CELEX: 31977R2483
Language: en
Date: 1977-11-10 00:00:00
Title: Commission Regulation (EEC) No 2483/77 of 10 November 1977 on a standing invitation to tender for the mobilization of Community white sugar for UNRWA as food aid

11 . 11 . 77                           Official Journal of the European Communities                        No L 287/ 15
                                    COMMISSION REGULATION (EEC) No 2483/77
                                                      of 10 November 1977
                on a standing invitation to tender for the mobilization of Community white
                                                 sugar for UNRWA as food aid
 THE COMMISSION OF THE EUROPEAN                                     Community food aid operations and mobilized on the
 COMMUNITIES,                                                       Community market, are exported to third countries ;
 Having regard to the Treaty establishing the European             Whereas it should be laid down that export refunds
 Economic Community,                                               are not applicable to this invitation to tender ;
 Having regard to Council Regulation (EEC) No                      Whereas tenders may be submitted by tenderers esta­
 3330/74 of 19 December 1974 on the common organi­                 blished in various Member States of the Community
 zation of the market in sugar ('), as last amended by              and may relate to sugar to be mobilized in those
 Regulation (EEC) No 11 10/77 (2), and in particular               Member States ; whereas, in view of the situation
 Articles 17, 19 and 34 thereof,                                    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
  1034/76 of 30 April 1976 on the supply of white                  tender of the position of the currency of the Member
 sugar to UNRWA as food aid (3), and in particular                 State where the customs export formalities will be
 Article 1 (3) and (4) thereof,                                    completed ;
 Whereas Article 1 ( 1 ) of Regulation (EEC) No 1034/76            Whereas the Monetary Committee will be consulted ;
 provides for the supply to the United Nations Relief              whereas, owing to the urgency of the matter, the
 and Works Agency, hereinafter referred to as                      proposed measures should be adopted under the
 'UNRWA', for Palestine refugees of white sugar                    conditions laid down in Article 3 (2) of Council Regu­
                                                                   lation No 129 on the value of the unit of account and
 produced and in free circulation within the Commu­
 nity ; whereas, in view of its destination, that white            the exchange rates to be applied for the purposes of
 sugar should be of Grade 1 as defined in Commission               the common agricultural policy (7), as last amended by
 Regulation (EEC) No 2103/77 of 23 September 1977                  Regulation (EEC) No 2543/73 (8) ;
 laying down detailed rules for the buying-in by inter­
 vention agencies of sugar manufactured from beet and              Whereas the measures provided for in this Regulation
 cane harvested in the Community (4) ;                             are in accordance with the opinion of the Manage­
                                                                   ment Committee for Sugar,
 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
 tion ;
                                                                   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 is being opened
of 29 May 1975 laying down detailed rules for the                  for the supply to UNRWA, as Community food aid,
application of monetary compensatory amounts (5), as               of a total of 6 102 tonnes of white sugar produced and
 last amended by Regulation (EEC) No 1 556/77 (6),                 in free circulation within the Community, and during
 provides that no monetary compensatory amounts                    the period of validity of the standing invitation they
shall apply where products which are the subject of                shall each week organize partial tenders.
(')  OJ  No  L 359, 31 . 12. 1974, p. 1 .                          The said quantity shall be divided into four lots, Al ,
(2)  OJ  No  L 134, 28 . 5. 1977, p. 1 .                           A2, A3 and A4.
(')  OJ  No  L 118, 5. 5. 1976, p. 1 .
(4)  OJ  No  L 246, 27. 9 . 1977, p. 12.
(5)  OJ  No  L 139, 30. 5. 1975, p. 37.                            (7) OJ No 106, 30. 12. 1962, p. 2553/62.
(b)  OJ  No  L 173, 13 . 7. 1977, p. 10 .                          (8) OJ No L 263, 19 . 9. 1973, p. 1 .
