CELEX: 31977R2271
Language: en
Date: 1977-10-14 00:00:00
Title: Commission Regulation (EEC) No 2271/77 of 14 October 1977 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine Refugees (UNRWA)

No L 262/ 22                              Official Journal of the European Communities                            15 . 10 . 77
                                     COMMISSION REGULATION (EEC) No 2271 /77
                                                        of 14 October 1977
              opening a new invitation to tender for the mobilization of common wheat flour
              as food aid for the United Nations Relief and Works Agency for Palestine Refu­
                                                          gees (UNRWA)
THE COMMISSION OF THE EUROPEAN                                      Whereas the award under the invitation to tender
COMMUNITIES,                                                        must be made to the tenderer offering the best terms ;
Having regard to the Treaty establishing the European               Whereas, should force majeure make it impossible to
Economic Community,                                                 complete the operation in question within the time
                                                                     limits specified, it must be made clear who is to bear
Having regard to Council Regulation (EEC) No                         the liability for any resulting costs ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ( 1), as last amended by              Whereas provision should be made for security to be
Regulation (EEC) No 1386/77 (2),                                    given for the purpose of guaranteeing that the obliga­
                                                                    tions arising by virtue of participation in the invita­
Having regard to Council Regulation (EEC) No                         tion to tender for supplies to UNRWA will be
2750/75 of 29 October 1975 laying down the condi­                    fulfilled ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                    Whereas the French intervention agency should be
                                                                     made responsible for the tendering procedure in ques­
Whereas on 8 February 1977 the Council of the Euro­                  tion ;
pean Communities declared that it proposed, by way
of Community action, to grant the equivalent of                     Whereas the Commission must be informed quickly
18 000 tonnes of common wheat (in other words                        of the tenders submitted in response to the invitation
13 534 tonnes of common wheat flour) to UNRWA                        and of those accepted by the intervention agency ;
under its 1976/77 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­                 Whereas the Monetary Committee will be consulted ;
tion (EEC) No 2750/75 the goods may be purchased                    whereas, in view of the urgency, the measures envis­
anywhere on the Community market ;                                   aged should be adopted in accordance with the condi­
                                                                     tions laid down in Article 3 (2) of Counil Regulation
                                                                     No 129 on the value of the unit of account and the
Whereas the successful tenderer for Lot 1 (2 000
tonnes) appointed under Commission Regulation                        exchange rates to be applied for the purposes of the
(EEC) No 1861 /77 of 12 August 1977 opening an invi­                 common agricultural policy (5), as last amended by
tation to tender for the mobilization of common                      Regulation (EEC) No 2543/73 (6), and in particular
wheat flour as food aid for the United Nations Relief                Article 3 thereof ;
and Works Agency for Palestine (UNRWA) (4), has
not been able to carry out the execution of this aid ;               Whereas the measures provided for in this Regulation
whereas it is necessary to open a new tender ;                       are in accordance with the opinion of the Manage­
                                                                     ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products delivered Ashdod, that is at
the moment when the goods are actually placed on                     HAS ADOPTED THIS REGULATION :
the dock or in the lighter where applicable ;
Whereas tenders may be submitted by tenderers esta­
                                                                                                Article 1
blished in any Member State of the Community and
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency                1 . Tenders are hereby invited for the supply to
situation in the Member States and in order to ensure                UNRWA, by way of Community food-aid action, of
                                                                     2 000 tonnes of common wheat flour.
that the tenders are as comparable as possible, account
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 ;                       France in one lot. The product shall be mobilized on
                                                                     the Community market. The product shall be loaded
(•) OJ No  L 281 ,  1 . 11 . 1975,  p. 1.                            for departure from any Community port.
{z) OJ  No L  158 , 29 . 6.  1977 , p. 1.
(3) OJ  No L 281 ,  1 . 11 . 1975,  p. 89 .                          (5 ) OJ No 106, 30 . 10 . 1962, p . 2553/62.
(4) OJ  No L 207,   13 . 8 . 1977,  p. 34 .                          (o) OJ No L 263 , 19 . 9 . 1973, p . 1 .
 ---pagebreak--- 15. 10 . 77                        Official Journal of the European Communities                       No L 262/23
3. The invitation to tender provided for in para­            Member State in which the invitation to tender is
graph 1 is for supply of products delivered Ashdod,          issued using :
that is at the moment when the goods are actually            — in the case when the currencies concerned are
placed on the dock or in the lighter where applicable.
                                                                  kept at any given moment within a band of
4. The successful tenderer shall deliver the product              2-25 % , a conversion rate resulting from their
specified in paragraph 1 in new jute sacks of a net               central rate,
capacity of 50 kilograms.                                    —- in other cases, the average of the spot rates of the
                                                                  currencies concerned recorded in the Member
Minimum weight of the sacks shall be 600 grams. The               State in which the invitation to tender is issued
following shall be printed on the sacks :                         during a period from the Wednesday of one week
'Wheat flour / Gift of the European Economic                      to the Tuesday of the following week being the
Community / For free distribution to Palestine refu­              period immediately preceding the closing date for
gees'.                                                            submission of tenders.
