CELEX: 31974R1973
Language: en
Date: 1974-07-26 00:00:00
Title: Regulation (EEC) No 1973/74 of the Commission of 26 July 1974 on an invitation to tender for the mobilization of white sugar as food aid for UNRWA

27 . 7 . 74                                Official Journal of the European Communities                          No L 206/ 23
                              REGULATION ( EEC) No 1973/74 OF THE COMMISSION
                                                           of 26 July 1974
               on an invitation to tender for the mobilization of white sugar as food aid for
                                                              UNRWA
THE COMMISSION OF THE EUROPEAN                                        rules governing tenders within the framework of the
COMMUNITIES ,                                                         common organization of the market in sugar ;
Having regard to the Treaty establishing the European                 Whereas, it should be specified that the system of
Economic Community ;                                                  monetary compensatory amounts for export to third
                                                                      countries and the export levy do not apply to this invi­
                                                                      tation to tender ;
Having regard to Council Regulation (EEC) No
1052/73 (') of 17 April 1973 on the supply of sugar to
UNRWA as food aid pursuant to the Agreement with                      Whereas the measures provided for in this Regulation
that agency dated 18 December 1972, and in parti­                     are in accordance with the Opinion of the Manage­
cular Article 1 (3) thereof ;                                         ment Committee for Sugar,
                                                                      HAS ADOPTED THIS REGULATION :
Whereas the quantity of 150 metric tons of white
sugar referred to in Article II paragraph 1 of the Agree­
ment (2 ) between the European Economic Community
                                                                                               Article 1
and the United Nations Relief and Works Agency for
Palestine Refugees in the Near East, hereinafter called
the 'Agreement', concerning assistance to refugees                    1.    The Member States shall issue an invitation to
from     the countries of the Middle              East has been       tender for the supply of a total quantity of 1 000 tons
changed into 94 metric tons of white sugar following                  of white sugar as food aid to UNRWA. This quantity
an exchange of letters pursuant to the Council Deci­                  is made up in two lots A and B.
sion of 22 July 1974 ; whereas Article 1 of Regulation
(EEC) No 1052/ 73 provides consequently that 6 094                    2. The invitation to tender shall relate to the price
metric tons of white sugar produced and in free circu­                of each one of lots A and B of the relevant quality to
lation in the Community be placed at the disposal of                  be supplied cif on quay to the port of unloading and
the United Nations Relief and Works Agency for                        made up as indicated in the Annex . The sugar shall as
Palestine Refugees (UNRWA) as food aid for the sugar                  a rule be of Grade 1 or Grade 2 as defined respectively
marketing year 1974/ 75 ; whereas however in consider­                by Article 11 ( 1 ) of Regulation ( EEC) No 1280 /71 and
ation of the urgent requirements of UNRWA and of                      by Regulation ( EEC) No 793 / 72.
the supply situation in the Community it's desirable
at first to mobilize only 1 000 tons divided in two lots
of 500 tons ; whereas , in view of its destination , this
                                                                      3.    No levy shall be apply in respect of the export of
                                                                      the quantity referred to in paragraph 1 .
white sugar must be Grade 1 sugar or Grade 2 sugar as
defined respectively by Commission Regulation ( EEC)
No 1280/71 (3 ) of 18 June 1971 laying down detailed
rules for the buying-in of sugar by intervention agen­                                         Article 2
cies, as amended by Regulation (EEC) No 2733 /73 (4)
and by Council Regulation ( EEC) No 793/72 (5 ) of 17                 The invitation to tender shall be organized in accor­
April 1972 fixing the standard quality of white sugar ;               dance with the Regulation ( EEC) No 1052/73 and
                                                                      with the following provisions .
Whereas Article 2 of Regulation (EEC) No 1052/73
provides in particular that the Community shall
finance the cif-value of the sugar ;                                                           Article 3
Whereas for the mobilization of the goods is to be                    1.    The period for the submission of tenders in
awarded under a tendering procedure, it would seem                    response to the invitation shall begin at 10 a.m . on 31
desirable to apply, in an appropriate form , the detailed             July 1974 and expire at 10 a.m . on 7 August 1974.
