CELEX: 31980R1811
Language: en
Date: 1980-07-09 00:00:00
Title: Commission Regulation (EEC) No 1811/80 of 9 July 1980 on a standing invitation to tender for the mobilization of Community white sugar for UNRWA as food aid

11 . 7 . 80                           Official Journal of the European Communities                         No L 177/ 13
                                 COMMISSION REGULATION (EEC) No 1811/80
                                                       of 9 July 1980
              on a standing invitation to tender for the mobilization of Community white
                                              sugar for UNRWA as food aid
THE COMMISSION OF THE EUROPEAN                                   last amended by Regulation (EEC) No 1490/80 (8),
COMMUNITIES,                                                     provides that no monetary compensatory amounts
                                                                 shall apply where products which are the subject of
Having regard to the Treaty establishing the European            Community food aid operations and mobilized on the
Economic Community,                                              Commuity market are exported to third countries ;
Having regard to Council Regulation (EEC) No
3330/74 of 1 9 December 1974 on the common organi­               Whereas it should be laid down that export refunds
zation of the market in sugar (!), at last amended by            and levies are not applicable to this invitation to
                                                                 tender ;
Regulation (EEC) No 1396/78 (2), and in particular
Articles 17, 19 and 34 thereof,
                                                                 Whereas tenders may be submitted by tenderers esta­
Having regard to Council Regulation (EEC) No                     blished in various Member States of the Community
1010/80 of 21 April 1980 on the supply of sugar to               and may relate to sugar to be mobilized in those
UNRWA as food aid (3), and in particular Article 1 (3)           Member States ; whereas, in view of the situation
and (4) thereof,                                                 regarding the currencies of Member States and in
                                                                 order to ensure that tenders are closely comparable,
Having regard to Council Regulation No 129 on the                account should be taken of the effect upon each
value of the unit of account and the exchange rates to           tender of the position of the currency of the Member
be applied for the purposes of the common agricul­               State where the customs export formalities will be
tural policy (4), as last amended by Regulation (EEC)            completed ;
No 2543/73 (5), and in particular Article 3 thereof,
Having regard to the opinion of the Monetary                     Whereas the Monetary Committee will be consulted ;
Committee,                                                       whereas, owing to the urgency of the matter, the
                                                                 proposed measures should be adopted under the
Whereas Article 1 ( 1 ) of Regulation (EEC) No 1010/80           conditions laid down in Article 3 (2) of Council Regu­
provides for the supply to the United Nations Relief             lation No 129 on the value of the unit of account and
and Works Agency for Palestine refugees, hereinafter             the exchange rates to be applied for the purposes of
referred to as 'UNRWA', of white sugar produced and              the common agricultural policy, as last amended by
in free circulation within the Community ; whereas               Regulation (EEC) No 2543/73 ;
that white sugar should be of standard quality as
defined in Council Regulation (EEC) No 793/72 of 17              Whereas the measures provided for in this Regulation
April 1972 fixing the standard quality for white                  are in accordance with the opinion of the Manage­
sugar (6) ;                                                       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 mobilization of the goods by
tender, the appropriate rules of the common organiza­
 tion of the market in sugar governing invitations to                                     Article 1
 tender should be followed ;
Whereas Commission Regulation (EEC) No 1380/75                    1 . A standing invitation to tender shall be issued
 of 29 May 1975 laying down detailed rules for the                for the supply to UNRWA, as Community food aid,
 application of monetary compensatory amounts (7), as             of a total quantity of 6 086 tonnes of white sugar
                                                                  produced and in free circulation within the Commu­
  1) OJ No L 359, 31 . 12. 1974, p. 1 .                           nity and, during the period of that standing invitation,
  2) OJ No L 170, 27. 6. 1978, p. 1 .                             partial invitations to tender shall be issued. The said
  3) OJ No L 108 , 26. 4. 1980, p. 1 .                            quantity shall be split into three lots designated Al ,
  *) OJ No 106, 30. 10. 1962, p. 2553/62.                         A2 and A3 .
  5) OJ No L 263, 19. 9 . 1973, p. 1 .
  ') OJ No L 94, 21 . 4. 1972, p. 1 .
  7) OJ No L 139, 30 . 5 . 1975, p. 37.                           (8) OJ No L 148 , 14. 6. 1980, p. 37.
 ---pagebreak--- No L 177/ 14                      Official Journal of the European Communities                                11 . 7 . 80
2.     The standing invitation shall relate to the price    The notice may be amended during the period of
of each of lots Al , A2, and A3 to be delivered to the      validity of the standing invitation . It shall be amended
port of unloading, on quayside or in lighter. The said      if the terms of the invitation to tender are amended
lots shall be made up as stated in the Annex. The           during that period of validity.
sugar must be of standard quality as defined in Article
1 of Regulation (EEC) No 793/72.                            3.     The notice shall indicate in particular the terms
                                                            of the invitation to tender.
3. No export levy or refund shall apply in respect
of the quantity referred to in paragraph 1 .
