CELEX: 31975R2984
Language: en
Date: 1975-11-14 00:00:00
Title: Regulation (EEC) No 2984/75 of the Commission of 14 November 1975 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 (UNRWA)

15 . 11 . 75                           Official Journal of the European Communities                            No L 296/ 5
                            REGULATION (EEC) No 2984/75 OF THE COMMISSION
                                                    of 14 November 1975
              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
                                                          (UNRWA)
THE COMMISSION OF THE EUROPEAN                                    Whereas provision should be made for security to be
COMMUNITIES,                                                      given for the purpose of guaranteeing that the obliga­
                                                                  tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European             tion to tender for supplies to UNRWA will be
                                                                  fulfilled ;
Economic Community ;
                                                                  Whereas the intervention agency of France should be
Having regard to Council Regulation (EEC) No                      made responsible for the tendering procedure in ques­
2727/75 (j ) of 29 October 1975 on the common organ­              tion ;
ization of the market in cereals ;
                                                                  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 (2) 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, and
in particular Article 6 thereof ;                                 Whereas the Monetary Committee will be consulted ;
                                                                  whereas, in view of the urgency, the measures envis­
Whereas on 5 November 1975 the Council of the                     aged should be adopted in accordance with the condi­
European Communities declared that it proposed, by                tions laid down in Article 3 (2) of Council Regulation
way of Community action, to grant the equivalent of               No 129 (3) on the value of the unit of account and the
5 000 metric tons of common wheat (in other words                 exchange rates to be applied for the purposes of the
3 600 metric tons of common wheat flour) to                       common agricultural policy, as last amended by Regu­
UNRWA under its 1974/75 food-aid programme ;                      lation (EEC) No 2543/73 (4), 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 cif, that is to say, actually
placed on the quay 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
 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 . Tenders are hereby invited for the supply to
 that the tenders are as comparable as possible, account           UNRWA, by way of Community action, of 3 600
 should be taken of the effect on each tender of the               metric tons of common 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
                                                                   France in one lot. The product shall be mobilized on
 Whereas the award under the invitation to tender                  the Community market. The product shall be loaded
 must be made to the tenderer offering the best terms ;            for departure from a Community port.
 Whereas, should force majeure make it impossible to               3 . The invitation to tender provided for in para­
 complete the operation in question within the time                graph 1 is for supply of products delivered cif, that is
 limits specified, it must be made clear who is to bear            to say, actually placed on the quay in one of the ports
 the liability for £ny resulting costs ;                           of unloading listed in the Annex.
 (») OJ No L 281 , I. 11 . 1975, p . 1 .                           (3) OJ No 106, 30 . 10 . 1962, p . 2553/62.
 (2) OJ No L 281 , 1 . 11 . 1975, p. 89 .                          (4) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 296/6                        Official Journal of the European Communities                            15. 11 . 75
4.     The successful tenderer shall deliver the product         during a period from the Wednesday of one week
specified in paragraph 1 cif in new cotton sacks,                to the Tuesday of the following week being the
having a net capacity of 50 kg.                                  period immediately preceding the closing date for
                                                                 submission of tenders.
The following shall be printed on the sacks :
                                                                                    Article 4
'Wheat flour — gift of the European Economic
Community to UNRWA for Palestine refugees'.                 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).
                                                             However, if the tenders submitted do not appear to
 1.    The decision on tenders received in response to       reflect normal market prices and costs, the interven­
the invitation provided for in Article 1 shall be taken      tion agency may cancel the invitation to tender.
on 28 November 1975 .
2.     The closing date for submission of tenders shall                             Article 5
be 28 November 1975 at 12 noon .
                                                             1 . The tenderer shall give security in an amount of
3.     The notice of invitation to tender shall be
                                                             10 units of account per metric ton 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 submission of tenders.
                                                            — in the case of all tenderers whose tenders are
                                                                 unsuccessful or are not accepted,
                        Article J
                                                            — in the case of the successful tenderer, when the
                                                                 operations concerned have been carried out within
 1 . The prices offered must be expressed in the                 the prescribed time limit and on submission of
currency of the Member State in which the invitation             the original export licence, duly granted and
to tender was issued.
                                                                 endorsed by the competent authorities of the
                                                                 Member State mentioned in the tender pursuant
2. Tenders must in particular mention the Member
                                                                 to Article 3 (2),
State in which the tenderer, in the event of his being
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 UNRWA must meet the following
— increasing prices which mention a Member State             requirements :
     whose currency has depreciated or a new Member          — moisture : 14 % maximum ;
     State ,
— reducing prices which mention a Member State
                                                            — protein content : 10-5 % minimum (N x 6*25 on
                                                                 dry matter) ;
     whose currency has been revalued.
                                                            — ash content : 0-55 % referred to dry matter.
The monetary compensatory amount shall, where
appropriate, be converted into the currency of the           Flour not meeting these requirements shall be
Member State in which the invitation to tender is            refused.
issued using :
                                                             2.    Tenders for supply to UNRWA of the common
— in the case when the currencies concerned are             wheat flour referred to in Article 1 must relate to a
     kept at any given moment within a band of               product with the following characteristics :
     2-25 % , a conversion rate resulting from their
     central rate,                                          — moisture : 14 % maximum ;
— in the other cases, the average of the spot rates of      — protein content : 10-5 % minimum (N X 6-25 on
     the currencies concerned recorded in the Member             dry matter) ;
     State in which the invitation to tender is issued      — ash content : 0-55 % referred to dry matter.
 ---pagebreak--- 15 . 11 . 75                        Official Journal of the European Communities                                No L 296/7
                          Article 7                            currency of the Member State in which the operations
                                                               relating to the tendering are completed.
1 . The French intervention agency shall be respon­
sible for operations relating to the invitation to tender      4. The intervention agency shall ask that the
provided for by this Regulation .                              tenderer specifies the following information :
2.    It shall forthwith communicate to the Commis­            (a) after each shipment, a statement giving details of
sion the list of firms which have responded to the invi­           the quantities loaded, the quality of the products
tation to tender, specifying the terms of each tender,             and their packaging ;
together with the name and business name of the                (b) the date of the departure of the ships, the expected
successful tenderer.                                               date of arrival of the products at their destination ;
3. Where the customs export formalities for the                (c) all possible contingencies which might occur
mobilized product are completed in a Member State                  during transportation of the products.
other than that in which the invitation to tender is
                                                               The intervention agency shall transmit the informa­
issued, the intervention agency of the latter Member           tion provided for to the Commission as soon as it is
State shall be responsible for the operations following        received.
tendering, including payment to the successful
tenderer.                                                      5. When the intervention agency responsible for
In such case, the intervention agency choosing the             the operations relating to tendering is not the interven­
                                                               tion agency which appoints the successful tenderer, it
successful tenderer shall immediately inform the inter­
                                                               shall send as soon as possible to the latter the informa­
vention agency of the Member State concerned and
                                                               tion necessary for releasing the security.
shall supply it with all the information which it may
require.
                                                                                             Article 8
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 the second            publication in the Official Journal of the European
subparagraph of Article 3 (3) to the tenderer in the            Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 14 November 1975 .
                                                                         For the Commission
                                                                            P.J. LARDINOIS
                                                                     Member of the Commission
                                                           ANNEX
                  Number                                                                               Metric
                   of lot
                                         Port of unloading         Minimum rate of unloading
                                                                                                    tonnage cif
                      1      Aqaba                                Customs of the port                 3 600