CELEX: 31977R0626
Language: en
Date: 1977-03-25 00:00:00
Title: Commission Regulation (EEC) No 626/77 of 25 March 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Republic of the Cameroons

26. 3 . 77                               Official Journal of the European Communities                           No L 78 /5
                                    COMMISSION REGULATION (EEC) No 626/77
                                                        of 25 March 1977
               opening an invitation to tender for the mobilization of common wheat flour as
                                     aid for the United Republic of the Cameroons
THE COMMISSION OF THE EUROPEAN                                      virtue of participation in the invitation to tender for
COMMUNITIES,                                                        the supply of goods to the United Republic of the
                                                                    Cameroons ;
Having regard to the Treaty establishing the European
Economic Community,                                                 Whereas the Belgian intervention agency should be
                                                                    made responsible for organizing the invitation to
Having regard to Council Regulation (EEC) No                        tender ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as last amended by              Whereas the Commission must be informed quickly
Regulation (EEC) No 3138/76 (2),                                    of the tenders submitted in response to the invitation
                                                                    and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                  Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), and         whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,                                    aged should be adopted in accordance with the condi­
                                                                    tions laid down in Article 3 (2) of Council Regulation
Whereas on 6 April 1971 the Council of the Euro­                    No 129 on the value of the unit of account and the
pean Communities declared that it proposed, by way                 exchange rates to be applied for the purposes of the
of Community action , to grant the equivalent of 1 500             common agricultural policy (4), as last amended by
tonnes of common wheat, in the form of 993 tonnes                   Regulation (EEC) No 2543/73 (5), and in particular
of common wheat flour, to the United Republic of the               Article 3 thereof ;
Cameroons under its 1970/71 food-aid 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 2750/75 the goods may be purchased                    ment Committee for Cereals,
anywhere on the Community market ;
Whereas tenders should be invited for the supply of                 HAS ADOPTED THIS REGULATION :
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 ;                                                        Article 1
Whereas tenders may be submitted by tenderers esta­                 1 . An invitation to tender shall be issued in respect
blished in any Member State of the Community and                   of the supply of 993 tonnes of common wheat flour to
may relate to products mobilized anywhere within                   the United Republic of the Cameroons by way of
those Member States ; whereas, in view of the currency             Community food-aid action .
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 the
should be taken of the effect on each tender of the                Kingdom of Belgium and shall be in respect of a
currency situation in the Member State in which the                single lot.
customs export formalities will be completed ;
                                                                   3 . The product shall be mobilized on the Commu­
Whereas the award under the invitation to tender                   nity market.
must be made in favour of the tenderer offering the
best terms ;                                                       4. Loading shall be carried out in a Community
                                                                   port which has regular services to the Cameroons.
Whereas, should force majeure make it impossible to
complete the operation in question within the set                  5. The product referred to in paragraph 1 is to be
time limit, it should be made clear who is to bear the             delivered in new jute sacks of a net capacity of 50 kilo­
liability for any resulting costs ;                                grams to the port of shipment in the vicinity of the
                                                                   vessel . The goods must be set down at the place nomi­
Whereas provision should be made for security to be                nated by the recipient country or its agent, the timing
given to guarantee fulfilment of obligations arising by            of delivery being settled by the tenderer and the recip­
                                                                   ient country's agent.
;>) OJ No L 281 , 1 . 11 . 1975, p . 1 .
;2) OJ No L 354, 24. 12. 1976, p. 1 .                              H OJ No 106, 30 . 10 . 1962, p . 2553/62.
'3) OJ No L 281 , 1 . 11 . 1975, p . 89 .                          (5) OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 78 / 6                        Official Journal of the European Communities                              26. 3 . 77
The minimum weight of the sacks shall be 600 grams.                                    Article 4
The following shall be printed on the sacks :                The contract shall be awarded to the tenderer offering
' Farine de froment — Don de la CEE au Cameroun               the best terms, taking into consideration the adjust­
— Destinée å la vente .                                       ment referred to in Article 3 (3).
To allow for the possibility of re-bagging, the               However, if the tenders submitted do not appear to
successful tenderer shall supply 2 % of new empty             reflect normal market prices and costs, the interven­
sacks, of the same quality as those containing the            tion agency may cancel the invitation to tender.
goods but with the printing followed by a capital
letter ' R'.                                                                           Article 5
                        Article 2
                                                              If the tenderer is unable to deliver the goods in
                                                              compliance with Article 1 (5) on the date given in the
 1 . The decision on tenders received in response to          notice of invitation to tender as a result of the late
the invitation provided for in Article 1 shall be taken      availability of the vessels to be used for sea transporta­
on 13 April 1977.                                             tion, the resulting costs shall be borne by the interven­
                                                              tion agency.