 ---pagebreak--- No L 287/ 16                      Official Journal of the European Communities                              11 . 11 . 77
2.    The standing invitation shall relate to the price     The notice may be amended during the period of
of each of lots Al , A2, A3 and A4, delivered to the        validity of the standing invitation . It shall be amended
port of destination, on quayside or in lighter. The         if the terms of the invitation to tender are amended
composition of the lots shall be as stated in the           during that period of validity.
Annex hereto. The sugar must be of Grade 1 as
defined in Article 12 ( 1 ) of Regulation (EEC) No          3.      The notice shall indicate in particular the terms
2103/77.                                                    of the invitation to tender.
3. No export refund shall apply in respect of the
                                                                                      Article 6               >
quantity referred to in paragraph 1 .
                                                             1 . Tenderers may either deliver written tenders in
                        Article 2
                                                             person to the competent authority of the Member
Partial tenders during the period of validity of the         State in question against a receipt, or address them to
standing invitation shall be organized in accordance         the competent authority by registered letter, telex or
with Regulation (EEC) No 1034/76 and with the                telegram .
following provisions.                                        2.     Tenders shall state :
                        Article 3                            (a) the reference number of the invitation to tender ;
                                                             (b) the lot number ;
The standing invitation to tender shall remain open
until the date of the partial tender at which are            (c) the name and address of the tenderer ;
awarded contracts for the prices of the lots referred to     (d) the price proposed for the lot in question,
in Article 1 or, as the case may be, at which is                 expressed in the currency of the Member State
awarded a contract for the remaining lot. The standing           referred to in (e) ;
invitation shall thereupon automatically close with          (e) the Member State in which the tenderer, in the
effect from that date .                                          event of his being successful, intends to complete
                                                                  the customs formalities for the export of the sugar.
                        Article 4
                                                             3.     A tender shall be valid only if :
1 . Tenders in respect of the first partial award may
be submitted from the day of publication of the              (a) it relates to the price referred to in Article 1 (2) ;
standing invitation to tender in the Official Journal        (b) before the time limit for the submission of tenders
of the European Communities until 23 November                     proof is furnished that the security for tender
 1977 at 10 a.m .                                                 referred to in Article 7 has been provided ;
2.     For subsequent partial awards tenders may be          (c) it includes a declaration by the tenderer that, if
submitted :                                                       awarded a contract, he will deliver the sugar in
                                                                  accordance with the provisions of this Regulation
(a) from the first working day following the expiry of            and export it from the Member State referred to in
     the preceding period for the submission of                   paragraph 2 (e).
     tenders,
(b) until the Wednesday of the following week at 10          4. Any tender which is not submitted in accor­
     a.m .                                                   dance with the provisions of this Article, or which
                                                             contains terms other than those indicated in the
3. By way of derogation from paragraph 2, no                  notice of invitation to tender, shall not be considered .
partial award will be made on Wednesday, 28
 December 1977 .                                              5.    Once submitted a tender may not be withdrawn .
4.     The time limits set in this Article shall be
advanced by one hour in Ireland and the United                                        Article 7
 Kingdom in the period during which summer time
 does not apply in those Member States.                       1 . The security for tender shall be 20 000 units of
                                                              account for lot Al , 32 600 units of account for lot A2,
                                                              90 600 units of account for lot A3 and 100 880 units
                        Article 5                             of account for lot A4.
 1 . Member States shall draw up a notice of invita­
 tion to tender. That notice shall be published in the        2. The security shall be provided, at the tenderer's
 Official Journal of the European Communities.                choice, either in cash or in the form of a guarantee by
                                                              an establishment complying with the criteria laid
 Member States may also publish it or arrange for it to       down by the Member State in which the tender is
 be published elsewhere.                                      submitted .
