CELEX: 31977R1120
Language: en
Date: 1977-05-27 00:00:00
Title: Commission Regulation (EEC) No 1120/77 of 27 May 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Hashemite Kingdom of Jordan

No L 134/42                               Official Journal of the European Communities                               28 . 5 . 77
                                      COMMISSION REGULATION ( EEC) No 1120/77
                                                            of 27 May 1977
                opening an invitation to tender for the mobilization of common wheat flour as
                                        food aid for the Hashemite Kingdom of Jordan
THE COMMISSION OF THE EUROPEAN                                       Whereas provision should be made for security to be
COMMUNITIES,                                                         given to guarantee fulfilment of obligations arising by
                                                                     virtue of participation in the invitation to tender for
 Having regard to the Treaty establishing the European               the supply of goods to the Hashemite Kingdom of
 Economic Community,                                                 Jordan ;
 Having regard to Council Regulation (EEC) No                        Whereas the Belgian intervention agency should be
2727/75 of 29 October 1975 on the common organiza­                   made responsible for organizing the invitation to
tion of the market in cereals ('), as last amended by                tender ;
Regulation ( EEC) No 3 1 38 /76 (2),
                                                                     Whereas it is important that the Commission be
 Having regard to Council Regulation (EEC) No                        informed without delay of the tenders submitted in
2750/75 of 29 October 1975 laying down the condi­                    response to the invitation and of those accepted by
tions for the mobilization of cereals as food aid (3 ), and          the intervention agency ;
in particular Article 6 thereof,
                                                                     Whereas the Monetary Committee will be consulted ;
Whereas on 8 February 1977 the Council of the Euro­                  whereas, in view of the urgency, the measures envis­
pean Communities declared that by way of Commu­                      aged should be adopted in accordance with the condi­
nity action it proposed to grant the Hashemite                       tions laid down in Article 3 (2) of Council Regulation
 Kingdom of Jordan the equivalent of 18 000 tonnes                   No 129 on the value of the unit of account and the
of common wheat, in the form of flour, i.e. 11 921                   exchange rates to be applied for the purposes of the
tonnes of common wheat flour, under its 1976/77                      common agricultural policy (4), as last amended by
food-aid programme ;                                                 Regulation (EEC) No 2543/73 (5), 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 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
 nated by the recipient or its agent ;
                                                                     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
                                                                      1 . An invitation to tender shall be issued in respect
 that the tenders are as comparable as possible, account             of the supply of 1 1 921 tonnes of common wheat
should be taken of the effect on each tender of the
                                                                     flour to the Hashemite Kingdom of Jordan by way of
currency situation in the Member State in which the                  Community food-aid action .
 customs export formalities will be completed ;
Whereas       the  contract     should        be awarded  to  the
                                                                     2. The tendering procedure shall take place in the
                                                                     Kingdom of Belgium and shall be in respect of a
 tenderer who makes the best offer ;
                                                                     single lot .
Whereas it must be made clear who is to bear any
costs which arise in the event that for reasons of force             3.      The goods shall be mobilized on the Commu­
                                                                     nity market .
 majeure the operation in question is not completed
within the time stipulated ;
                                                                     4.      Shipment shall be from a Community port.
(') OJ No L 281 , 1 . 11 . 1975 , p . 1 .
{ 2 ) OJ No L 354, 24 . 12 . 1976, p . 1 .                           (4 ) OJ No 106, 30 . 10 . 1962 , p . 2553 / 62 .
( 3 ) OJ No L 281 , 1 . 1 1 . 1975 , p . 89 .                        ( 5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- 28 . 5. 77                        Official Journal of the European Communities                        No L 134/43
5. The product referred to in paragraph 1 is to be          Member State in which the invitation to tender is
delivered in new cotton sacks of a net capacity of 50       issued using :
kilograms to the port of shipment in the vicinity of        — in the case when the currencies concerned are
the vessel . The goods must be set down at the place
nominated by the recipient country or its agent, the             kept at any given moment within a band of
timing of delivery being settled by the tenderer and             2-25 % , a conversion rate resulting from their
                                                                 central rate ,
the recipient country's agent.
