CELEX: 31973R2523
Language: en
Date: 1973-09-17 00:00:00
Title: Regulation (EEC) No 2523/73 of the Commission of 17 September 1973 on a standing invitation to tender for the mobilization of white sugar as food aid for UNRWA

18 . 9 . 73                             Official Journal of the European Communities                          No L 261 / 11
                            REGULATION ( EEC) No 2523/73 OF THE COMMISSION
                                                    of 17 September 1973
              on a standing invitation to tender for the mobilization of white sugar as food
                                                       aid for UNRWA
THE COMMISSION OF THE EUROPEAN                                    HAS ADOPTED THIS REGULATION :
COMMUNITIES,
                                                                                            Article 1
Having regard to the Treaty establishing the European
Economic Community ;                                               1 . Member States shall issue a standing invitation
                                                                  to tender for the supply of white sugar as food aid to
Having regard to Council Regulation (EEC) No                       UNRWA and, during the period of validity of the
1052/73 (') of 17 April 1973 on the supply of sugar to            standing invitation, they shall issue partial invitations
UNRWA as food aid pursuant to the Agreement with                   to tender.
that agency dated 18 December 1972, and in parti­
cular Article 1 (3) thereof ;                                      2. The invitation to tender shall relate to the price
                                                                   of the total quantity of 6 062 metric tons of white
Whereas the quantity of 150 metric tons of white                   sugar of Grade 1 as defined by Article 11 ( 1 ) of Regula­
sugar referred to in Article II paragraph 1 of the Agree­          tion (EEC) No 1280/71 to be supplied cif to the Leba­
ment between the European Economic Community                       nese and Israeli ports of unloading referred to in
and the United Nations Relief and Works Agency for                 Article 9 .
Palestine Refugees in the Near East (2) concerning
assistance to refugees from the countries of the Middle            3.     No refund shall be granted in respect of the
East has been changed into 62 metric tons of white                 export of the quantity referred to in paragraph 2.
sugar following an exchange of letters pursuant to the
Council Decision of 16 July 1973 ; whereas Article 1                                        Article 2
of Regulation (EEC) No 1052/73 provides that 6 062
metric tons of white sugar produced and in free circu­             The standing invitation to tender, that is the first
lation in the Community be placed at the disposal of               partial invitation and all of the possibly following
the United Nations Relief and Works Agency for                     partial invitations, shall be organized in accordance
Palestine Refugees (UNRWA) as food aid for the sugar               with the following provisions.
marketing year 1973 /74 ; whereas, in view of its desti­
nation , this white sugar must be Grade 1 sugar as
defined by Regulation (EEC) No 1280/71 (3), of the                                          Article 3
Commission of 18 June 1971 laying down detailed
rules for the buying-in of sugar by intervention agen­             The standing invitation to tender shall remain valid
cies, as amended by Regulation ( EEC) No 2417/71 (4) ;             until a date to be determined at a later stage.
Whereas Article 2 of Regulation ( EEC) No 1052/73                                           Article 4
provides in particular that the Community shall
finance the cif value of the sugar ;                                1 . The period for the submission of tenders in
                                                                   response to the first partial invitation shall :
Whereas since the contract for the mobilization of the
goods cif to the port of unloading is to be awarded                (a) begin at 10 a.m . on 19 September 1973 ,
under a tendering procedure', it would seem desirable              (b) expire at 10 a.m . on 26 September 1973 .
to apply, in an appropriate form , the detailed rules
governing sales by tender after intervention or for                2.     The periods for the submission of tenders in
export within the framework of the common organiza­                response to the second and subsequent partial invita­
                                                                   tions shall :
tion of the market in sugar ;
                                                                   (a) begin on the first working day following the end
Whereas, for the avoidance of doubt, it should be                       of the previous period , and
specified that the system of monetary compensatory
amounts for export to third countries because of their             (b) expire at 10 a.m . on the Wednesday of the
                                                                        following week .
nature does not apply to this invitation to tender ;
                                                                    3.    During the period in which Summer Time
Whereas the measures provided for in this Regulation                applies in Italy, the time limits laid down in this
are in accordance with the Opinion of the Manage­                   Article shall be understood in that Member State to be
ment Committee for Sugar ;                                          extended by one hour. For the period during which
                                                                    Summer Time does not apply in the United Kingdom
(') OJ No L 105, 20 . 4 . 1973, p. 1 .                              and in Ireland , the time limits established above shall
(2 ) OJ No L 304, 31 . 12 . 1972, p. 24.
