CELEX: 31975R2397
Language: en
Date: 1975-09-20 00:00:00
Title: Regulation (EEC) No 2397/75 of the Commission of 19 September 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Arab Republic of Egypt

20 . 9 . 75                             Official Journal of the European Communities                            No L 246/ 19
                             REGULATION (EEC) No 2397/75 OF THE COMMISSION
                                                    of 19 September 1975
               opening an invitation to tender for the mobilization of common wheat flour as
                                         food aid for the Arab Republic of Egypt
THE COMMISSION OF THE EUROPEAN                                    Whereas provision should be made for security to be
COMMUNITIES,                                                      given to guarantee fulfilment of the obligations arising
                                                                  by virtue of participation in the invitation to tender
Having regard to the Treaty establishing the European             for the supply of wheat to the Arab Republic of Egypt.
Economic Community ;
                                                                  Whereas the Belgian intervention agency should be
Having regard to Council Regulation No 120/                        made responsible for the tendering procedure in ques­
                                                                   tion ;
67/ EEC (')     13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation ( EEC) No 665/75 (2) ;                                      Whereas the Commission must be informed quickly
                                                                  of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
1 693/72 (3) of 3 August 1972 laying down the condi­              Whereas the Monetary Committee will be consulted ;
tions for the mcpbilization of cereals as food aid, 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 3 March 1975 the Council of the Euro­
                                                                   No 129 (4) on the value of the unit of account and the
pean Communities declared that by way of Commu­                    exchange rates to be applied for the purposes of the
nity action it proposed to grant the Arab Republic of              common agricultural policy, as last amended by Regu­
Egypt 6 623 metric tons of flour under its 1 974/75                lation (EEC) No 2543/73 (5 ), and in particular Article
food-aid programme ;                                               3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­               Whereas the measures provided for in this Regulation
tion ( EEC) No 1693/72 the goods may be purchased                  are in accordance with the Opinion of the Manage­
anywhere on the Community market ;                                 ment Committee for Cereals,
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of
                                                                   HAS ADOPTED THIS REGULATION :
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                                               Article I
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 the
may relate to products mobilized anywhere within
                                                                   Arab Republic of Egypt by way of Community food­
those Member States ; whereas, in view of the currency             aid action of :
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account            — 6 623 metric tons of flour of common wheat.
should be taken of the effect on each tender of the
currency situation in the Member State in which the                2. The tendering           procedure shall take place in
customs export formalities will be completed ;                      Belgium in one lot.      The product shall be mobilized
                                                                   on the Community           market. The product shall be
^hereas the award under the invitation to tender                    loaded for departure     from any Community port.
 must be made in favour of the tenderer offering the
best terms ;                                                       3 . The flour is to be delivered in new jute sacks ' of
                                                                   a net capacity of 67-485 kg net in the port of ship­
Whereas, should force majeure make it impossible to                 ment in the vicinity of the vessel . The goods must be
complete the operation in question within the set                  set down at the place nominated by the recipient
time limits, it should be made clear who is to bear the            country or its agent, the timing of delivery being
 liability for any resulting costs ;                               settled by the tenderer and the recipient country's
                                                                   agent .
(') OJ No 117, 19 . 6. 1967, p. 2269/67.
(-') OJ No L 72, 20. 3 . 1975, p. 14.                              (4 ) OJ No 106, 30 . 10 . 1962, p. 2553/62 .
(J ) OJ No L 178 , 5 . 8 . 1972, p. 3 .                            (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 246/20                         Official Journal of the European Communities                               20 . 9 . 75
4.     The following, shall be printed on the sacks :               period immediately preceding the closing date for
                                                                    submission of tenders .
'Wheat flour — Gift of the European Economic
Community — for free distribution'.
                                                                                        A rticle 4
                         Article 2
                                                              The contract shall be awarded to the tenderer offering
                                                              the best terms, taking into consideration the adjust­
 1 . The decision on tenders received in response to           ment referred to in Article 3 (3).
the invitation provided for in Article 1 shall be taken
on 26 September 1975.                                          However, if the tenders submitted do not appear to
                                                               reflect normal market prices and costs, the interven­
2. The closing date for submission of tenders shall            tion agency may cancel the invitation to tender.
be 26 September 1975 at 12 noon .
