CELEX: 31976R1128
Language: en
Date: 1976-05-14 00:00:00
Title: Commission Regulation (EEC) No 1128/76 of 14 May 1976 on a standing invitation to tender for the mobilization of Community white sugar for UNRWA as food aid

15 . 5 . 76                              Official Journal of the European Communities                          No L 127/ 31
                                    COMMISSION REGULATION (EEC) No 1128/76
                                                         of 14 May 1976
              on a standing invitation to tender for the mobilization of Community white
                                                 sugar for UNRWA as food aid
THE COMMISSION OF THE EUROPEAN                                     Whereas it should be laid down that export refunds
COMMUNITIES,                                                       and levies are not applicable to this invitation to
                                                                    tender ;
Having regard to the Treaty establishing the European
Economic Community,                                                Whereas tenders may be submitted by tenderers esta­
                                                                    blished in different Member States of the Community
Having regard to Council Regulation (EEC) No                        arid may relate to sugar to be mobilized in those
3330/74 of 19 December 1974 on the common organi­                   Member States ; whereas, in view of the situation
zation of the market in sugar ( J), as last amended by              regarding Member States' currencies and in order to
Regulation (EEC) No 3058/75 (2), and in particular                  ensure that the tenders are more closely comparable,
Articles 17, 19 and 34 thereof,
                                                                    account should be taken of the incidence upon each
Having regard to Council Regulation (EEC) No                        tender of the situation regarding the currency of the
1034/76 of 30 April 1976 on the supply of white                     Member State where the customs export formalities
sugar to UNRWA as food aid (3), and in particular                   will be completed ;
Article 1 (3) and (4) thereof,
                                                                    Whereas the Monetary Committee will be consulted ;
Whereas Article 1 ( 1 ) of Regulation (EEC) No 1034/76              whereas, owing to the urgency of the matter, the
provides for the supply to the United Nations Relief                proposed measures should be adopted under the
and Works Agency for Palestine Refugees, hereinafter                conditions laid down in Article 3 (2) of Council Regu­
referred to as 'UNRWA', for the 1975/76 sugar                       lation No 129 on the value of the unit of account and
marketing year, of 6 153 metric tons of white sugar                 the exchange rates to be applied for the purposes of
produced and in free circulation within the Commu­                  the common agricultural policy (8), as last amended by
nity ; whereas in view of its destination, that white               Regulation (EEC) No 2543/73 (9) thereof ;
sugar should be of Grade I as defined in Commission
Regulation (EEC) No 1280/71 of 18 June 1971 laying                  Whereas, in order to clarify the legal situation
down detailed rules for the buying-in of sugar by inter­            regarding the invitations to tender previously issued in
vention agencies (4), as last amended by Regulation                 respect of sugar, the invitations to tender referred to in
(EEC) No 2799/75 (5) ;                                              Article 1 6 of this Regulation should be closed ;
Whereas Article 2 of Regulation (EEC) No 1034/76
lays down that the Community is to defray the cost of               Whereas the measures provided for in this Regulation
the sugar delivered to the port of unloading ;                      are in accordance with the opinion of the Manage­
                                                                    ment Committee for Sugar,
Whereas, for the mobilization of the goods by
tendering procedure, the rules laid down under the
common organization of the market in sugar
governing invitations to tender should be followed as               HAS ADOPTED THIS REGULATION :
appropriate ;
Whereas Commission Regulation (EEC) No 1380/75                                               Article 1
of 29 May 1975 laying down detailed rules for the
application of monetary compensatory amounts (6), as
last amended by Regulation (EEC) No 1040/76 (7),                     1 . Member States shall issue a standing invitation
lays down that no monetary compensatory amount is                   to tender for the supply to UNRWA, as Community
to apply to products which are the subject of Commu­                food aid, of a total of 6 1 53 metric tons of white sugar
nity food aid operations and are exported to non­                   produced and in free circulation within the Commu­
member countries, where those products are mobi­                    nity and, during the period of validity of the standing
lized on the Community market ;                                     invitation, they shall organize partial tenderings each
                                                                    week .
C)  OJ   No L 359,  31 . 12. 1974, p. 1 .
(2) OJ   No L 306,  26. 11 . 1975, p. 3 .                           The said quantity shall be divided into two lots, A and
(J) OJ   No L 118 , 5 . 5 . 1976, p. 1 .                             B.
(4) OJ   No L 133,  19 . 6. 1971 , p. 34.
(5) OJ   No L 279,  30 . 10 . 1975, p. 7.
(') OJ   No L 139,  30 . 5. 1975, p. 37.                            (8) OJ No 106, 30 . 12. 1962, p. 2553/62.
