CELEX: 31976R2825
Language: en
Date: 1976-11-23 00:00:00
Title: Commission Regulation (EEC) No 2825/76 of 23 November 1976 on a standing invitation to tender for the mobilization of Community white sugar for UNRWA as food aid

No L 325/6                             Official Journal of the European Communities                             24 . 11 . 76
                                  COMMISSION REGULATION (EEC) No 2825/76
                                                    of 23 November 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 various Member States of the Community
Having regard to Council Regulation (EEC) No                      and 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 ( ! ), as last amended by           regarding thfe currencies of Member States and in
Regulation (EEC) No 1487/76 (2), and in particular                order to ensure that tenders are closely comparable,
Articles 17, 19 and 34 thereof,
                                                                  account should be taken of the effect upon each
                                                                  tender of the position of the currency of the Member
Having regard to Council Regulation (EEC) No                      State where the customs export formalities will be
1034/76 of 30 April 1976 on the supply of white                   completed ;
sugar to UNRWA as food aid (3), and in particular
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, hereinafter referred to as                      conditions laid down in Article 3 (2) of Council Regu­
'UNRWA', for Palestine refugees of white sugar                    lation No 129 on the value of the unit of account and
produced and in free circulation within the Commu­                the exchange rates to be applied for the purposes of
nity ; whereas, in view of its destination, that white            the common agricultural policy (8), as last amended by
sugar should be of Grade 1 as defined in Commission               Regulation (EEC) No 2543/73 (9) ;
Regulation (EEC) No 1280/71 of 18 June 1971 laying
down detailed rules for the buying-in of sugar by inter­
vention agencies (4), as last amended by Regulation­              Whereas the measures provided for in this Regulation
(EEC) No 1763/76 (5);                                             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
tender should be followed ;
                                                                                           Article 1
Whereas Commission Regulation (EEC) No 1380/75
of 29 May 1975 laying down detailed rules for the                  1 . Member States shall issuue a standing invitation
application of monetary compensatory amounts (6), as               to tender for the supply to UNRWA, as Community
last amended by Regulation (EEC) No 1 834/76 (7),                  food aid, of a total of 6 102 metric tons of white sugar
 provides that no monetary compensatory amounts                    produced and in free circulation within the Commu­
shall apply where products which are the subject of                nity, and during the period of validity of the standing
 Community food aid operations and mobilized on the                invitation they shall each week organize partial
 Community market, are exported to third countries ;               tenders .
 (») OJ No L  359,  31 . 12. 1974, p. 1 .
 (2) OJ No L  167,  26. 6 . 1976, p. 9 .                           The said quantity shall be divided into three lots, A 1 ,
 (3) OJ No L  118,  5. 5. 1976, p. 1 .                             A 2 and A 3 .
 (4) OJ No L  133,  19. 6. 1971 , p. 34.
 (5) OJ No L  197,  23. 7. 1976, p. 32.
 (6) OJ No L  139,  30 . 5. 1975, p. 37.                           (8) OJ No 106, 30 . 12. 1962, s. 2553/ 62.
 (7) OJ No L  203 . 29. 7. 1976, p. 30.                            (9) OJ No L 263, 19. 9. 1973 , p . 1 .
 ---pagebreak---  24 . 11 . 76                         Official Journal of the European Communities                             No L 325/7
 2. The standing invitation shall relate to the price            Member States may also publish it or arrange for it to
 of each of lots A 1 , A 2 and A 3 delivered to the port         be published elsewhere.
 of destination , on quayside or in lighter, The composi­
 tion of the lots shall be as stated in the Annex hereto .       2. The said notice shall be published only for the
 The sugar must be of Grade 1 as defined in Article 1 1          purpose of opening the standing invitation to tender.,
 ( 1 ) of Regulation (EEC) No 1280/71 .                          The notice may be amended during the period of
                                                                 validity of the standing invitation . It shall be amended
 3 . No export levy or refund shall apply in respect             if the terms of the invitation to tender are amended
 of the quantity referred to in paragraph 1 .                    during that period of validity.
                                                                 3.    The notice shall indicate in particular the terms
                         Article 2                               of the invitation to tender.
 Partial tenders during the period of validity of the
 standing invitation shall be organized in accordance                                     Article 6
 with Regulation (EEC) No 1034/76 and with the
 following provisions.                                           1 . Tenderers may either deliver written tenders in
                                                                person to the competent authority of the Member
                         Article 3
                                                                State in question against a receipt, or address them to
                                                                the competent authority by registered letter, telex or
 The standing invitation to tender shall remain open            telegram .
 until the date of the partial tender at which are              2.     Tenders shall state :
 awarded contracts for the prices of the lots referred to
 in Article 1 or, as the case may be, at which is               (a)  the reference number of the invitation to tender ;
 awarded a contract for the remaining lot. The standing         (b)  the lot number ;
 invitation shall thereupon automatically close with            (c)  the name and address of the tenderer ;
 effect from that date .
                                                                (d)  the price proposed for the lot in question,
                                                                     expressed in the currency of the Member State
                         Article 4                                   referred to in (e) ;
 1 . Tenders in respect of the first partial award may          (e) the Member State in which the tenderer, in the
 be submitted from the day of publication of the                     event of his being successful, intends to complete
standing invitation to tender in the Official Journal                the customs formalities for the export of the sugar.
 of the European Communities until 1 December 1976              3.     A tender shall be valid only if :
at 10 a.m .
