b) the price accepted.
  Regulation (EEC) No 1014/73 (2).
  However, a decision may be taken to make no                                               Article 15
  award.
                           Article 12                              1.      The competent body of the Member State
                                                                   from whose territory the sugar concerned is to be
  1.    Except where a decision is taken to make no                exported shall verify whether the conditions relating
 award in respect of a partial invitation to tender,               to the supply of the sugar have been fulfilled.
 and without prejudice to the provisions of para­
 graph 2, the award shall be made to the tenderer                  The successful tenderer shall be responsible for all
 whose bid is converted into units of account, the                 operations relating to the invitation to tender issued
 lowest.                                                           pursuant to this Regulation, in particular the notifi­
 2. If several tenderers propose the same price and                cation of the information provided for in Articles 2
 that price is accepted, the successful tenderer shall             and 3 of the Annex to the Agreement the EEC and
 be chosen by drawing lots.                                        UNRWA (3). This information shall be communi­
                                                                   cated simultaneously to the Commission .
                          Article 13
                                                                   2. Without prejudice to Article 7 (3 ), the amount
 1.     An award shall :
                                                                   of the price accepted shall be reduced by :
 ( a) confer the right to the issue, in respect of the
      quantity concerned, of an export licence indi­               ( a) 1-00 unit of account per 100 kg of sugar, if the
      cating that the system of monetary compensa­                       sugar is Grade 2 sugar ;
      tory amounts for export to third countries does
      not apply in this case and bearing the words :               ( b) 010 unit of account per 100 kg of sugar and per
      'for export without refund' ;
                                                                         day if the sugar is supplied after 11 July 1973 ,
                                                                         except if the delay is due to a case of force
 (b) entail the obligation to apply for such a licence                   majeure recognized by the competent body.
      in respect of Grade 1 sugar and to supply such
      sugar in accordance with the terms of the invita­            3.     If the sugar is of a grade lower than that speci­
      tion to tender.
                                                                   fied in paragraph 2 ( a) it shall be rejected with no
 2.     Rights and obligations arising from awards                 compensation to the tenderer.
shall not be transferable .
                                                                                            Article 16
                          Article 14
1.      The competent bodies shall immediately notify             This Regulation shall enter into force on 15 May
all tenderers of the outcome of their participation in             1973 .
                This Regulation is binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 14 May 1973 .
                                                                              For the Commission
                                                                                 The President
                                                                            François-Xavier ORTOLI
(») OJ No 308 , 18 . 12 . 1967, p . 1 .
(«) OJ No L 106, 20 . 4 . 1973, p . 1 .                           r ) OJ No L 304 , 31 . 12 . 1972 , p. 24 .