CELEX: 31975R2458
Language: en
Date: 1975-09-26 00:00:00
Title: Regulation (EEC) No 2458/75 of the Commission of 26 September 1975 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of Rwanda

27 . 9 . 75                              Official Journal of the European Communities                              No L 251 /21
                            REGULATION (EEC) No 2458 /75 OF THE COMMISSION
                                                      of 26 September 1975
               opening an invitation to tender for the mobilization of common wheat flour as
                                                aid for the Republic of Rwanda
THE COMMISSION OF THE EUROPEAN                                     Whereas the Belgian intervention agency should be
COMMUNITIES,                                                        made responsible for organizing the invitation to
                                                                    tender ;
 Having regard to the Treaty establishing the European
 Economic Community ;                                              Whereas it is important that the Commission be
                                                                    informed without delay of the tenders submitted in
 Having regard to Council Regulation No 120/                        response to the invitation and of those accepted by
67/ EEC (') of 13 June 1967 on the common organiza­                 the intervention agency ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 665/75 (2) ;                                       Whereas the Monetary Committee will be consulted ;
                                                                   whereas, in view of the urgency, the measures envis­
Having regard to Council Regulation (EEC) No                       aged should be adopted in accordance with the condi­
 1 693/72 (3) of 3 August 1972 establishing the criteria           tions laid down in Article 3 (2) of Council Regulation
for the mobilization of cereals to be used as food aid ,            No 129 (4) on the value of the unit of account and the
and in particular Article 6 thereof ;                              exchange rates to be applied for the purposes of the
                                                                   common agricultural policy, as last amended by Regu­
Whereas on 21 March 1974, the Council of the Euro­
                                                                    lation (EEC) No 2543/73 (5), and in particular Article
                                                                    3 thereof ;
pean Communities declared that by way of Commu­
nity action it proposed to grant to the Republic of                Whereas the measures provided for in this Regulation
Rwanda the equivalent of 3 000 metric tons of                      are in accordance with the Opinion of the Manage­
common wheat in the form of flour, i.e. 1 986 metric
                                                                    ment Committee for Cereals,
tons of common wheat flour, under its 1973/74 food­
aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­                HAS ADOPTED THIS REGULATION :
tion (EEC) No 1693/72 the goods may be purchased
anywhere on the Community market ;
                                                                                               Article 1
Whereas the proposed invitation to tender should be
for supply of the products delivered unloaded to                    1.     An invitation to tender shall be issued in respect
Ruhengeri and to Kigali ;                                           of the supply of 1 986 metric tons of common wheat
                                                                    flour to the Republic of Rwanda by way of Commu­
Whereas tenders may be submitted by tenderers esta­                 nity food-aid action .
blished in any Member State of the Community and
may relate to products mobilized anywhere within                    2. The tendering procedure shall take place in the
those Member States ; whereas, in view of the currency
                                                                    Kingdom of Belgium and shall be in respect of four
                                                                    lots .
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                 3 . The goods shall be mobilized on the Commu­
                                                                    nity market.
currency situation in the Member State in which the
customs export formalities will be completed ;                     4.      Shipment shall be from any Community port.
Whereas the award under the invitation               to tender
                                                                    5 . The invitation to tender provided for in para­
 must be made in favour of the tenderer offering the               graph 1 is for supply of products delivered unloaded
best terms ;                                                        to Ruhengeri and to Kigali in new cotton sacks of a
                                                                    net capacity of 50 kilogrammes .
Whereas provision should be made for security to be
given to guarantee fulfilment of obligations arising by             6.     The following shall be printed on the sacks :
virtue of participation in the invitation to tender for
the supply of goods to the Republic of Rwanda ;                      Farine de froment — Don de la Communauté écono­
                                                                    mique européenne '.
(') OJ No 117, 19 . 6 . 1967, p . 2269 / 67.
(-') OJ No L 72, 20 . 3 . 1975, p . 14 .                           (4 ) OJ No 106, 30 . 10 . 1962, p . 2553 / 62 .
(■' OJ No L 178 , 5 . 8 . 1972, p . 3 .                            (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 251 / 22                      Official Journal of the European Communities                              27 . 9 . 75
                        Article 2                                                        Article 5
1 . The decision on tenders received in response to           1 . The tenderer shall give security in an amount of
the invitation provided for in Article 1 shall be taken       10 units of account per metric ton of goods.
on 10 October 1975 .