(i) OJ   No  L 105, 20 . 4 . 1973 , p. 1 .                            2.    During the period in which Summer Time
(*) OJ   No  L 304, 31 . 12. 1972, p. 24.
(3) OJ   No  L 133 , 19 . 6. 1971 , p. 34 .                           applies in Italy, the time limits laid down in this
(4) OJ   No  L 282, 9 . 10 . 1973 , p. 8 .                            Article shall be understood in that Member State to be
(5) 0[   No  L 94, 21 . 4 . 1972, p. 1 .                              extended by one hour.
 ---pagebreak---  No L 206/24                         Official Journal of the European Communities                            27. 7. 74
                          A rticlc 4                           (b) the tender is not accepted .
 1 . The Member States shall draw up a notice of invi­          In cases of force majeure the competent body shall
 tation to tender. This notice shall be published in the        determine the measures necessary in view of the
 Official Journal of the European Communities.                  circumstances invoked by the tenderer.
Member States may also publish the notice or have it
 published elsewhere .                                         4. In the case of paragraph 3 (a) the deposit shall be
                                                                released when payment is made under Article 9 ( 1 );
 2.     The notice shall indicate in particular the terms      in the case of paragraph 3 (b) the deposit shall be
of the invitation to tender.                                   released immediately.
                          Article 5                                                    Article 7
 1.     Tenderers shall either deliver written tenders to       1 . Tenders shall be examined in private session by
the competent body of the Member State in question             the competent body. Persons present at the examina­
against a receipt, or address tenders to the competent         tion shall be sworn to secrecy.
body by registered letter, telex or telegram . Tenders
                                                               2.     The  Commission     shall  be informed   without
shall be submitted in the Member State from which
export is to be effected .                                     delay of the tenders submitted .
2.      Tenders shall indicate :                                                       Article 8
(a) the invitation to which the tender relates ;
                                                                1 . The price relates to the delivery cif on quay of
(b) the name and address of the tenderer ;                     each one of the lots to the port indicated in the
(c) the price proposed for the lot and the quality in          Annex .
      question in the currency of the Member State of
      the competent body to which the tender is                2. The sugar shall be supplied in new jute sacks of
      submitted .                                              a minimum weight of 450 g lined with a polyethylene
                                                               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
(a) it relates to a price referred to in Article 1 (2) ;       sacks : 'White Sugar — Gift of the European Commu­
(b) proof is furnished before the period for the submis­       nity'.
      sion of tenders expires that the deposit required by
      the invitation to tender has been lodged ;               3.     The sugar in question must have been produced
                                                               and put in free circulation in the Community.
(c) it includes a declaration by the tenderer that he
     will , if awarded the contract, supply the sugar in       4.     The sugar shall be delivered cif on quay at the
      accordance with the provisions of this Regulation .      latest on the date and to the ports indicated in the
                                                               Annex .
4.      A tender which is not submitted in accordance
with the provisions of this Article, or which contains         5 . The taking of samples and analysis of the goods
terms other than those indicated in the invitation to          shall be effected by experts recognized by the compe­
tender, shall not be taken into consideration .                tent authorities of the Member State concerned . All
                                                               the costs of weighing, taking samples and quality
5.      Once a tender has been submitted it may not be         control upon loading shall be paid by the Member
withdrawn .                                                    State concerned . That Member State shall obtain from
                                                               the successful tenderer a lump sum refund for the
                          Article 6                            costs referred to above 500 units of account, a sum
                                                               which must therefore be quoted in the tender.
 1.     The deposit required by the invitation to tender
shall be 5 000 units of account for each one of the
                                                                                       Article 9
lots .
                                                                1.    The Member State concerned shall pay the
2.      The tenderer may lodge the deposit either in           successful tenderer subject to any adjustment neces­
cash or in the form of a guarantee by an establish­            sary under Article 14 (2) the price quoted in this
ment complying with criteria laid down by the                  tender pro rata for the quantity actually supplied,
Member State in which the tender is submitted .
