CELEX: 31975R1071
Language: en
Date: 1975-04-24 00:00:00
Title: Regulation (EEC) No 1071/75 of the Commission of 24 April 1975 on a standing invitation to tender for the mobilization of white sugar as food aid for UNRWA

25 . 4. 75                               Official Journal of the European Communities                         No L 105/21
                              REGULATION (EEC) No 1071 /75 OF THE COMMISSION
                                                        of 24 April 1975
                on a standing invitation to tender for the mobilization of white sugar as food
                                                        aid for UNRWA
THE COMMISSION OF THE EUROPEAN                                     whereas, in order inter alia to simplify administrative
 COMMUNITIES,                                                      procedures, Denmark should be entrusted with the
                                                                   issue of this standing invitation to tender ;
 Having regard to the Treaty establishing the European             Whereas the measures provided for in this Regulation
 Economic Community ;                                              are in accordance with the Opinion of the Manage­
                                                                   ment Committee for Sugar,
 Having regard to Council Regulation (EEC) No
 1052/73 (1) of 17 April 1973 on the supply of sugar to
 UNRWA as food aid pursuant to the Agreement with                   HAS ADOPTED THIS REGULATION :
 that agency of 18 December 1972, as amended by
 Regulation (EEC) No 61 1 /75 (2), and in particular
Article 1 (3) thereof ;                                                                     Article 1
                                                                    1.    Denmark shall issue a standing invitation to
Whereas the quantity of white sugar referred to in                 tender for the supply of a total quantity of 6 094
Article II (1 ) of the Agreement (3) between the Euro­              metric tons of white sugar purchased on the world
 pean Economic Community and the United Nations                     market as food aid to UNRWA and, during the period
 Relief and Works Agency for Palestine Refugees in                 of validity of the standing invitation , it shall issue
 the Near East concerning assistance to refugees from               partial invitations to tender.
 the countries of the Middle East, hereinafter called the
'Agreement', has been changed following an exchange                This quantity shall be made up in lots A, B, C, D and
of letters pursuant to the Council Decision of 2                    E.
October 1974 (4); whereas it is consequently provided
 that 6 094 metric tons of white sugar produced and in             2. The standing invitation to tender shall be for the
 free circulation in the Community be placed at the                supply cif on quay at the port of discharge of each of
disposal of the United Nations Relief and Works                     lots A, B, C, D and E, such lots being made up as indi­
Agency for Palestine Refugees (UNRWA) as food aid                  cated in the Annex. The sugar shall be of sound and
 for the sugar marketing year 1974/75 ; whereas Article             fair marketable quality, dry, in homogeneously granu­
 1(1 ) (c) of Regulation (EEC) No 1052/73 provides                  lated crystals, free flowing, and with a minimum
 that, if white sugar is not available on the Community            degree of polarization of 99-7° S.
 market on the normal terms, it may be obtained by
 purchase on the world market ; whereas, therefore, in
                                                                                            Article 2
view of the state of supply and prices in the Commu­
 nity and prices on the world market, it is necessary to
 have recourse to purchase of white sugar on the world             Partial invitations to tender issued during the period
market ; whereas, in view of its destination , this sugar          of validity of the standing invitation to tender shall be
must be of sound and fair marketable quality, dry, in              organized in accordance with Regulation ( EEC) No
homogeneously granulated crystals, free flowing, and                1052/73 and with the following provisions.
with a minimum degree of polarization of 99-7° S ;
                                                                                            Article 3
Whereas Article 2 of Regulation ( EEC) No 1052/73
provides in particular that the Community shall                    The standing invitation to tender shall remain valid
finance the cif value of the sugar ;                               until a date subsequently to be determined .
Whereas, if mobilization is to be by tender, it would                                       Article 4
seem desirable to apply, in an appropriate form , the
rules governing tenders within the framework of the                 1.    The period for the submission of tenders in
common organization of the market in sugar ;                       response to the first partial invitation concerning :
                                                                   (a) lots A and B shall begin on the day of publication
(') OJ   No  L 195, 20. 4. 1973, p. 1 .
