CELEX: 31978R2094
Language: en
Date: 1978-09-05 00:00:00
Title: Commission Regulation (EEC) No 2094/78 of 1 September 1978 on a standing invitation to tender for the mobilization of Community white sugar for UNRWA as food aid

No L 243 /6                               Official Journal of the European Communities                               5 . 9 . 78
                                     COMMISSION REGULATION ( EEC) No 2094/78
                                                       of 1 September 1978
                on a standing invitation to tender for the mobilization of Community white
                                                  sugar for UNRWA as food aid
THE COMMISSION OF THE EUROPEAN                                       Whereas tenders may be submitted by tenderers esta­
COMMUNITIES,                                                         blished in various Member States of the Community
                                                                     and may relate to sugar to be mobilized in those
Having regard to the Treaty establishing the European                Member States ; whereas, in view of the situation
 Economic Community,                                                 regarding the currencies of Member States and in
                                                                     order to ensure that tenders are closely comparable,
Having regard to Council Regulation ( EEC) No                        account should be taken of the effect upon each
3330 /74 of 19 December 1974 on the common organi­                   tender of the position of the currency of the Member
zation of the market in sugar ('), as last amended by                State where the customs export formalities will be
Regulation (EEC) No 1 396/78 (2), and in particular                  completed ;
Articles 17 , 19 and 34 thereof,
 Having    regard to Council Regulation (EEC) No                    Whereas the Monetary Committee will be consulted ;
 1034/76   of 30 April 1976 on the supply of white                   whereas, owing to the urgency of the matter, the
sugar to    UNRWA as food aid (3), and in particular                 proposed measures should be adopted under the
Article 1   (3) and (4) thereof,                                     conditions laid down in Article 3 (2) of Council Regu­
                                                                     lation No 129 on the value of the unit of account and
Whereas Article 1 ( 1 ) of Regulation (EEC) No 1034/76               the exchange rates to be applied for the purposes of
                                                                     the common agricultural policy ( 7), as last amended by
 provides for the supply to the United Nations Relief
                                                                     Regulation (EEC) No 2543/73 (8) ;
and Works Agency, hereinafter referred to as
' UNRWA', for Palestine refugees of white sugar
 produced and in free circulation within the Commu­                  Whereas the measures provided for in this Regulation
 nity ; whereas that white sugar should be of standard               are in accordance with the opinion of the Manage­
quality as defined in Council Regulation (EEC) No                    ment Committee for Sugar,
793/72 of 17 April 1972 fixing the standard quality
 for white sugar (4) ;
Whereas Article 2 of Regulation (EEC) No 1034/76
 lays down that the Community shall meet the costs of
 the sugar and of its transport to the port of destina­              HAS ADOPTED THIS REGULATION :
 tion ;
Whereas, for purposes of mobilization of the goods by
 tender, the appropriate rules of the common organiza­
                                                                                               Article 1
 tion of the market in sugar governing invitations to
tender should be followed ;
                                                                     1 . A standing invitation to tender shall be issued
Whereas Commission Regulation (EEC) No 1380/75                       for the supply to UNRWA, as Community food aid,
of 29 May 1975 laying down detailed rules for the                    of a lot of 40 tonnes of white sugar produced and in
application of monetary compensatory amounts (5), as                 free circulation within the Community and, during
 last amended by Regulation (EEC) No 1 947/78 (6),                   the period of that standing invitation , partial invita­
 provides that no monetary compensatory amounts                      tions to tender shall be issued each week .
shall apply where products which are the subject of
 Community food aid operations and mobilized on the
 Community market are exported to third countries ;                  2. The standing invitation shall relate to the price
                                                                    of the lot to be delivered to the port of destination , on
Whereas it should be laid down that export refunds                   quayside or in lighter. The sugar must be of standard
are not applicable to this invitation to tender ;                   quality as defined in Article 1 of Regulation (EEC) No
                                                                     793/72. The port of destination is, at the successful
(«)  OJ No   L 359, 31 . 12 . 1974, p. 1 .                          tenderer's choice, Beirut or Tripoli ( Lebanon), Lattakia
(2 ) OJ No   L 170, 27. 6 . 1978 , p. 1 .
