CELEX: 31975R2341
Language: en
Date: 1975-09-12 00:00:00
Title: Regulation (EEC) No 2341/75 of the Commission of 12 September 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations High Commission for Refugees

13 . 9 . 75                             Official Journal of the European Communities                            No L 241 /27
                             REGULATION ( EEC) No 2341 /75 OF THE COMMISSION
                                                     of 12 September 1975                                          .v
               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                                     Whereas, should force majeure make it impossible to
 COMMUNITIES,                                                       complete the operation in question within the time
                                                                    limits specified, it must be made clear who is to bear
                                                                    the liability for any resulting costs ;
 Having regard to the Treaty establishing the European
 Economic Community ;
                                                                   Whereas provision should be made for security to be
                                                                   given for the purpose of guaranteeing that the obliga­
 Having regard to Council Regulation No 120/                       tions arising by virtue of participation in the invita­
 67/ EEC (') of 13 June 1967 on the common organiza­                tion to tender for supplies to the United Nations
tion of the market in cereals, as last amended by Regu­             High Commission for Refugees will be fulfilled ;
lation (EEC) No 665/75 (2) ;
                                                                   Whereas the Danish intervention agency should be
 Having regard to Council Regulation (EEC) No                       made responsible for the tendering procedure ;
 1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid , and            Whereas the Commission must be informed quickly
in particular Article 6 thereof ;                                  of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
Whereas on 3 March 1975 the Council of the Euro­
pean Communities declared that it proposed, by way                 Whereas the Monetary Committee will be consulted ;
of Community action , to grant the equivalent of 9 060             whereas, in view of the urgency, the measures envis­
metric tons of common wheat (in other words, 6 000                 aged should be adopted in accordance with the condi­
metric tons of common wheat flour) to the United                   tions laid down in Article 3 (2) of Council Regulation
Nations High Commission for Refugees under its                     No 129 (4) on the value of the unit of account and and
 1972/73 and 1974/75 food-aid programme ;                          the exchangfe rates to be applied for the purposes of
                                                                   the common agricultural policy, as last amended by
                                                                   Regulation (EEC) No 2543/73 (5), and in particular
Whereas pursuant to Article 3 (3) of Council Regula­               Article 3 thereof ;
tion (EEC) No 1693/72 the goods may be purchased
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
that the tenders are as comparable as possible, account             1 . Tenders are hereby invited for the supply to the
should be taken of the effect on each tender of the                United Nations High Commission for Refugees by
currency situation in the Member State in which the                way of a Community food-aid action of 6 000 metric
customs export formalities will be completed ;                     tons of common wheat flour.
Whereas the award under the invitation to tender                   2. The tendering procedure shall take place in
must be made in favour of the tenderer offering the                Denmark in one lot. The product shall be mobilized
best terms ;                                                       on the Community market. The products shall be
                                                                   loaded for departure from any Community port.
(') OJ No 117, 19 . 6 . 1967, p . 2269/ 67 .
I2) OJ No L 72, 20. 3. 1975, p. 14.                                (4 ) OJ No 106 , 30 . 10 . 1962, p . 2553/62.
(3 ) OJ No L 178 , 5 . 8 . 1972, p . 3 .                           (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 241 /28                        Official Journal of the European Communities                            13 . 9 . 75
3 . The product referred to in paragraph 1 is to be            — in the case where the currencies concerned are
delivered in new cotton sacks of a net capacity of 50               kept at any given moment within a band of
kilogrammes to the port of shipment in the vicinity of              2-25 % , a conversion rate resulting from their
the vessel . The goods must be set down at the place                central rate,
nominated by the recipient country or its agent, the           — in the other cases, the average of the spot rates of
timing of delivery being settled by the tenderer and                the currencies concerned recorded in the Member
the recipient country's agent.                                     _State in which the invitation to tender is issued
                                                                    during a period from the Wednesday of one week
The following shall be printed on the sacks :                       to the Tuesday of the following week being the
' FARINE DE FROMENT — DON DE LA COMMU­                              period immediately preceding the closing date for
NAUTÉ         ÉCONOMIQUE           EUROPÉENNE         AU            submission of tenders .
HAUT COMMISSARIAT DES NATIONS                     UNIES
POUR LES REFUGIÉS AU BENEFICE DES POPU­
 LATIONS DU SUD VIETNAM'                                                               Article 4
                                                               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 26 September 1975.                                          reflect normal market prices and costs, the interven­
                                                               tion agency may cancel the invitation to tender.