                                                               reduced by the sum referred to in Article , S ( 5). Such
3.      Except in cases of force majeure, the deposit          quantity shall be the quantity notified by UNRWA
shall only be released if :                                    directly to competent body of the Member State in
                                                               question at the latest during the month following the
(a) the successful tenderer supplies the sugar in accor­       end of the delay provided for in Article VI of the
     dance with the provisions hereof, or                      Agreement .
 ---pagebreak--- 27 . 7 . 74                              Official Journal of the European Communities                            No L 206/ 25
2. The monetary compensatory amounts for export                                               Article 13
to third countries shall not apply in this case.
                                                                    1.    The competent bodies shall immediately notify
3. The accession compensatory amounts for export                    all tenderers of the outcome of their participation in
to third countries shall be applied .                               the tendering procedure . The body concerned shall
                                                                    also send      a  statement of award    to  the successful
                          Article 10                                tenderer .
The maximum price for supplying each one of the                     2.     Statements of award shall indicate at least :
lots of sugar shall be fixed, after examination of the              (a) the invitation to which the tender relates ;
tenders, in accordance with the procedure laid down
in Article 40 of Regulation No 1009/ 67/ EEC ('), as                (b) the price accepted .
last amended by Regulation (EEC) No 1 602/74 (2).
However, a decision may be taken to make no award .                                           Article 14
                                                                    1.    The competent body of the Member State from
                          Article 11
                                                                    whose territory the sugar concerned is to be exported
 1.     Except where a decision is taken to make no                 shall verify whether the conditions relating to the
award in respect of the invitation to tender, and                   supply of the sugar have been fulfilled .
without prejudice to the provisions of paragraph 2, the             The successful tenderer shall be responsible for all
award shall be made to the tenderer whose tender is
                                                                    operations relating to the invitation to tender issued
converted into units of account the lowest for the lot
                                                                    pursuant to this Regulation , in particular to communi­
in question .                                                       cate to the competent body of the Member State in
2.      If several tenderers propose the same price and             question the informations provided for in Articles 2
that price is accepted, the successful tenderer shall be            and 3 of Annex II to the Agreement. The Member
chosen by drawing lots .                                            State in question shall communicate this information
                                                                    immediately to the Commission .
                          Article 12                                2.      Without prejudice to Article 6 (3), the amount of
 1.     An award shall :                                            the price accepted shall be reduced by 0-10 unit of
                                                                    account per 100 kg of sugar and per day if the sugar is
(a) confer the right to the issue, in respect of the quan­          supplied after the date provided for, except if the
     tity concerned , of an export licence indicating that          delay is due to a case of force majeure recognized by
     the monetary compensatory amounts for export to                the competent body.
     third countries does not apply in this case and
     bearing the words : ' for export without levy' ;               3.      If the sugar is of a grade lower than the Grade 2
(b) entail the obligation to apply for such a licence for           sugar it shall be rejected with no compensation to the
                                                                    successful tenderer.
     sugar in question and to supply such sugar in
     accordance with the terms of the notice of the invi­
     tation to tender .                                                                        Article 15
 2.     Rights and obligations arising from awards shall            This Regulation shall enter into force on 27 July
 not be transferable .                                               1974 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 26 July 1974 .
                                                                                 Far the Com in ixsion
                                                                                     The President
                                                                               Francois-Xavier ORTOLI
(') OJ No 308 , I X. 12 . 1967 ,    I.
(-) O'l No L 172, 26 . 6 . ISJ74, p. 7 .
 ---pagebreak--- No L 206/26                         Official Journal of the European Communities                          27 . 7 . 74
                                                        ANNEX
  Reference
                                        Quantity in
number of the    Shipping's harbour     metric tons         Quality      Unshipping's harbour Limit date for delivering
     lot
     A        Ports of the                 500       Grade 1 or 2       Beirut ( Lebanon )    13 September 1974
              Community
     B        Ports of the                 500       Grade 1 or 2       Ashdod ( Israel )     13 September 1974
              Community