CELEX: 31977R1370
Language: en
Date: 1977-06-24 00:00:00
Title: Commission Regulation (EEC) No 1370/77 of 24 June 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Sao Tome and Principe

25 . 6 . 77                               Official Journal of the European Communities                               No L 156/27
                                     COMMISSION REGULATION ( EEC) No 1370/77
                                                           of 24 June 1977
               opening an invitation to tender for the mobilization of common wheat flour as
                        food aid for the Democratic Republic of Sao Tome and Principe
 THE COMMISSION OF THE EUROPEAN                                        limits specified, it must be made clear who is to bear
 COMMUNITIES,                                                         the liability for any resulting costs ;
 Having regard to the Treaty establishing the European                Whereas provision should be made for security to be
 Economic Community,                                                  given for the purpose of guaranteeing that the obliga­
                                                                      tions arising by virtue of participation in the invita­
                                                                      tion to tender will be fulfilled ;
 Having regard to Council Regulation ( EEC) No
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals ('), as last amended by                Whereas the Italian intervention agency should be
 Regulation (EEC) No 3138 /76 (2),                                    made responsible for the tendering procedure ;
                                                                      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 moblization of cereals as food aid (3), and
 in particular Article 6 thereof,
                                                                      Whereas the Monetary Committee will be consulted ;
                                                                      whereas, in view of the urgency, the measures envis­
 Whereas on 8 February 1977 the Council of the Euro­                  aged should be adopted in accordance with the condi­
 pean Communities declared that it proposed, by way                   tions laid down in Article 3 (2) of Council Regulation
 of Community action , to grant the equivalent of 602                 No 129 on the value of the unit of account and the
 tonnes of common wheat (in other words 400 tonnes                    exchange rates to be applied for the purposes of the
 of common wheat flour) to the Democratic Republic                    common agricultural policy (4 ), as last amended by
 of Sao Tome and Principe under its 1976/77 food-aid                  Regulation (EEC) No 2543 /73 (5), and in particular
 programme ;                                                          Article 3 thereof ;
 Whereas pursuant to Article 3 (3) of Council Regula­                 Whereas the measures provided for in this Regulation
 tion (EEC) No 2750/75 the goods may be purchased                     are in accordance with the opinion of the Manage­
 anywhere on the Community market ;                                   ment Committee for Cereals,
Whereas the proposed invitation to tender should be
 for supply of the products to the dock or in the
 lighter where applicable at the port of unloading ;                  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                1 . Tenders are hereby invited for the supply to the
situation in the Member States and in order to ensure                 Democratic Republic of Sao Tome and Principe by
that the tenders are as comparable as possible , account             way of Community action , of 400 tonnes of common
should be taken of the effect on each tender of the                  wheat flour.
currency situation in the Member State in which the
customs export formalities will be completed ;                        2. The tendering procedure shall take place in Italy
                                                                      in one lot. The product shall be mobilized on the
Whereas the award under the invitation to tender                      Community market. The products shall be loaded for
 must be made in favour of the tenderer offering the                 departure from a Community port.
best terms ;
                                                                     3 . The invitation to tender provided for in para­
Whereas, should force majeure make it impossible to                  graph 1 is for supply of products to the dock, or in
complete the operation in question within the time                   the lighter where applicable at the port of unloading.
                                                                     (Sao Tome).
(') OJ No L 281 , 1 . 1 I. 1975, p . 1 .
(-') OJ No L 354, 24 . 12 . 1976 , p . 1 .                           (4 ) OJ No 106 , 30 . 10 . 1962, p . 2553 / 62 .
(') OJ No L 281 , 1 . 11 . 1975 , p . 89 .                           ( 5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- No L 156/ 28                          Official Journal of the European Communities                            25 . 6 . 77
4.     The    successful    tenderer    shall   deliver   the   — in the case when the currencies concerned are
products in new cotton sacks of a net capacity of 50                 kept at any given moment within a band of
kilograms.                                                           2-25 % , a conversion rate resulting from their
                                                                     central rate,
Minimum weight of the sacks shall be 180 grams.                 — in the other cases, the average of the spot rates of
                                                                     the currencies concerned recorded in the Member
The following shall be printed on the sacks :                        State in which the invitation to tender is issued
' Farinha — Dom da Comunidade economica europeia                     during a period from the Wednesday of one week
a Republica democratica de Sâo Tomé e Principe'.                     to the Tuesday of the following week being the
                                                                     period immediately preceding the closing date for
To allow for the possibility of re-bagging, the                      submission of tenders .
successful tenderer shall supply 2 % of new empty
sacks of the same quality as those containing the
                                                                                         Article 4
goods but with the printing followed by a capital
 letter ' R'.
                                                                The contract shall be awarded to the tenderer offering
                                                                 the best terms, taking into consideration the adjust­
                           Article 2                             ment referred to in Article 3 (3).
