CELEX: 31977R2097
Language: en
Date: 1977-09-23 00:00:00
Title: Commission Regulation (EEC) No 2097/77 of 23 September 1977 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Sao Tome and Principe

24. 9. 77                              Official Journal of the European Communities                        No L 245/ 17
                                   COMMISSION REGULATION (EEC) No 2097/77
                                                    of 23 September 1977
              opening a new invitation to tender for the mobilization of common wheat flour
                      as food aid for the Dertiocratic Republic of Sao Tome and Principe
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
 Having regard to the Treaty establishing the European             the liability for any resulting costs ;
 Economic Community,
 Having regard to Council Regulation (EEC) No                     Whereas provision should be made for security to be
2727/75 of 29 October 1975 on the common organiza­                given for the purpose of guaranteeing that the obliga­
tion of the market in cereals (!), as last amended by              tions arising by virtue of participation in the invita­
Regulation (EEC) No 1 386/77 (2),                                  tion to tender will be fulfilled ;
 Having regard to Council Regulation (EEC) No                     Whereas the Italian intervention agency should be
2750/75 of 29 October 1975 laying down the condi­                  made responsible for the tendering procedure ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                  Whereas the Commission must be informed quickly
Whereas on 8 February 1977 the Council of the Euro­                of the tenders submitted in response to the invitation
pean Communities declared that it proposed, by way                 and of those accepted by the intervention agency ;
of Community action, to grant the equivalent of 602
tonnes of common wheat (in other words 400 tonnes                 Whereas the Monetary Committee will be consulted ;
of common wheat flour) to the Democratic Republic                 whereas, in view of the urgency, the measures envis­
of Sao Tome and Principe under its 1976/77 food-aid                aged should be adopted in accordance with the condi­
programme ;                                                        tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 on the value of the unit of account and the
Whereas pursuant to Article 3 (3) of Council Regula­              exchange rates to be applied for the purpose of the
tion (EEC) No 2750/75 the goods may be purchased                  common agricultural policy (5), as last amended by
anywhere on the Community market ;                                 Regulation (EEC) No 2543/73 (6), and in particular
                                                                  Article 3 thereof ;
Whereas the successful tenderer appointed under
Commission Regulation (EEC) No 1370/77 of 24
June 1977 opening an.* invitation to tender for the               Whereas the measures provided for in this Regulation
mobilization of common wheat flour as food aid for                are in accordance with the opinion of the Manage­
                                                                  ment Committee for Cereals,
the Democratic Republic of Sao Tome and Prin­
cipe ^), has not been able to carry out the execution
of this aid ; whereas it is necessary to open a new
tender ;                                                           HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products to the dock or in the
                                                                                           Article 1
lighter where applicable at the port of unloading ;
Whereas tenders may be submitted by tenderers esta­                1 . Tenders are hereby invited for the supply to the
blished in any Member State of the Community and                   Democratic Republic of Sao Tome and Principe by
may relate to products mobilized anywhere within                  way of Community action, of 400 tonnes of common
those Member States ; whereas, in view of the currency            wheat flour.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account           2. The tendering procedure shall take place in Italy
should be taken of the effect on each tender of the               in one lot. The product shall be mobilized on the
currency situation in the Member State in which the               Community market. The products shall be loaded for
customs export formalities will be completed ;                    departure ..from a Community port.
Whereas the award under the invitation to tender
must be made in favour of the tenderer offering the               3. The invitation to tender provided for in para­
best terms :                                                      graph 1 is for supply of products to the dock, or in
                                                                  the lighter where applicable, at the port of unloading
0)  OJ No  L 281 , 1 . 11 . 1975, p. 1.                           (Sao Tome).
(2) OJ No  L 158,  29 . 6.  1977, p. 1.
(3) OJ No  L 281 , 1 . 11 . 1975, p. 89.                          (5) OJ No 106, 30. 10. 1962, p. 2553/62.
H   OJ No  L 156,  25. 6.   1977, p. 27.                          (* OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 245/ 18                      Official Journal of the European Communities                           24. 9 . 77
4.    The    successful  tenderer  shall   deliver  the     — in the case when the currencies concerned are
products in new cotton sacks of a net capacity of 50             kept at any given moment within a band of
kilograms.                                                       2-25 % , a conversion rate resulting from their
                                                                 central rate,
Minimum weight of the sacks shall be 180 grams.             — in the other cases, the average of the spot rates of
                                                                 the currencies concerned recorded in the Member
The following shall be printed on the sacks :                    State in which the invitation to tender is issued
'Farinha — Dom da Comunidade economica europeia                  during a period from the Wednesday of one week
a Republica democratica de Sâo Tomé e Principe.'                 to the Tuesday of the following week being the
                                                                 period immediately preceding the closing date for
                                                                 submission of tenders.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty
sacks of the same quality as those containing the                                   Article 4
goods but with the printing followed by a capital
letter 'R\
                                                            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).
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 market prices and costs, the interven­
on 7 October 1977.                                           tion agency may cancel the invitation to tender.
2.    The closing date for the submission of tenders                                Article 5
shall be 7 October 1977 at 12 noon .
3.    The notice of invitation to tender shall be
                                                             1 . The tenderer shall give security in an amount of
                                                             10 units of account per tonne 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 the submission of tenders.
                                                            — in the case of all tenderers whose tenders are
                                                                 unsuccessful or are not accepted,
                        Article 3
                                                            — 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
curency 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 thi 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        — 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 Sao Tome and Principe must meet
— increasing prices which mention a Member State             the following requirements :
    whose currency has depreciated or a new Member
    State,                                                  — moisture : 1 2 % maximum,
— reducing prices which mention a Member State              — protein content : 10-5 % 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--- 24. 9 . 77                         Official Journal of the European Communities                         No L 245/ 19
2.    Tenders for supply to Sao Tome and Principe of         Furthermore, the amount of the successful tender
the common wheat flour referred to in Article 1 must         shall be paid after it has been converted using the
relate to a product with the following characteristics :     average of the spot rates referred to in the second
— moisture : 12 % maximum,                                   subparagraph of Article 3 (3) to the tenderer in the
                                                             currency of the Member State in which the operations
— protein content : 10-5 % minimum (N x 6-25 on              relating to the tendering are completed.
    dry matter),
— ash content : 0-52 % maximum referred to dry               4. The intervention agency shall ask that the
    matter.                                                  tenderer specifies the following information :
                                                             (a) after each shipment, a statement giving details of
                        Article 7
                                                                 the quantities loaded, the quality of the products
1 . The Italian intervention agency shall be respon­             and their packaging ;
sible for the operations relating to the invitation to       (b) the date of the departure of the ships and the
tender provided for by this Regulation.                          expected date of arrival of the products at their
                                                                 destination ;
2.    It shall forthwith communicate to the Commis­
sion the list of firms which have responded to the invi­     (c) all possible contingencies which might occur
tation to tejider, specifying the terms of each tender,          during transportation of the products.
together with the name and business name of the              The intervention agency shall transmit the informa­
successful tenderer.
                                                             tion provided for to the Commission as soon as it is
                                                             received, t
3. Where the customs export formalities for the
mobilized product are completed in a Member State            5. When the intervention agency responsible for
other than that in which the invitation to tender is
                                                             the operations relating to tendering is not the interven­
issued, the intervention agency of the latter Member         tion agency which appoints the successful tenderer, it
State shall be responsible for the operations following      shall send as soon as possible to the latter the informa­
tendering, including payment to the successful               tion necessary for releasing the security.
tenderer.
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, 23 September 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President