(3)  OJ No   L 1 18 , 5. 5 . 1976, p. 1 .                           or Tartous (Syria).
(4)  OJ No   L 94, 21 . 4. 1972, p. 1 .
(5 ) OJ No   L 139 , 30 . 5. 1975, p . 37.                          (0 OJ No 106 , 30 . 12 . 1962, p. 2553/62 .
(<■) OJ No  L  221 , 12. 8 . 1978 , p . 14.                         (s) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- 5 . 9 . 78                          Official Journal of the European Communities                             No L 243/7
3.      No export refund shall apply in respect of the        Member States may also publish it or arrange for it to
quantity referred to in paragraph 1 .                         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 invita­
tion shall be organized in accordance with Regulation         The notice may be amended during the period of
( EEC) No 1034/76 and with the following provisions.          validity of the standing invitation . It shall be amended
                                                              if the terms of the invitation to tender are amended
                                                              during that period of validity.
                          Article 3
                                                              3.     The notice shall indicate in particular the terms
The standing invitation to tender shall remain open           of the invitation to tender.
until the date of the partial tender at which is awarded
a contract for the price of the lot referred to in Article
 1 . In that case the standing invitation shall thereupon                               Article 6
automatically close with effect from that date .
                                                               1 . Tenderers may either deliver written tenders in
                          Article 4
                                                               person to the competent authority of the Member
                                                              State in question against a receipt, or address them to
 1 . Tenders in respect of the first partial award may        the competent authority by registered letter, telex or
be submitted from the day of publication of the                telegram .
standing invitation to tender in the Official Journal          2.    Tenders shall state :
of the European Communities until 20 September
 1978 at 10 a.m .                                             (a) the reference number of the invitation to tender ;
2.      For subsequent partial awards tenders may be          (b) the name and address of the tenderer ;
submitted :
                                                              (c) the price proposed for the lot in question,
(a) from the first working day following the expiry of             expressed in the currency of the Member State
      the preceding period for the submission of                   referred to in (d) ;
      tenders ;
                                                              (d) the Member State in which the tenderer, in the
(b) until the Wednesday of the following week at 10                event of his being successful, intends to complete
      a.m .                                                        the customs formalities for the export of the sugar.
3 . By way of derogation from paragraph 2 (b), the            3.     A tender shall be valid only if :
period for the submission of tenders :
                                                              (a) it relates to the price referred to in Article 9 ;
(a) due to expire on Wednesday, 1 November 1978 ,
      shall expire on Tuesday, 31 October 1978 at 10          (b) before the time limit for the submission of tenders
      a.m . ;                                                      proof is furnished that the security for tender
                                                                   referred to in Article 7 has been provided ;
(b) due to expire on Wednesday, 15 November 1978 ,
      shall expire on Tuesday, 14 November 1978 at 10         (c) it includes a declaration by the tenderer that, if
      a.m . ;                                                      awarded a contract, he will deliver the sugar in
                                                                   accordance with the provisions of this Regulation
(c) due to expire on Wednesday, 22 November 1978,                  and export it from the Member State referred to in
      shall expire on Tuesday, 21 November 1978 at 10
      a.m .
                                                                   paragraph 2 (d).
4.      By way of derogation from paragraph 2, no             4.     Any tender which is not submitted in accor­
partial award will be made on Wednesday, 27                   dance with the provisions of this Article, or which
                                                              contains    terms other than     those   indicated  in the
December 1978 .
                                                              notice of invitation to tender, shall not be considered .
5.      The time limits set in this Article shall be :
                                                               5.    Once submitted a tender may not be withdrawn .
(a) shortened by one hour in Ireland and the United
      Kingdom in the period during which summer
      time does not apply in those Member States ;                                      Article 7
(b) extended by one hour in the other Member States            1.    The security for tender shall be 1 600 units of
      when they apply summer time.                            account .
                          Article 5                            2.    The security shall be provided, at the tenderer's
                                                              choice, either in cash or in the form of a guarantee by
 1 . Member States shall draw up a notice of invita­          an establishment complying with the criteria laid
tion to tender. That notice shall be published in the         down by the Member State in which the tender is
Official Journal of the European Communities.                 submitted .