(7) OJ   No L 118 , 5. 5. 1976, p. 12.                              C) OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 127/32                        Official Journal of the European Communities                                 15 . 5. 76
2. The standing invitation shall relate to the price          Official Journal of the European Communities.
of each of the lots, A and B, delivered at the port of        Member States may also arrange for it to be published
unloading on quayside or lighter. The composition of          elsewhere .
the lots shall be as stated in the Annex. The sugar
must be of Grade 1 as defined in Article 11 ( 1 ) of          2.      The said notice shall be published only for the
Regulation (EEC) No 1280/71 .                                 purpose of issuing the standing invitation to tender.
                                                              The notice may be amended during the period of
3 . No export levy or refund shall apply in respect           validity of the standing invitation . It shall be amended
of the quantity referred to in paragraph 1 .                  if the terms of the invitation to tender are amended
                                                              during that period of validity.
                         Article 2
                                                              3.      The notice shall indicate in particular the terms
Partial tenderings during the period of validity of the       of the invitation to tender.
standing invitation shall be organized in accordance
with Regulation (EEC) No 1034/76 and with the
following provisions.                                                                    Article 6
                         Article 3                            1.      Tenderers shall either deliver written tenders to
                                                              the competent authority of the Member State in ques­
The standing invitation to tender shall remain open           tion against a receipt, or address tenders to the compe­
until the date of the partial tendering at which              tent authority by registered letter, telex or telegram .
contracts are awarded for the relevant lots, or, as the
case may be, for the remaining lot. The standing invi­        2.       Tenders shall state :
tation shall thereupon automatically be closed on that
date .                                                        (a)   the  reference number of the invitation to tender ;
                                                              (b)   the  reference number of the lot ;
                         Article 4
                                                              (c)   the  name and address of the tenderer ;
 1.     For the first partial tendering tenders may be        (d)   the    price proposed for the lot in question
submitted from the day of publication of the standing               expressed in the currency of the Member State
 invitation to tender in the Official Journal of the                referred to in (e) ;
 European Communities until 19 May 1976 at 10.00
 hours .                                                      (e) the Member State in which the tenderer, in the
                                                                    event of his being successful, intends to complete
 2.     For subsequent partial tenderings tenders may be            the customs formalities for the export of the sugar.
 submitted :
                                                               3.      A tender shall be valid only if :
 (a) from the first working day following the end of the
      preceding partial tendering,                            (a) it relates to the price referred to in Article 1 (2) ;
 (b) until Wednesday of the following week at 10.00           (b) proof is furnished before the time limit for the
      hours .
                                                                     submission of tenders that the security for tender
 3. Notwithstanding paragraph 2 (b), the time limits                 referred to in Article 7 has been provided ;
 for tenders due by :                                          (c) it includes a declaration by the tenderer that, if
 (a) Wednesday 2 June 1976 shall be deferred to                      awarded the contract, he will deliver the sugar in
      Thursday 3 June 1976 at 10.00 hours,                           accordance with the provisions of this Regulation
                                                                     and export it from the Member State referred to in
 (b) Wednesday 14 and 21 July 1976 shall be brought                  paragraph 2 (e).
      forward to Tuesday 13 and 20 July 1976 respec­
      tively at 10.00 hours.                                   4.      A tender which is not submitted in accordance
 4.     The time limits set in this Article shall be :         with the provisions of this Article, or which contains
                                                               terms other than those indicated in the notice of invi­
 (a) brought forward by one hour in Ireland and the            tation to tender, shall be rejected.
      United Kingdom in the period during which
      summer time does not apply in those Member               5.      Once a tender has been submitted it may not be
      States ;                                                 withdrawn .
 (b) deferred by one hour in the other Member States
      when they apply summer time .
                                                                                         Article 7
                         Article 5
                                                                1.     The security required for the tender shall be
  1.    Member States shall draw up a notice of invita­         1 80 1 20 units of account for lot A and 66 000 units of
  tion to tender. That notice shall be published in the        account for lot B.
 ---pagebreak---  15 . 5. 76                          Official Journal of the European Communities                          No L 127/33
2. The security shall be provided, at the tenderers                                     Article 9
choice, either in cash or in the form of a guarantee by
an establishment complying with the criteria laid               1 . The price shall be for delivery on quayside or on
down by the Member State in which the tender is                lighter at the port of unloading for the destination
submitted .                                                    appropriate to the lot specified in the Annex.
