CELEX: 31975R2136
Language: en
Date: 1975-08-14 00:00:00
Title: Regulation (EEC) No 2136/75 of the Commission of 14 August 1975 on a standing invitation to tender for the mobilization of Community white sugar as food aid for UNRWA

5 . 8 . 75                              Official Journal of the European Communities                             No L 217 / 23
                               REGULATION ( EEC) No 2136/ 75 OF THE COMMISSION
                                                          of 14 August 1975
                on a standing invitation to tender for the mobilization of Community white
                                                   sugar as food aid for UNRWA
THE COMMISSION OF THE EUROPEAN                                       Whereas the measures provided for in this Regulation
COMMUNITIES,                                                         are in accordance with the Opinion of the Manage­
                                                                     ment Committee for Sugar,
Having regard to the Treaty establishing the European
Economic Community ;
Having regard to Council Regulation (EEC) No                          HAS ADOPTED THIS REGULATION :
1052/73 (') of 17 April 1973 on the supply of sugar to
UNRWA as food aid pursuant to the Agreement with
that agency dated 18 December 1972 (2), as amended                                             Article 1
by Regulation (EEC) No 61 1 /75 (3), and in particular
Article 1 (3) thereof ;                                               1.    Denmark shall issue on behalf of the Commu­
                                                                      nity a standing invitation to tender for the supply of a
Having regard to Council Regulation (EEC) No                          total quantity of 3 094 metric tons of white sugar
3330/74 (4) of 19 December 1974 on the common                         produced and put into free circulation in the Commu­
organization of the market in sugar, and in particular                nity as food aid to UNRWA and , during the period of
Articles 17 , 19 and 34 ;
                                                                      validity of this standing invitation , shall issue partial
                                                                      invitations each week .
Whereas in accordance with Commission Regulation
( EEC) No 1071 /75 (5 ) of 24 April 1975 on a standing
invitation    to tender for the           mobilization  of white      This quantity shall be made up in lots A and B.
sugar as food aid for UNRWA, as amended by Regula­
tion ( EEC) No 1 332/75 (6), Denmark should be                        2. The standing invitation to tender shall relate to
entrusted with the issue of the invitation to tender for              the price of each one of lots A and B to be supplied
the mobilization of white sugar to be purchased on                    cif on quay at the port of discharge, such lots being
the world market ;                                                    made up as indicated in the Annex . The sugar shall
                                                                      be of Grade 1 as defined by Article 11 ( 1 ) of Regula­
Whereas the shortage of white sugar on the world                      tion ( EEC) No 1280/71 .
 market has so far prevented the awarding of contracts
for the total quantity of sugar put out to tender ;                   3.    No export levy or refund shall apply to the quan­
whereas the present situation regarding the price and                 tity referred to in paragraph 1 .
supply of sugar in the Community permits contracts
to be awarded under normal conditions for the supply
 in the remaining quantity to UNRWA in respect of                                               Article 2
 the sugar marketing year 1974/75 by purchasing white
 sugar produced and put into free circulation in the                  During the period of validity of the standing invita­
 Community ; whereas therefore after the conclusion of                tion partial invitations to tender shall be issued in
 the abovementioned invitation to tender a new one                    accordance with Regulation ( EEC) No 1052/73 and
 should be issued providing that this sugar shall be of               with the following provisions.
 Grade 1 as defined by Commission Regulation ( EEC)
 No 1280/71 ( 7) if 18 June 1971 laying down detailed
 rules for the buying in of sugar by intervention agen­                                         Article 3
 cies, as last amended by Regulation ( EEC) No
 2733/73 (8) ;                                                        The standing invitation to tender shall remain open
                                                                      until a date to be determined .
 Whereas export refunds and levies should not apply to
 this invitation to tender ;
                                                                                                A rticle 4
  ') OJ No L 105 , 20 . 4 . 1973 , p. 1 .
  -) 0 | No L 304 , 31 . 12 . 1972, p. 24 .
  •') O'l No L 64, 11 . 3 . 1975 , p. 1 .                              1.   The period for the submission of tenders in
  4 ) OJ No L 359 , 31 . 12 . 1974, p. 1 .                             respect of the first partial invitation shall begin on the
  5 ) 0 | No L 105 , 25 . 4 . 1975 , p. 21 .
  ") O'l No L 135, 27 . 5 . 1975, p. 11 .                              day of publication of the standing invitation to tender
  7) O'l No L 133 , 19 . 6. 1971 , p. 34.                              in the Official Journal of the European Communities
  s ) OJ No L 282, 9 . 10 . 1973 , p. 8 .                              and shall expire at 10 a.m . on 27 August 1975 .
 ---pagebreak---  No L 217/24                        Official Journal of the European Communities                               15. 8 . 75
2. The period for the submission of tenders in                                         Article 7
respect of the second and subsequent partial invita­
tions shall :                                                  1.    The security required for the tender shall be
                                                              63 760 units of account for lot A and 60 000 units of
(a) begin on the first working day following the expiry       account for lot B.
     of the preceding period, and
(b) expire at 10 a.m . on the Wednesday of the                2.     The security shall be provided, at the option of
     following week.                                          the tenderer, either in cash or in the form of a
                                                              guarantee by an establishment complying with the
                                                              criteria laid down by Denmark .
