CELEX: 31975R1465
Language: en
Date: 1975-06-06 00:00:00
Title: Regulation (EEC) No 1465/75 of the Commission of 6 June 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services

7. 6 . 75                            Official Journal of the European Communities                         No L 146/ 11
                          REGULATION (EEC) No 1465/75 OF THE COMMISSION
                                                     of 6 June 1975
              opening an invitation to tender for the mobilization of common wheat flour as
                                      food aid for the Catholic Relief Services
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 the Catholic Relief
Economic Community ;                                           Services will be fulfilled ;
Having regard to Council Regulation No 120/                    Whereas the Belgian intervention agency should be
67/ EEC (*) of 13 June 1967 on the common organiza­             made responsible for the tendering procedure ;
tion on the market in cereals, as last amended by
Regulation (EEC) No 665/75 (2) ;                               Whereas the Commission must be informed quickly
                                                                of the tenders submitted in response to the invitation
Having regard to Council Regulation (EEC) No                    and of those accepted by the intervention agency ;
1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and         Whereas the Monetary Committee will be consulted ;
in particular Article 6 thereof ;                              whereas, in view of the urgency, the measures envis­
                                                                aged should be adopted in accordance with the condi­
Whereas on 26 May 1975 the Council of the Euro­                 tions laid down in Article 3 (2) of Council Regulation
pean Communities declared that it proposed, by way              No 129 (4) on the value of the unit of account and the
of Community action, to grant the equivalent of                 exchange rates to be applied for the purposes of the
1 1 952 metric tons of common wheat (in other words             common agricultural policy, as last amended by Regu­
7 915 metric tons of common wheat flour) to the                 lation (EEC) No 2543/73 (5), and in particular Article
Catholic Relief Services under its 1972/73 food-aid             3 thereof ;
programme ;
                                                                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 placed on the
dock at the port of unloading ;
                                                                                         Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
may relate to products mobilized anywhere within                 1 . Tenders are hereby invited for the supply to the
those Member States ; whereas, in view of the currency          Catholic Relief Services by way of Community action,
                                                                of 7 915 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
should be taken of the effect on each tender of the             2. The tendering procedure shall take place in
currency situation in the Member State in which the             Belgium in three lots. The product shall be mobilized
customs export formalities will be completed ;                  on the Community market. The products shall be
                                                                loaded for departure from any 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 placed on
Whereas, should force majeure make it impossible to             the dock at the ports listed in the Annex.
complete the operation in question within the time
limits specified, it must be made clear who is to bear          4. The successful tenderer shall deliver the product
the liability for any resulting costs ;                         specified in paragraph 1 cif, in new cotton sacks,
                                                                having a net capacity of 50 kg.
(!) OJ No 117, 19 . 6. 1967, p. 2269/67.
(2) OJ No L 72, 20 . 3. 1975, p. 14.                            (4) OJ No 106, 30. 10 . 1962, p. 2553/62.
P) OJ No L 178 , 5. 8 . 1972, p. 3 .                            (5yOJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 146/ 12                        Official Journal of the European Communities                              7 . 6 . 75
The following shall be printed on the sacks :                 However, if the tenders submitted do not appear to
 HARINA DE TRIGO — DONACION DE LA                             reflect normal market prices and costs, the interven­
COMUNIDAD ECONOMICA EUROPEA PARA                              tion agency may cancel the invitation to tender.
CATHWEL CHILE — DESTINADA A LA DISTRIB­
UCION GRATUITA'.                                                                       Article 5
                         Article 2                             1 . The tenderer shall give security in an amount of
1 . The decision on tenders received in response to            10 units of account per metric ton of goods.
the invitation provided in Article 1 shall be taken on        It shall be released :
20 June 1975.
                                                              — in the case of all tenderers whose tenders are
2. The closing date for the submission of tenders
                                                                   unsuccessful or are not accepted,
shall be 20 June 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 the submission of tenders .                       endorsed by the competent authorities of the
                         Article 3                                 Member State mentioned in the tender pursuant
                                                                   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. 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
                                                                                       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             must meet the following requirements :
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to              — moisture : 1 2 % maximum,
paragraph 2.                                                  — protein content : 10-5% minimum (N x 6-25 on
Such correction shall be made by :                                 dry matter),
— increasing prices which mention a Member State              — ash content : 0-52 % maximum referred to dry
                                                                   matter .
    whose currency has depreciated or a new Member
    State ,
                                                               Flour not meeting these requirements shall be
— reducing price which mention a Member State                  refused .
    whose currency has been revalued .
The monetary compensatory amount shall, where                  2. Tenders for supply of the common wheat flour
appropriate, be converted into the currency of the             referred to in Article 1 must relate to a product with
Member State in which the invitation to tender is              the following characteristics :
issued using :                                                — moisture : 1 2 % maximum,
— in the case when the currencies concerned are               — protein content : 10-5% minimum (N x 6-25 on
    kept at any given moment within a band of                      dry matter),
    2-25 % , a conversion rate resulting from their           — ash content : 0-52 % maximum referred to dry
    central rate ,                                                 matter .
— in the other cases, the average of the spot rates of
    the currencies concerned recorded in the Member
    State in which the invitation to tender is issued                                  Article 7
    during a period from the Wednesday of one week             1 . The Belgian intervention agency shall be respon­
    to the Tuesday of the following week being the
                                                               sible for the operations relating to the invitation to
    period immediately preceding the closing date for
    submission of tenders .
                                                               tender provided for by this Regulation .
                                                               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--- 7. 6 . 75                          Official Journal of the European Communities                               No L 146/ 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, 6 June 1975 .
                                                                         For the Commission
                                                                            P.J. LARDINOIS
                                                                    Member of the Commission
                                                        ANNEX
               Number of lot          Port of unloading       Minimum rate of unloading    Metric tonnage cif
                       1      Valparaiso                                                         1 250
                              Coquimbo                     Customs of the port                     500
                              Talcahuano                                                           650
                       2      Valparaiso                                                         1 250
                              Coquimbo                     Customs of the port                     500
                       3
                              Talcahuano
                              Valparaiso
                              Coquimbo
                              Talcahuano
                                                         i Customs of the port
                                                                                                   650
                                                                                                 1 800
                                                                                                   500
                                                                                                   815