(3) O ) No L 133, 19 . 6 . 1971 , p . 34 .                          be regarded in those Member States as brought
(4) OJ No L 250, 11 . 1 1 . 1971 , p. 30.                           forward by one hour.
 ---pagebreak--- No L 261 / 12                        Official Journal of the European Communities                             18 . 9 . 73
                          Article 5                            ment complying with criteria laid down by the
                                                               Member State in which the tender is submitted.
 1 . The Member States shall draw up an invitation
to, tender. The invitation to tender shall be published        3 . Except in cases of force majeure, the deposit
in the Official Journal of the European Communi­               shall only be released if :
 ties. Member States may also publish the invitation to
tender or have it published elsewhere.                         (a) the succesful tenderer supplies the sugar in accor­
                                                                    dance with the provisions hereof ;
2.       The standing invitation to tender shall be                 or
published only for the purpose of issuing it. The invi­
tation as published may be amended during the                       (b) the tender is not accepted.
 period of validity of the standing invitation . It shall be
amended if the terms of the invitation to tender are           In cases of force majeure the competent body shall
amended during that period of validity.                        determine the measures necessary in view of the
                                                               circumstances invoked by the tenderer.1
3.       The invitation shall indicate in particular :
                                                               4. In the case of paragraph 3 (a) the deposit shall be
(a)     the name and address of the competent body             released when payment is made under Article 10 ( 1 );
      issuing the invitation to tender ;                       in the case of paragraph 3 (b) the deposit shall be
(b) the terms of the invitation to tender ;                    released immediately.
(c) the time limit for the submission of tenders.
                                                                                       Article 8
                          Article 6
 1.      Tenderers shall either deliver written tenders to
                                                                1 . Tenders shall be examined in private session by
                                                               the competent body. Persons present at the examina­
the competent body against a receipt, or address               tion shall be sworn to secrecy.
tenders to the competent body by registered letter,
telex or telegram .                                            2.     The   Commission    shall  be  informed without
Tenders shall be submitted in the Member State from            delay of the tenders submitted.
which export is to be effected .
2.       Tenders shall indicate :                                                      Article 9
(a) the invitation to which the tender relates ;                1.    The price relates to the delivery cif on quay of
(b) the name and address of the tenderer ;                     3 650 metric tons to Beirut and 2 412 metric tons to
                                                               Ashdod .
(c) the price proposed, in the currency of the Member
      State of the competent body to which the tender is
      submitted .                                              2. The sugar shall be supplied in new jute sacks of
                                                               a minimum weight of 450 g lined with a polyethylene
3.      A tender shall be valid only if :                      bag and with a net weight of 50 kg.
(a) it relates to a price for the total quantity of 6 062      The following shall be printed on the outside of the
      metric tons of Grade 1 white sugar ;                     sacks : 'White Sugar — Gift of the European Commu­
(b) proof is furnished before the period for the submis­       nity'.
     sion of tenders expires that the deposit required by
     the invitation to tender has been lodged ;                3.     The sugar must have been produced and put in
(c) it includes a declaration by the tenderer that he          free circulation in the Community.
     will , if awarded the contract, supply the sugar in
                                                               4.     If the contract has been awarded at the first
     accordance with the provisions of this Regulation .
                                                               partial invitation to tender, the sugar shall be deliv­
4.      A tender which is not submitted in accordance          ered cif on quay at the latest on 17 November 1973 . If
with the provisions of this Article, or which contains         subsequent partial invitations to tender are necessary,
terms other than those indicated in the invitation to          the date of delivery shall be postponed for a period
tender, shall not be taken into consideration .                equal to that between the first partial invitation to
                                                               tender and the partial invitation in question .
