CELEX: 31976R3000
Language: en
Date: 1976-12-10 00:00:00
Title: Commission Regulation (EEC) No 3000/76 of 10 December 1976 opening an invitation to tender for the mobilization of common wheat flour as aid for the Arab Republic of Syria

11 . 12. 76                             Official Journal of the European Communities                           No L 342/ 11
                                  COMMISSION REGULATION (EEC) No 3000/76
                                                     of 10 December 1976
              opening an invitation to tender for the mobilization of common wheat flour as
                                             aid for the Arab Republic of Syria
THE COMMISSION OF THE EUROPEAN                                     tions arising by virtue of participation in the invita­
COMMUNITIES,                                                       tion to tender for supplies to the Arab Republic of
                                                                   Syria will be fulfilled ;
Having regard to the Treaty establishing the European
Economic Community,                                                Whereas the Italian intervention agency should be
                                                                   made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                 Whereas the Commission must be informed quickly
tion of the market in cereals (*), as amended by Regula­           of the tenders submitted in response to the invitation
tion (EEC) No 1 143/76 (2),                                        and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                       Whereas the Monetary Committee will be consulted ;
2750/75 of 29 October 1975 laying down the condi­                  whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid (3), and         aged should be adopted in accordance with the condi­
in particular Article 6 thereof,                                   tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 on the value of the unit of account and the
Whereas on 25 March 1976 the Council of the Euro­                  exchange rates to be applied for the purposes of the
pean Communities declared that it proposed, by way                 common agricultural policy (4), as last amended by
of Community action, to grant the equivalent of 2 500              Regulation (EEC) No 2543/73 (5), and in particular
metric tons of common wheat (in other words, 1 656                 Article 3 thereof ;
metric tons of common wheat flour) to the Arab Repu­
blic of Syria under its 1975/76 food-aid programme ;               Whereas the measures provided for in this Regulation
                                                                   are in accordance with the opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­               ment Committee for Cereals,
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­                                      Article 1
nated by the recipient or its agent ;
                                                                    1 . An invitation to tender shall be issued in respect
Whereas tenders may be submitted by tenderers esta­                of the supply of 1 656 metric tons of common wheat
blished in any Member State of the Community and                   flour to the Arab Republic of Syria by way of Commu­
may relate to products mobilized anywhere within                   nity food-aid action .
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure              2. The tendering procedure shall take place in Italy
that the tenders are as comparable as possible, account            in one lot. The product shall be mobilized on the
should be taken of the effect on each tender of the                Community market. The product shall be loaded for
currency situation in the Member State in which the                departure from any Community port.
customs export formalities will be completed ;
                                                                   3 . The product referred to in paragraph 1 is to be
Whereas the contract should be awarded to the                      delivered in new cotton sacks of a net capacity of 50
tenderer offering the best terms ;                                  kilogrammes to the port of shipment in the vicinity of
                                                                   the vessel . The goods must be set down at the place
Whereas in case it should be impossible for reasons of              nominated by the recipient country or its agent, the
force majeure to complete the operation in question                 timing of delivery being settled by the tenderer and
within the set time limits, it must be made clear who               the recipient country's agent.
is to bear any costs resulting therefrom ;
                                                                    4.    The following shall be printed on the sacks :
Whereas provision should be made for security to be
given for the purpose of guaranteeing that the obliga­              'Wheat flour / Gift of the European Economic
                                                                    Community to Syria.'
 (•) OJ No L 281 , 1 . 11 . 1975, p. 1 .
 (2) OJ No L 130 , 19 . 5. 1976, p . 1 .                            (<) OJ No 106, 30 . 10 . 1962, p. 2553/62.
 (>) OJ No L 281 , 1 . 11 . 1975, p . 89 .                          (5) OJ No L 263 , 19 . 9. 1973, p. 1 .
 ---pagebreak---  No L 342/ 12                     Official Journal of the European Communities                              11 . 12 . 76
                        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 for in Article 1 shall be taken
 on 29 December 1976.
                                                                                      Article 5
 2.    The closing date for submission of tenders shall
 be 29 December 1976 at 12 noon .                            If the tenderer is unable to deliver the goods in
                                                             compliance with Article 1 (3) on the date given in the
 3.    The   notice of invitation  to tender shall be        notice of invitation to tender as a result of the late
 published in the Official Journal of the European           availability of the vessels to be used for sea transporta­
 Communities not less than nine days before the              tion, the resulting costs shall be borne by the interven­
 closing date for submission of tenders.                     tion agency.
