CELEX: 31977R2735
Language: en
Date: 1977-12-10 00:00:00
Title: Commission Regulation (EEC) No 2735/77 of 9 December 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations High Commission for Refugees

10 . 12. 77                            Official Journal of the European Communities                           No L 316/23
                                  COMMISSION REGULATION (EEC) No 2735 /77
                                                     of 9 December 1977
              opening an invitation to tender for the mobilization of common wheat flour as
                        food aid for the United Nations High Commission for Refugees
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 to guarantee fulfilment of the obligations arising
                                                                  by virtue of participation in the invitation to tender ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                Whereas the French intervention agency should be
tion of the market in cereals ('), as last amended by              made responsible for the tendering procedure in ques­
                                                                   tion ;
Regulation (EEC) No 1 386/77 (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, in view of the urgency, the measures envis­
Whereas on 3 March 1975 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 1 344             No 129 on the value of the unit of account and the
tonnes of common wheat (in other words 890 tonnes                 exchange rates to be applied for the purposes of the
of common wheat flour) to the United Nations High                 common agricultural policy (4), as last amended by
Commission for Refugees under its 1974/75 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 delivered Limassol, that is
at the moment when the goods are actually placed on                HAS ADOPTED THIS REGULATION :
the dock or in the lighter where applicable ;
Whereas tenders may be submitted by tenderers esta­                                          Article 1
blished in any Member State of the Community and
may relate to products mobilized anywhere within                   1 . Tenders are hereby invited for the supply to the
those Member States ; whereas, in view of the currency             United Nations High Commission for Refugees by
situation in the Member States and in order to ensure             way of Community food-aid action , of 890 tonnes of
that the tenders are as comparable as possible, account           common wheat flour.
should be taken of the effect on each tender of the
currency situation in the Member State in which the                2. The tendering procedure shall take place in
customs export formalities will be completed ;                     France in one lot. The product shall be mobilized on
                                                                  the Community market. The product shall be loaded
Whereas the award under the invitation to tender                   for departure from any Community port.
must be made to the tenderer offering the 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 delivered Limassol,
complete the operation in question within the time                that is at 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 158 , 29 . 6. 1977, p. 1 .                            (") OJ No L 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---  No L 316/24                       Official Journal of the European Communities                           10 . 12 . 77
 4. The successful tenderer shall deliver the product              2-25 % , a conversion rate resulting from their
 specified in paragraph 1 in new jute sacks of a net              central rate,
 capacity of 50 kilograms.
                                                             — in other cases, the average of the spot rates of the
                                                                  currencies concerned recorded in the Member
 Minimum weight of the sacks shall be 600 grams. The
 following shall be printed on the sacks :                        State in which the invitation to tender is issued
                                                                  during a period from the Wednesday of one week
 'Wheat flour / Gift of the European Economic                     to the Tuesday of the following week being the
 Community to the people of Cyprus'.                              period immediately preceding the closing date for
                                                                  submission of tenders .
To allow for the possibility of re-bagging, the
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 prices and costs, the intervention
on 23 December 1977 .                                        agency may cancel the invitation to tender.
2.     The closing date for the submission of tenders                                Article 5
shall be 23 December 1977 at 12 noon .
3.     The    notice of invitation to tender shall    be      1 . The tenderer shall give security in an amount of
published in the Official Journal of the European             10 units of account per tonne of goods.
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
                         Article J                                unsuccessful or are not accepted ,
                                                             — 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
State in which the tenderer, in the event of his being            Member State mentioned in the tender pursuant
                                                                  to Article 3 (2),
declared successful, expects to complete the customs
export formalities for the products concerned .              — in the case of the successful tenderer, for quanti­
                                                                  ties not supplied by reason of force majeure.
3.     For the purpose of rendering the tenders compar­
able, the prices shall , where appropriate, be corrected     2. The security required under paragraph 1 may be
by the monetary compensatory amount and the acces­           provided in the form of a cash deposit or of a
sion compensatory amount applicable on the closing           guarantee issued by a credit institution conforming to
date for submission of tenders to exports from the           criteria laid down by each Member State.
Member State mentioned in the tender pursuant to
paragraph 2.
                                                                                     Article 6
Such correction shall be made by :
                                                             1.     The common wheat flour referred to in Article 1
— increasing prices which mention a Member State             to be supplied to the United Nations High Commis­
     whose currency has depreciated or a new Member          sion for Refugees must meet the following require­
     State ,                                                 ments :
— reducing prices whch mention a Member State
     whose currency has been revalued .                      — moisture : 14 % maximum ,
                                                             — protein content : 10-5 % minimum (N x 6-25 on
The monetary compensatory amount shall , where                    dry matter),
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            — ash content : 0-62 % maximum referred to dry
                                                                  matter .
issued using :
— in the case when the currencies concerned are              Flour not meeting these requirements shall be
     kept at any given moment within a band of               refused .
 ---pagebreak--- 10 . 12 . 77                       Official Journal of the European Communities                           No L 316/ 25
2. Tenders for supply to the United Nations High              of the Member State in which the operations relating
Commission for Refugees of the common wheat flour             to the tendering are completed .
referred to in Article 1 must relate to a product with
the following characteristics :                               4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
— moisture : 14% maximum,                                     tion :
— protein content : 1 0-5 % minimum (N x 6-25 on
                                                              (a) after each shipment, a statement giving details of
     dry matter),                                                 the quantities loaded, the quality of the products
— ash content : 0-62 % maximum referred to dry                    and the type of packing ;
     matter .
                                                              (b) the date of the departure of the ships ; the esti­
                         Article 7
                                                                  mated date of arrival of the products at their desti­
                                                                  nation ;
1 . The French intervention agency shall be respon­           (c) all possible contingencies which might occur
sible for organizing the invitation to tender provided            during transportation of the products .
for by this Regulation .
                                                              The intervention agency shall transmit the informa­
2.     It shall forthwith communicate to the Commis­
                                                              tion provided for to the Commission as soon as it is
sion the list of firms which have responded to the invi­      received .
tation to tender, specifying the terms of each tender,
together with the name and business name of the               5. When the intervention agency responsible for
successful tenderer.                                          the operations relating to tendering is not the interven­
                                                              tion agency which appoints the successful tenderer, it
3 . Where customs export formalities for the mobi­            shall send as soon as possible to the latter the informa­
lized product are completed in a Member State other           tion necessary for releasing the security.
than that in which the invitation to tender is issued ,
the intervention agency of the latter Member State
                                                                                       Article 8
shall be responsible for the operations following
tendering, including payment to the successful                As regards this tender, the intervention agency is auth­
tenderer.
                                                              orized to make an initial payment of 80 % of the
In such case, the intervention agency choosing the            value of the quantity given in the bill of lading, on
successful tenderer shall immediately inform the inter­       presentation of that document and subject to the
vention agency of the Member State concerned and              taking of a security for an amount equal to the initial
shall supply it with all the information which it may         payment .
require.
                                                                                       Article 9
Furthermore the amount of the successful tender shall
be paid after it has been converted using the average         This Regulation shall enter into force on the day of its
of the spot rates referred to in the second subpara­          publication in the Official Journal of the European
graph of Article 3 (3) to the tenderer in the currency        Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 9 December 1977 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President