CELEX: 31976R1275
Language: en
Date: 1976-05-31 00:00:00
Title: Commission Regulation (EEC) No 1275/76 of 31 May 1976 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 (UNRWA)

1 . 6. 76                                 Official Journal of the European Communities                           No L 143/ 39
                                   COMMISSION REGULATION (EEC) No 1275/76
                                                          of 31 May 1976
              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
                                                             (UNRWA)
THE COMMISSION OF THE EUROPEAN                                       may relate to products mobilized anywhere within
COMMUNITIES,                                                         those Member States ; whereas, in view of the currency
                                                                     situation in the Member States and in order to ensure
                                                                     that the tenders are as comparable as possible, account
Having regard to the Treaty establishing the European               should be taken of the effect on each tender of the
Economic Community,                                                  currency situation in the Member State in which the
                                                                    customs export formalities will be completed ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­
                                                                    Whereas the award under the invitation to tender
tion of the market in cereals ('), as amended by Regula­
tion (EEC) No 1143/76(2),                                            must be made to the tenderer offering the best terms ;
Having regard to Council Regulation (EEC) No                         Whereas, should force majeure make it impossible to
2750/75 of 29 October 1975 laying down the condi­                    complete the operation in question within the time
tions for the mobilization of cereals as food aid (3), and           limits specified, it must be made clear who is to bear
in particular Article 6 thereof,                                     the liability for any resulting costs ;
Whereas on 3 March 1975 the Council of the Euro­
pean Communities declared that it proposed, by way                   Whereas provision should be made for security to be
of Community action , to grant the equivalent of 3 700               given for the purpose of guaranteeing that the obliga­
metric tons of common wheat (in other words 2 450                    tions arising by virtue of participation in the invita­
metric tons of common wheat flour) to UNRWA                          tion to tender for supplies to UNRWA will be
                                                                     fulfilled ;
under its 1974/75 food-aid programme ;
Whereas purusant to Article 3 (3) of Council Regula­                 Whereas the Italian intervention agency should be
tion (EEC) No 2750/75 the goods may be purchased                     made responsible for the tendering procedure ;
anywhere on the Community market ;
Whereas the successful tenderer appointed under                      Whereas the Commission must be informed quickly
Commission Regulation (EEC) No 671 /76 of 26                         of the tenders submitted in response to the invitation
March 1976 opening an invitation to tender for the                   and of those accepted by the intervention agency ;
mobilization of common wheat flour as food aid for
the United Nations Relief and Works Agency for
Palestine ( UNRWAX4), has not been able to carry out                 Whereas the Monetary Committee will be consulted ;
the execution of this aid ; whereas it is necessary to               whereas, in view of the urgency the measures envis­
open a new tender ;                                                  aged should be adopted in accordance with the condi­
                                                                     tions laid down in Article 3 (2) of Council Regulation
                                                                     No 129 on the value of the unit of account and the
Whereas the proposed invitation to tender should be                  exchange rates to be applied for the purposes of the
 for supply of the products delivered Ashdod, that is at             common agricultural policy (5), as last amended by
 the moment when the goods are actually placed on                    Regulation (EEC) No 2543/73 (6), and in particular
 the dock or in the lighter where applicable ;                       Article 3 thereof ;
Whereas tenders may be submitted by tenderers esta­
 blished in any Member State of the Community and                    Whereas the measures provided for in this Regulation
                                                                     are in accordance with the opinion of the Manage­
                                                                     ment Committee for Cereals,
(') OJ No L 281 , 1 . II . 1975 , p . 1 .
(-) O'l No L 130, 19 . 5 . 1976, p. I.
(->) O'j No L 281 , I. II . 1975, p. 89,                             (5 ) OJ No 106, 30 . 10 . 1962, p. 2553/62.
