CELEX: 31976R1122
Language: en
Date: 1976-05-14 00:00:00
Title: Commission Regulation (EEC) No 1122/76 of 14 May 1976 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)

15.5.76                              Official Journal of the European Communities                        No L 127/ 13
                                   COMMISSION REGULATION (EEC) No 1122/76
                                                       of 14 May 1976
               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
 Economic Community,                                              fulfilled ;
 Having regard to Council Regulation (EEC) No                    Whereas the Italian intervention agency should be
 2727/75 of 29 October 1975 on the common organiza­               made responsible for the tendering procedure ;
 tion of the market in cereals (*), as amended by Regula­
 tion (EEC) No 832/76 (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 Comittee will be consulted ;
                                                                 whereas, in view of the urgency, the measures envis­
Whereas on 25 March 1976 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
                                                                  No 129 on the value of the unit of account and the
of Community action, to grant the equivalent of
24 780 metric tons of common wheat (in other words               exchange rates to be applied for the purposes of the
 17 842 metric tons of common wheat flour) to                    common agricultural policy (4), as last amended by
UNRWA under its 1975/76 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 Ashod and
Lattakia, that is at the moment when the goods are
actually placed on the dock or in the lighter where              HAS ADOPTED THIS REGULATION :
applicable ;
Whereas tenders may be be submitted by tenders 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           1 7 842 metric tons of common wheat flour.
should be taken of the effect on each tender of the
currency situation in the Member State in which the
customs export formalities will be completed ;                   2. The tendering procedure shall take place in Italy
                                                                 in two lots. The product shall be mobilized on the
Whereas the award under the invitation to tender                 Community market. The product shall be loaded for
must be made to the tenderer offering the best terms ;           departure from any 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 Ashold
limits specified, it must be made clear who is to bear           ( 13 000 metric tons) and Lattakia (4 842 metric tons),
the liability for any costs ;                                    that is at the moment when the goods are actually
                                                                 placed on the dock or in the lighter where applicable.
0) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 100, 14. 4. 1976, 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--- No L 127/ 14                     Official Journal of the European Communities                            15.5.76
4. The successful tenderer shall deliver the product            to the Tuesday of the following week being the
in new cotton sacks of a net capacity of 50 kg.                 period immediately preceding the closing date for
                                                                submission of tenders .
The following shall be printed on the sacks :
'Wheat flour — Gift of the European Economic                                       Article 4
Community to UNRWA — for Palestine refugees.'
                                                           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         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 28 May 1976.                                             agency may cancel the invitation to tender.
2. The closing date for submission of tenders shall
be 28 May 1976 at 12 noon.                                                         Article 5
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 metric ton of goods.
Communities not less than nine days before the
closing date for submission of tenders.                     It shall be released :
                                                           — in the case of all tenderers whose tenders are
                       Article 3                                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                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
export formalities for the products concerned.              — in the case of the successful tenderer for quantities
                                                                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 UNRWA must meet the following
    whose currency has depreciated or a new Member          requirements :
    State,
                                                            — moisture : 14 % maximum,
— reducing prices which mention a Member State
    whose currency has been revalued.
                                                            — protein content : 10-5 % minimum (N x 6-25 on
                                                                dry matter),
The monetary compensatory amount shall, where               — ash content : 0-60 % referred to dry 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 .
— in the case when the currencies concerned are             2.    Tenders for supply to UNRWA of the common
    kept at any given moment within a band of               wheat flour referred to in Article 1 must relate to a
    2-25 % , a conversion rate resulting from their         product with the following characteristics :
    central rate,
                                                            — moisture : 14 % maximum,
— in other cases, the average of the spot rates of the
    currencies concerned recorded in the Member             — protein contenty ; 10-5 % minimum (N x 6-25
    State in which the invitation to tender is issued           on dry matter)
    during a period from the Wednesday of one week          — ash content : 0-60 % referred to dry matter.
 ---pagebreak---  15. 5. 76                         Official Journal of the European Communities                         No L 127/ 15
                        Article 7                            4. The intervention agency shall request the
 1 . The Italian intervention agency shall be respon­        successful tenderer to supply the following informa­
                                                             tion :
sible for the operations relating to the invitation to
tender provided for by this Regulation.                      (a) after each shipment, a statement giving details of
2.    It shall forthwith communicate to the Commis­              the quantities loaded, the quality of the products
sion the list of firms which have responded to the invi­         and the type of packing ;
tation to tender, specifying the terms of each tender,       (b) the date of the departure of the ships ; the esti­
together with the name and business name of the                  mated date of arrival of the products at their desti­
successful tenderer.                                             nation ;
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
issued, the intervention agency of the latter Member         The information indicated above shall be forwarded
State shall be responsible for the operations following      by the intervention agency to the Commission imme­
tendering, including payment to the successful               diately upon receipt.
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
successful tenderer shall immediately inform the inter­      tion agency which appoints the successful tenderer, it
vention agency of the Member State concerned and             shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may        tion necessary for releasing the security.
require.
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                  Article 8
average of the spot rates referred to in Article 3 (3) to
the tenderer in the currency of the Member State in          This Regulation shall enter into force on the day of its
which the operations relating to the tendering are           publication in the Official Journal of the European
completed.                                                   Communities
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 14 May 1976.
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission