CELEX: 31977R1861
Language: en
Date: 1977-08-12 00:00:00
Title: Commission Regulation (EEC) No 1861/77 of 12 August 1977 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine Refugees (UNRWA)

No L 207/34                              Official Journal of the European Communities                            13 . 8 . 77
                                    COMMISSION REGULATION (EEC) No 1861 /77
                                                       of 12 August 1977
              opening a new invitation to tender for the mobilization of common wheat flour
              as food aid for the United Nations Relief and Works Agency for Palestine Refu­
                                                         gees (UNRWA)
THE COMMISSION OF THE EUROPEAN                                     Whereas, should force majeure make it impossible to
COMMUNITIES,                                                       complete the operation in question within the time
                                                                   limits specified, it must be made clear who is to bear
Having regard to the Treaty establishing the European              the liability for any resulting costs ;
Economic Community,
                                                                   Whereas provision should be made for security to be
Having regard to Council Regulation (EEC) No                       given for the purpose of guaranteeing that the obliga­
2727/75 of 29 October 1975 on the common organiza­                  tions arising by virtue of participation in the invita­
tion of the market in cereals (1), as last amended by               tion to tender for supplies to UNRWA will be
Regulation (EEC) No 1386/77(2),                                     fulfilled ;
Having regard to Council Regulation (EEC) No                       Whereas the French intervention agency should be
2750/75 of 29 October 1975 laying down the condi­                   made responsible for the tendering procedure in ques­
tions for the mobilization of cereals as food aid (3), and          tion ;
in particular Article 6 thereof,
Whereas on 8 February 1977 the Council of the Euro­
                                                                   Whereas the Commission must be informed quickly
                                                                    of the tenders submitted in response to the invitation
pean Communities declared that it proposed, by way
                                                                    and of those accepted by the intervention agency ;
of Community action, to grant the equivalent of
1 8 000 tonnes of common wheat (in other words                      Whereas the Monetary Committee will be consulted ;
13 534 tonnes of common wheat flour) to UNRWA                       whereas, in view of the urgency, the measures envis­
under its 1976/77 food-aid programme ;                              aged should be adopted in accordance with the condi­
Whereas pursuant to Article 3 (3) of Council Regula­                tions laid down in Article 3 (2) of Council Regulation
                                                                    No 129 on the value of the unit of account and the
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                  exchange rates to be applied for the purposes of the
                                                                    common agricultural policy (5), as last amended by
Whereas the invitation to tender opened in the                      Regulation (EEC) No 2543/73 (6), and in particular
Community under1 Commission Regulation (EEC) No                     Article 3 thereof ;
 1596/77 of 15 July 1977 opening an invitation to
tender for the mobilization of common wheat flour as                Whereas the measures provided for in this Regulation
aid for UNRWA (4) was not allocated ; whereas a new                 are in accordance with the opinion of the Manage­
invitation to tender should therefore be opened ;                   ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products delivered Ashdod and                     HAS ADOPTED THIS REGULATION :
Aqaba, that is at the moment when the goods are actu­
ally placed on the dock or in the lighter where appli­                                        Article 1
cable ;
Whereas tenders may be submitted by tenderers esta­                  1 . Tenders are hereby invited for the supply to
blished in any Member State of the Community and                    UNRWA, by way of Community food-aid action, of
                                                                     13 534 tonnes of common wheat flour.
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure               2. The tendering procedure shall take place in
                                                                    France in two lots. The product shall be mobilized on
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                 the Community market. The product shall be loaded
                                                                    for departure from any Community port.
currency situation in the Member State in which the
customs export formalities will be completed ;                      3.     The invitation to tender provided for in para­
Whereas the award under the invitation to tender                    graph 1 is for supply of products delivered Ashdod
must be made to the tenderer offering the best terms ;              (2 000 tonnes) and Aqaba (1 1 534 tonnes), that is at
                                                                    the moment when the goods are actually placed on
0)  OJ  No L  281 , 1 . 11 . 1975, p. 1.                            the dock or in the lighter where applicable.
(2) OJ  No L  158 , 29 . 6.  1977, p. 1.
(3) OJ  No  L 281 , 1 . 11 . 1975, p. 89 .                          (5) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(<) OJ  No  L 177,  16. 7.   1977, p. 18 .                          (*) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  13 . 8 . 77                         Official Journal of the European Communities                        No L 207/35
 4. The successful tenderer shall deliver the product               State in which the invitation to tender is issued
 specified in paragraph 1 in new jute sacks of a net                during a period from the Wednesday of one week
 capacity of 50 kilograms.                                          to the Tuesday of the following week being the
 Minimum weight of the sacks shall be 600 grams. The                period immediately preceding the closing date for
                                                                    submission of tenders.
 following shall be printed on the sacks :
'Wheat flour / Gift of the European Economic                                           Article 4
 Community / For free distribution to Palestine refu­
gees'.                                                         The contract shall be awarded to the tenderer offering
To allow for the possibility of re-bagging, the                the best terms, taking into consideration the adjust­
successful tenderer shall supply 2 % of new empty              ment referred to in Article 3 (3).
 sacks, of the same quality as those containing the            However, if the tenders submitted do not appear to
goods but with the printing followed by a capital              reflect normal prices and costs, the intervention
 letter ' R'.