                                                            — in the other cases, the average of the spot rates of
Minimum weight of sacks : 180 g.                                 the currencies concerned recorded in the Member
                                                                 State in which the invitation to tender is issued
The following shall be printed on the sacks :                    during a period from the Wednesday of one week
'Wheat flour — Gift of the European Economic                     to the Tuesday of the following week being the
Community to Jordan — For free distribution '.                   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                                   Article 4
sacks, of the same quality as those containing the
goods but with the printing followed by a capital           The contract shall be awarded to the tenderer offering
letter ' R \
                                                            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
1 . The award of the contract shall take place on 10        reflect normal market prices and costs, the interven­
June 1977.                                                  tion agency may cancel the invitation to tender.
2. The closing date for submission of tenders shall                                 Article ">
be 10 June 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 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
currency 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 the 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 quanti­
export formalities for the products concerned .                  ties 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
paragraph 2.                                                                        Article 6
Such correction shall be made by :                           1.    The goods referred to in Article 1 which are to
                                                            be supplied to the Hashemite Kingdom of Jordan
— increasing prices which mention a Member State            must meet the following requirements :
    whose currency has depreciated or a new Member
    State,                                                  common wheat flour :
— reducing prices which mention a Member State              — moisture content : 15% maximum ,
    whose currency has been revalued .
                                                            — acidity : 4 ml NaOH / n maximum per 100 g (calcu­
The monetary compensatory amount shall , where                   lated on the dry matter),
appropriate, be converted into the currency of the          — ash content : 0-52 % maximum on the dry matter.
 ---pagebreak--- No L 134/44                        Official Journal of the European Communities                            28 . 5 . 77
If the goods referred to in Article 1 do not meet the        Furthermore, the amount of the successful tender
foregoing requirements they shall be rejected and the        shall be paid after it has been converted using the
successful tenderer shall be owner thereof.                  average of the spot rates referred to in the second
                                                             subparagraph of Article 3 (3) to the tenderer in the
2. Tenders for supply to the Hashemite Kingdom               currency of the Member State in which the operations
of Jordan of the goods referred to in Article 1 must         relating to the tendering are completed.
relate to products with the following characteristics :
common wheat flour :                                         4. The intervention agency shall request the
                                                             successful tenderer to supply the following informa­
— moisture content : 1 5 % maximum ,                         tion :
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­            (a) after each shipment a certificate showing the quan­
    lated on the dry matter),                                    tities dispatched and the quality of the products ;
— ash content : 0-52 % maximum on the dry matter.            (b) the date of departure of the vessels.
                                                             The information indicated above shall be forwarded
                        Article 7
                                                             by the intervention agency to the Commission imme­
1 . The Belgian intervention agency shall be respon­         diately upon receipt.
sible for operations relating to the invitation to tender
provided for by this Regulation .                            5. When the agency responsible for the operations
                                                             relating to tendering is not the intervention agency
2.    It shall forthwith communicate to the Commis­          which appoints the successful tenderer, it shall send as
sion the list of firms which have responded to the invi­     soon as possible to the latter the information neces­
tation to tender, specifying the terms of each tender,       sary for releasing the security.
together with the name and business name of the
successful tenderer.                                                                  Article 8
3 . Where the customs export formalities for the             On delivery of the goods at the port of shipment, a
mobilized product are completed in a Member State            handing-over certificate shall be supplied to the
other than that in which the invitation to tender is         successful tenderer, acting as agent for the Commu­
issued, the intervention agency of the latter Member         nity, by the agent of the recipient country or, in the
State shall be responsible for the operations following      absence of the latter, by the intervention agency of the
tendering, including payment to the successful               Member State in whose territory the port of shipment
tenderer.                                                    is situated .
In such case, the intervention agency choosing the                                    Article 9
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, 27 May 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President