3 . Except in cases of force majeure, the security             2. The sugar shall be supplied in new jute sacks
shall be released only if :                                    with an inner polyethylene lining :
(a) the successful tenderer has delivered the sugar at         (a) either of a minimum weight of 450 grammes and
      the port of unloading on quayside or lighter, in              net content of 50 kilogrammes, or
      accordance with the prescribed terms, and after          (b) of a minimum weight of 700 grammes and a net
      production of copy No 1 of the export licence                 content of 100 kilogrammes.
      duly endorsed and with the quantity duly entered
      by the competent authority of the Member State           The sacks shall be clearly and indelibly marked on
      referred to in Article 6 (2) (e) ;                       the outside :
(b) the tender is not accepted.
                                                               'White sugar — Gift of the European Economic
4. In cases of force majeure, the competent                    Community to UNRWA — For the benefit of Pales­
authority shall decide upon the measures necessary in          tine refugees'.
the light of the circumstances invoked by the
tenderer.                                                      3 . The sugar in question shall have been produced
                                                               and put into free circulation in the Community.
5. In the case referred to in paragraph 3           (a), the
security shall be released when final payment      is made     4. The sugar must be delivered to the ports and by
as provided for in Article 10 ( 1 ); in the case   referred    the date specified in the Annex. For the purposes of
to in paragraph 3 (b) the security shall be        released    this paragraph delivery shall be considered as having
immediately.                                                   been effected when the ship has entered the specified
                                                               port of destination with the goods still on board.
                          Article 8                            If a contract is not awarded for either of the lots of
                                                               sugar at the first partial tendering, the date of delivery
 1 . Tenders shall be examined in private session by           of that lot shall be postponed for a period equal to
the competent authority. Subject to paragraph 2,               that running from the first partial tendering until the
persons present at the examination shall be sworn to           partial tendering at which a contract for that lot is
secrecy.                                                       awarded .
2.      The    tenders shall be communicated without           5. Sampling and analysis shall be carried out by
names attached to the Commission without delay.                experts approved by the authorities of the Member
                                                               State referred to in Article 15 ( 1 ). All costs of
3 . In order that the tenders may be directly compar­          weighing, sampling and quality control at the time of
able, each one shall be adjusted, where necessary, by          loading shall be paid by that Member State. That State
the monetary compensatory amount applicable to                 shall exact from the successful tenderer fixed charges
exports from the Member State referred to in Article 6         in respect of the said costs of 4 503 units of account
(2) (e) on the closing date for the submission of              for lot A and 1 650 units of account for lot B, which
tenders. Such adjustment shall be made by :                    charges the tenderer should therefore include in his
                                                               tender. The successful tenderer shall pay the appro­
— increasing the price in the case of tenders speci­           priate fixed charge at the time of export to the
      fying a Member State whose currency has depreci­
      ated,
                                                               Member State referred to in Article 15 ( 1 ).
— reducing the price in the case of tenders speci­
      fying a Member State whose currency has appreci­                                 Article 10
      ated .
                                                               1 . Without prejudice to Article 15 (2), the compe­
The rates, thus corrected, used for converting those           tent authority of the exporting Member State shall
offers into units of account shall be :                        make a provisional payment to the successful tenderer
                                                               equal to 90 % of the price quoted in his tender, on
— in the case of currencies held at any given                  presentation by the tenderer of proof that the lot of
      moment within a band of 2-25 % , the central rate,
                                                               sugar in question has been delivered within the
— in all other cases, the average spot exchange rate           meaning of Article 9 (4) at the specified port of desti­
     during a week ending on the Tuesday immediately           nation . This proof shall consist of a certificate from a
     preceding the final date for the submission of            specialized international control and surveillance
     tenders .                                                 agency approved by UNRWA.
 ---pagebreak--- No L 127/34                         Official Journal of the European Communities                              15. 5. 76
In addition, the tenderer shall submit one copy of the        2.      The rights and obligations arising from the
shipping document to the authority referred to in the         award of the contract shall not be transferable .
first subparagraph. Final payment shall be made as
                                                                                           Article 14
soon as the said authority has received the documents
drawn up by UNRWA certifying that the sugar has                1 . The competent authorities shall immediately
been delivered on quayside at the stipulated port of           notify all tenderers of the outcome of their tenders
unloading and in accordance with the conditions laid          and shall also send a statement of award to the
down . Those documents shall be sent directly by               successful tenderer.
UNRWA to the said authority as soon as possible.               2. The statement of award shall specify at least :
2. If the export formalities in respect of the sugar          (a) the reference number of the invitation to tender ;
are completed in a Member State other than that in            (b) the reference number of the lot ;
which the contract was awarded to the successful              (c) the price accepted expressed in the currency of the
tenderer, the competent authority of the exporting                  exporting Member State .
