CELEX: 31975R1517
Language: en
Date: 1975-06-13 00:00:00
Title: Regulation (EEC) No 1517/75 of the Commission of 13 June 1975 opening a new invitation to tender for the mobilization of common wheat flour as food aid for Guinea Bissau

14. 6 . 75                                Official Journal of the European Communities                            No L 154/ 61
                               REGULATION ( EEC) No 1517/75 OF THE COMMISSION
                                                          of 13 June 1975
               opening a new invitation to tender for the mobilization of common wheat flour
                                                  as food aid for Guinea Bissau
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 ;
                                                                     Whereas provision should be made for security to be
Having regard to Council Regulation No 120/                          given for the purpose of guaranteeing that the obliga­
67/EEC ( ! ) of 13 June 1967 on the common organiza­                 tions arising by virtue of participation in the invita­
tion of the market in cereals, as last amended by Regu­              tion to tender for supplies to Guinea Bissau will be
lation (EEC) No 665/75 (2) ;                                         fulfilled ;
Having regard to Council Regulation (EEC) No
1693/72 (3) of 3 August 1972 laying down the condi­                  Whereas the Italian intervention agency should be
tions for the mobilization of cereals as food aid, and               made responsible for the tendering procedure ;
in particular Article 6 thereof ;
                                                                     Whereas the Commission must be informed quickly
Whereas on 26 March 1975 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 500
metric tons of common wheat (in other words 331                      Whereas the Monetary Committee will be consulted ;
metric tons of common wheat flour) to Guinea Bissau                  whereas, in view of the urgency, the measures envis­
under its 1974/75 food-aid programme ;                               aged should be adopted in accordance with the condi­
                                                                     tions laid down in Article 3 (2) of Council Regulation
Whereas the invitation to tender opened in the                       No 129 (5) on the value of the unit of account and the
Community under Commission Regulation (EEC) No                       exchange rates to be applied for the purposes of the
11 68 /75 (4) of 5 May 1975 opening an invitation to                 common agricultural policy, as last amended by Regu­
tender for the mobilization of common wheat flour as                 lation (EEC) No 2543/73 (6), and in particular Article
aid for Guinea Bissau was not allocated ; whereas a                  3 thereof ;
new invitation to tender should therefore be opened ;
                                                                     Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­                 are in accordance with the Opinion of the Manage­
tion (EEC) No 1693/72 the goods may be purchased                     ment Committee for Cereals,
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
for supply of the products delivered cif, that is at the             HAS ADOPTED THIS REGULATION :
moment when the goods are actually removed from
the ship's hold at the port of unloading ;
                                                                                                Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                      1 . Tenders are hereby invited for the supply to
may relate to products mobilized anywhere within                     Guinea Bissau, by way of Community action, of 331
those Member States ; whereas, in view of the currency               metric tons of common 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                  market. The products shall be loaded for departure
customs export formalities will be completed ;                       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 delivered cif, that is
                                                                     at the moment when the goods are actually removed
(•) OJ  No   117, 19 . 6 . 1967, p . 2269/67.                        from the ship's hold at the port of unloading.
0   OJ  No   L 72, 20 . 3 . 1975, p. 14.
(3) OJ  No   L 178 , 5 . 8 . 1972, p. 3 .                            (5) OJ No 106, 30 . 10 . 1962, p . 2553 /62.