 2. The said notice shall be published only for the           3 . Except in case of force majeure, the security
 purpose of opening the standing invitation to tender.        shall be released only if :
 ---pagebreak--- 11 . 11 . 77                         Official Journal of the European Communities                          No L 287/ 17
(a) the successful tenderer has delivered the sugar to         2. The sugar shall be supplied in new jute bags
     the port of destination, on quayside or in lighter,       having the following specifications :
     in accordance with the prescribed conditions, and
     after production of copy No 1 of the export               (a) of a minimum weight of 450 g and a net content
     licence duly endorsed and stamped by the compe­                 of 50 kg lined inside with polyethylene of a
     tent authority of the Member State referred to in               minimum thickness of 0-04 mm , or
     Article 6 (2) (e) ;
                                                               (b) of a minimum weight of 420 g and a net content
(b) the tender is not accepted.                                      of 50 kg lined inside with polyethylene of a
                                                                     minimum thickness of 0-05 mm .
4. In case of force majeure, the competent
authority shall take such action as it considers neces­
sary having regard to the circumstances invoked by             The bags shall be clearly and indelibly marked on the
the tenderer.                                                  outside : 'White sugar / Gift of the European
                                                                Economic Community to UNRWA / For the benefit
5. In the case referred to in paragraph 3 (a), the             of Palestine refugees'.
security shall be released when final payment is made
as provided in Article 10 ( 1 ) ; in the case referred to in
paragraph 3 (b) the security shall be released forth­           3. The sugar in question must have been produced
with .                                                          and put into free circulation within the Community.
                         Article 8                             4. The sugar must be delivered to the ports of desti­
                                                                nation by the date specified 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 destination with the
obligation not to disclose any particulars relating            goods still on board.
thereto.
 2.    The    tenders shall be communicated without             If a contract is not awarded for any lot of sugar at   the
 names attached thereto, to the Commission without
                                                                first partial award, the date of delivery shall         be
                                                                deferred for a period equal to that running from       the
delay.
                                                                date of the first partial award until the date of      the
 3 . In order that the tenders may be directly compar­          partial award at which a contract is awarded.
 able, each one shall be adjusted as necessary by the
 monetary compensatory amount applicable to exports             5.     Sampling and analysis shall be carried out by
of white sugar from the Member State referred to in             experts approved by the authorities of the Member
Article 6 (2) (e) on the closing date for the submission        State referred to in Article 15 ( 1 ). All costs of
 of tenders. Such adjustment shall be made by :                 weighing, sampling and quality control at the time of
— increasing the price in the case of tenders speci­            loading shall be paid by that Member State. That State
     fying a Member State whose currency has depreci­           shall collect from the successful tenderer fixed charges
     ated,                                                      in respect of the said costs of 500 units of account for
                                                                lot Al , 815 units of account for lot A2, 2 265 units of
— reducing the price in the case of tenders speci­              account for lot A3 and 2 522 units of account for lot
     fying a Member State whose currency has appreci­           A4, which charges the tenderer should therefore
     ated .
                                                                include in his tender. The appropriate fixed charge
The rates used for converting the tenders thus                  shall be paid at the time of exportation .
 corrected into units of account shall be :
— in the case of currencies held at any given
     moment within a band of 2-25 % , the central                                       Article 10
     rate ;
— in all other cases, the average spot exchange rate
     during a week ending on the Tuesday immediately             1 . Without prejudice to Article 15 (2), the compe­
     preceding the final date for the submission of             tent authority of the exporting Member State shall
     tenders .                                                  make a provisional payment to the successful tenderer
                                                                equal to 90 % of the price quoted in his tender, on
                                                                production by him of proof that the lot of sugar in
                         Article 9                              question has arrived, within the meaning of Article 9
                                                                (4), to the specified port of destination . This proof
 1 . The price shall be for delivery on quayside or in          shall consist of a certificate from a specialized interna­
 lighter at the appropriate port of destination as speci­       tional control and surveillance agency approved by
 fied in the Annex hereto .                                     UNRWA.
