CELEX: 31977R2096
Language: en
Date: 1977-09-23
Title: Commission Regulation (EEC) No 2096/77 of 23 September 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of the Philippines

No L 245/ 14                           Official Journal of the European Communities                             24. 9 . 77
                                   COMMISSION REGULATION (EEC) No 2096/77
                                                     of 23 September 1977 ~
               opening an invitation to tender for the mobilization of common wheat flour as
                                        food aid for the Republic of the Philippines
 THE COMMISSION OF THE EUROPEAN                                     time limit, it should be made clear who is to bear the
 COMMUNITIES,                                                       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 obligations arising by
                                                                    virtue of participation in the invitation to tender for
                                                                    the supply of goods to the Republic of the Philip­
 Having regard to Council Regulation (EEC) No                       pines,
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals ( !), as last amended by
                                                                    Whereas the Belgian intervention agency should be
 Regulation (EEC) No 1386/77 (2),
                                                                    made responsible for organizing the invitation to
                                                                    tender ;
 Having regard to Council Regulation (EEC) No
 2750/75 of 29 October 1975 laying down the condi­                  Whereas the Commission must be informed quickly
 tions for the mobilization of cereals as food aid (3), and         of the tenders submitted in response to the invitation
 in particular Article 6 thereof,                                   and of those accepted by the intervention agency ;
 Whereas on 8 February 1977 the Council of the Euro­                Whereas the Monetary Committee will be consulted ;
 pean Communities declared that it proposed, by way                 whereas, in view of the urgency, the measures envis­
 of Community action, to grant the equivalent of 7 500              aged should be adopted in accordance with the condi­
 tonnes of common wheat, in the form of 4 967 tonnes                tions laid down in Article 3 (2) of Council Regulation
 of common wheat flour, to the Republic of the Philip­              No 129 on the value of the unit of account and the
 pines under its 1976/77 food-aid programme ;                       exchange rates to be applied for the purposes of the
                                                                    common agricultural policy (4), as last amended by
 Whereas pursuant to Article 3 (3) of Council Regula­               Regulation (EEC) No 2543/73 (5), and in particular
 tion (EEC) No 2750/75 the goods may be purchased                   Article 3 thereof ;
 anywhere on the Community market ;
                                                                    Whereas the measures provided for in this Regulation
                                                                    are in accordance with the opinion of the Manage­
 Whereas tenders should be invited for the supply of                ment Committee for Cereals,
 the product to the port of shipment in the vicinity of
 the vessel, the goods to be set down at the place nomi­
 nated by the recipient or its agent ;
                                                                    HAS ADOPTED THIS REGULATION :
 Whereas tenders may be submitted by tenderers esta­
 blished in any Member State of the Community and
 may relate to products mobilized anywhere within                                           Article 1
 those Member States ; whereas, in view of the currency
 situation in the Member States and in order to ensure
                                                                    1 . An invitation to tender shall be issued in respect
 that the tenders are as comparable as possible, account           of the supply of 4 967 tonnes of common wheat flour
 should be taken of the effect on each tender of the
                                                                   to the Republic of the Philippines by way of Commu­
 currency situation in the Member State in which the                nity food-aid action.
 customs export formalities will be completed ;
                                                                   2. The tendering procedure shall take place in the
Whereas the award under the invitation to tender                   Kingdom of Belgium and shall be in respect of a
 must be made in favour of the tenderer offering the               single lot.
best terms ;
                                                                   3 . The product shall be mobilized on the Commu­
Whereas, should force majeure make it impossible to                nity market.
complete the operation in question within the set
                                                                   4.     Shipment shall be from Antwerp.
(') 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--- 24. 9. 77                          Official Journal of the European Communities                          No L 245/ 15
5. The product referred to in paragraph 1 is to be           The monetary compensatory amount shall, where
delivered in new jute sacks of a net capacity of 50 kilo­    appropriate, be converted into the currency of the
grams to the port of shipment in the vicinity of the         Member State in which the invitation to tender is
vessel . The goods must be set down at the place nomi­       issued using :
nated by the recipient country or its agent, the timing
                                                             — in the case when the currencies concerned are
of delivery being settled by the tenderer and the recip­
ient country's agent.                                             kept at any given moment within a band of
                                                                  2-25 % , a conversion rate resulting from their
Minimum weight of the sacks shall be 600 grams.                   central rate ;
                                                             — in the other cases, the average of the spots rates of
6.     The following shalt be printed on the sacks :              the currencies concerned recorded in the Member
                                                                  State in which the invitation to tender is issued
'Wheat flour — Gift of the European Communities to                during a period from the Wednesday of one week
the Republic of the Philippines.'                                 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
goods but with the printing followed by a capital                                      Article 4
letter 'R\
                                                             The contract shall be awarded to the tenderer offering
                         Article 2                            the best terms, taking into consideration the adjust­
                                                              ment referred to in Article 3 (3).