To allow for the possibility of re-bagging, the                                      Article 4
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the           The contract shall be awarded to the tenderer offering
goods but with the printing followed by a capital             the best terms, taking into consideration the adjust­
letter ' R'.
                                                              ment referred to in Article 3 (3).
                        Article 2                             However, if the tenders submitted do not appear to
                                                              reflect normal prices and costs, the intervention
 1 . The decision on tenders received in response to          agency may cancel the invitation to tender.
the invitation provided for in Article 1 shall be taken
on 28 October 1977 .                                                                 Article 5
2.     The closing date for the submission of tenders         1 . The tenderer shall give security in an amount of
shall be 28 October 1977 at 12 noon .
                                                              10 units of account per tonne of goods.
3.     The   notice of  invitation  to  tender  shall be      It shall be released :
published in the Official Journal of the European
                                                             — in the case of all tenderers whose tenders are
Communities not less than nine days before the
closing date for the submission of tenders.                       unsuccessful or are not accepted,
                                                             — in the case of the successful tenderer, when the
                        Article 3                                 operations concerned have been carried out within
                                                                  the prescribed time limit and on submission of
 1 . The prices offered must be expressed in the                  the original export licence, duly granted and
currency of the Member State in which the invitation              endorsed by the competent authorities of the
to tender was issued .                                            Member State mentioned in the tender pursuant
                                                                  to Article 3 (2),
2. Tenders must in particular mention the Member             — in the case of the successful tenderer for quantities
State in which the tenderer, in the event of his being            not supplied by reason of force majeure.
declared successful, expects to complete the customs
export formalities for the products concerned .               2. The security required under paragraph 1 may be
                                                              provided in the form of a cash deposit or of a
3.     For the purpose of rendering the tenders compar­      guarantee issued by a credit institution conforming to
able, the prices shall, where appropriate, be corrected       criteria laid down by each Member State.
by the monetary compensatory amount and the acces­
sion compensatory amount applicable on the closing
                                                                                     Article 6
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to              1.    The common wheat flour referred to in Article 1
paragraph 2.                                                  to be supplied to UNRWA must meet the following
Such correction shall be made by :                            requirements :
— increasing prices which mention a Member State             — moisture : 14 % maximum,
     whose currency has depreciated or a new Member          — protein content : 10-5 % minimum (N x 6-25 on
     State,                                                       dry matter),
— reducing prices which mention a Member State               — ash content : 0*62 % maximum referred to dn
     whose currency has been revalued .                           matter .
The monetary compensatory amount shall , where                Flour not meeting these requirements shall b
appropriate, be converted into the currency of the            refused .
 ---pagebreak--- No L 262/24                       Official Journal of the European Communities                               15 . 10 . 77
2.    Tenders for supply to UNRWA of the common              which the operations relating to the tendering are
wheat flour referred to in Article 1 must relate to a        completed.
product with the following characteristics :
                                                             4. The intervention agency shall request the
— moisture : 14 % maximum,                                   successful tenderer to supply the following informa­
— protein content : 10-5 % minimum (N x 6-25 on              tion :
    dry matter),                                             (a) after each shipment, a statement giving details of
— ash content : 0-62 % maximum referred to dry                    the quantities loaded, the quality of the products
    matter.                                                       and the type of packing ;
                                                             (b) the date of the departure of the ships ; the esti­
                        Article 7                                 mated date of arrival of the products at their desti­
                                                                  nation ;
1 . The French intervention agency shall be respon­
sible for organizing the invitation to tender provided       (c) all possible contingencies which might occur
for by this Regulation.                                           during transportation of the products.
2.    It shall forthwith communicate to the Commis­          The information indicated above shall be forwarded
sion the list of firms which have responded to the invi­      by the intervention agency to the Commission imme­
tation to tender, specifying the terms of each tender,        diately upon receipt.
together with the name and business name of the               5. When the intervention agency responsible for
successful tenderer.
                                                              the operations relating to tendering is not the interven­
3 . Where the customs export formalities for the              tion agency which appoints the successful tenderer, it
mobilized product are completed in a Member State             shall send as soon as possible to the latter the informa­
other than that in which the invitation to tender is          tion necessary for releasing the security.
issued, the intervention agency of the latter Member
State shall be responsible for the operations following                               Article 8
tendering, including payment to the successful                As regards this tender the intervention agency is auth­
tenderer.
                                                              orized to make an initial payment of 80 % of the
In such case, the intervention agency choosing the            value of the quantity given in the bill of lading, on
successful tenderer shall immediately inform the inter­       presentation of that document and subject to the
vention agency of the Member State concerned and              taking of a security for an amount equal to the initial
shall supply it with all the information which it may         payment .
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 Article 3 (3) to     publication in the Official Journal of the European
the tenderer in the currency of the Member State in            Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 14 October 1977 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President