 1 . The decision on tenders received in response to             However, if the tenders submitted do not appear to
 the invitation provided for in Article 1 shall be taken         reflect normal market prices and costs, the interven­
 on 8 July 1977.                                                 tion agency may cancel the invitation to tender.
 2. The closing date for the submission of tenders                                       Article 5
 shall be 8 July 1977 at 12 noon .
 3.     The   notice  of   invitation  to  tender   shall  be    1 . The tenderer shall give security in an amount of
                                                                 10 units of account per tonne of goods.
 published in the Official Journal of the European
  Communities not less than nine days before the                 It shall be released :
 closing date for the submission of tenders.
                                                                 — in the case of all tenderers whose tenders are
                                                                      unsuccessful or are not accepted,
                           Article 3
                                                                 — in the case of the successful tenderer, when the
  1 . The prices offered must be expressed in the                     operations concerned have been carried out within
 currency of the Member State in which the invitation                 the prescribed time limit and on submission of
  to tender was issued .                                              the original export licence duly granted and
                                                                      endorsed by the competent authorities of the
 2. Tenders must in particular mention the Member                     Member State mentioned in the tender pursuant
 State in which the tenderer, in the event of his being               to Article 3 (2),
  declared successful, expects to complete the customs           — in the case of the successful tenderer for quantities
  export formalities for the products concerned .                     not supplied by reason of force majeure.
  3 . For the purpose of rendering the tenders compar­           2. The security required under paragraph 1 may be
  able, the prices shall , where appropriate, be corrected        provided in the form of a cash deposit or of a
  by the monetary compensatory amount and the acces­             guarantee issued by a credit institution conforming to
  sion compensatory amount applicable on the closing             criteria laid down by each Member State.
  date for submission of tenders to exports from the
  Member State mentioned in the tender pursuant to
                                                                                         Article 6
  paragraph 2.
                                                                  1.    The common wheat flour referred to in Article 1
  Such correction shall be made by :
                                                                  to be supplied to Sao Tome and Principe must meet
  — increasing prices which mention a Member State                the following requirements :
      whose currency has depreciated or a new Member
      State,                                                      — moisture : 12 % maximum ,
  — reducing prices which mention a Member State                  — protein content : 105 % minimum (N x 6-25 on
      whose currency has been revalued .                              dry matter),
                                                                  — ash content : 0-52 % maximum referred to dry
  The monetary compensatory amount shall , where                      matter .
  appropriate, be converted into the currency of the
  Member State in which the invitation to tender is               Flour not meeting these requirements shall be
  issued using :                                                  refused .
 ---pagebreak--- 25 . 6 . 77                        Official Journal of the European Communities                           No L 156/ 29
2.     Tenders for supply to Sao Tome and Principe of         Furthermore , the amount of the successful tender
the common wheat flour referred to in Article 1 must          shall be paid after it has been converted using the
relate to a product with the following characteristics :      average of the spot rates referred to in the second
— moisture : 1 2 % maximum,                                   subparagraph of Article 3 (3) to the tenderer in the
                                                              currency of the Member State in which the operations
— protein content : 105 % minimum (N x 6-25 on                relating to the tendering are completed .
     dry matter),
— ash content : 0-52 % maximum referred to dry                4. The intervention agency shall ask that the
     matter .                                                 tenderer specifies the following information :
                                                              (a) after each shipment, a statement giving details of
                         Article 7
                                                                  the quantities loaded, the quality of the products
1 . The Italian intervention agency shall be respon­              and their packaging ;
sible for the operations relating to the invitation to        (b) the date of the departure of the ships and the
tender provided for by this Regulation .                          expected date of arrival of the products at their
                                                                  destination ;
2.     It shall forthwith communicate to the Commis­
                                                              (c) all possible contingencies which might occur
sion the list of firms which have responded to the invi­
                                                                  during transportation of the products .
tation to tender, specifying the terms of each tender,
together with the name and business name of the               The intervention agency shall transmit the informa­
successful tenderer.
                                                              tion provided for to the Commission as soon as it is
                                                              received .
3 . Where the customs export formalities for the
mobilized product are completed in a Member State             5 . When the intervention agency responsible for
other than that in which the invitation to tender is
                                                              the operations relating to tendering is not the interven­
issued, the intervention agency of the latter Member          tion agency which appoints the successful tenderer, it
State shall be responsible for the operations following       shall send as soon as possible to the latter the informa­
tendering, including payment to the successful                tion necessary for releasing the security.
tenderer.
In such case, the intervention agency choosing the                                    Article 8
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and              This Regulation shall enter into force on the day of its
shall supply it with all the information which it may         publication in the Official Journal of the European
require .                                                     Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 24 June 1977.
                                                                         For the Commission
                                                                           Guido BRUNNER
                                                                    Member of the Commission