(4) OJ  No   L 116, 6. 5 . 1975, p. 18 .                             (6) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 154/62                        Official Journal of the European Communities                            14 . 6 . 75
The recipient country shall bear all costs subsequent        The monetary compensatory amount shall, where
to delivery of the goods, including unloading costs          appropriate, be converted into the currency of the
(such as unstowing, hoisting and reception) and any          Member State in which the invitation to tender is
lighterage costs.                                             issued using :
                                                             — in the case when the currencies concerned are
Any demurrage costs or dispatch money at the port of
unloading shall be a charge on or for the benefit of              kept at any given moment within a band of
the recipient country. The rates and detailed arrange­            2-25 % , a conversion rate resulting from their
ments relating thereto laid down in the contract                  central rate,
between the authorized agent of the Community and            — in the other cases, the average of the spot rates of
the carrier must have been agreed upon in advance by              the currencies concerned recorded in the Member
the authorized agent and the receiving agent of the               State in which the invitation to tender is issued
recipient country.                                                during a period from the Wednesday of one week
                                                                  to the Tuesday of the following week being the
4. The successful tenderer shall deliver the product              period immediately preceding the closing date for
specified in paragraph 1 cif to the ports listed in the           submission of tenders .
Annex in new cotton sacks, having a net capacity of
50 kg.
                                                                                     Article 4
The following shall be printed on the sacks :
                                                             The contract shall be awarded to the tenderer offering
 Farinha — dom da Comunidade economica europeia
a Guine-Bissau.'                                              the best terms, taking into consideration the adjust­
                                                              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 for in Article 1 shall be taken
on 27 June 1975.
                                                                                     Article 5
2. The closing date for the submission of tenders
shall be 27 June 1975 at 12 noon .                            1 . The tenderer shall give security in an amount of
                                                              10 units of account per metric ton of goods.
3.    The   notice of   invitation  to  tender  shall be
                                                              It shall be released :
published in the Official Journal of the European
 Communities not less than nine days before the              — in the case of all tenderers whose tenders are
closing date for the submission of tenders.                       unsuccessful or are not accepted .
                                                             — in the case of the successful tenderer, when the
                        Article 3                                 operations concerned have been carried out within
                                                                   the prescribed time limit and on submission of
 1 . The prices offered must be expressed in the
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                                   Article 6
Member State mentioned in the tender to exports
from the Member State mentioned in the tender
                                                              1.     The common wheat flour referred to in Article 1
pursuant to paragraph 2.                                      to be supplied to Guinea Bissau must meet the
Such correction shall be made by :                            following requirements :
— increasing prices which mention a Member State             — moisture : 1 2 % maximum ;
     whose currency has depreciated or a new Member          — protein content : 10-5 % minimum (N x 6-25 on
     State,                                                        dry matter) ;
— reducing prices which mention a Member State               — ash content : 0-52 % maximum referred to dry
     whose currency has been revalued .                            matter .
 ---pagebreak--- 14 . 6 . 75                         Official Journal of the European Communities                                No L 154/63
Flour not meeting these requirements shall be                  shall supply it with all the information which it may
refused .                                                      require.
2.     Tenders for supply to Guinea Bissau of the              Furthermore, the amount of the successful tender
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 : 1 2 % 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
                                                                   and their packaging ; .
1 . The Italian intervention agency shall be respon­
sible for the operations relating to the invitation to         (b) the date of the departure of the ships, the expected
tender provided for by this Regulatioh .                           date of arrival of the products at their destination ;
                                                               (c) all possible contingencies which might occur
2.     It shall forthwith communicate to the Commis­
                                                                   during transportation of the products.
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,         The intervention agency shall transmit the informa­
together with the name and business name of the                tion provided for to the Commission as soon as it is
successful tenderer.                                           received .
3 . Where the customs export formalities for the               5 . When the intervention agency responsible for
mobilized product are completed in a Member State              the operations relating to tendering is not the interven­
other than that in which the invitation to tender is           tion agency which appoints the successful tenderer, it
issued, the intervention agency of the latter Member           shall send as soon as possible to the latter the informa­
State shall be responsible for the operations following        tion necessary for releasing the security.
tendering, including payment to the successful
tenderer.                                                                                    Article 8
In such case, the intervention agency choosing the             This Regulation shall enter into force on the day of its
successful tenderer shall immediately inform the inter­        publication in the Official Journal of the European
vention agency of the Member State concerned and                Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 13 June 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       Bissau                               Customs of the port                  331