H O'l No L 81 , 27. 3 . 1976, p. 12.                                 (*>) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- No L 143 /40                      Official Journal of the European Communities                             1 . 6. 76
HAS ADOPTED THIS REGULATION :                               The monetary compensatory amount shall, where
                                                            appropriate, be converted into the currency of the
                        Article 1                           Member State in which the invitation to tender is
                                                             issued using :
1 . Tenders are hereby invited for the supply to
                                                            — in the case when the currencies concerned are
UNRWA by way of Community food-aid action, of
2 450 metric tons of common wheat flour.                          kept at any given moment within a band of
                                                                  2-25 % , a conversion rate resulting from their
2. The tendering procedure shall take place in Italy              central rate,
in one lot. The product shall be mobilized on the           — in other cases, the average of the spot rates of the
Community market. The product shall be loaded for                 currencies concerned recorded in the Member
departure from any Community port.                                State in which the invitation to tender is issued
3 . The invitation to tender provided for in para­                during a period from the Wednesday of one week
graph 1 is for supply of products delivered Ashdod,               to the Tuesday of the following week being the
that is at the moment when the goods are actually                 period immediately preceding the closing date for
                                                                  submission of tenders.
placed on the dock or in the lighter where applicable.
4.    The    successful  tenderer   shall   deliver  the                             Article 4
products in new cotton sacks of a net capacity of 50
kg­                                                          The contract shall be awarded to the tenderer offering
                                                             the best terms, taking into consideration the adjust­
The following shall be printed on the sacks :                ment referred to in Article 3 (3).
'Wheat flour — Gift of the European Economic
                                                             However, if the tenders submitted do not appear to
Community to UNRWA — For Palestine refugees.'
                                                             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
on 11 June 1976.                                              1 . The tenderer shall give security in an amount of
                                                              10 units of account per metric ton of goods.
2. The closing date for submission of tenders shall
                                                             It shall be released :
be 11 June 1976 at 12 noon .
                                                             — in the case of all tenderers whose tenders are
3.    The   notice of invitation   to tender shall    be
published in the Official Journal of the European                 unsuccessful or are not accepted,
 Communities not less than nine days before the              — in the case of the successful tenderer, when the
closing date for submission of tenders.                           operations concerned have been carried out within
                                                                  the prescribed time limit and on submission of
                        Article 3                                 the original export licence, duly granted and
                                                                  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 tenderer                criteria laid down by each Member State.
 comparable, the prices shall, where appropriate, be
 corrected by the monetary compensatory amount and                                   Article 6
 the accession compensatory amount applicable on the
                                                              1.     The common wheat flour referred to in Article 1
 closing date for submission of tenders to exports from
 the Member State mentioned in the tender pursuant            to be supplied to UNRWA must meet the following
 to paragraph 2.                                              requirements :
                                                             — moisture : 14 % maximum ,
 Such correction shall be made by :
                                                             — protein content : 10-5 % minimum (N X 6-25 on
 — increasing prices which mention a Member State                  dry matter),
     whose currency has depreciated or a new Member
     State,                                                  — ash content : 0-55 % referred to dry matter.
 — reducing prices which mention a Member State               Flour not meeting these requirements shall be
     whose currency has been revalued .                       refused .
 ---pagebreak---  1 . 6. 76                          Official Journal of the European Communities                           No L 143/41
2.      Tenders for supply to UNRWA of the common              Furthermore, the amount of the successful tender
wheat flour referred to in Article 1 must relate to a          shall be paid after it has been converted using the
product with the following characteristics :                   average of the spot rates referred to in Article 3 (3) to
— moisture : 14 % maximum,                                     the tenderer in the currency of the Member State in
                                                               which the operations relating to the tendering are
— protein content : 10-5 % minimum (N X 6-25 on
                                                               completed.
     dry matter),
— ash content : 0-55 % referred to dry matter.                 4. The intervention agency shall request the
                                                               successful tenderer to supply the following informa­
                                                               tion :
                          Article 7
                                                               (a) after each shipment a statement giving details of
1 . The Italian intervention agency shall be respon­               the quantities loaded, the quality of the products
sible for the operations relating to the invitation to             and the type of packing ;
tender provided for by this Regulation.                        (b) the date of the departure of the ships ; the esti­
2.      It shall forthwith communicate to the Commis­              mated date of arrival of the products at their desti­
sion the list of firms which have responded to the invi­           nation ;
tation to tender, specifying the terms of each >tender,        (c) all possible contingencies which might occur
together with the name and business name of the                    during transportation of the products.
successful tenderer.                                           The information indicated above shall be forwarded
3 . Where the customs export formalities for the               by the intervention agency to the Commission imme­
mobilized product are completed in a Member State              diately upon receipt.
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 ato 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 chosing 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, 31 May 1976.
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                     Member of the Commission