 2. The closing date for the submission of tenders
 shall be 26 September 1975 at 12 noon .
                                                                                       Article 5
 3.    The    notice of invitation   to tender shall be
 published in the Official Journal of the European              1 . The tenderer shall give security in an amount of
 Communities not less than nine days before the                 10 units of account per metric ton of goods.
 closing date for the submission of tenders .
                                                               It shall be released :
                          Article 3                            — in the case of all tenderers whose tenders are
                                                                    unsuccessful or are not accepted .
  1 . The prices offered must be expressed in the              — in the case of the successful tenderer, when the
 currency of the Member State in which the invitation               operations concerned have been carried out within
 to tender was issued .                                             the prescribed time limit and on submission of
                                                                    the original export licence duly granted and
 2.     For must in particular mention the Member                   endorsed by the competent authorities of the
 State in which the tenderer, in the event of his being             Member State mentioned in the tender pursuant
 declared successful, expects to complete the customs                to Article 3 (2),
 export formalities for the products concerned.
                                                               2. The security required under paragraph 1 may be
 3.     For the purpose of rendering the tenders compar­       provided in the form of a cash deposit or of a
 able, the prices shall , where appropriate, be corrected      guarantee issued by a credit institution conforming to
 by the monetary compensatory amount and the acces­            criteria laid down by each Member State.
 sion compensatory amount applicable on the closing
 date for submission of tenders to exports from the                                    Article 6
 Member State mentioned in the tender pursuant to
  paragraph 2 .                                                 1.     The common wheat flour referred to in Article 1
 Such correction shall be made by :                             to be supplied to the United Nations High Commis­
                                                               sion for Refugees must meet the following require­
 — increasing prices which mention a Member State               ments :
      whose currency has depreciated or a new Member
      State ,
                                                               — moisture : 14 % maximum ,
 — reducing prices which mention a Member State                — protein content : 0-5 % minimum (N x 6 25 on
      whose currency has been revalued .                             dry matter),
                                                               — ash content : 0-52 % 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--- 13 . 9 . 75                         Official Journal of the European Communities                           No L 241 / 29
2. Tenders for supply to the United Nations High                average of the spot rates referred to in the second
Commission for Refugees of the common wheat flour               subparagraph of Article 3 (3) to the tenderer in the
referred to in Article 1 must relate to a product with          currency of the Member State in which the operations
the following characteristics :                                 relating to the tendering are completed .
— moisture : 14% maximum,                                       4. The intervention agency shall request the
— protein content : 10-5 % minimum (N X 6-25 on                 successful tenderer to supply the following informa­
     dry matter),                                               tion :
— ash content : 0-52 % maximum referred to dry                  (a) after each shipment a certificate showing the quan­
     matter .
                                                                     tities dispatched and the quality of the products ;
                          Article 7
                                                                (b) the date of departure of the vessels.
                                                                The information indicated above shall be forwarded
1 . The Danish intervention agency shall be respon­
                                                                by the intervention agency to the Commission imme­
sible for organizing the invitation to tender provided
                                                                diately upon receipt.
for by this Regulation.
2.      It shall forthwith communicate to the Commis­           5 . When the intervention agency responsible for
sion the list of firms which have responded to the invi­        the operations relating to tendering is not the interven­
tation to tender, specifying the terms of each tender,          tion agency which appoints the successful tenderer, it
together with the name and business name of the                 shall send as soon as possible to the latter the informa­
successful tenderer.                                            tion necessary for releasing the security.
3 . Where the customs export formalities for the                                         Article 8
mobilized product are completed in a Member State
other than that in which the invitation to tender is            On delivery of the goods at the port of shipment a
issued, the intervention agency of the latter Member            handing-over certificate shall be supplied to the
State shall be responsible for the operations following         successful tenderer, acting as agent for the Commu­
tendering, including payment to the successful                  nity, by the agent of the recipient country or, in the
tenderer .                                                      absence of the latter, by the intervention agency of the
                                                                Member State in whose territory the port of shipment
In such case, the intervention agency choosing the               is situated .
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and
shall supply it with all the information which it may                                    Article 9
require .
                                                                This Regulation shall enter into force on the day of its
 Furthermore , the amount of the successful tender               publication in the Official Journal of the European
shall be paid after it has been converted using the              Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 12 September 1975.
                                                                            For the Commission
                                                                               P.J. LARDINOIS
                                                                        Member of the Commission