CELEX: 31975R2922
Language: en
Date: 1975-11-07 00:00:00
Title: Regulation (EEC) No 2922/75 of the Commission of 7 November 1975 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)

8 . 11 . 75                             Official Journal of the European Communities                          No L 290/ 11
                            REGULATION (EEC) No 2922/75 OF THE COMMISSION
                                                     of 7 November 1975
              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
                                                                   fulfilled ;
Economic Community ;
                                                                   Whereas the intervention agency of France should be
Having regard to Council Regulation (EEC) No
                                                                   made responsible for the tendering procedure in ques­
2727/75 (*) of 29 October 1975 on the common organ­                tion ;
ization of the market in cereals,
                                                                   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 (2) 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, and
in particular Article 6 thereof ;
                                                                   Whereas the Monetary Committee will be consulted ;
Whereas on 3 March 1975 the Council of the Euro­
                                                                   whereas, in view of the urgency, the measures envis­
                                                                   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
of Community action, to grant the equivalent of 6 377              No 129 (3) on the value of the unit of account and the
metric tons of common wheat (in other words 4 591                  exchange rates to be applied for the purposes of the
metric tons of common wheat flour) to UNRWA                        common agricultural policy, as last amended by Regu­
under its 1974/75 food-aid programme ;                             lation (EEC) No 2543/73 (4), 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 cif, that is to say, actually
placed on the quay 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
                                                                                             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
should be taken of the effect on each tender of the                UNRWA, by way of Community action, of 4 591
currency situation in the Member State in which the                metric tons of common wheat flour.
customs export formalities will be completed ;
                                                                   2. The tendering procedure shall take place in
Whereas, the award under the invitation to tender                  France in two lots . The product shall be. loaded for
must be made to the tenderer offering the best terms ;             departure from a 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 cif, that is
limits specified, it must be made clear who is to bear             to say, actually placed on the quay in one of the ports
the liability for any resulting costs ;                            of unloading listed in the Annex.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                            (3) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(2) OJ No L 281 , 1 . 11 . 1975, p. 89 .                           (4) OJ No L 263, 19 . 9 . 1973, p..l .
 ---pagebreak--- No L 290/ 12                       Official Journal of the European Communities                              8 . 11 . 75
4. The successful tenderer shall deliver the product          However, if the tenders submitted do not' appear to
specified in paragraph 1 cif in new cotton sacks,             reflect normal market prices and costs, the interven­
having a net capacity of 50 . kg.                            tion agency may cancel the invitation to tender.
The following shall be printed on the sacks ;
'Wheat flour — gift of the European Economic                                           Article 5
Community.'
                                                              1 . The tenderer shall give security in an amount of
                        Article 2                             10 units of account per metric ton of goods
 1 . The decision on tenders received in response to          It shall be released :
the invitation provided for in Article 1 shall be taken
on 21 November 1975.                                         — in the case of all tenderers whose tenders are
2.     The closing date for submission of tenders shall           unsuccessful or are not accepted,
be 21 November 1975 at 12 noon .                             — in the case of the successful tenderer, when the
3.     The   notice of  invitation  to  tender  shall be          operations concerned have been carried out within
published in the Official Journal of the European                  the prescribed time limit and on submission of
 Communities not less than nine days before the                    the original export licence, duly granted and
closing date for submission of tenders.                            endorsed by the competent authorities of the
                                                                   Member State, mentioned in the tender pursuant
                        Article 3                                  to Article 3 (2),
 1 . The prices offered must be expressed in the              — in the case of the successful tenderer for quantities
currency of the Member State in which the invitation               not supplied by reason of force majeure.
to tender was issued.
                                                              2. The security required under paragraph 1 may be
2. Tenders must in particular mention the Member              provided in the form of a cash deposit or of a
State in which the tenderer, in the event of his being        guarantee issued by a credit institution conforming to
declared successful, expects to complete the customs          criteria laid down by each Member State.
export formalities for the products concerned.
 3. For the purpose of rendering the tenders compar­                                   Article 6
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount and the acces­            1.     The common wheat flour referred to in Article 1
sion compensatory amount applicable on the closing            to be supplied to UNRWA must meet the following
date for submission of tenders to exports from the            requirements :
Member State mentioned in the tender pursuant to
 paragraph 2.                                                 — moisture : 1 4 % maximum ;
 Such correction shall be made by :                           — protein content : 10-5 % minimum (N x 6-25 on
— increasing prices which mention a Member State                   dry matter) ;
     whose currency has depreciated or a new Member           — ash content : 0-55 % referred to dry matter.
     State,
— reducing prices which mention a Member State                Flour not meeting these requirements shall be
                                                              refused .
     whose currency has been revalued.
The monetary compensatory amount shall, where                 2.     Tenders for supply to UNRWA of the common
 appropriate, be converted into the currency of the           wheat flour referred to in Article 1 must relate to a
 Member State in which the invitation to tender is            product with the following characteristics :
 issued using :
                                                              — moisture : 14 % maximum ;
— in the case when the currencies concerned are
     kept at any given moment within a band of                — protein content : 10-5 % minimum (N x 6-25 on
     2-25 % , a conversion rate resulting from their               dry matter) ;
     central rate,                                            — ash content : 0-55 % referred to dry matter.
— in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member
                                                                                       Article 7
     State in which the invitation to tender is issued
     during a period from the Wednesday of one week            1 . The French intervention agency shall be respon­
     to the Tuesday of the following week being the           sible for operations relating to the invitation to tender
     period immediately preceding the closing date for        provided for by this Regulation .
     submission of tenders .
                                                              2.     It shall forthwith communicate to the Commis­
                        Article 4
                                                              sion the list of firms which have responded to the invi­
The contract shall be awarded to the tenderer offering        tation to tender, specifying the terms of each tender,
 the best terms, taking into consideration the adjust­        together with the name and business name of the
 ment referred to in Article 3 (3).                           successful tenderer.
 ---pagebreak--- 8 . 11 . 75                       Official Journal of the European Communities                                No L 290 / 13
3. Where the customs export formalities for the              (a) after each shipment, a statement giving details of
mobilized product are completed in a Member State                the quantities loaded, the quality of the products
other than that in which the invitation to tender is             and their packaging ;
issued, the intervention agency of the latter Member         (b) the date of the departure of the ships, the expected
State shall be responsible for the operations following          date of arrival of the products at their destination ;
tendering, including payment to the successful               (c) all possible contingencies which might occur
tenderer.
                                                                 during transportation of the products.
In such case, the intervention agency choosing the           The intervention agency shall transmit the informa­
successful tenderer shall immediately inform the inter­      tion provided for to the Commission as soon as it is
vention agency of the Member State concerned and             received.
shall supply it with all the information which it may
require.                                                     5. When the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
Furthermore, the amount of the successful tender             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                       Article 8
relating to the tendering are completed.
                                                             This Regulation shall enter into force on the day of its
4. The intervention agency shall ask that the                publication in the Official Journal of the European
tenderer specifies the following information :                Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 7 November 1975 .
                                                                       For the Commission
                                                                          P.J. LARDINOIS
                                                                   Member of the Commission
                                                        ANNEX
                Number                                                                               Metric
                                      Port of unloading          Minimum rate of unloading
                 of lot                                                                           tonnage cif
                   1       Agaba                                                                    1 091
                                                                   Customs of the port
                   2       Ashdod                                                                   3 500