CELEX: 31977R1596
Language: en
Date: 1977-07-15 00:00:00
Title: Commission Regulation (EEC) No 1596/77 of 15 July 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine (UNRWA)

No L 177/ 18                             Official Journal of the European Communities                            16. 7. 77
                                  COMMISSION REGULATION (EEC) No 1596/77
                                                         of 15 July 1977
              opening an invitation to tender for the mobilization of common wheat flour as
              food aid for the United Nations Relief and Works Agency for Palestine
                                                            UNRWA
THE COMMISSION OF THE EUROPEAN                                     Whereas provision should be made for secority to be
COMMUNITIES,                                                       given for the purpose of guaranteeing that the obliga­
                                                                   tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European              tion to tender for supplies to UNRWA will be ful­
Economic Community,                                                filled ;
Having regard to Council Regulation (EEC) No                       Whereas the French intervention agency should be
2727/75 of 29 October 1975 on the common organiza­                  made responsible for the tendering procedure in ques­
tion of the market in cereals ( ! ), as amended by Regu­           tion ;
lation (EEC) No 31 38 /76 (2),
                                                                   Whereas the Commission must be informed quickly
Having regard to Council Regulation (EEC) No                       of the tenders submitted in response to the invitation
2750/75 of 29 October 1975 laying down the condi­                   and of those accepted by the intervention agency ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,
                                                                   Whereas the Monetary Committee will be consulted ;
Whereas on 8 February 1977 the Council of the Euro­                whereas, in view of the urgency, the measures envis­
pean Communities declared that it proposed, by way                  aged should be adopted in accordance with the condi­
of Community action, to grant the equivalent of                     tions laid down in Article 3 (2) of Council Regulation
                                                                    No 129 on the value of the unit of account and the
18 000 tonnes of common wheat (in other words
13 534 tonnes of common wheat flour) to UNRWA                       exchange rates to be applied for the purposes of the
under its 1976/77 food-aid programme ;                              common agricultural policy (4), as last amended by
                                                                    Regulation (EEC) No 2543/73 (5), and in particular
                                                                    Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                  Whereas the measures provided for in this Regulation
                                                                    are in accordance with the opinion of the Manage­
Whereas the proposed invitation to tender should be                 ment Committee for Cereals,
for supply of the products delivered Ashdod and
Aqaba, that is at the moment when the goods are actu­
ally placed on the dock or in the lighter where appli­
cable .                                                             HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                                                Article 1
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
                                                                    1 . Tenders are hereby invited for the supply to
                                                                    UNRWA, by way of Community food-aid action, of
that the tenders are as comparable as possible, account              13 534 tonnes of common wheat flour.
should be taken of the effect on each tender of the
currency situation in the Member State in which the
customs export formalities will be completed ;                      2. The tendering procedure shall take place in
                                                                    France in two lots. The product shall be mobilized on
Whereas the award under the invitation to tender                    the Community market. The product shall be loaded
must be made to the tenderer offering the best terms ;              for departure from any Community port.
Whereas, should force majeure make it impossible to                 3 . The invitation to tender provided for in para­
complete the operation in question within the time                  graph I is for supply of products delivered Ashdod
limits specified, it must be made clear who is to bear              (2 000 tonnes) and Aqaba (1 1 534 tonnes), that is at
the liability for any resulting costs ;                             the moment when the goods are actually placed on
                                                                    the dock or in the lighter where applicable .
(■) OJ No L 281 , 1 . 11 . 1975, p . 1 .
(2 ) OJ No L 354, 24. 12 . 1976, p. 1 .                             (4) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p . 89 .                           (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak---  16. 7. 77                         Official Journal of the European Communities                        No L 177/ 19
4. The successful tenderer shall deliver the product         — in other cases, the average of the spot rates of the
specified in paragraph 1 in new jute sacks of a net               currencies concerned recorded in the Member
capacity of 50 kilograms.                                         State in which the invitation to tender is issued
                                                                  during a period from the Wednesday of one week
Minimum weight of the sacks shall be 600 grams. The               to the Tuesday of the following week being the
following shall be printed on the sacks :                         period immediately preceding the closing date for
'Wheat flour / Gift of the European Economic                      submission of tenders .
Community / For free distribution to Palestine refu­
gees'.                                                                               Article 4
To allow for the possibility of re-bagging, the              The contract shall be awarded to the tenderer offering
successful tenderer shall supply 2 % of new empty            the best terms, taking into consideration the adjust­
sacks, of the same quality as those containing the           ment referred to in Article 3 (3).
goods but with the printing followed by a capital
letter 'R\                                                    However, if the tenders submitted do not appear to
                                                             reflect normal prices and costs, the intervention
                                                             agency may cancel the invitation to tender.
                        Article 2
 1 . The decision on tenders received in response to                                 Article 5
the invitation provided for in Article 1 shall be taken       1 . The tenderer shall give security in an amount of
on 29 July 1977.                                              10 units of account per tonne of goods.
2. The closing date for the submission of tenders             It shall be released :
shall be 29 July 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
                                                                  Member State mentioned in the tender pursuant
 1 . The prices offered must be expressed in the                  to Article 3 (2),
currency of the Member State in which the invitation
to tender was issued .                                       — in the case of the successful tenderer for quantities
                                                                  not supplied by reason of force majeure.
2. Tenders must in particular mention the Member
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
                                                             criteria laid down by each Member State.
3 . For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected                              Article 6
by the monetary compensatory amount and the acces­
                                                              1.    The common wheat flour referred to in Article 1
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the           to be supplied to UNRWA must meet the following
Member State mentioned in the tender pursuant to             requirements :
paragraph 2.                                                 — moisture : 14% maximum,
Such correction shall be made by :                           — protein content : 10-5 % minimum (N X 6-25 on
                                                                  dry matter),
— increasing prices which mention a Member State             — ash content : 0-62 % maximum referred to dry
     whose currency has depreciated or a new Member               matter .
     State ,
— reducing prices which mention a Member State               Flour not meeting these requirements shall be re­
                                                             fused .
     whose currency has been revalued .
The monetary compensatory amount shall, where                2.     Tenders for supply to UNRWA of the common
                                                             wheat flour referred to in Article 1 must relate to a
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            product with the following characteristics :
issued using :                                               — moisture : 14 % maximum,
— in the case when the currencies concerned are              — protein content : 10-5 % minimum (N x 6-25 on
     kept at any given moment within a band of                    dry matter),
     2-25 % , a conversion rate resulting from their         — ash content : 0-62 % maximum referred to dry
     central rate ,                                               matter .
 ---pagebreak--- No L 177/20                        Official Journal of the European Communities                               16. 7. 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                shall send as soon as possible to the latter the informa­
tenderer.
                                                              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, 15 July 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President