                         Article 5
                                                              3.     Except in cases of force majeure, the security
 1.    Denmark shall draw up a notice of invitation to        shall be released only if :
tender. This notice shall be published in the Official
Journal of the European Communities.                          (a) the successful tenderer supplies the sugar in accor­
                                                                   dance with the prescribed terms, and after submis­
2. The notice of standing invitation to tender shall               sion of copy No 1 of the export licence duly attri­
be published only for the purpose of issuing it. The               buted and endorsed by the competent authorities
notice may be amended at any time during the period                of the Member State specified in the tender ;
of validity of the standing invitation . It shall be          or
amended       if the terms  of  the  said   invitation are
amended during the said period .                              (b) the tender is not accepted .
3.     The notice shall indicate in particular the terms      4.     In cases of force majeure, the competent body
of the invitation to tender.                                  shall determine the measures necessary in the light of
                                                              the circumstances invoked by the tenderer.
                         Article 6                            5.     In the case provided for in paragraph 3 (a), the
                                                              security shall be released when final payment is made
 1.    Tenderers shall either deliver written tenders to      as provided for in Article 10 ; in the case provided for
the competent body in Denmark against a receipt, or           in paragraph 3 (b) the security shall be released imme­
address tenders to that body by registered letter, telex      diately .
or telegram .
                                                                                       Article 8
2.     Tenders shall specify :
(a) the invitation to which the tender relates ;               1 . Tenders shall be examined in private session by
                                                              the competent body. Subject to paragraph 2, persons
(b) the lot concerned ;                                       present at the examination shall be sworn to secrecy.
(c) the name and address of the tenderer ;
                                                              2.     The   tenders  shall be   communicated      without
(d) the price in Danish kroner proposed for the lot in
                                                              names attached to the Commission without delay.
     question ;
(e) the Member State in which the tenderer, in the            3.     In order that the tenders shall be directly
     event of his being declared successful , intends to      comparable , their prices shall be adjusted , where neces­
     complete the customs formalities for the export of       sary, by the monetary compensatory amount appli­
     the sugar.                                               cable to exports from the Member State specified in
                                                              the tender on the closing date for the submission of
3.     A tender shall be valid only if :                      tenders .
(a) it relates to a price referred to in Article 1 (2) ;      Such adjustment shall be made by :
(b) proof is furnished before the period for the submis­      — increasing the price in the case of tenders speci­
     sion of tenders expires that the security for tender          fying a Member State whose currency has depreci­
     referred to in Article 7 has been provided ;                  ated ;
(c) it includes a declaration by the tenderer that he         — reducing the price in case of tenders specifying a
    will , if awarded the contract, supply the sugar in            Member State whose currency has appreciated .
     accordance with the provisions of this Regulation .
                                                              The monetary compensatory amount shall be
4.     A tender which is not submitted in accordance
                                                              converted into Danish kroner at the following rates of
with the provisions of this Article, or which contains        exchange :
terms other than those indicated in the notice of invi­
tation to tender, shall not be taken into consideration .     — where the currencies concerned are maintained at
                                                                   any given moment within a maximum band of
5.     Once a tender has been submitted it may not be              2-25 % , such rate of exchange as represents their
withdrawn .                                                        central rate ;
 ---pagebreak--- 15 . 8 . 75                         Official Journal of the European Communities                          No L 217/25
— in other cases, the average of the spot rates for the       In addition, the tenderer shall submit to the compe­
     currencies  concerned    as recorded    in Denmark       tent Danish body a copy of the shipping document.
     during the period from the Wednesday of one
     week to the Tuesday of the following week being          Final payment shall be made as soon as the compe­
     the period which immediately precedes the                tent Danish body has received the documents drawn
     closing date for the submission of tenders .             up by UNRWA certifying that the sugar has been
                                                              delivered cif on quay at the stipulated port of
                                                              discharge and in accordance with the conditions laid
                         Article 9                            down . These documents shall be sent directly by
                                                              UNRWA to the said body at the latest during the
1 . The price shall be for delivery cif on quay at the        month following the end of the period provided for in
port of destination in respect of each lot specified in       Article VI of the Agreement.
the Annex .
2. The sugar shall be supplied in new jute sacks                                       Article 11
with a polyethylene lining :
                                                              The maximum price for supplying each lot of sugar
(a) of a minimum weight of 450 grammes with a net             shall be fixed after examination of the tenders, in
     content of 50 kilogrammes, or                            accordance with the procedure laid down in Article 36
(b) of a minimum weight of 700 grammes with a net             of Regulation No 3330/74.
     capacity of 100 kilogrammes.
                                                               However, a decision may be taken to make no award .