2. The closing date for submission of tenders shall
be 13 April 1977, at 12 noon .                                                         Article 6
3.     The   notice of  invitation  to  tender shall  be
published in the Official Journal of the European             1 . The tenderer shall give security in an amount of
 Communities not less than nine days before the               10 units of account per tonne of goods.
closing date for submission of tenders.                       It shall be released :
                                                             — in the case of all tenderers whose tenders are
                        Article 3
                                                                  unsuccessful or are not accepted,
 1 . The prices offered must be expressed in the             — in the case of the successful tenderer, when the
currency of the Member State in which the invitation              operations concerned have been carried our within
to tender was issued .
                                                                  the prescribed time limit and on submission of
2. Tenders must in particular mention the Member                  the original export licence duly granted and
State in which the tenderer, in the event of his being            endorsed by the competent authorities of the
declared successful , expects to complete the customs             Member State mentioned in the tender pursuant
export formalities for the products concerned .                   to Article 3 (2),
 3 . For the purpose of rendering the tenders compar­        — in the case of the successful tenderer for quantities
able, the prices shall, where appropriate, be corrected            not supplied by reason of force majeure.
by the monetary compensatory amount and the acces­            2. The security required under paragraph 1 may be
sion compensatory amount applicable on the closing            provided in the form of a cash deposit or of a
date for submission of tenders to exports from the           guarantee issued by a credit institution conforming to
Member State mentioned in the tender pursuant to              criteria laid down by each Member State.
 paragraph 2.
                                                                                       Article 7
Such correction shall be made by :
— increasing prices which mention a Member State              1.     The common wheat flour referred to in Article 1
     whose currency has depreciated or a new Member           to be supplied to the United Republic of the
     State ,                                                  Cameroons must meet the following requirements :
— reducing prices which mention a Member State               — moisture : 14% maximum ;
     whose currency has been revalued .                      — protein content : 1 0*5 % minimum (N X 6-25 on
The monetary compensatory amount shall, where                     dry matter) ;
appropriate, be converted into the currency of the           — ash content : 0-52 % maximum referred to dry
Member State in which the invitation to tender is                 matter .
 issued using :                                               Flour not meeting these requirements shall be
— in the case when the currencies concerned are               refused .
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their          2.    Tenders for supply to the United Republic of the
                                                              Cameroons of the common wheat flour referred to in
     central rate ;
                                                             Article 1 must relate to a product with the following
— in the other cases, the average of the spots rates of       characteristics :
     the currencies concerned recorded in the Member
     State in which the invitation to tender is issued       — moisture : 14% maximum ;
     during a period from the Wednesday of one week          — protein content : 10-5 % minimum (N X 6-25 on
     to the Tuesday of the following week being the               dry matter) ;
     period immediately preceding the closing date for       — ash content : 0-52 % maximum referred to dry
     submission of tenders .                                      matter.
 ---pagebreak--- 26 . 3 . 77                        Official Journal of the European Communities                              No L 78 /7
                         Article 8                             4. The intervention agency shall request the
                                                               successful tenderer to supply the following informa­
1 . The Belgian intervention agency shall be respon­           tion :
sible for operations relating to the invitations to
tender provided for by this Regulation .                       (a) after each shipment a certificate showing the quan­
                                                                   tities dispatched and the quality of the products ;
2.     It shall forthwith communicate to the Commis­           (b) the date of departure of the vessels.
sion the list of firms which have responded to the invi­
                                                               The information indicated above shall be forwarded
tation to tender, specifying the terms of each tender,
together with the name and business name of the                by the intervention agency to the Commission imme­
successful tenderer.                                           diately upon receipt.
3 . Where the customs export formalities for the               5. When the intervention agency responsible for
                                                               the operations relating to tendering is not the interven­
mobilized product are completed in a Member State
other than that in which the invitation to tender is           tion agency which appoints the successful tenderer, it
                                                               shall send as soon as possible to the latter the informa­
issued, the intervention agency of the latter Member           tion necessary for releasing the security.
State shall be responsible for the operations following
tendering, including payment to the successful                                          Article 9
tenderer.
                                                               On delivery of the goods at the port of shipment, a
In such case, the intervention agency choosing the             handing-over certificate shall be supplied to the
successful tenderer shall immediately inform the inter­        successful tenderer, acting as agent for the Commu­
vention agency of the Member State concerned and               nity, by the agent of the recipient country or, in the
shall supply it with all the information which it may          absence of the latter, by the intervention agency of the
require.                                                       Member State in whose territory the port of shipment
                                                               is situated .
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                    Article 10
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the           This Regulation shall enter into force on the day of its
currency of the Member State in which the operations           publication in the Official Journal of the European
relating to the tendering are completed .                       Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 25 March 1977 .
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President