CELEX: 31975R1166
Language: en
Date: 1975-05-05 00:00:00
Title: Regulation (EEC) No 1166/75 of the Commission of 5 May 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Hashemite Kingdom of Jordan

6 . 5 . 75                                Official Journal of the European Communities                                 No L 116/ 11
                              REGULATION ( EEC) No 1166/75 OF THE COMMISSION
                                                           of 5 May 1975
               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 No 120 /                         Whereas the Belgian intervention agency should be
67/ EEC (') of 13 June 1967 on the common organiza­                  made responsible for organizing the invitation to
tion of the market in cereals, as last amended by Regu­              tender ;
lation ( EEC) No 665/75 (2 ) ;
                                                                     Whereas it is important that the Commission be
Having regard to Council Regulation ( EEC) No                        informed without delay of the tenders submitted in
1 693/72 (3 ) of 3 August 1972 laying down the condi­                response to the invitation and of those accepted by
tions for the mobilization of cereals to be used as food             the intervention agency ;
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
pean Communities declared that by way of Commu­                      aged should be adopted in accordance with the condi­
nity action it proposed to grant to the Hashemite                    tions laid down in Article 3 (2) of Council Regulation
Kingdom of Jordan the equivalent of 10 000 metric                    No 129 (4 ) on the value of the unit of account and the
tons of common wheat, in the form of flour, i.e. 6 623               exchange rates to be applied for the purposes of the
metric tons of common wheat flour, under its 1974/ 75                common agricultural policy, as last amended by Regu­
food-aid programme ;                                                 lation ( EEC) No 2543/73 (5 ), and in particular Article
                                                                     3 thereof ;
Whereas pursant to Article 3 (3) of Council Regula­
tion ( EEC) No 1693/72 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 6 623 metric tons 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 ;
                                                                      2. The Rendering procedure shall take place in the
Whereas the contract should be awarded                   to  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 .
 (') O ) No 117 , 19 . 6 . 1967 , p . 2269 / 67 .
 (-) O'l No L 72, 20 . 3 . 1975, p . 14 .                             (4 ) OJ No 106, 30 . 10 . 1962 , p . 2553 / 62 .
(') O'l No L. 178 , 5 . 8 . 1972, p . 3 .                             ( 5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- No L 116 / 12                       Official Journal of the European Communities                             6 . 5 . 75
.5 .   The product referred to in paragraph 1 is to be             State in which the invitation to tender is issued
delivered in new cotton sacks of a net capacity of                 during a period from the Wednesday of one week
50 kg to the port of shipment in the vicinity of the               to the Tuesday of the following week being the
vessel . The goods must be set down at the place nomi­             period immediately preceding the closing date for
nated by the recipient country or its agent, the timing            submission of tenders .
of delivery being settled by the tenderer and the recip­
ient country's agent .
                                                                                      Article 4
                                                                                    I
6.     The following shall be printed on the sacks :
                                                              The contract shall be awardecf to the tenderer offering
'Wheat flour — gift of the European Community —               the best terms, taking into consideration the adjust­
for free distribution '.
                                                               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 award of the contract shall take place on 16         tion agency may cancel the invitation to tender.
May 1975 .
2.     The closing date for submission of tenders shall                               Article 5
be 16 May 1975 at 12 noon .
                                                               1 . The tenderer shall give security in an amount of
3.     The   notice of   invitation  to  tender  shall be      10 units of account per metric ton 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 J
                                                              — 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 quantities
export formalities for the products concerned .                    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 I which are to
— increasing prices which mention a Member State              be supplied to the Hashemite Kingdom of Jordan
     whose currency has depreciated or a new Member            must meet the following requirements :
     State ,
                                                               common wheat flour :
— reducing prices which mention a Member State
     whose currency has been revalued .                       — moisture content : 15% maximum ;
The monetary compensatory amount shall , where                — acidity : 4 ml NaOH / n maximum per 100 g (calcu­
appropriate , be converted into the currency of the                lated on the dry matter) ;
Member State in which the invitation to tender is             — ash content : 0-52 % maximum on the dry matter.
issued using :
— in the case when        the currencies concerned are
                                                               If the goods referred to in Article 1 do not meet the
                                                               foregoing requirements they shall be rejected and the
     kept at any given moment within a band of                successful tenderer shall be owner thereof.
     2-25 % , a conversion rate resulting from their
     central rate ,
                                                               2 . Tenders for supply to the Hashemite Kingdom
— in the other cases, the average of the spot rates of        of Jordan of the goods referred to in Article 1 must
     the currencies concerned recorded in the Member           relate to products with the following characteristics :
 ---pagebreak--- 6 . 5 . 75                           Official Journal of the European Communities                            No L 116 / 13
common wheat flour :                                             currency of the Member State in which the operations
— moisture content : 15 % maximum ;                              relating to the tendering are completed .
— acidity : 4 ml NaOH/ n maximum per 100 g (calcu­               4 . The intervention agency shall request the
     lated on the dry matter) ;                                  successful tenderer to supply the following informa­
— ash content : 0-52 % maximum on the dry matter.                tion :
                                                                 (a ) after each shipment a certificate showing the quan­
                          Article 7       :                           tities dispatched and the quality of the products ;
1.      The Belgian intervention agency shall be respon­         (b) the date of departure of the vessels .
sible for operations relating to the invitation to tender
                                                                 The information indicated above shall be forwarded
provided for by this Regulation .
                                                                 by the intervention agency to the Commission imme­
2.      It shall forthwith communicate to the Commis­            diately upon receipt .
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,           5.      When the intervention agency responsible for
together with the name and business name of the                  the operations relating to tendering is not the interven­
successful tenderer.                                             tion agency which appoints the successful tenderer, it
                                                                 shall send as soon as possible to the latter the informa­
3.      Where the customs export formalities for the             tion necessary for releasing the security .
mobilized product are completed in a Member State
other than that in which the invitation to tender is
                                                                                           Article 8
issued, the intervention angency of the latter Member
State shall be responsible for the operations following          On deliver)-' of the goods at the port of shipment, a
tendering, including payment to the successful                   handing-over certificate shall be supplied to the
tenderer.                                                        successful tenderer, acting as agent for the Commu­
In such case, the intervention agency choosing the               nity, by the agent of the recipient country or, in the
successful tenderer shall immediately inform the inter­          absence of the latter, by the intervention agency of the
vention agency of the Member State concerned and                 Member State in whose territory the port of shipment
                                                                 is situated .
shall supply it with all the information which it may
require .
                                                                                         . Article 9
Furthermore , the amount of the successful tender
shall be paid after it has been converted using the               This Regulation shall enter into force on the day of its
average of the spot rates referred to in the second              publication in the Official Journal of the European
subparagraph of Article 3 (3 ) to the tenderer in the            Communities.
                 I his Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                 Done at Brussels , 5 May 1975
                                                                             For the Commission
                                                                               P. J. LARDINOIS
                                                                        Member of the Commission