3 . The sugar in question shall have been produced
and put into free circulation in the Community.
                                                                                       Article 12
4. The sugar shall be delivered cif fo at the latest by
the date and to the ports specified in the Annex .             1.    Except where a decision is taken to make no
                                                               award in respect of a partial invitation to tender and
If, in respect of any lot of sugar, no contract is            without prejudice to the provisions of paragraph 2, the
awarded at the first partial invitation to tender, the         contract   shall  be awarded    to the   tenderer  whose
date of delivery shall be postponed for a period equal         tender, when converted into units of account, is the
to that between the dates of the first partial invitation      lowest for the lot in question after taking into account
to tender and the partial invitation at which a contract       the adjustment referred to in Article 8 (3).
of the said lot is awarded .
                                                               2.    If several tenderers tender at the same price for
5 . Sampling and analysis shall be carried out by              the same lot and that price is accepted, the successful
experts approved by the authorities of the Member              tenderer shall be chosen by drawing lots .
State referred to in Article 15 ( 1 ). All the costs of
weighing, sampling and quality control at the time of
loading shall be paid by that Member State . That State                                Article 13
shall obtain a lump sum from the successful tenderer
in respect of the said costs of 1 594 units of account         1.    The successful tenderer shall be :
for lot A and 1 500 units of account for lot B, which
amounts the tenderer should therefore include in his
                                                               (a) entitled to be issued with an export licence in
tender. The successful tenderer shall pay such fixed               respect of the quantity of sugar in question stating
amount at the time of export to the said Member                    that the monetary compensatory amounts for
State .
                                                                   export to third countries shall not apply and
                                                                   bearing the endorsement ' for export without levy
                                                                   or refund (Regulation ( EEC) No 2136/75';
                         Article 10
                                                               (b) entitled, without prejudice to the other provisions
                                                                   of this Regulation , to payment of the price quoted
Without prejudice to Article 15 (2), the competent                 in the tender for the lot in question ;
 Danish body shall pay the successful tenderer a provi­
sional sum equal to 90 % of the price quoted in his            (c) obliged to apply for the abovementioned licence
tender, on presentation by the tenderer of proof that              for the sugar in question and to deliver it in accor­
                                                                   dance with the terms of the notice of invitation to
the lot of sugar in question has been delivered cif fo
                                                                   tender.
at the specified port of destination . This proof shall
consist of a certificate drawn up by a specialized inter­
 national control and surveillance agency approved by          2.    The rights and obligations arising from the
 UNRWA .                                                       award of the contract shall not be transferable .
 ---pagebreak---  No L 217/26                                Official Journal of the European Communities                                                     15. 8 . 75
                              Article 14                                            the competent Danish body the information required
                                                                                    by Articles 2 and 3 of Annex II of the Agreement.
  1 . The competent Danish body shall immediately                                   Denmark shall forward this information as soon as
 notify all tenderers of the outcome of their participa­                            possible to the Commission .
 tion in the invitation to tender and shall also send a
 statement of t award to the successful tenderer.                                   2. Without prejudice to Article 7 (3) the price
                                                                                    accepted shall be reduced by :
 2. Statements of award shall specify at least :
                                                                                   (a) 0-60 unit of account per 100 kg of sugar if the
 (a) the invitation to which the award relates ;                                          sugar is of Grade 2 as defined in Regulation (EEC)
 (b) the lot concerned ;                                                                  No 793/72 0 ;
 (c) the price accepted in Danish kroner.                                          (b) 0-10 unit of account per 100 kg of sugar per day if
                                                                                          the sugar is delivered after the prescribed date,
                              Article 15                                                  except where the delay is due to a case of force
                                                                                          majeure recognized as such by the competent
  1 . The competent body of the Member State from                                         Danish body.
 whose territory the sugar concerned is exported shall
 verify that the necessary conditions for the delivery                              3.      If the sugar is of a grade lower than that stipu­
 have been complied with . Where appropriate, it shall                              lated in paragraph 2 (a) it shall be rejected and any
 inform without delay the competent Danish body                                     consequent loss borne by the successful tenderer.
 which carried out the invitation to tender.
                                                                                                                 Article 16
 The successful tenderer shall be responsible for all
 operations relating to any contract awarded pursuant                              This Regulation shall enter into force on 15 August
 to this Regulation , and in particular for supplying to                            1975 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 14 August 1975.
                                                                                                For the Commission
                                                                                                  P.J. LARDINOIS
                                                                                            Member of the Commission
                                                                          ANNEX
        Lot             Port of loading      Quantity 111 metric tons         Quality             Port of discharge        Latest date for delivery (')
        A            Community ports                 1 594                   Grade 1             Beirut ( Lebanon )           8 October 1975
         B           Community ports                 1 500                   Grade 1             Ashdod ( Israel )            8 October 1975
(') Subject as provided in the second subparagrah of Article, 9 ( 4) ot this Regulation .
                                                                                   (') OJ No L 94, 21 . 4 . 1972, p. 1 .