CELEX: 31974R2120
Language: en
Date: 1974-08-09 00:00:00
Title: Regulation (EEC) No 2120/74 of the Commission of 9 August 1974 on a standing invitation to tender for the mobilization of white sugar as food aid for UNRWA

No L 222/6                            Official Journal of the European Communities                               12. 8 . 74
                             REGULATION (EEC) No 2120/74 OF THE COMMISSION
                                                      of 9 August 1974
              on a standing invitation to tender for the mobilization of white sugar as food aid for
                                                            UNRWA
THE COMMISSION OF THE EUROPEAN
                                                                 Whereas, it should be specified that the system of
COMMUNITIES,                                                     monetary compensatory amounts for export to third
                                                                 countries and the export levy do not apply to this
                                                                 invitation to tender;
Having regard to the Treaty establishing the
European Economic Community;                                     Whereas the measures provided for in this Regulation
                                                                  are in accordance with the Opinion of the
Having regard to Council Regulation (EEC) No                     Management Committee for Sugar,
1052/73 (*) of 17 April 1973 on the supply of sugar
to UNRWA as food aid pursuant to the Agreement                    HAS ADOPTED THIS REGULATION:
with that agency dated 18 December 1972, and in
particular Article 1 (3 ) thereof;                                                       Article 1
Whereas the quantity of white sugar referred to in                1 . The Member States shall issue a standing
Article II paragraph 1 of the Agreement between the               invitation to tender for the supply of a total quantity
European Economic Community and the United                       of 6 094 metric tons of white sugar as food aid to
Nations Relief and Works Agency for Palestine                    UNRWA and, during the period of validity of the
Refugees in the Near East (2), hereinafter caHed the              standing invitation, they shall issue partial invitations
'Agreement', concerning assistance to refugees from              to tender.
the countries of the Middle East has been changed
following an exchange of letters pursuant to the                 This quantity is made up in two lots A and B.
Council Decision of 22 July 1974; whereas                         2.    The standing invitation to tender shall relate to
consequently it is provided that 6 094 metric tons of            the price of each one of lots A and B to be supplied
white sugar produced and in free circulation in the               cif on quay to the port of unloading and made up as
Community be placed at the disposal of the United                indicated in the Annex. The sugar shall be of Grade 1
Nations Relief and Works Agency for Palestine                     as defined by Article 11 (1) of Regulation (EEC) No
Refugees (UNRWA) as food aid for the sugar                        1280/71 .
marketing year 1974/75 ; whereas, in view of its
destination, this white sugar must be Grade 1 sugar               3 . No levy shall apply in respect of the export
as defined by Commission Regulation (EEC) No                     of the quantity referred to in paragraph 1 .
1280/71 (3), of 18 June 1971 laying down detailed
rules for the buying-in of sugar by intervention                                         Article 2
agencies, as last amended by Regulation (EEC) No
2733/73 (4);                                                     The standing invitation to tender shall be organized
                                                                  in accordance with Regulation (EEC) No 1052/73
Whereas Article 2 of Regulation (EEC) No 1052/73                  and with the following provisions.
provides in particular that the Community shall
finance the cif value of the sugar;                                                      Article 3
Whereas for the mobilization of the goods is to be               The standing invitation to tender shall remain valid
awarded under a tendering procedure, it would seem               until a date to be determined at a later stage.
desirable to apply, in an appropriate form, the
detailed rules governing tenders within the                                              Article 4
framework of the common organization of the
market in sugar;                                                  1.    The period for the submission of tenders in
                                                                  response to the first partial invitation shall begin at
                                                                  10 a.m. on 18 September 1974 and expire at lO.a.m.
                                                                  on 25 September 1974.
(!) OJ No  L 105, 20. 4. 1973, p. 1 .
(2) OJ No  L 304, 31 . 12. 1972, p. 24.                          2. The periods of the submission of tenders in
(s) OJ No  L 133, 19. 6. 1971 , p. 34.                           response to the second and subsequent partial
(4) OJ No  L 282, 9 . 10. 1973, p. 8.                             invitation shall :
 ---pagebreak---  12. 8 . 74                          Official Journal of the European Communities                           No L 222/7
(a) begin on the first working day following the end            (b) proof is furnished before the period for the
     of the previous period, and                                    submission of tenders expires that the deposit
                                                                    required by the invitation to tender has been
(b) expire at 10 a.m. on the Wednesday of the                        lodged ;
     following week.