(2) OJ   No  L 64, 11 . 3 . 1975, p. 1 .                                of the standing invitation to tender in the Official
(3) OJ   No  L 304, 31 . 12. 1972, p. 24.                               Journal of the European Communities and expire
(4) OJ   No  L 328, 7. 12. 1974, p. 41 .                                at 10 a.m . on 29 April 1975 ;
 ---pagebreak---  No L 105/22                        Official Journal of the European Communities                               25 . 4. 75
(b) lots C and D shall begin on 21 May 1975 and                                         Article 7
     expire at 10 a.m . on 28 May 1975 ;
(c) lot E shall begin on 11 June 1975 and expire at 10        1 . The security required for the invitation to tender
     a.m . on 18 June 1975.                                   shall be 10 units of account per metric ton of white
                                                              sugar.
2. The period for the submission of tenders
    concerning each of the lots for the second and            2.     The security shall be provided, at the option of
    subsequent partial invitations shall :                    the tenderer, either in cash or in the form of a
                                                              guarantee by an establishment complying with the
    (a) begin on the first working day following the          criteria laid down by Denmark.
         end of the preceding period,
    (b) expire at 10 a.m . on the Wednesday of the            3 . Except in cases of force majeure, the security
         following week .                                     shall be released only if :
                                                              (a) the successful tenderer supplies the sugar on the
                          Article 5                                prescribed terms ;
 1 . Denmark shall draw up a notice of invitation to               or
tender. This notice shall be published in the Official
Journal of the European Communities.                          (b) the tender is not accepted .
2. The notice of standing invitation to tender shall          4. In cases of force majeure, the competent body
be published only for the purpose of opening that invi­       shall determine the measures necessary in the light of
tation to tender. The notice as published may be              the circumstances invoked by the tenderer.
amended during the period of validity of the standing
invitation . It shall be amended if the terms of the invi­    5.     In the case provided for in paragraph 3 (a) the
tation to tender are amended during that period of            security shall be released when final payment is made
validity.                                                     as provided in Article 10(1 ); in the case provided for
                                                              in paragraph 3 (b) the security shall be released imme­
3.     The notice shall indicate in particular the terms      diately.
of the invitation to tender.
                          Article 6                                                     Article 8
 1.    Tenderers shall either deliver written tenders to       1 . Tenders shall be examined in private session by
the competent body in Denmark against a receipt, or           the competent body. Subject as provided in paragraph
address tenders to that body by registered letter, telex      2, persons present at the examination shall be under
or telegram .                                                 an obligation not to disclose any particulars relating
                                                              thereto .
2.     Tenders shall indicate :
(a)  the invitation to which the tender relates ;             2.     The tenders submitted shall be communicated,
                                                              without names attached, to the Commission without
(b)  the lot concerned ;                                      delay.
(c)  the name and address of the tenderer ;
(d)  the price in Danish kroner proposed for the lot in
     question .                                                                         Article 9
3 . A tender shall be valid only if :
                                                               1 . The price shall be for delivery cif on quay at the
(a) it relates to a supply as specified in Article 1 (2) ;    port indicated in the Annex in respect of the lot
(b) proof is furnished before the period for the submis­      concerned .
     sion of tenders expires that the security for tender
     referred to in Article 7 has been provided ;             2 . The sugar shall be supplied in new jute sacks
(c) it includes a declaration by the tenderer that he         containing a net quantity of 50 or 100 kilogrammes .
     will , if awarded the contract, supply the sugar in
     accordance with the provisions of this Regulation .      3.     The sugar shall be delivered cif on quay by the
                                                              date and to the port as indicated in the Annex .
4.     A tender which is not submitted in accordance
with the provisions of this Article, or which contains        If in respect of any lot no contract is awarded at the
terms other than those indicated in the invitation to         first partial invitation to tender, the date of delivery
tender, shall not be taken into consideration .               shall be postponed for a period equal to that between
                                                              the first partial invitation to tender relating to that lot
5.     Once a tender has been submitted it may not be         and the partial invitation at which a contract for the
withdrawn .                                                   said lot is awarded .
 ---pagebreak---  25 . 4. 75                            Official Journal of the European Communities                          No L 105/23
 4. Verification of quality and weight at time of                                         Article 13
 discharge shall be effected by the competent authori­
 ties designated by UNRWA. The costs in respect of                1.     The successful tenderer shall be :
 such verification shall be paid to UNRWA on the
                                                                 (a) entitled, without prejudice to the other provisions
 Community's behalf by Denmark upon presentation
 of accounts .                                                        of this Regulation, to payment of the price quoted
                                                                       in the tender for the lot in question ,
                                                                 (b) obliged to supply the sugar in question in accor­
                                                                       dance with the terms of the notice of the invita­
                          Article 10
                                                                       tion to tender.