3.     The    notice of  invitation  to  tender  shall be                               Article 5
published in the Official Journal of the European
 Communities, not less than nine days before the               If the tenderer is unable to deliver the goods in
closing date for submission of tenders.                        compliance with Article 1 (3) on the date given in the
                                                               notice of invitation to tender as a result of the late
                                                               availability of the vessels to be used for sea transporta­
                         Article 3
                                                               tion, the resulting costs shall be borne by the interven­
                                                               tion agency.
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation
 to tender was issued .                                                           »     Article 6
 2. Tenders must in particular mention the Member               1 . The tenderer shall give security in an amount of
 State in which the tenderer, in the event of his being         10 units of account per metric ton of goods.
 declared successful , expects to complete the customs
 export formalities for the products concerned.                It shall be released :
 3.     For the purpose of rendering the tenders compar­       — in the case of all tenderers whose tenders are
 able, the prices shall, where appropriate* be corrected            unsuccessful or are not accepted,
 by the monetary compensatory amount and the acces­            — in the case of the successful tenderer, when the
 sion compensatory amount applicable on the closing                 operations concerned have been carried out within
 date for submission of tenders to exports from the                 the prescribed time limit and on submission of
 Member State mentioned in the tender pursuant to                   the original export licence duly granted and
 paragraph 2.                                                       endorsed by the competent authorities of the
                                                                    Member State mentioned in the tender pursuant
 Such correction shall be made by :                                 to Article 3 (2),
 — increasing prices which mention a Member State              — in the case of the successful tenderer, for quanti­
      whose currency has depreciated or a new Member                 ties not supplied by reason of force majeure.
      State ,
 — reducing prices which mention a Member State                 2. The security required under paragraph 1 may be
      whose currency has been revalued .                        provided in the form of a cash deposit or of a
                                                               guarantee issued by a credit institution conforming to
 The monetary compensatory amount shall , where                 criteria laid down by each Member State.
 appropriate, be converted into the currency of the
                                                                The common wheat flour referred to in Article 1 to be
  Member State in which the invitation to tender is
  issued using :                                                supplied to the Arab Republic of Egypt must meet the
                                                                following requirements :
 — in the case when the currencies concerned are
      kept at any given moment within a band of                 — moisture : 14% maximum ,
      2-25 % , a conversion rate resulting from their           — protein content : 10-5 % minimum (N x 6-25 on
      central rate ,                                                 dry matter),
 — in the other cases, the average of the spot rates of         — ash content : 0-52 % maximum referred to dry
      the currencies concerned recorded in the Member                matter .
      State in which the invitation to tender is issued
      during a period from the Wednesday of one week            Flour not meeting these requirements shall be
      to the Tuesday of the following week being the            refused .
 ---pagebreak--- 20 . 9 . 75                        Official Journal of the European Communities                          No L 246/21
                         Article 8                            average of the spot rates referred to in the second
                                                              subparagraph of Article 3 (3) to the tenderer in the
 1 . The Belgian intervention agency shall be respon­         currency of the Member State in which the operations
sible for organizing the invitation to tender provided
                                                              relating to the tendering are completed .
for by this Regulation .
2.     It shall forthwith communicate to the Commis­
                                                              4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
sion the list of firms which have responded to the invi­      tion :
tation to tender, specifying the terms of each tender,
together with the name and business name of the               (a) after each shipment a certificate showing the quan­
successful tenderer.                                              tities dispatched and the quality of the products ;
                                                              (b) the date of departure of the vessels.
3 . Where the customs export formalities for the
mobilized product are completed in a Member State             The information indicated above shall be forwarded
other than that in which the invitation to tender is          by the intervention agency to the Commission imme­
issued, the intervention agency of the latter Member          diately upon receipt.
State shall be responsible for the operations following       5. When the intervention agency responsible for
tendering, including payment to the successful
tenderer.                                                     the operations relating to tendering is not the interven­
                                                              tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the            shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­       tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may                                 Article 9
require.
                                                              This Regulation shall enter into force on the day of its
Furthermore, the amount of the successful tender              publication in the Official Journal of the European
shall be paid after it has been converted using the           Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 19 September 1975.
                                                                         For the Commission
                                                                           P. J. LARDINOIS
                                                                     Member of the Commission