                                                               agency may cancel the invitation to tender.
                           Article 2
                                                                                       Article 5
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken         1 . The tenderer shall give security in an amount of
on 26 August 1977.                                              10 units of account per tonne of goods.
2. The closing date for the submission of tenders              It shall be released :
shall be 26 August 1977 at 12 noon .                           — in the case of all tenderers whose tenders are
3.     The    notice of invitation    to  tender shall  be          unsuccessful or are not accepted,
published in the Official Journal of the European              — in the case of the successful tenderer, when the
 Communities not less than nine days before the                     operations concerned have been carried out within
closing date for the submission of tenders.                         the prescribed time limit and on submission of
                                                                    the original export licence, duly granted and
                           Article 3                                endorsed by the competent authorities of the
 1 . The prices offered must be expressed in the                    Member State mentioned in the tender pursuant
currency of the Member State in which the invitation                to Article 3 (2),
to tender was issued .
                                                               — in the case of the successful tenderer for quantities
2. Tenders must in particular mention the Member                    not supplied by reason of force majeure.
State in which the tenderer, in the event of his being         2. The security required under paragraph 1 may be
declared successful, expects to complete the customs           provided in the form of a cash deposit or of a
export formalities for the products concerned.                 guarantee issued by a credit institution conforming to
3 . For the purpose of rendering the tenders compar­           criteria laid down by each Member State.
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount and the acces­                                     Article 6
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the             1.     The common wheat flour referred to in Article 1
Member State mentioned in the tender pursuant to               to be supplied to UNRWA must meet the following
paragraph 2.                                                   requirements :
Such correction shall be made by :                             — moisture : 14% maximum,
— increasing prices which mention a Member State               — protein content : 10*5 % minimum (N x 6-25 on
     whose currency has depreciated or a new Member                dry matter),
     State,                                                    — ash content : 0-62 % maximum referred to dry
                                                                   matter.
— reducing prices which mention a Member State
     whose currency has been revalued.                         Flour not meeting these requirements shall be
The monetary compensatory amount shall, where                  refused .
appropriate, be converted into the currency of the
Member State in which the invitation to tender is              2.     Tenders for supply to UNRWA of the common
                                                               wheat flour referred to in Article 1 must relate to a
issued using :
                                                               product with the following characteristics :
— in the case when the currencies concerned are
     kept at any given moment within a band of                 — moisture : 14 % maximum,
     2-25 % , a conversion rate resulting from their           — protein content : 1 0*5 % minimum (N x 6-25 on
     central rate ,                                                dry matter),
— in other cases, the average of the spot rates of the         — ash content : 0-62 % maximum referred to dry
     currencies     concerned  recorded  in  the  Member           matter .
 ---pagebreak--- No L 207/36                        Official Journal of the European Communities                                13 . 8 . 77
                         Article 7                            (a) after each shipment, a statement giving details of
                                                                   the quantities loaded, the quality of the products
1 . The French intervention agency shall be respon­                and the type of packing ;
sible for organizing the invitation to tender provided
for by this Regulation .                                      (b) the date of the departure of the ships ; the esti­
                                                                   mated date of arrival of the products at their desti­
2.     It shall forthwith communicate to the Commis­               nation ;
sion the list of firms which have responded to the invi­       (c) all possible contingencies which might occur
tation to tender, specifying the terms of each tender,             during transportation of the products.
together with the name and business name of the
successful tenderer.                                           The information indicated above shall be forwarded
                                                               by the intervention agency to the Commission imme­
3. Where the customs export formalities for the
                                                               diately upon receipt.
mobilized product are completed in a Member State
other than that in which the invitation to tender is
                                                               5. When the intervention agency responsible for
issued, the intervention agency of the latter Member           the operations relating to tendering is not the interven­
State shall be responsible for the operations following        tion agency which appoints the successful tenderer, it
tendering, including payment to the successful ten­            shpll send as soon as possible to the latter the informa­
derer.
                                                               tion necessary for releasing the security.
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­                                Article 8
vention agency of the Member State concerned and
shall supply it with all the information which it may          As regards this tender the intervention agency is auth­
require.                                                       orized to make an initial payment of 80 % of the
                                                               value of the quantity given in the bill of lading, on
Furthermore, the amount of the successful tender               presentation of that document and subject to the
shall be paid after it has been converted using the            taking of a security for an amount equal to the initial
average of the spot rates referred to in Article 3 (3) to      payment.
the tenderer in the currency of the Member State in
which the operations relating to the tendering are
completed.                                                                             Article 9
4. The intervention agency shall request the                   This Regulation shall enter into force on the day of its
successful tenderer to supply the following informa­           publication in the Official Journal of the European
tion :                                                          Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 12 August 1977.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President