CELEX: 31976R0074
Language: en
Date: 1976-01-16 00:00:00
Title: Commission Regulation (EEC) No 74/76 of 16 January 1976 opening a new invitation to tender for the mobilization of common wheat flour as food aid for Guinea Bissau

17. 1 . 76                                Official Journal of the European Communities                                No L 10/ 15
                                       COMMISSION REGULATION (EEC) No 74/76
                                                        of 16 January 1976
               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 (EEC) No                         given for the purpose of guaranteeing that the obliga­
2727/75 of 29 October 1975 on the common organiza­                   tions arising by virtue of participation in the invita­
tion of the market in cereals (!),                                   tion to tender for supplies to Guinea Bissau will be
                                                                     fulfilled ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                    Whereas the Italian intervention agency should be
tions for the mobilization of cereals as food aid (2), 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 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
 1517/75 of 13 June 1975 opening a new invitation to                 common agricultural policy (4), as last amended by
tender for the mobilization of common wheat flour as                 Regulation ( EEC) No 2543/73 (5 ), and in particular
aid for Guinea Bissau (3) was not allocated ; whereas a              Article 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 2750/75 the goods may be purchased                     ment Committee for Cereals,
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
                                                                     HAS ADOPTED THIS REGULATION :
for supply of the products delivered cif, that is at the
 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
                                                                     metric tons of common wheat flour.
 those Member States ; whereas, in view of the currency
 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                     3 . 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 cif, that is
 best terms ;                                                         at the moment when the goods are actually removed
                                                                      from the ship's hold at the port of unloading.
 (') OJ No L 281 , I. 11 . 1975, p . 1 .
 (-') OJ No L 281 , 1 . II . 1975 , p . 89 .                          (4 ) OJ No 106 , 30 . 10 . 1962, p . 2553 / 62.
 ( J ) OJ No L 154, 14 . 6 . 1975 , p . 61 .                          (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- No L 10/ 16                        Official Journal of the European Communities                           17. 1 . 76
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              the best terms, taking into consideration the adjust­
a Guiné-Bissau .'                                             ment referred to in Article 3 (3).
                                                              However, if the tenders submitted do not appear to
                        Article 2                             reflect normal market prices and costs, the interven­
                                                              tion agency may cancel the invitation to tender.
 1.    The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken                              Article 5
on 30 January 1976.
                                                              1 . The tenderer shall give security in an amount of
2. The closing date for the submission of tenders             10 units of account per metric ton of goods.
shall be 30 January 1976 at 12 noon .
                                                              It shall be released :
3.     The   notice of  invitation  to  tender  shall be
                                                             — in the case of all tenderers whose tenders are
published in the Official Journal of the European
 Communities not less than nine days before the                   unsuccessful or are not accepted,
closing date for the submission of tenders.                  — in the case of the successful tenderer, when the
                                                                  operations concerned have been carried out within
                        Article 3                                 the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
 1 . The prices offered must be expressed in the                  endorsed by the competent authorities of the
currency of the Member State in which the invitation              Member State mentioned in the tender pursuant
to tender was issued .                                            to Article 3 (2),
                                                             — in the case of the successful tenderer for quantities
2.     Tenders must in particular mention the Member              not supplied by reason of force majeure.
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs          2. The security required under paragraph 1 may be
export formalities for the products concerned.                provided in the form of a cash deposit or of a
                                                             guarantee issued by a credit institution conforming to
3.     For the purpose of rendering the tenders compar­       criteria laid down by each Member State.
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount and the acces­                                   Article 6
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the            1.    The common wheat flour referred to in Article 1
Member State mentioned in the tender to exports               to be supplied to Guinea Bissau must meet the
from    the Member State mentioned in         the tender      following requirements :
pursuant to paragraph 2.                                      — moisture : 12 % maximum ;
Such correction shall be made by :                            — protein content : 10-5 % minimum (N x 6-25 on
                                                                  dry matter) ;
— increasing prices which mention a Member State
     whose currency has depreciated or a new Member           — ash content : 0-52 % maximum referred to dry
                                                                   matter .
     State,
— reducing prices which mention a Member State                Flour not meeting these requirements shall be
     whose currency has been revalued.                        refused .
 ---pagebreak--- 17 . 1 . 76                          Official Journal of the European Communities                                No L 10/ 17
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 : 12 % 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 :
                           Article 7
                                                               (a) after each shipment, a statement giving details of
                                                                    the quantities loaded, the quality of the products
1 . The Italian intervention agency shall be respon­                and their packaging ;
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 Regulation .                            date of arrival of the products at their destination ;
2.      It shall forthwith communicate to the Commis­           (c) all possible contingencies which might occur
sion the list of firms which have responded to the invi­            during transportation of the products.
tation to tender, specifying the terms of each tender,
together with the name and business name of the                 The intervention agency shall transmit the informa­
successful tenderer.                                            tion provided for to the Commission as soon as it is
                                                                received .
3 . Where the customs export formalities for the
mobilized product are completed in a Member State               5 . When the intervention agency responsible for
other than that in which the invitation to tender is            the operations relating to tendering is not the interven­
issued , the intervention agency of the latter Member           tion agency which appoints the successful tenderer, it
State shall be responsible for the operations following         shall send as soon as possible to the latter the informa­
tendering, including payment to the successful                  tion necessary for releasing the security.
tenderer.
In such case, the intervention agency choosing the                                            Article 8
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, 16 January 1976 .
                                                                           For the Commission
                                                                             P.J. LARDINOIS
                                                                      Member of the Commission
                                                           ANNEX
                   Number                                                                               Metrie
                    of lot
                                         Port of unloading          Minimum rate of unloading
                                                                                                     tonnage eif
                      I       Bissau                               Customs of the port                  331