5.      Once a tender has been submitted it may not be
withdrawn .                                                    5. The taking of samples and analysis of the goods
                                                               shall be effected by experts recognized by the , compe­
                          Article 7                            tent authorities of the Member State concerned. All
                                                               the costs of weighing, taking samples and quality
1.      The deposit required by the invitation to tender       control upon loading shall be paid by the Member
shall be 60 620 units of account .                             State concerned . That Member State shall obtain from
                                                               the successful tenderer a lump sum refund for the
2. The tenderer may lodge the deposit either in                costs referred to above (6 000 units of account), a sum
cash or in the form of a guarantee by an establish             which must therefore be quoted in the tender.
 ---pagebreak--- -18 . 9 . 73                                 Official Journal of the European Communities                          No L 261 / 13
                           Article 10                                  2.     Rights and obligations arising from awards shall
                                                                       not be transferable .
1 . The Member State concerned shall pay the
successful tenderer subject to any adjustment neces­
sary under Article 15 (2) the price quoted in this                                              Article 14
tender pro rata for the quantity actually supplied,
reduced by the sum of 6 000 units of account referred                   1 . The competent bodies shall immediately notify
to in Article 9 (5). Such quantity shall be the quantity               all tenderers of the outcome of their participation in
notified to the Commission by UNRWA ; the                              the tendering procedure. The body concerned shall
                                                                       also send a statement of award to the successful
Commission          shall   inform          the    Member     State
                                                                       tenderer.
concerned of this quantity immediately.
                                                                       2.     Statements of award shall indicate at least :
2. The system of monetary compensatory amounts
for export to third countries shall not apply in this                  (a) the invitation to which the tender relates ;
case .
                                                                       (b) the price accepted .
3 . The accessional compensatory amounts                        for
export to third countries shall be applied .                                                    Article 15
                           Article 11                                   1 . The competent body of the Member State from
                                                                       whose territory the sugar concerned is to be exported
The maximum price for supplying the sugar shall be                      shall verify whether the conditions relating to the
fixed , after examination of the tenders, in accordance
                                                                        supply of the sugar have been fulfilled.
with the procedure laid down in Article 40 of Regula­
tion No 1009/67/ EEC ('), as last amended by Regula­                   The successful tenderer shall be responsible for all
tion (EEC) No 1 928 /73 (2).                                            operations relating to the invitation to tender issued
However, a decision may be taken to make no award .                     pursuant to this Regulation, in particular to communi­
                                                                        cate to the competent body of the Member State in
                           Article 12                                   question the information provided for in Articles 2
                                                                        and 3 of Annex II to the Agreement between the EEC
 1.      Except where a decision is taken to make no                    and UNRWA. The Member State in question shall
award in respect of a partial invitation to tender, and                 communicate this information immediately to the
without prejudice to the provisions of paragraph 2, the                 Commission .
award shall be made to the tenderer whose bid is
converted into units of account, the lowest .                           2. Without prejudice to Article 7 (3), the amount of
2.       If several tenderers propose the same price and                the price accepted shall be reduced by :
that price is accepted, the successful tenderer shall be                (a) 1 unit of account per 100 kg of sugar, if the sugar
chosen by drawing lots .                                                    is Grade 2 sugar ;
                                                                        (b) 010 unit of account per 100 kg of sugar and per
                           Article 13
                                                                            day if the sugar is supplied after the date referred
 1.      An award shall :                                                   to in Article 9 paragraph 4, except if the delay is
                                                                            due to a case of force majeure recognized by the
(a) confer the right to the issue, in respect of the quan­                  competent body.
      tity concerned, of an export licence indicating that
      the system of monetary compensatory amounts for                   3 . If the sugar is of a grade lower than that speci­
      export to third countries does not apply in this                  fied in paragraph 2 (a) it shall be rejected with no
      case and bearing the words : ' for export without                 compensation to the tenderer.
      refund' ;
(b) entail the obligation to apply for such a licence in                                         Article 16
      respect of Grade 1 sugar and to supply such sugar
      in accordance with the terms of the invitation to                 This Regulation       shall  enter into   force on    18
      tender.                                                           September 1973 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 1 7 September 1 973 .
                                                                                  For the Commission
                                                                                      The President
                                                                                 François-Xavier ORTOLI
(') 0 | No 308 , IX . 12 . 1967 , p . I.
(-') O) No L 199 , 19 . 7 . 1 97.?, p . 7 .