 ---pagebreak--- No L 287/ 18                        Official Journal of the European Communities                               11 . 11 . 77
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
                                                                    accordance with the terms of the notice of invita­
Final payment shall be made as soon as the said                     tion to 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 destination 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 .
                                                               1 . The competent authorities shall immediately
2. If the export formalities in respect of the sugar           notify all tenderers of the outcome of their tenders
are completed in a Member State other than that in             and shall also send a statement of award to every
which the contract was . awarded to the successful             successful tenderer.
tenderer, the competent authority of the exporting
Member State shall for purposes of Article 7 immedi­           2.     The statement of award shall specify at least :
ately inform the authority which awarded the contract
of final payment in accordance with paragraph 1 .              (a) the reference number of the invitation to tender ;
                                                               (b) the lot number ;
                                                               (c) the price accepted, expressed in the currency of
                        Article 11                                  the exporting Member States.
After examination of the tenders, the maximum price
                                                                                         Article 15
for each lot of sugar for delivery shall be fixed 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 ;
                                                               (b) the expected date of arrival of the vessel at the
 1 . Except where a decision is taken to make no                     port of destination .
 award in respect of a partial tender, and without preju­
 dice to paragraph 2, the contract shall be awarded to         The said authority must communicate that informa­
 the tenderer whose tender, when converted into units          tion to the Commission as quickly as possible and,
 of account, is the lowest for the lot in question , after     where appropriate, to the authority which awarded the
 taking into account the adjustment referred to in             contract .
 Article 8 (3).
                                                                2. Without prejudice to Article 7 (3) the price
 2. Where there is more than one acceptable tender              accepted shall be reduced by :
 at the same price for the same lot, the successful
 tenderer shall be chosen by drawing lots.                     (a) 0-60 unit of account per 100 kg of sugar if the
                                                                     sugar is of Grade 2 as defined in Regulation (EEC)
                                                                     No 793/72 (');
                         Article 13                             (b) 010 unit of account per 100 kg of sugar per day if
                                                                     the sugar is delivered after the prescribed date,
 1.    Every successful tenderer shall have :                        except where late delivery is recognized by the
                                                                     competent authority which awarded the tender as
 (a) the right to receive from the Member State in                   due to force majeure.
     which the tender was submitted an export licence
     in respect of the relevant quantity specifying that        3.     If the sugar is of a grade lower than that stipu­
     the monetary compensatory amounts on exports               lated in paragraph 2 (a) it shall be rejected at
     to third countries do not apply and bearing the            tenderer's risk .
     endorsement 'Supplies to UNRWA for export
     from (exporting Member State indicated in the                                       Article 16
     tender) without refund — Regulation (EEC) No
     2483/77' ;
                                                                This     Regulation   shall   enter into   force on       11
 (b) subject as otherwise provided in this Regulation ,         November 1977 .
     the right to receive payment of the price quoted in
     the tender for the lot in question ;                       (') OJ No L 94, 21 . 4 . 1972, p. 1 .
 ---pagebreak---  11 . 11 . 77                                  Official Journal of the European Communities                               No L 287/ 19
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 10 November 1977.
                                                                                             For the Commission
                                                                                              Finn GUNDELACH
                                                                                                 Vice-President
                                                                             ANNEX
                                                            Quantity                                                      Latest date
      Lot                   Port of loading                                     Quality          Port of destination
                                                             (tonnes)                                                   for delivery (')
Al              Community ports                                 500           Grade 1   Beirut (Lebanon) or
                                                                                        Lattakia or Tartous (Syria)  16 January 1978
A2               Community ports                                815           Grade 1   Lattakia or Tartous (Syria)  16 January 1978
A3               Community ports                             2 265            Grade 1   Aqaba (Jordan)               16 January 1978
A4              Community ports                              2 522            Grade 1   Ashdod (Israel)              16 January 1978
(') Without prejudice to the second subparagraph of Article 9 (4) of this Regulation .