CELEX: 31977R2551
Language: en
Date: 1977-11-18 00:00:00
Title: Commission Regulation (EEC) No 2551/77 of 18 November 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 Refugees (UNRWA)

No L 296/22                             Official Journal of the European Communities                           19 . 11 . 77
                                  COMMISSION REGULATION (EEC) No 2551 /77
                                                     of 18 November 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 Refugees
                                                           (UNRWA)
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
Regulation (EEC) No 1386/77 (2),                                  tion ;
                                                                  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 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 3 260              No 129 on the value of the unit of account and the
tonnes of cpmmon wheat (in other words 2 450                      exchange rates to be applied for the purposes of the
tonnes of common wheat flour) to UNRWA under its                   common agricultural policy (4), as last amended by
 1976/77 food-aid programme ;                                      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                  Whereas the measures provided for in this Regulation
anywhere on the Community market ;                                 are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products delivered Aqaba, that is at
the moment when the goods are actually placed on
the dock or in the lighter where applicable ;                      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
situation in the Member States and in order to ensure              UNRWA, by way of Community food-aid action, of
that the tenders are as comparable as possible, account            2 450 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                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 Aqaba, that
complete the operation in question within the time                 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 .                           (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--- 19 . 11 . 77                       Official Journal of the European Communities                        No L 296/23
4. The successful tenderer shall deliver the product         — in the case when the currencies concerned are
specified in paragraph 1 in new jute sacks of a net               kept at any given moment within a band of
capacity of 50 kilograms.                                         2-25 % , a conversion rate resulting from their
                                                                  central rate,
Minimum weight of the sacks shall be 600 grams. The          — in other cases, the average of the spot rates of the
following shall be printed on the sacks :                         currencies concerned recorded in the Member
'Wheat flour / Gift of the European Economic                      State in which the invitation to tender is issued
Community / For free distribution to Palestine refu­              during a period from the Wednesday of one week
gees.'                                                            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 prices and costs, the intervention
on 2 December 1977.                                          agency may cancel the invitation to tender.
2.     The closing date for the submission of tenders                                Article 5
shall be 2 December 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 th 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
paragraph 2.                                                                         Article 6
Such correction shall be made by :                            1.    The common wheat flour referred to in Article 1
                                                             to be supplied to UNRWA must meet the following
— increasing prices which mention a Member State             requirements :
     whose currency has depreciated or a new Member
     State,                                                  — moisture : 14 % maximum,
— reducing prices which mention a Member State               — protein content : 10-5 % minimum (N x 6-25 on
     whose currency has been revalued.                            dry matter),
                                                             — ash content : 0-62 % 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--- No L 296/ 24                      Official Journal of the European Communities                               19 . 11 . 77
2.    Tenders for supply to UNRWA of the common              which the operations relating to the tendering are
wheat flour referred to in Article 1 must relate to a        completed.
product with the following characteristics ;
                                                             4. The intervention agency shall request the
— moisture : 14% maximum,                                    successful tenderer to supply the following informa­
— protein content : 10-5 % minimum (N x 6-25 on              tion :
    dry matter),                                             (a) after each shipment, a statement giving details of
— ash content : 0-62 % maximum referred to dry                    the quantities loaded, the quality of the products
    matter.
                                                                  and the type of packing ;
                                                             (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
sible for organizing the invitation to tender provided       (c) all possible contingencies which might occur
for by this Regulation .                                          during transportation of the products.
2.    It shall forthwith communicate to the Commis­          The information indicated above shall be forwarded
sion the list of firms which have responded to the invi­      by the intervention to the Commission immediately
tation to tender, specifying the terms of each tender,        upon receipt.
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
3 . Where the customs export formalities for the              tion agency which appoints the successful tenderer, it
mobilized product are completed in a Member State             shall send as soon as possible to the latter the informa­
other than that in which the invitation to tender is          tion necessary for releasing the security.
issued, the intervention agency of the latter Member
State shall be responsible for the operations following                               Article 8
tendering, including payment to the successful
tenderer.
                                                              As regards this tender the intervention agency is auth­
                                                              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           This Regulation shall enter into force on the day of its
average of the spot rates referred to in Article 3 (3) to     publication in the Official Journal of the European
the tenderer in the currency of the Member State in           Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 18 November 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President