 ---pagebreak--- No L 243/ 8                           Official Journal of the European Communities                                5 . 9 . 78
3 . Except in case of force majeure, the security                                        A rticle 9
shall be released only if :
                                                                 1 . The price shall be for delivery on quayside or in
(a) the successful tenderer has delivered the sugar to           lighter at the appropriate port of destination chosen
     the port of destination , on quayside or in lighter,        by the successful tenderer, sugar on quayside or in
     in accordance with the prescribed conditions, and           lighter and in bags.
     after production of copy No 1 of the export
     licence duly endorsed and stamped by the compe­             2. The sugar shall be supplied in new jute bags
     tent authority of the Member State referred to in           having the following specifications :
     Article 6 (2) (d) ;
                                                                 (a) of a minimum weight of 450 g and a net content
(b) the tender is not accepted .                                      of 50 kg lined inside with polyethylene of a
                                                                      minimum thickness of 0-04 mm ; or
4. In case of force majeure, the competent
authority shall take such action as it considers neces­          (b) of a minimum weight of 420 g and a net content
sary having regard to the circumstances invoked by                    of 50 kg lined inside with polyethylene of a
                                                                      minimum thickness of 0 05 mm .
the tenderer.
                                                                 The bags shall be clearly and indelibly marked on the
 5.     In the case referred to in paragraph 3 (a), the          outside :
 security shall be released when final payment is made         x
 as provided in Article 10 ( 1 ) ; in the case referred to in     White sugar/Gift of the European Economic Commu­
 paragraph 3 (b) the security shall be released forth­           nity to UNRWA / For free distribution to Palestine
with .                                                           refugees .'
                                                                 3 . The sugar in question must have been produced
                          Article 8
                                                                 and put into free circulation within the Community.
                                                                 4. The sugar must be delivered to the port of desti­
 1 . Tenders shall be examined in private session by             nation by 20 November 1978 . For the purposes of this
 the competent authority. Subject to paragraph 2,                 paragraph delivery shall be considered as having been
 persons present at the examination shall be under an            effected when the ship has entered the specified port
 obligation not to disclose any particulars relating             of destination with the goods still on board.
 thereto .
                                                                  If a contract is not awarded for the price of the lot of
 2.     The tenders shall be communicated, without                sugar at the first partial award, the date of delivery
 names attached thereto, to the Commission without                shall be deferred for a period equal to that running
 delay.                                                           from the date of the first partial award until the date
                                                                  of the partial award at which a contract is awarded .
 3.     In order that the tenders may be directly compar­
 able, each one shall be adjusted as necessary by the             5.    Sampling and analysis shall be carried out by
 monetary compensatory amount applicable to exports               experts approved by the authorities of the Member
 of white sugar from the Member State referred to in              State referred to in Article 15 ( 1 ). All costs of
 Article 6 (2) (d) on the closing date for the submission         weighing, sampling and quality control at the time of
 of tenders. Such adjustment shall be made by :                   loading shall be paid by that Member State. That State
                                                                  shall collect from the successful tenderer a fixed
 — increasing the price in the case of tenders speci­             charge in respect of the said costs of 40 units of
      fying a Member State whose currency has depreci­            account, which charge the tenderer should therefore
      ated,                                                       include in his tender. The fixed charge shall be paid
                                                                  at the time of exportation .
 — reducing the price in the case of tenders speci­
      fying a Member State whose currency has appreci­
      ated .
                                                                                         Article 10
 The rates used for converting the tenders thus                    1 . Without prejudice to Article 15 (2), the compe­
 corrected into units of account shall be :
                                                                  tent authority of the exporting Member State shall
                                                                  make a provisional payment to the successful tenderer
 — in the case of currencies held at any given
      moment within a band of 2 25 % , the central rate ,
                                                                  equal to 90 % of the price quoted in his tender, on
                                                                  production by him of proof that the lot of sugar has
 — in all dther cases, the average spot exchange rate             arrived, within the meaning of Article 9 (4), at the
      during a week ending on the Tuesday immediately             specified port of destination . This proof shall consist
      preceding the final date for the submission of              of a certificate from a specialized international control
      tenders .                                                    and surveillance agency approved by UNRWA.