                                                                                      Article 6
                        Article 2                            1 . Tenderers may either deliver written tenders in
                                                            person to the competent authority of the Member
Partial tenders during the period of the standing invita­   State in question against a receipt, or address them to
tion shall be organized in accordance with Regulation       the competent authority by registered letter, telex or
(EEC) No 1010/80 and with the following provisions.         telegram .
                                                            2.     Tenders shall state :
                        Article 3
                                                            (a) the reference number of the invitation to tender ;
The standing invitation to tender shall remain open
until the date of the partial tender at which are           (b)  the reference number of the lot ;
awarded contracts for the prices of the lots referred to    (c) the name and address of the tenderer ;
in Article 1 , or, if necessary, the price of the           (d)  the price proposed for the lot in question,
remaining lot. In that case the standing invitation              expressed in the currency of the Member State
shall thereupon automatically close with effect from             referred to in (e) ;
that date.
                                                            (e) the Member State in which the tenderer, in the
                                                                 event of his being successful, intends to complete
                        Article 4                                the customs formalities for the export of the
                                                                 sugar ;
1 . Tenders in respect of the first partial award may
be submitted from the day of publication of the             (f) the amount of the security for tender to be lodged
standing invitation to tender in the Official Journal            at least for the relevant lot expressed in the
                                                                 currency of the Member State where the tender is
of the European Communities until 16 July 1980 at                submitted .
10 a.m .
2.     For subsequent partial awards tenders may be         3.     A tender shall be valid only if :
submitted :
                                                            (a) it relates to the price referred to in Article 9 ;
(a) from the first working day following the expiry of      (b) before the time limit for the submission of tenders
     the preceding period for the submission of                  proof is furnished that the security for tender
     tenders ;                                                   referred to in Article 7 has been provided ;
(b) until the Wednesday of the following week 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
3.     The time limits set in this Article shall be :            and export it from the Member State referred to in
(a) shortened by one hour in Ireland and the United              paragraph 2 (e) ;
     Kingdom in the period during which summer              (d) it includes all the particulars specified in para­
     time does not apply in those Member States ;                graph 2.
(b) extended by one hour in the other Member States
     when they apply summer time.                           4. Any tender which is not submitted in accor­
                                                            dance with the provisions of this Article, or which
                                                            contains terms other than those indicated in the
                        Article 5                           notice of invitation to tender, shall not be considered .
 1 . Member States shall draw up a notice of invita­        5.     Once submitted, a tender may not be withdrawn .
tion to tender. That notice shall be published in the
 Official Journal of the European Communities.
Member States may also publish it or arrange for it to                                Article 7
be published elsewhere .
                                                             1.    The security for tender shall be 69 000 ECU for
2.     The said notice shall be published only for the      lot Al , 131 050 ECU for lot A2 and 104 250 ECU for
purpose of opening the standing invitation to tender.       lot A3 .
 ---pagebreak--- 11 . 7. 80                            Official Journal of the European Communities                          No L 177/ 15
2. The security shall be provided, at the tenderers                  to the Tuesday of the following week being the
choice, either in cash or in the form of a guarantee by              period immediately preceding the final date for
an establishment complying with the criteria laid                    the submission of tenders.
down by the Member State in which the tender is
submitted.
                                                                                         Article 9
3. Except in case of force majeure, the security
shall be released only if :                                      1 . The price shall be for delivery at the port of
                                                                unloading, sugar in bags on quayside or in lighter for
(a) the successful tenderer has delivered the sugar to          the destination of each of the lots stated in the Annex.
     the port of unloading on quayside or in lighter, in
     accordance with the prescribed conditions, and             2.     The sugar shall be supplied in new jute bags
     after production of copy No 1 of the export                having the following specifications :
     licence duly endorsed and stamped by the compe­
     tent authority of the Member State referred to in          (a) of a minimum weight of 450 g and a net content
     Article 6 (2) (e) ;                                             of 50 kg lined inside with polyethylene of a
                                                                     minimum thickness of 0-04 mm ; or
(b) the tender is not accepted.
                                                                (b) of a minimum weight of 420 g and a net content
4.     In case of force majeure, the competent                       of 50 kg lined inside with polyethylene of a
                                                                     minimum thickness of 0-05 mm .
authority shall take such action as it considers neces­
sary having regard to the circumstances invoked by
the tenderer.                                                   The bags shall be clearly and indelibly marked on the
                                                                outside :
5. In the case referred to in paragraph 3 (a), the              'White sugar / Gift of the European Economic
security shall be released when final payment is made           Community to UNRWA / For free distribution to
as provided in Article 10 ( 1 ) ; in the case referred to in     Palestine refugees'.
paragraph 3 (b) the security shall be released forth­
with .                                                          3. The sugar in question must have been produced
                                                                and put into free circulation within the Community.
                         Article 8
                                                                4. The sugar must be delivered not later than the
                                                                date and at the ports stated in the Annex. For the
1 . Tenders shall be examined in private session by              purposes of this paragraph delivery shall be consid­
the competent authority. Subject to paragraph 2,                ered as having been effected when the ship has
persons present at the examination shall be under an            entered the specified port of unloading with the goods
obligation not to disclose any particulars relating             still on board.
thereto.
