CELEX: 31972R1560
Language: en
Date: 1972-07-20 00:00:00
Title: Regulation (EEC) No 1560/72 of the Commission of 20 July 1972 on a standing invitation to tender for the mobilization of white sugar to be supplied to UNRWA as food aid

Official Journal of the European Communities                                    49
  21.7.72                           Official Journal of the European Communities                          No L 165 /35
                               REGULATION (EEC) No 1560/72 OF THE COMMISSION
                                                   of 20 July 1972
               on a standing invitation to tender for the mobilization of white sugar to be supplied to
                                                UNRWA as food aid
 THE COMMISSION OF THE EUROPEAN                                Whereas the measures provided for in this Regu­
 COMMUNITIES,                                                  lation are in accordance with the Opinion of the
                                                               Management Committee for Sugar,
 Having regard to the Treaty establishing the Euro­
 pean Economic Community;                                     HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No                                         Article 1
  1475/721 of 10 July 1972 on the supply of sugar as
 food aid to UNRWA, and in particular Article 1 (3)            1 . Member States shall issue a standing invitation
 thereof;                                                      to tender for the supply of white sugar as food aid
                                                               to UNRWA and, during the period of validity of the
 Whereas Article 1 of Regulation (EEC) No 1475/72              standing invitation, they shall invite partial tenders.
 provides for 4 000 metric tons of white sugar pro­
 duced and put into free circulation within the Com­          2. The invitation to tender shall relate to the price
 munity to be made available as food aid to the                for 4 000 metric tons of Grade I white sugar as
 United Nations Relief and Works Agency for Pale­              defined in Article 11 ( 1 ) of Regulation (EEC) No
 stine refugees (UNRWA); whereas the^upply arrange­            1280/71 to be supplied cif to the ports of unloading
 ments must conform with the agreement to be con­              in Lebanon or Israel specified in Article 9.
 cluded on this matter between the EEC and UNRWA;
 whereas, in view of its destination, this sugar should       3. There shall be no export refund on the quantity
 be of Grade I quality as defined by Commission               specified in paragraph 2.
 Regulation (EEC) No 1280/7 12 laying down detailed
 rules for the buying-in of sugar by intervention agen­                               Article 2
 cies, as last amended by Regulation (EEC) No                 The standing invitation to tender and the partial
 2417/7 13;                                                   tendering shall take place in accordance with the
                                                              following provisions.
Whereas Article 2 of Regulation (EEC) No 1475/72
provides in particular that the Community shall pay
                                                                                      Article 3
the value of the sugar cif and, exceptionally the cost
of delivery to the destination and the distribution           The standing invitation to tender shall remain open
 costs ;                                                      until a date to be determined later.
Whereas, since the mobilization of the goods cif port                                 Article 4
of unloading is effected by means of a tendering
procedure the rules applicable to tendering for inter­        1 . The period during which the first round of partial
vention sales or for exports should be applied as             tenders may be submitted :
appropriate under the common organization of the               (a) shall begin at 9.30 a.m. on 26 July 1972;
market in sugar;
                                                              (b) shall end at 9.30 a.m. on 2 August 1972.
Whereas, for the avoidance of doubt, it should be
made clear that the system of compensatory amounts            2. The period during which the second and subse­
for exports to third countries does not apply to the          quent rounds of partial tenders may be submitted:
present invitation to tender;                                 (a) shall begin on the first working day following
                                                                    the end of the previous period, and
1 OI No L 157, 31.7.1972, p. 3.
1 O } No L 133, 19.6.1971 , p. 34.                            (b) shall end at 9.30 ajm. on the Wednesday of the
J OJ No L 250 11.11.1971, p. 30.                                    following week.
 ---pagebreak--- 50                                  Official Journal of the European Communities
3. The times laid down in this Article shall be one                                    Article 7
hour later in Italy.                                           1 . The security required for the tender shall be
                                                               40 000 units of account.
                         Article 5
 1 . Member States shall draw up an invitation to              2. The tenderer may provide the security either in
tender. This invitation shall be published in the              cash or in the form of a guarantee by an establish­
Official Journal of the European Communities. Mem­             ment complying with criteria laid down by the Mem­
ber States may also publish the invitation to tender,          ber State in which the tender is made.
or have it published; elsewhere.
                                                               3 . Except in cases of force majeure, the security
2. The standing invitation to tender shall be pub­             shall only be released if:
lished only for the purpose of opening it. The invi­            (a) the successful tenderer has delivered the sugar
tation may be amended during its period of validity.                 in accordance with the terms stipulated;
It shall be amended if the terms of the invitation to
tender are changed during that period of validity.              (b) the tender is not successful.
3 . The invitation to tender shall indicate :                  The security shall be released immediately. In the
                                                               cases of force majeure, the competent authority in
 (a) the name and address of the competent body                question shall determine what measures are necessary
      responsible for the invitation to tender;                in the light of the circumstances invoked by the ten­
 (b) the terms of the invitation to tender;                    derer .