 ---pagebreak---  5 . 9 . 78                          Official Journal of the European Communities                            No L 243 /9
 In addition, the tenderer shall submit one copy of the        (b) subject as otherwise provided in this Regulation ,
shipping document to the competent authority                         the right to receive payment of the price quoted in
 referred to in the previous subparagraph .                          the tender for the lot ;
                                                               (c) the obligation to apply to the Member State
 Final payment shall be made as soon as the said                     referred to in (a) for a licence as aforesaid for the
authority has received the documents drawn up by                    sugar in question and to deliver that sugar in accor­
 UNRWA certifying that the sugar has been delivered                  dance with the terms of the notice of invitation to
to the stipulated port of destination on quayside or in             tender.
lighter, in accordance with the prescribed conditions.
Those documents shall be sent directly by UNRWA
                                                                2.     The rights and obligations arising from the
to the said authority as soon as possible.                     award of a contract shall not be transferable .
2. If the export formalities in respect of the sugar
are completed in a Member State other than that in                                       Article 14
which the contract was awarded to the successful
tenderer, the competent authority of the exporting              1 . The competent authorities shall immediately
Member State shall for the purposes of Article 7 imme­         notify all tenderers of the outcome of their tenders
diately inform the authority which awarded the                 and shall also send a statement of award to every
contract of final payment in accordance with para­             successful tenderer.
graph 1 .
                                                               2.      The statement of award shall specify at least :
                          Article 11                           (a) the reference number of the invitation to tender ;
                                                               (b) the price accepted, expressed in the currency of
After examination of the tenders, the maximum price                 the exporting Member States.
for the lot of sugar for delivery shall be fixed in accor­
dance with the procedure laid down in Article 36 of
Regulation (EEC) No 3330/74. A decision may,                                             Article 15
however, be taken to make no award in respect of a
partial tender.                                                 1 . The successful tenderer shall be responsible for
                                                               all operations arising from the award of a contract
                                                               pursuant to this Regulation , and must in particular
                          Article 12                           inform the competent authority of the exporting
                                                               Member State and UNRWA as soon as possible of :
 1.      Except where a decision is taken to make no           (a) the name of the vessel and the date of loading ;
award in respect of a partial tender, and without preju­
dice to paragraph 2, the contract shall be awarded to          (b) the expected date of arrival of the vessel at the
the tenderer whose tender, when converted into units                port of destination.
of account, is the lowest for the lot after taking into
account the adjustment referred to in Article 8 (3).           The said authority must communicate that informa­
                                                               tion to the Commission as quickly as possible and,
2. Where there is more than one acceptable tender              where appropriate, to the authority which awarded the
                                                               contract .
at the same price for the same lot, the successful
tenderer shall be chosen by drawing lots.
                                                               2. Without prejudice to Article 7 (3) the price
                                                               accepted shall be reduced by 0-10 unit of account per
                          Article 13
                                                               100 kg of sugar per day if the sugar is delivered after
                                                               the prescribed date, except where late delivery is recog­
                                                               nized by the competent authority which awarded the
1.       Every successful tenderer shall have :                tender as due to force majeure.
(a) the right to receive from the Member State in              3 . If the sugar is of a quality lower than the
     which the tender was submitted an export licence          standard quality it shall be rejected at the tenderer's
      in respect of the relevant quantity specifying that      risk .
      the monetary compensatory amounts on exports
      to third countries do not apply and bearing the
      endorsement :
                                                                                         Article 16
      'Supplies to UNRWA for export from ...
      (exporting Member State indicated in the tender)         This Regulation shall enter into force on 8 September
      without refund — Regulation (EEC) No 2094/78' ;           1978 .
 ---pagebreak--- No L 243/ 10                  Official Journal of the European Communities                        5 . 9 . 78
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 1 September 1978 .
                                                                  For the Commission
                                                                   Finn GUNDELACH
                                                                      Vice-President