Without prejudice to Article 1 5 (2), the competent              2.       The obligations arising from awards shall not be
 body shall pay the successful tenderer a provisional            transferable .
 sum equal to 90 % of the price quoted in his tender,
 on presentation by the tenderer of proof that the lot
 of sugar in question has been discharged at the stipu­                                   Article 14
 lated port of destination . This proof shall consist of a
 copy of the port document drawn up by the country                1 . The competent body shall immediately notify all
 of destination and bearing the official stamp of                 tenderers of the outcome of their participation in the
 UNRWA or by a certificate from an international                  invitation to tender. The body concerned shall also
 control and surveillance agency approved by UNRWA               send a statement of award to the successful tenderer.
 for purposes of verification as referred to in Article
                                                                  2.      Statements of award shall indicate at least :
 9 (4). In addition , the tenderer shall submit to the
 abovementioned competent body a copy of the ship­               (a) the invitation to which the award relates ;
 ping document.                                                  (b) the lot concerned ;
                                                                 (c) the price accepted .
 Final payment shall be made as soon as the compe­
 tent Danish body receives the documents drawn up by
 UNRWA certifying that the sugar has been delivered                                       Article 15
 on the prescribed terms. These documents shall be
sent directly by UNRWA to the said body at latest                 1 . The successful tenderer shall be responsible for
during the month following the end of the period                  all operations arising from the award of a contract
 provided for in Article VI of the Agreement.                     pursuant to this Regulation , and in particular for
                                                                  supplying to the competent body in Denmark the
                                                                  information provided for in Articles 2 and 3 of Annex
                          Article 11                              II to the Agreement . Denmark shall forward this infor­
                                                                  mation as soon as possible to the Commission .
The maximum price for supplying each one of the
 lots of sugar shall be fixed, after examination of the           2 . Without prejudice to Article 7 (3), the price
tenders, in accordance with the procedure laid down               accepted shall be reduced by 0-10 unit of account per
in Article 40 of Regulation No 1 009/67/ EEC ('), as              100 kilogrammes of sugar per day if the sugar is deliv­
last amended by Regulation (EEC) No 2476/74 (2).                 ered after the prescribed date , save where the delay is
                                                                  due to a case of force majeure recognized as such by
                                                                  the competent body.
 However, a decision may be taken to make no award .
                                                                  3 . If the sugar does not meet the specifications laid
                                                                  down in Article 1 (2) it shall be rejected and any
                          Article 12                             consequent loss shall be borne by the successful
                                                                  tenderer.
 1 . Except where a decision is taken to make no
award in respect of a partial invitation to tender, and                                   Article 16
without prejudice to the provisions of paragraph 2, the
contract    shall be   awarded     to    the tenderer whose
                                                                 The standing invitation to tender referred to in Regula­
tender, converted into units of account , is the lowest
                                                                 tion ( EEC) No 2120/74 (3 ) is hereby closed .
for the lot in question .
2. If several tenderers tender at the same price and                                      Article 17
that price is accepted, the successful tenderer shall be
chosen by drawing lots .                                         This Regulation shall enter into force on 25 April
                                                                  1 975 .
(■) OJ No 308, 18 . 12. 1967, p. 1 .
(2 ) OJ No L 264, 1 . 10 . 1974, p. 70 .                         (■>) OJ No L 222, 11. 8 . 1974, p. 6 .
 ---pagebreak--- No L 105/ 24                             Official Journal of the European Communities                                      25 . 4 . 75
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 24 April 1975.
                                                                                          For the Commission
                                                                                            P. J. LARDINOIS
                                                                                        Member of the Commission
                                                                      ANNEX
                                         Quantity in                                                       Latest date
                    Lot                                                 Port of dischrage
                                         metric tons                                                     for. delivery (')
                    A                      1 000              Beirut (Lebanon )                        29    May     1975
                     B                     1 000              Ashdod ( Israel)                         29    May     1975
                     C                      1 500             Beirut ( Lebanon )                       28   June     1975
                    D                         500             Ashdod ( Israel)                         28   June     1975
                     E                     2 094              Beirut ( Lebanon)                         18   July    1975
           (') Subject as provided in the second subparagraph of Article 9 (3).