CELEX: 31977R1319
Language: en
Date: 1977-06-20 00:00:00
Title: Commission Regulation (EEC) No 1319/77 of 20 June 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services

21 . 6. 77                              Official Journal of the European Communities                         No L 152/ 15
                                    COMMISSION REGULATION (EEC) No 1319/77
                                                         of 20 June 1977
               opening an invitation to tender for the mobilization of common wheat flour as
                                           food aid for the Catholic Relief Services
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 the Catholic Relief
 Economic Community,                                               Services will be fulfilled ;
 Having regard to Council Regulation (EEC) No                      Whereas the Belgian 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 3138/76 (2),                                        Wheres the Commission must be informed quickly of
                                                                   the tenders submitted in response to the invitation
 Having regard to Council Regulation (EEC) No                      and of those accepted by the intervention agency ;
 2750/75 of 29 October 1975 laying down the condi­
 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
                                                                   aged should be adopted in accordance with the condi­
Whereas on 8 February 1977 the Council of the Euro­                tions laid down in Article 3 (2) of Council Regulation
 pean Communities declared that it proposed, by way                 No 129 on the value of the unit of account and the
of Community action, to grant the equivalent of 7 502              exchange rates to be applied for the purposes of the
 tonnes of common wheat (in other words 4 968                      common agricultural policy (4), as last amended by
 tonnes of common wheat flour) to the Catholic Relief              Regulation (EEC) No 2543/73 (5), and in particular
Services under its 1976/77 food-aid programme ;                    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 to the dock or in the
 lighter where applicable 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
those Member States ; whereas, in view of the currency                                         Article 1
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
                                                                   Catholic Relief Services by way of Community action,
currency situation in the Member State in which the                of 4 968 tonnes of common wheat flour.
customs export formalities will be completed ;
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                Belgium in three lots. The product shall be mobilized
best terms ;                                                       on the Community market. The products shall be
                                                                   loaded for departure from any Community port.
Whereas, should force majeure make it possible to
complete the operation in question within the time                 3 . The invitation to tender provided for in para­
limits specified, it must be made clear who is to bear             graph 1 is for supply of products to the dock, or in
the liability for any resulting costs ;                            the lighter where applicable in one of the ports of
                                                                   unloading listed in the Annex hereto.
(!) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 354, 24. 12 . 1976, p . 1 .                            (4) Of No 106, 30 . 10 . 1962, p. 2553/62.
(} ) OJ No L 281 , 1 . 11 . 1975, p . 89 .                         (5 ) Of No L 263 , 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 152/ 16                      Official Journal of the European Communities                           21 . 6. 77
4.    The    successful  tenderer   shall  deliver  the          2-25 % , a conversion rate resulting from their
products in new cotton sacks of a net capacity of 50             central rate,
kilograms.                                                  — in the other cases, the average of the spot rates of
                                                                 the currencies concerned recorded in the Member
The minimum weight of the sacks shall be 1 80 grams.             State in which the invitation to tender is issued
The following shall be printed on the sacks :                    during a period from the Wednesday of one week
                                                                 to the Tuesday of the following week being the
'Harina de trigo — Donacion de la Comunidad econo­               period immediately preceding the closing date for
mica europea para Cathwel Chile — Destinada a la                 submission of tenders.
distribución gratuita.'
To allow for the possibility of re-bagging, the                                     Article 4
successful tenderer shall supply of 2 % of new empty
sacks, of the same quality as those containing the          The contract shall be awarded to the tenderer offering
goods but with the printing followed by a capital           the best terms, taking into consideration the adjust­
letter 'R'.                                                 ment referred to in Article 3 (3).
                        Article 2                           However if the tenders submitted do not appear to
                                                            reflect normal market prices and costs, the interven­
1 . The decision on tenders received in response to         tion agency may cancel the invitation to tender.
the invitation provided in Article 1 shall be taken on
1 July 1977.                                                                        Article 5
2. The closing date for the submission of tenders
shall be 1 July 1977 at 12 noon.                             1 . The tenderer shall give security in an amount of
                                                             10 units of account per tonne of goods.
3.    The   notice of invitation   to tender shall be
published in the Official Journal of the European           It shall be released :
Communities not less that nine days before the              — in the case of all tenderers whose tenders are
closing date for the submission on tenders.                      unsuccessful or are not accepted,
                                                            — in the case of the successful tenderer, when the
                        Article 3
                                                                 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      — in the case of the successful tenderer for quantities
declared successful, expects to complete the customs             not supplied by reason of force majeure.
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
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 :                          must meet the following requirements :
— increasing prices which mention a Member State            — moisture : 12% maximum,
    whose currency has depreciated or a new Member
    State,                                                  — protein content : 10-5 % minimum (N x 6-25 on
                                                                 dry matter),
— reducing prices which mention a Member State
    whose currency has been revalued.                       — ash content : 0-52 % maximum 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 of the common wheat flour
— in the case when the currencies concerned are             referred to in Article 1 must relate to a product with
    kept at any given moment within a band of               the following characteristics :
 ---pagebreak--- 21 . 6. 77                           Official Journal of the European Communities                               No L 152/ 17
— moisture : 12 % maximum,                                     Furthermore, the amount of the successful tender
— protein content : 10-5 % 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.
                         Article 7                             4. The intervention agency shall ask that the
                                                               tenderer specifies the following information :
1 . The Belgian intervention agency shall be respon­
sible for the operations relating to the invitation to         (a) after shipment, a statement giving details of the
tender provided for by this Regulation.                            quantities loaded, the quality of the products and
                                                                   their packaging ;
2.     It shall forthwith communicate to the Commis­           (b) the date of the departure of the ships, the expected
sion the list of firms which have responded to the invi­           date of arrival of the products at their destination ;
tation to tender, specifying the terms of each tender,         (c) all possible contingencies which might occur
together with the name and business name of the                    during transportation of the products.
successful tenderer.
                                                               The intervention agency shall transmit the informa­
3. Where the customs export formalities for the                tion provided for to the Commission as soon as it is
mobilized product are completed in a Member State              received.
other than that in which the invitation to tender is
                                                               5. When the intervention agency responsible for
issued, the intervention agency of the latter Member           the operations relating to tendering is not the interven­
State shall be responsible for the operations following        tion agency which appoints the successful tenderer, it
tendering, including payment to the successful                 shall send as soon as possible to the latter the informa­
tenderer.
                                                               tion necessary for releasing the security.
In such case, the intervention agency choosing the                                           Article 8
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and               This Regulation shall enter into force on the day of its
shall supply it with all the information which it may          publication in the Official Journal of the European
require.                                                       Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 20 June 1977
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                              Vice-President
                                                           ANNEX
                 Number
                                         Port of unloading         Minimum rate of unloading        Tonnage cif
                  of lot
                    1       Valparaiso                                                                2 480
                    2       Coquimbo                              Customs of the port                   368
                    3       Talcahuano                                                                2 120