                                                                (c) it includes a declaration by the tenderer that he
3 . During the period in which Summer Time                           will, if awarded the contract, supply the sugar in
applies in Italy, the time limits laid down in this                 accordance with the provisions of this
Article shall be understood in that Member State to                 Regulation.
be extended by one hour. For the period during
which Summer Time does not apply in the United                  4.    A tender which is not submitted in accordance
Kingdom and in Ireland, the time limits established             with the provisions of this Article, or which contains
above shall be regarded in those Member States as               terms other than those indicated in the invitation to
brought forward by one hour.                                    tender, shall not be taken into consideration.
                                                                5.    Once a tender has been submitted it may not be
                                                                withdrawn.
                         Article 5
1 . The Member States shall draw up a notice of
invitation to tender. This notice shall be published in                                 Article 7
the Official Journal of the European Communities.
Member States may also publish the notice or have it            1.    The deposit required by the invitation to tender
published elsewhere.                                            shall be :
                                                                36 500 units of account for the lot A;
2. The notice of standing invitation to tender shall
be published only for the purpose of issuing it. The            24 440 units of account for the lot B.
notice as published may be amended during the
period of validity of the standing invitation. It shall
be amended if the terms of the invitation to tender             2. The tenderer may lodge the deposit in cash or
are amended during that period of validity.                     in the form of a guarantee by an establishment
                                                                complying with criteria laid down by the Member
                                                                State in which the tender is submitted.
3.      The notice shall indicate in particular the terms
of the invitation to tender.
                                                                3 . Except in cases of force majeure, the deposit
                                                                shall only be released if:
                                                                (a) the successful tenderer supplies the sugar in
                         Article 6                                   accordance with the provisions hereof;
                                                                    or
1.      Tenderers shall either deliver written tenders to
the competent body of the Member State in question              (b) the tender is not accepted.
against a receipt, or address tenders to the competent
 body by registered letter, telex or telegram. Tenders          In cases of force majeure the competent body shall
shall be submitted in the Member State from which               determine the measures necessary in view of the
export is to be effected.                                       circumstances invoked by the tenderer.
2.      Tenders shall indicate :                                4. In the case of paragraph 3 (a) the deposit shall
                                                                be released when payment is made under Article
 (a) the invitation to which the tender relates ;               10 ( 1 ); in the case of paragraph 3 (b) the deposit
(b) the name and address of the tenderer;                       shall be released immediately.
 (c) the price proposed for the lot in question in the
     currency of the Member State of the competent
     body to which the tender is submitted.                                             Article 8
3.      A tender shall be valid only if:                        1 . Tenders shall be examined in private session by
                                                                the competent body. Persons present at the
(a) it relates to a price referred to in Article 1 (2);         examination shall be sworn to secrecy.
 ---pagebreak--- No L 222/8                         Official Journal of the European Communities                                 12. 8 . 74
2.     The Commission shall be informed without                                        Article 11
delay of the tenders submitted.
                                                              The maximum price for supplying each one of the
                        Article 9
                                                              lots of sugar shall be fixed, after examination of the
                                                              tenders, in accordance with the procedure laid down
                                                              in Article 40 of Regulation No 1009/67/EEC (*), as
1 . The price relates to the delivery cif on quay of          last amended by Regulation (EEC) No 1602/74 (2).
each one of the lots to the port indicated in the
Annex.                                                        However, a decision may be taken to make no
                                                              award.
2. The sugar shall be supplied in new jute sacks of
a minimum weight of 450 g lined with a polyethylene                                    Article 12
bag and with a net weight of 50 kg.
The following shall be printed on the outside of the          1.      Except where a decision is taken to make no
sacks : 'White Sugar — Gift of the European                   award in respect of a partial invitation to tender, and
Communities'.                                                 without prejudice to the provisions of paragraph 2,
                                                              the award shall be made to the tenderer whose tender
3 . The sugar in question must have been produced             is converted into units of account, the lowest for the
and put in free circulation in the Community.                 lot in question.
