CELEX: 31976R1124
Language: en
Date: 1976-05-14 00:00:00
Title: Commission Regulation (EEC) No 1124/76 of 14 May 1976 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Hashemite Kingdom of Jordan

15. 5. 76                              Official Journal of the European Communities                        No L 127/ 19
                                  COMMISSION REGULATION (EEC) No 1124/76
                                                        of 14 May 1976
              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 (EEC) No                       Whereas the Belgian intervention agency should be
2727/75 of 29 October 1975 on the common organiza­                 made responsible for organizing the invitation to
tion of the market in cereals (J), as amended by Regula­           tender ;
tion (EEC) No 832/76 (2),
                                                                  Whereas it is important that the Commission be
Having regard to Council Regulation (EEC) No                       informed without delay of the tenders submitted in
2750/75 of 29 October 1975 laying down the condi­                  response to the invitation and of those accepted by
tions for the mobilization of cereals as food aid (3), and         the intervention agency ;
in particular Article 6 thereof,
                                                                   Whereas the Monetary Committee will be consulted ;
Whereas on 25 March 1976 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 14 000 metric                  No 129 on the value of the unit of account and the
tons of common wheat, in the form of flour, i.e. 9 272             exchange rates to be applied for the purposes of the
metric tons of common wheat flour, under its 1 975/76              common agricultural policy (4), as last amended by
food-aid programme ;                                               Regulation (EEC) No 2543/73 (5), and in particular
                                                                  Article 3 thereof ;
Whereas purusuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 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 9 272 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 ;
Whereas the contract should be awarded to the
                                                                   2. The tendering procedure shall take place in the
tenderer who makes the best offer ;
                                                                   Kingdom of Belgium and shall be in respect of a
                                                                  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.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 100, 14. 4. 1976, p. 1 .                              (4) OJ No 106, 30. 10. 1962, p. 2553/62.
(}) OJ No L 281 , 1 . 11 . 1975, p. 89.                           (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 127/20                        Official Journal of the European Communities                            15. 5 . 76
5. The product referred to in paragraph 1 is to be           — in the other cases, the average of the spot rates of
delivered in new cotton sacks of a net capacity of 50             the currencies concerned recorded in the Member
kg to the port of shipment in the vicinity of the                 State in which the invitation to tender is issued
vessel. The goods must be set down at the place nomi­             during a period from the Wednesday of one week
nated by the recipient country or its agent, the timing           to the Tuesday of the following week being the
of delivery being settled by the tenderer and the recip­          period immediately preceding the closing date for
ient country's agent.                                             submission of tenders.
6.    The following shall be printed on the sacks :
                                                                                     Article 4
'Wheat flour — Gift of the European Economic
Community to the Hashemite Kingdom of Jordan —               The contract shall be awarded to the tenderer offering
For free distribution '.                                      the best terms, taking into consideration the adjust­
                                                              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 28        tion agency may cancel the invitation to tender.
May 1976.
2. The closing date for submission of tenders shall                                  Article 5
be 28 May 1976 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 3                           — in the case of the successful tenderer, when the
                                                                  operations concerned have been carried out within
1 . The prices offered must be expressed in the                   the prescribed time limit and on submission of
currency of the Member State in which the invitation              the original export licence duly granted and
to tender was issued.                                             endorsed by the competent authorities of the
                                                                  Member State mentioned in the tender pursuant
2. Tenders must in particular mention the Member                  to Article 3 (2),
State in which the tenderer, in the event of his being
                                                             — in the case of the successful tenderer for quantities
declared successful, expects to complete the customs
export formalities for the products concerned.                    not supplied by reason of force majeure.
                                                             2. The security required under paragraph 1 may be
3. For the purpose of rendering the tenders compar­
                                                              provided in the form of a cash deposit or of a
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount and the acces­
                                                             guarantee issued by a credit institution conforming to
                                                             criteria laid down by each Member State.
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to                                     Article 6
paragraph 2.
                                                              1 . The goods referred to in Article 1 which are to
Such correction shall be made by :                           be supplied to the Hashemite Kingdom of Jordan
                                                             must meet the following requirements :
— increasing prices which mention a Member State
    whose currency has depreciated or a new Member            common wheat flour :
    State,
                                                             — moisture content : 1 5 % maximum ;
— reducing prices which mention a Member State
    whose currency has been revalued.                        — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
                                                                  lated on the dry matter) ;
The monetary compensatory amount shall, where                — ash content : 0-52 % maximum on the dry matter.
appropriate, be converted into the currency of the
Member State in which the invitation to tender is             If the goods referred to in Article 1 do not meet the
issued using :                                               foregoing requirements they shall be rejected and the
                                                             successful tenderer shall be owner thereof.
— in the case when the currencies concerned are
    kept at any given moment within a band of                2. Tenders for supply to the Hashemite Kingdom
    2*25 % , a conversion rate resulting from their          of Jordan of the goods referred to in Article 1 must
    central rate .                                           relate to products with the following characteristics :
 ---pagebreak--- 15 . 5 . 76                        Official Journal of the European Communities                         No L 127/21
common wheat flour :                                          subparagraph of Article 3 (3) to the tenderer in the
—- moisture content : 1 5 % maximum ;                         currency of the Member State in which the operations
                                                              relating to the tendering are completed.
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­
     lated on the dry matter) ;                               4. The intervention agency shall request the
— ash content : 0-52 % maximum on the dry matter.             successful tenderer to supply the following informa­
                                                              tion :
                         Article 7                            (a) after each shipment a certificate showing the quan­
                                                                  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
provided for by this Regulation.                              The information indicated above shall be forwarded
                                                              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 agency responsible for the operations
together with the name and business name of the               relating to tendering is not the intervention agency
successful tenderer.                                          which appoints the successful tenderer, it shall send as
                                                              soon as possible to the latter the information neces­
3. Where the customs export formalities for the               sary 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 agency of the latter Member
State shall be responsible for the operations following       On delivery 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 tender, acting as agent for the Community,
                                                              by the agent of the recipient country or, in the
In such case, the intervention agency choosing the            absence of the latter, by the intervention agency of the
successful tenderer shall immediately inform the inter­       Member State in whose territory the port of shipment
vention agency of the Member State concerned and              is situated.
shall supply it with all the information which it may
require.                                                                              Article 9
Furthermore, the amount of the successful tender              This Regulation shall enter into force on the day of its
shall be paid after it has been converted using the           publication in the Official Journal of the European
average of the spot rates referred to in the second           Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 14 May 1976.
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                    Member of the Commission