 (c) the period within which tenders must be sup­                                       Article 8
      mitted .
                                                               1 . Tenders shall be examined in private session by
                        Article 6                              by the competent authority concerned. Persons
 1 . Tenderers shall either hand in the tender in              present at the examination shall be sworn to secrecy.
writing, against a receipt, to the competent authority,
                                                               2.   Tenders   shall be notified   to the Commission
or address the tender to that authority by registered
letter, telex or telegram.                                     immediately.
The tender must be submitted in the Member State                                        Article 9
from which the goods are to be exported.                       1 . The price shall cover cif alongside ship in respect
                                                               of 2 400 metric tons at Beirut and 1 600 metric tons
2 . The tender shall indicate :                                at Ashdod .
 (a) the reference number of the invitation to which
      the tender relates;                                      2 . The sugar shall be delivered in new jute sacks of
                                                               a net capacity of 50 kilogrammes, with or without
 (b) the name and address of the tenderer;                     polythene lining bag as the tenderer prefers.
 (c) the price offered, expressed in the currency of
      the Member State to whose competent authority            The following shall be printed on the sacks :
      the tender is submitted .
                                                                   'White sugar - Gift of the European Community/
3 . A tender shall be valid only if:
 (a) it relates to the price for 4 00 metric tons of           3 . The sugar must have been produced and put into
                                                               free circulation in the Community.
      Grade I white sugar;
 (b) proof is furnished before the time limit for the          4. The sugar shall be delivered cif alongside ship
      submission of tenders expires that the tenderer          before 15 September 1972 .
      has provided the security required for the tender;
 (c) it includes a declaration by the tenderer that, if        5. The costs of weighing and checking at the port
      his tender is successful, he will deliver the sugar      of loading shall be included in the tender.
      under the conditions laid down in this Regu­
      lation .                                                                         Article 10
4 . A tender which is not submitted in accordance               1 . The Member State concerned shall pay the suc­
with the provisions of this Article, or which contains         cessful tenderer the price indicated in his tender
terms other than those indicated in the invitation to          once he has made delivery and within 60 days at
tender, shall not be taken into consideration.                 most following that delivery.
5 . Once a tender has been submitted it may not be             2 . The compensatory amount payable on exports to
withdrawn .                                                     third countries shall not apply.
 ---pagebreak---                                      Official Journal of the European Communities                                    51
                         Article 11                              authority concerned shall also send a statement of
                                                                  the award to the successful tenderer.
  The maximum price for the delivery shall be fixed
  after the tenders have been examined, in accordance
                                                                  2 . The statement of award shall- include mention of :
  with the procedure laid down in Article 40 of Regu­
  lation No 1009/671,                                             (a) the reference number of the invitation to tender;
                                                                  (b) the price which has been accepted .
  However, a decision may be taken to withdraw the
  invitation to tender.
                                                                                         Article 15
                         Article 12
                                                                  1 . The competent authority of the Member State
                                                                 from whose territory the sugar in question is shipped ,
  1 . Except where a decision is taken to withdraw the           shall check whether the terms governing delivery are
 invitation for a partial tender and without prejudice           fulfilled .
 to the provisions of paragraph 2, the award shall be
  made to the lowest tender.                                     2 . Notwithstanding the provisions of Article 7 (3),
                                                               • the price which has been accepted shall be reduced
 2 . When several tenders are made at the same price             by :
 and that price is chosen by the competent authority             (a) 100 u.a. per 100 kilogrammes of sugar, if the
 concerned, the award shall be made by balloting.                      sugar is of Grade II quality;
                                                                 (b) 010 u.a. per 100 kilogrammes of sugar per day
                         Article 13                                    if the sugar is delivered after 15 September
  1 . An award shall :                                                 1972, unless the delay is due to a case of force
                                                                       majeure recognized by the competent authority.
  (a) confer the right to the issue, in respect of the
       quantity in question, of an export licence indi­          3 . If the sugar is of a grade lower than that indi­
       cating that the compensatory amounts for exports          cated in paragraph 2 (a) it shall be refused.
       to third countries do not apply and bearing the
       words : 'for export without refund';                                              Article 16
  (b) entail the obligation to apply for an export              This Regulation shall enter into force on 21 July 1972.
       licence for Grade I sugar and to deliver that
       sugar according to the terms indicated in the            This Regulation shall be binding in its entirety and
       invitation to tender.                                    directly applicable in all Member States.
 2 . Rights and obligations arising from the award of
 the tender shall not be transferable .
                                                                Done at Brussels, 20 July 1972.
                         Article 14                                                For the Commission
 1 . The competent authorities shall immediately                                      The President
 notify all tenderers of the result of their tenders. The                           S. L. MANSHOLT
1 OJ No 308, 18.12.1967, p. 1.