4. The sugar shall be delivered cif on quay at the            2.      If several tenderers propose the same price and
latest on the date and to the ports indicated in the           that price is accepted, the successful tenderer shall be
Annex.                                                        chosen by drawing lots.
If the contract has not been awarded at the first
partial invitation to tender, the date of delivery shall                               Article 13
be postponed for a period equal to that between the
first partial invitation to tender and the partial             1.     An award shall :
invitation in question.
                                                               (a) confer the right to the issue, in respect of the
                                                                     quantity    concerned,    of    an export licence
5 . The taking of samples and analysis of the goods                  indicating that the monetary compensatory
shall be effected by experts recognized by the                       amounts for export to third countries does not
competent authorities of the Member State                            apply in this case and bearing the words : 'for
concerned. All the costs of weighing, taking samples                 export without levy';
and quality control upon loading shall be paid by the
Member State concerned. That Member State shall                (b) entail the obligation to apply for such a licence
obtain from the successful tenderer a lump sum                       for sugar in question and to supply such sugar in
refund of 3 650 units of account for the lot A and                   accordance with the terms of the notice of the
2 444 units of account for the lot B, in respect of such             invitation to tender.
costs a sum which must therefore be quoted in the
tender.                                                        2.      Rights and obligations arising from awards shall
                                                               not be transferable.
                        Article 10
                                                                                        Article 14
 1 . The Member State concerned shall pay the
successful tenderer subject to any adjustment                  1 . The competent bodies shall immediately notify
necessary under Article 15 (2) the price quoted in             all tenderers of the outcome of their participation in
 this tender pro rata for the quantity actually supplied,      the tendering procedure. The body concerned shall
reduced by the sum referred to in Article 9 (5 ). Such         also send a statement of award to the successful
 quantity shall be the quantity notified by UNRWA              tenderer.
 directly to the competent body of the Member State
 in question, at latest during the month following the         2.      Statements of award shall indicate at least :
 end of the delay provided for in Article VI of the
 Agreement.                                                     (a) the invitation to which the tender relates ;
2.     The monetary compensatory amounts for                    (b) the price accepted.
 export to third countries shall not apply in this case.
3 . The accessional compensatory amounts for                    H OJ No 308 , 18 . 12. 1967, p. 1 .
export to third countries shall be applied.                     (2 ) OJ No L 172, 27. 6. 1974, p. 7.
 ---pagebreak--- 12. 8 . 74                               Official Journal of the European Communities                              No L 222/9
                          Article 15                                 (a) 1 unit of account per 100 kg of sugar, if the sugar
                                                                          is Grade 2 sugar as defined by Regulation (EEC)
1 . The competent body of the Member State from                           No 793 /72 (*);
whose territory the sugar concerned is to be exported                (b)> 0-10 unit of account per 100 kg of sugar and per
shall verify whether the conditions relating to the                       day if the sugar is supplied after the date
supply of the sugar have been fulfilled.                                  provided for, except if the delay is due to a case
                                                                          of force majeure recognized by the competent
The successful tenderer shall be responsible for all                      body.
operations relating to the invitation to tender issued
pursuant to this Regulation, in particular to                        3 . If the sugar is of a grade lower than that
communicate to the competent body of the Member                      specified in paragraph 2 (a) it shall be rejected with
State in question the information provided for in                    no compensation to the successful tenderer.
Articles 2 arid 3 of Annex II to the Agreement.
The Member State in question shall communicate
this information immediately to the Commission.                                              Article 16
2. Without prejudice to Article 7 (3 ), the amount                   This Regulation shall enter into force on 13 August
of the price accepted shall be reduced by :                          1974 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 9 August 1974.
                                                                                         For the Commission
                                                                                            The President
                                                                                       Francois-Xavier ORTOLI
                                                                     H OJ No L 94, 21 . 4. 1972, p. 1 .
                                                             ANNEX
        Reference                                                                                                   Limit
    number of the lot          Shipping 's Harbour          Quantity        Quality    Unshipping's Harbour  date for delivering
         A                 Harbours
                           of the Community                3 650           Grade 1    Beyrouth (Lebanon)    31 October 1974
         B                 Harbours
                           of the Community                2 444           Grade 1      Ashdod (Israel)     31 October 1974