Member State shall immediately inform the authority
which awarded the contract of the final payment                                             Article 15
referred to in paragraph 1 , for purposes of application       1 . The successful tenderer shall be responsible for
of Article 7.
                                                               all operations arising from the award of a contract
                                                               pursuant to this Regulation, and must in particular
                         Article 11                            inform the competent authority of the exporting
                                                               Member State and UNRWA as soon as possible :
The maximum price for supplying each lot of sugar
shall be fixed after examination of the tenders, in            (a) of the name of the ship and the date of loading,
accordance with the procedure laid down in Article 36          (b) the expected date of arrival of the ship at the port
of Regulation (EEC) No 3330/74.                                     of unloading.
                                                               The said authority must communicate that informa­
However, a decision may be taken to make no award
                                                               tion to the Commission as quickly as possible and,
in respect of a partial tendering.
                                                               where applicable, to the authority which awarded the
                                                               tender.
                         Article 12
                                                               2. Without prejudice to Article 7 (3) the price
 1 . Except where a decision is taken to make no               accepted shall be reduced by :
award in respect of a partial tendering and without            (a) 0-60 unit of account per 100 kilogrammes of sugar
prejudice to paragraph 2, the contract shall be                     if the sugar is of Grade 2 as defined in Regulation
awarded to the tenderer whose tender, when converted                (EEC) No 793/72 (!) ;
into units of account, is the lowest for the lot in ques­      (b) 0-10 unit of account per 100 kilogrammes of sugar
tion after taking into account the adjustment referred              per day if the sugar is delivered after the pres­
to in Article 8 (3).                                                cribed date, except where late delivery is recog­
2. Where there is more than one acceptable tender                   nized as due to force majeure by the competent
at the same price for the same lot, the successful                  authority which awarded the tender!
tenderer shall be chosen by drawing lots.                      3 . If the sugar is of a grade lower than that stipu­
                                                               lated in paragraph 2 (a) it shall be rejected at
                         Article 13                            tenderer's risk.
 1.    The successful tenderer shall have :                                                 Article 16
(a) the right to receive from the Member State where           The invitations to tender mentioned in Regulations
     the tender was submitted an export licence in             (EEC) No 1734/70 (2), (EEC) No 258/71 (3), (EEC) No
     respect of the relevant quantity specifying that the       1 101 /73 (4), (EEC) No 1977/73 (5), (EEC) No
     monetary compensatory amounts on exports to               2141 /73(6), (EEC) No 314/75 (7), (EEC) No 557/75 (8)
     non-member countries do not apply and bearing             and (EEC) No 558 /75 (9) are hereby closed.
     the endorsement 'Supplies to UNRWA for export                                          Article 17
     from . . . (exporting Member State indicated in the
     tender) without levy or refund (Regulation (EEC)          This Regulation shall enter into force on 15 May
     No 1128/76)';                                              1976 .
(b) without prejudice to the other provisions of this
     Regulation, the right to receive payment of the           (!)  OJ  No   L 94, 21 . 4. 1972, p. 1 .
                                                               (2)  OJ  No   L 191 , 27. 8 . 1970, p. 30 .
     price quoted in the tender for the lot in question ;      (3)  OJ  No   L 29, 5. 2. 1971 , p. 29 .
(c) the obligation to apply to the Member State                  4  OJ  No   L 112, 28 . 4. 1973, p. 20.
     referred to in (a) for the abovementioned licence         (5)  OJ  No   L 201 , 21 . 7. 1973, p. 26.
     for the sugar in question and to deliver it in accor­     (6)  OJ  No   L 216, 4. 8 . 1973, p. 12.
                                                               (7)  OJ  No   L 35, 8 . 2. 1975, p. 11 .
     dance with the terms of the notice of invitation to
                                                                 «) OJ  No   L 59, 5. 3 . 1975, p. 8 .
     tender.                                                   (9)  OJ  No   L 59, 5 . 3 . 1975, p. 16.
 ---pagebreak---  15.5.76                                        Official Journal of the European Communities                                    No L 127/35
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 14 May 1976.
                                                                                                For the Commission
                                                                                                  P. J. LARDINOIS
                                                                                              Member of the Commission
                                                                              ANNEX
                                                                      Quantity                                                Latest date
        Lot                       Port of loading                                       Quality        Port of unloading
                                                                    (metric tons)                                           for delivery (')
        A               Community ports                                4 503           Grade 1       Lattakia (Syria)    30 June 1976
         B              Community ports                                1 650           Grade 1      Ashdod (Israel)      30 June 1976
(') without prejudice to the second subparagraph of Article 9 (4) of this Regulation .