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken       However, if the tenders submitted do not appear to
on 7 October 1977.                                            reflect normal market prices and costs, the interven­
                                                              tion agency may cancel the invitation to tender.
2.     The closing date for submission of tenders shall
be 7 October 1977 at 12 noon .
                                                                                       Article 5
3.     The   notice of invitation   to tender shall    be
                                                              If the tenderer is unable to deliver the goods in
published in the Official Journal of the European
                                                              compliance with Article 1 (5) on the date given in the
 Communities not less than nine days before the               notice of invitation to tender as a result of the late
closing date for submission of tenders.
                                                              availability of the vessels to be used for sea transporta­
                                                              tion, the resulting costs shall be borne by the interven­
                         Article 3                            tion agency.
 1 . The prices offered must be expressed in the                                       Article 6
currency of the Member State in which the invitation
 to tender was issued.
                                                              1 . The tenderer shall give security in an amount of
 2. Tenders must in particular mention the Member             10 units of account per tonne of goods.
State in which the tenderer, in the event of his being        It shall be released :
 declared successful, expects to complete the customs
 export formalities for the products concerned.               — in the case of all tenderers whose tenders are
                                                                  unsuccessful or are not accepted,
 3. For the purpose of rendering the tenders compar­
                                                              — in the case of the successful tenderer, when the
 able, the prices shall, where appropriate, be corrected
 by the monetary compensatory amount and the acces­               operations concerned have been carried out within
 sion compensatory amount applicable on the closing               the prescribed time limit and on submission of
 date for submission of tenders to exports from the               the original export licence duly granted and
 Member State mentioned in the tender pursuant to                 endorsed by the competent authorities of the
 paragraph 2.                                                     Member State mentioned in the tender pursuant
                                                                  to Article 3 (2),
 Such correction shall be made by :                           — in the case of the successful tenderer for quantities
                                                                  not supplied by reason of force majeure.
— increasing prices which mention a Member State
     whose currency has depreciated or a new Member           2. The security required under paragraph 1 may be
     State,
                                                              provided in the form of a cash deposit or of a
— reducing prices which mention a Member State                guarantee issued by a credit institution conforming to
     whose currency has been revalued.                        criteria laid down by each Member State.
 ---pagebreak--- No L 245/ 16                       Official Journal of the European Communities                               24. 9. 77
                         Article 7                            In such case, the intervention agency choosing the
 1.    The common wheat flour referred to in Article 1
                                                              successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
to be supplied to the Republic of the Philippines             shall supply it with all the information which it may
must meet the following requirements :                        require.
— moisture : 14 % maximum ;
                                                              Furthermore , the amount of the successful tender
— protein content : 1 0-5 % minimum (N x 6'25 on              shall be paid after it has been converted using the
     dry matter) ;                                            average of the spot rates referred to in the second
— ash content : 0-52 % maximum referred to dry                subparagraph of Article 3 (3) to the tenderer in the
     matter.                                                  currency of the Member State in which the operations
                                                              relating to the tendering are completed.
Flour not meeting these requirements shall be
refused.                                                      4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
2. Tenders for supply to the Republic of the Philip­          tion :
pines of the common wheat flour referred to in
Article 1 must relate to a product with the following         (a) after shipment a certificate showing the quantities
characteristics :                                                 dispatched and the quality of the products ;
— moisture : 14 % maximum ;
                                                              (b) the date of departure of the vessels.
                                                              The information indicated above shall be forwarded
— protein content : 10-5 % minimum (N x 6-25 on
    dry matter) ;                                             by the intervention agency to the Commission imme­
                                                              diately upon receipt.
— ash content : 0-52 % maximum referred to dry
    matter.                                                   5. When the intervention agency responsible for
                                                              the operations relating to tendering is not the interven­
                         Article 8                            tion agency which appoints the successful tenderer, it
                                                              shall send as soon as possible to the latter the informa­
1 . The Belgian intervention agency shall be respon­          tion necessary for releasing the security.
sible for operations relating to the invitations to
tender provided for by this Regulation .                                              Article 9
2.     It shall forthwith communicate to the Commis­          On delivery of the goods at the port of shipment, a
sion the list of firms which have responded to the invi­      handing-over certificate shall be supplied to the
tation to tender, specifying the terms of each tender,        successful tenderer, acting as agent for the Commu­
together with the name and business name of the               nity, by the agent of the recipient country or, in the
successful tenderer.                                          absence of the latter, by the intervention agency of the
                                                              Member State in whose territory the port of shipment
3. Where the customs export formalities for the               is situated.
mobilized product are completed in a Member State
other than that in which the invitation to tender is
                                                                                      Article 10
issued, the intervention agency of the latter Member
State shall be responsible for the operations following       This Regulation shall enter into force on the day of its
tendering, including payment to the successful                publication in the Official Journal of the European
tenderer.                                                     Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 23 September 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President