                                                              It shall be released :
2.    The closing date for submission of tenders shall
be 10 October 1975 at 12 noon .                              — in the case of all tenderers whose tenders are
3.    The   notice of   invitation  to  tender  shall be
                                                                  unsuccessful or are not accepted,
published in the Official Journal of the European            — in the case of the successful tenderer, when the
Communities not less than nine days before the                    operations concerned have been carried out within
closing date for submission of tenders.                           the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
                        Article 3                                 endorsed by the competent authorities of the
                                                                  Member State mentioned in the tender pursuant
1 . The prices offered must be expressed in the                    to Article 3 (2),
currency of the Member State in which the invitation          — in the case of the successful tenderer for quantities
to tender was issued .
                                                                   not supplied by reason of force majeure.
2. Tenders must in particular mention the Member              2. The security required under paragraph 1 may be
State in which the tenderer, in the event of his being        provided in the form of a cash deposit or of a
declared successful, expects to complete the customs          guarantee issued by a credit institution conforming to
export formalities for the products concerned.                criteria laid down by each Member State .
3.    For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected                                   Article 6
by the monetary compensatory amount and the acces­
sion compensatory amount applicable on the closing            1 . The goods referred to in Article 1 which are to
date for submission of tenders to exports from the            be supplied to the Republic of Rwanda must meet the
Member State mentioned in the tender pursuant to              following requirements :
paragraph 2.
                                                              common wheat flour :
Such correction shall be made by :
                                                              — moisture content : 15% maximum ,
— increasing prices which mention a Member State
    whose currency has depreciated or a new Member            — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
    State ,                                                        lated on the dry matter),
— reducing prices which mention a Member State                — ash content : 0-52 % maximum on the dry matter.
    whose currency has been revalued.
                                                              If the goods referred to in Article 1 do not meet the
The monetary compensatory amount shall, where                 foregoing requirements they shall be rejected and the
appropriate, be converted into the currency of the            successful tenderer shall be owner thereof.
Member State in which the invitation to tender is
issued using :                                                2. Tenders for supply to the Republic of Rwanda of
— in the case when the currencies concerned are               the goods referred to in Article 1 must relate to
                                                              products with the following characteristics :
    kept at any given moment within a band of
    2-25 % , a conversion rate resulting from their           co m m o n whea t flo u r :
    central rate,
                                                              — moisture content : 15% maximum ,
— in the other cases, the average of the spot rates of
    the currencies concerned recorded in the Member           — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
    State in which the invitation to tender is issued              lated on the dry matter),
    during a period from the Wednesday of one week            — ash content : 0-52 % maximum on the dry matter.
    to the Tuesday of the following week being the
    period immediately preceding the closing date for
    submission of tenders .                                                               Article 7
                        Article 4
                                                               1 . The Belgian intervention agency shall be respon­
                                                              sible for operations relating to the invitation to tender
The contract shall be awarded to the tenderer offering        provided for by this Regulation .
the best terms taking into consideration the adjust­          2.     It shall forthwith communicate to the Commis­
ment referred to in Article 3 (3).
                                                              sion the list of firms which have responded to the invi­
However, if the tenders submitted do not appear to            tation to tender, specifying the terms of each tender,
reflect normal market prices and costs, the interven­         together with the name and business name of the
tion agency may cancel the invitation to tender.              successful tenderer.
 ---pagebreak--- 27 . 9 . 75                       Official Journal of the European Communities                         No L 251 / 23
3 . Where the customs export formalities for the            (a) after each shipment a certificate showing the quan­
mobilized product are completed in a Member State               tities dispatched and the quality of the products ;
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member        (b) the date of departure of the vessels ;
State shall be responsible for the operations following     (c) all possible contingencies which might occur
tendering, including payment to the successful                  during transportation of the products .
tenderer.
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
                                                            received .
vention agency of the Member State concerned and
shall supply it with all the information which it may
                                                            5 . When the intervention agency responsible for
require .
                                                            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 .
4. The intervention agency shall request the                This Regulation shall enter into force on the day of its
successful tenderer to supply the following informa­        publication in the Official Journal of the European
tion :                                                      Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 26 September 1975 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                  Member of the Commission