                                                                 If contracts are not awarded for the prices of the lots
2.     The tenders shall be communicated, without                of 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 contracts are 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 white                 experts approved by the authorities of the Member
sugar, on the closing date for the submission of                 State referred to in Article 15 ( 1 ). All costs of
tenders, for exports from the Member State referred to           weighing, sampling and quality control at the time of
in Article 6 (2) (e). 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
     fying a Member State whose currency has depreci­            charge in respect of the said costs : as regards lot Al :
     ated,                                                       1 168 ECU, lot A2 : 3 169 ECU, lot A3 : 2 521 ECU,
                                                                 which charges the tenderer should therefore include
— reducing the price in the case of tenders speci­               in his tender. The fixed charge shall be paid at the
     fying a Member State whose currency has appreci­            time of exportation .
     ated.
The rates used for converting the tenders thus                                          Article 10
corrected into ECU would be :
                                                                 1 . Without prejudice to Article 15 (2), the compe­
— in the case of currencies held at any given                    tent authority of the exporting Member State shall
     moment within a band of 2-25 % , the central rate,          make a provisional payment to the successful tenderer
— in all other cases, the average spot exchange rates            equal to 90 % of the ' price quoted in his tender, on
     during a period from the Wednesday of one week              production by him of proof that the relevant lot of
 ---pagebreak---   No L 177/ 16                       Official Journal of the European Communities                               11 . 7. 80
  sugar has arrived, within the meaning of Article 9 (4),           without levy or refund — Regulation (EEC) No
  at the specified port of unloading. This proof shall               1811 /80';
  consist of a certificate from a specialized international     (b) subject as otherwise provided in this Regulation,
  control and surveillance agency approved by                       the right to receive payment of the price quoted in
  UNRWA.
                                                                    the tender for the lot in question ;
  In 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 previous subparagraph.                         sugar in question and to deliver that sugar in accor­
                                                                    dance with the terms of the notice of invitation to
  Final payment shall be made as soon as the said                   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
 to the stipulated port of unloading on quayside or in          award of a contract shall not be transferable.
 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.
 2. If the export formalities in respect of the sugar           1.    The competent authorities shall immediately
 are completed in a Member State other than that in             notify all tenderers of the outcome of their tenders
 which the contract was awarded to the successful               and shall also send a statement of award to every
                                                                successful tenderer.
 tenderer, the competent authority of the exporting
 Member State shall for the purposes of Article 7 imme­         2.    The statement of award shall specify at least :
 diately inform the authority which awarded the
 contract of final payment in accordance with para­            (a) the reference number of the invitation to tender ;
 graph 1 .                                                     (b) the reference number of the lot ;
                                                               (c) the price accepted expressed in the currency of the
                          Article 11                                exporting Member State.
 After examination of the tenders, the maximum price
 for each of the lots of sugar for delivery shall be fixed                             Article 15
 in accordance with the procedure laid down in Article
 36 of Regulation (EEC) No 3330/74. A decision may,             1 . The successful tenderer shall be responsible for
 however, be taken to make no award in respect of a            all operations arising from the award of a contract
 partial tender.                                               pursuant to this Regulation, and must in particular
                                                               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 ;
 1 . Except where a decision is taken to make no               (b) the expected date of arrival of the vessel at the
award in respect of a partial tender, and without preju­            port of unloading.
dice to paragraph 2, the contract shall be awarded to
the tenderer whose tender, when converted into ECU,            The said authority must communicate that informa­
is the lowest for the relevant lot after taking into           tion to the Commission as quickly as possible and,
account the adjustment referred to in Article 8 (3).           where appropriate, to the authority which awarded the
                                                               contract.
2. Where there is more than one acceptable tender
at the same price for the same lot, the successful             2. Without prejudice to Article 7 (3) the price
tenderer shall be chosen by drawing lots.                      accepted shall be reduced by 012 ECU per 100 kg of
                                                               sugar per day if the sugar is delivered after the pre­
                                                               scribed date, except where late delivery is recognized
                          Article 13
                                                              by the competent authority which awarded the tender
                                                              as due to force majeure.
1.     Every successful tenderer shall have :
(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
                                                              risk.
     in respect of the relevant quantity specifying that
     the monetary compensatory amounts on exports
     to third countries do not apply and bearing the                                   Article 16
     endorsement :
     'Supplies to UNRWA for export from . . .                 This Regulation shall enter into force on 1 1 July
     (exporting Member State indicated in the tender)          1980 .
 ---pagebreak--- 11 . 7. 80                              Official Journal of the European Communities                                  No L 177/ 17
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 9 July 1980.
                                                                                 For the Commission
                                                                                  Finn GUNDELACH
                                                                                      Vice-President
                                                               ANNEX
         Reference No                              Quantity       Quality
                                                                                                              Deadline
                           Port of shipment                                       Port of unloading
             of lot                                (tonnes)                                                for delivery (')
              A1         Community ports             1 380          2         Lattakia or Tartous       16 September 1980
                                                                             (Syria)
              A2         Community ports            2 621           2         Aquaba (Jordan)           16 September 1980
              A3         Community ports            2 085           2         Ashdod (2) (Israel)       16 September 1980
       (!) 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.