                                                                (a) it relates to the price referred to in Article 1 (2) ;
 2.      For subsequent partial awards tenders may be
submitted :
                                                                (b) before the time limit for the submission of tenders
                                                                     proof is furnished that the security for tender
(a) from the first working day following the expiry of               referred to in Article 7 has been provided ;
       the preceding period for the submission of               (c) it includes a declaration by the tenderer that, if
       tenders,                                                      awarded a contract, he will deliver the sugar in
(b) until the Wednesday of the following week at 10                  accordance with the provisions of this Regulation
       a.m .                                                         and export it from the Member State referred to in
                                                                     paragraph 2 (e).
3.       By way of derogation from paragraph 2 (b), the
time limit for tenders due by Wednesday, 8 December             4. Any tender which is not submitted in accor­
 1976 shall be advanced to Tuesday, 7 December 1976             dance with the provisions of this Article, or which
at 10 a.m .                                                     contains terms other than those indicated in the
                                                                notice of invitation to tender, shall not be considered.
4.       By way of derogation from paragraph 2, no
partial award will be made on Wednesday 29                      5.     Once submitted a tender may not be withdrawn .
December 1976 .
5.       The time limits set in     this Article shall  be                                Article 7
advanced by one hour in Ireland and the United                  1.     The security for tender shall be 56 000 units of
Kingdom in the period during which summer time                  account for lot A 1 , 88 000 units of account for lot
does not apply in those Member States.                          A 2, and 100 080 units of account for lot A 3 .
                         A rticle 5                             2. The security shall be provided, at the tenderer's
                                                                choice, either in cash or in the form of a guarantee by
1 . Member States shall draw up a notice of invita­             an establishment complying with the criteria laid
tion to tender. That notice shall be published in the           down by the Member State in which the tender is
Official Journal of the European Communities.                   submitted .
 ---pagebreak--- No L 325/8                            Official Journal of the European Communities                             24. 11 . 76
3.      Except in case of force majeure, the security            2. The sugar shall be supplied in new jute bags
shall be released only if :                                      having the following specifications :
(a) the successful tenderer has delivered the sugar to           (a) of a minimum weight of 450 g and a net content
     the port of destination, on quayside or in lighter,              of 50 kg lined inside with polyethylene of a
      in accordance with the prescribed conditions, and               minimum thickness of 0-04 mm , or
     after production of copy No 1 of the export
      licence duly endorsed and stamped by the compe­            (b) of a minimum weight of 420 g and a net content
      tent authority of the Member State referred to in               of 50 kg lined inside with polyethylene of a
     Article 6 (2) (e) ;                                               minimum thickness of 0-05 mm ; or
(b) the tender is not accepted.                                  (c) of a minimum weight of 700 g and a net content
                                                                      of 100 kg lined inside with polyethylene of a
4. In case of force majeure, the competent                             minimum thickness of 0-07 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 : 'White sugar / Gift of the European
5. In the case referred to in paragraph 3 (a), the               Economic Community to UNRWA / For the benefit
security shall be released when final payment is made            of Palestine refugees'.
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
 delay.                                                           deferred for a period equal to that running from       the
                                                                  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 1 400 units of account
 — reducing the price in the case of tenders speci­               for lot A 1 , 2 200 units of account for lot A 2 and
       fying a Member State whose currency has appreci­           2 502 units of account for lot A 3, which charges the
       ated .                                                     tenderer should therefore include in his tender. The
                                                                  appropriate fixed charge shall be paid at the time of
 The rates used for converting the tenders thus                   exportation .
 corrected into units of account shall be :
 — in the case of currencies held at any given
       moment within a band of 2-25 % , teh central                                      Article 10
       rate ;
 — in all other cases, the average spot exchange rate              1 . Without prejudice to Article 15 (2), the compe­
       during a week ending on the Tuesday immediately            tent authority of the exporting Member State shall
       preceding the final date for the submission of             make a provisional payment to the successful tenderer
       tenders.                                                   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 been delivered, within the meaning of
                                                                  Article 9 (4), to the specified port of destination . This
  1 . The price shall be for delivery on quayside or in           proof shall consists of a certificate from a specialized
  lighter at the appropriate port of destination as speci­        international control and surveillance agency
  fied in the Annex hereto.                                       approved by UNRWA.
 ---pagebreak--- 24. 11 . 76                        Official Journal of the European Communities                             No L 325/9
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
                                                              (a) the reference numer of the invitation to tender ;
of final payment in accordance with paragraph 1 .
                                                              (b) the lot number ;
                                                              (c) the price accepted, expressed in the currency of
                        Article 11                                 the exporting Member State .
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) 0-10 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 levy or refund — Regulation
    (EEC) No 2825/76' ;                                       This     Regulation   shall   enter into    force  on   24
(b) subject as otherwise provided in this Regulation ,        November 1976 .
    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--- No L 325/ 10                                    Official Journal of the European Communities                                                 24. 11. 76
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                   Done at Brussel, 23 November 1976.
                                                                                                    For the Commission
                                                                                                      P. J. LARDINOIS
                                                                                                  Member of the Commission
                                                                                     ANNEX
        Lot                       Port of loading                   Quantity (metric tons)  Quality         Port of destination
                                                                                                                                   Laste date for delivery (1 )
A 1                           Community ports                            1 400             Grade 1    Lattakia or Tartous       24 January 1977
                                                                                                      (Syria)
A 2                           Community ports                           2 200              Grade 1    Aqaba (Jordan)            24 January 1977
A 3                            Community ports                          2 502              Grade 1    Ashdod or Haifa (Israel)  24 January 1977
(') Without prejudice to the second subparagraph of Article 9 (4) of this Regulation .