                                                                                      Article 6
                        Article 3
                                                             1 . The tenderer shall give security of a value of 10
 1 . The prices offered must be expressed in the             units of account per metric ton of goods.
currency of the Member State in which the invitation
to tender was issued.                                        It shall be released :
2. Tenders must in particular mention the Member            — in the case of all tenderers whose tenders are
State in which the tenderer, in the event of his being           unsuccessful or are hot accepted,
declared successful, expects to complete the customs        — in the case of the successful tenderer, when the
export formalities for the products concerned.                   operations concerned have been carried out within
                                                                 the prescribed time limit and on submission of
3. For the purpose of rendering the tenders compar­              the original export licence duly granted and
able, the prices shall, where appropriate, be corrected          endorsed by the competent authorities of the
by the monetary compensatory amount and the acces­               Member State mentioned in the tender pursuant
sion compensatory amount applicable on the closing               to Article 3 (2),
date for submission of tenders to exports from the
                                                            — in the case of the successful tenderer for quantities
Member State mentioned in the tender pursuant to
                                                                 not supplied by reason of force majeure.
paragraph 2.
                                                            2. The security required under paragraph 1 may be
Such correction shall be made by :                          provided in the form of a cash deposit or of a
— increasing prices which mention a Member State            guarantee issued by a credit institution conforming to
    whose currency has depreciated or a new Member          criteria laid down by each Member State.
     State,
— reducing prices which mention a Member State                                        Article 7
    whose currency has been revalued.
                                                             1.    The common wheat flour referred to in Article 1
The monetary compensatory amount shall, where               to be supplied to the Arab Republic of Syria must
appropriate, be converted into the currency of the          meet the following requirements :
Member State in which the invitation to tender is
                                                            — moisture : 14 % maximum,
issued using :
                                                            — protein content : 10-5% minimum (N x 6-25 on
— in the case when the currencies concerned are                  dry matter),
    kept at any given moment within a band of               — ash content : 0-52 % maximum referred to dry
     2-25 % a conversion rate resulting from their               matter.
    central rate,
— in the other cases, the average of the spot rates of      If the goods referred to in Article 1 do not meet the
    the currencies concerned recorded in the Member         foregoing requirements they shall be rejected and the
    State in which the invitation to tender is issued       successful tenderer shall be owner thereof.
    during a period from the Wednesday of one week          2.     Tenders for supply to the Arab Republic of Syria
    to the Tuesday of the following week being the          of the common wheat flour referred to in Article 1
    period immediately preceding the closing date for       must relate to a product with the following characteris­
    submission of tenders .
                                                            tics :
                                                            — moisture : 14 % maximum,
                        Article 4
                                                            — protein content : 10-5% minimum (N x 6-25 on
The contract shall be awarded to the tenderer offering           dry matter),
the best terms, taking into consideration the adjust­       — ash content : 0-52 % maximum referred to dry
ment referred to in Article 3 (3).                               matter .
 ---pagebreak--- 11 . 12. 76                        Official Journal of the European Communities                          No L 342/ 13
                        Article 8                             4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
1 . The Italian intervention agency shall be respon­          tion :
sible for the operations relating to the invitation to
tender provided for by this Regulation .                      (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
2.    It shall forthwith communicate to the Commis­
                                                              (b) the date of departure of the vessels.
sion the list of firms which have responded to the invi­      The information indicated above shall be forwarded
tation to tender, specifying the terms of each tender,
together with the name and business name of the               by the intervention agency to the Commission imme­
successful tenderer.                                          diately upon receipt.
                                                              5. When the intervention agency responsible for
3 . Where the customs export formalities for the              the operations relating to tendering is not the interven­
mobilized product are completed in a Member State             tion agency which appoints the successful tenderer, it
other than that in which the invitation to tender is
                                                              shall send as soon as possible to the latter the informa­
issued, the intervention agency of the latter Member          tion necessary for releasing the security.
State shall be responsible for the operations following
tendering, including payment to the successful                                        Article 9
tenderer.
                                                              On delivery of the goods at the port of shipment, a
In this case, the intervention agency choosing the            handing-over certificate shall be supplied to the
successful tenderer shall immediately inform the inter­       successful tenderer, acting as agent for the Commu­
vention agency of the Member State concerned and              nity, by the agent of the recipient country, or, in the
shall supply it with all the information which it may         absence of the latter, by the intervention agency of the
require.                                                      Member State in whose territory the port of shipment
                                                              is situated .
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                   Article 10
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the          This Regulation shall enter into force on the day of its
currency of the Member State in which the operations          publication in the Official Journal of the European
relating to the tendering are completed.                       Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 10 December 1976 .
                                                                         For the Commission
                                                                            P.J. LARDINOIS
                                                                     Member of the Commission