CELEX: 31977R0976
Language: en
Date: 1977-05-06 00:00:00
Title: Commission Regulation (EEC) No 976/77 of 6 May 1977 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of Sri Lanka

7. 5. 77                                 Official Journal of the European Communities                          No L 116/ 5
                                     COMMISSION REGULATION (EEC) No 976/77
                                                          of 6 May 1977
               opening an invitation to tender for the mobilization of common wheat flour as
                                                aid for the Republic of Sri Lanka
 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 goods to the Republic of Sri Lanka ;
 Economic Community,
                                                                    Whereas the French intervention agency should be
 Having regard to Council Regulation (EEC) No                        made responsible for the tendering procedure in ques­
 2727/75 of 29 October 1975 on the common organiza­                  tion ;
 tion of the market in cereals ('), as last amended by
 Regulation (EEC) No 3138 /76 (2),                                  Whereas the Commission must be informed quickly
                                                                     of the tenders submitted in response to the invitation
 Having regard to Council Regulation (EEC) No                        and of those accepted by the intervention agency ;
 2750/75 of 29 October 1975 laying down the condi­
 tions for the mobilization of cereals as food aid (3), and         Whereas the Monetary Committee will be consulted ;
 in particular Article 6 thereof,                                   whereas, in view of the urgency, the measures envis­
                                                                    aged should be adopted in accordance with the condi­
 Whereas on 8 February 1977 the Council of the Euro­                 tions laid down in Article 3 (2) of Council Regulation
 pean Communities declared that by way of Commu­                     No 129 on the value of the unit of account and the
 nity action it proposed to grant the Republic of Sri               exchange rates to be applied for the purposes of the
 Lanka the equivalent of 30 000 tonnes of common                    common agricultural policy (4), as last amended by
 wheat, in the form of flour, i.e. 19 868 tonnes of                  Regulation (EEC) No 2543/73 (5 ), and in particular
 common wheat flour, under its 1976/77 food-aid                     Article 3 thereof ;
 programme ;
 Whereas pursuant to Article 3 (3) of Council Regula­
                                                                    Whereas the measures provided for in this Regulation
 tion (EEC) No 2750/75 the goods may be purchased                   are in accordance with the opinion of the Manage­
                                                                     ment Committee for Cereals,
 anywhere on the Community market ;
 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             HAS ADOPTED THIS REGULATION :
 nated by the recipient or its agent ;
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 . An invitation to tender shall be issued in respect
 situation in the Member States and in order to ensure              of the supply of 19 868 tonnes of common wheat
                                                                    flour to the Republic of Sri Lanka by way of Commu­
 that the tenders are as comparable as possible, account
 should be taken of the effect on each tender of the                nity food-aid action .
 currency situation in the Member State in which the
 customs export formalities will be completed ;                     2. The tendering procedure shall take place in
                                                                     France in one lot. The product shall be mobilized on
Whereas the contract should be awarded                  to the      the Community market. The product shall be loaded
tenderer offering the best terms ;                                  for departure from any Community port.
Whereas in case it should be impossible for reasons of              3 . The product referred to in paragraph 1 is to be
force majeure to complete the operation in question                 delivered in new jute sacks with a maximum gross
within the set time limits, it must be made clear who               weight of 68 058 kilograms (minimum weight of sack
is to bear any costs resulting therefrom ;                          being 910 grams) to the port of shipment in the
                                                                    vicinity of the vessel . The goods must be set down at
(') OJ No L 281 , 1 . 11 . 1 975, p. 1 .
(2) OJ No L 354, 24. 12. 1976, p. 1 .                               (4) 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 116/ 6                        Official Journal of the European Communities                                7. 5 . 77
the place nominated by the recipient country or its          — in the other cases, the average of the spot rates of
agent, the timing of delivery being settled by the                the currencies concerned recorded in the Member
tenderer and the recipient country's agent.                       State in which the invitation to tender is issued
                                                                  during a period from the Wednesday of one week
4. The following shall be printed on the sacks :                  to the Tuesday of the following week being the
'Wheat flour / Gift of the European Economic                      period immediately preceding the closing date for
Community to Sri Lanka'.                                          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 market prices and costs, the interven­
 1.    The decision on tenders received in response to       tion agency may cancel the invitation to tender.
the invitation provided for in Article 1 shall be taken
on 23 May 1977 .                                                                      Article 5
2.     The closing date for submission of tenders shall       If the tenderer is unable to deliver the goods in
be 23 May 1977 at 12 noon .
                                                             compliance with Article 1 (3) on the date given in the
3.     The    notice of invitation  to  tender shall  be      notice of invitation to tender as a result of the late
published in the Official Journal of the European            availability of the vessels to be used for sea transporta­
Communities not less than nine days before the               tion, the resulting costs shall be borne by the interven­
closing date for submission of tenders .                     tion agency.
                         Article 3                                                    Article 6
 1 . The prices offered must be expressed in the              1 . The tenderer shall give security of a value of 10
currency of the Member State in which the invitation         units of account per tonne of goods.
to tender was issued .
                                                              It shall be released :
2. Tenders must in particular mention the Member             — in the case of all tenderers whose tenders are
State in which the tenderer, in the event of his being
                                                                  unsuccessful or are not accepted,
declared successful , expects to complete the customs
export formalities for the products concerned .              — in the case of the successful tenderer, when the
                                                                  operations concerned have been carried out within
3.     For the purpose of rendering the tenders compar­           the prescribed time limit and on submission of
able, the prices shall , where appropriate, be corrected          the original export licence duly granted and
by the monetary compensatory amount and the acces­                endorsed by the competent authorities of the
sion compensatory amount applicable on the closing                Member State mentioned in the tender pursuant
date for submission of tenders to exports from the                to Article 3 (2),
Member State mentioned in the tender pursuant to             — in the case of the successful tenderer for quantities
paragraph 2.                                                       not supplied by reason of force majeure.
Such correction shall be made by :                            2. The security required under paragraph 1 may be
— increasing prices which mention a Member State              provided in the form of a cash deposit or of a
     whose currency has depreciated or a new Member          guarantee issued by a credit institution conforming to
     State ,                                                  criteria laid down by each Member State.
— reducing prices which mention a Member State
     whose currency has been revalued .                                               Article 7
                                                              1 . The goods referred to in Article 1 which are to
The monetary compensatory amount shall , where                be supplied to the Republic of Sri Lanka must meet
appropriate, be converted into the currency of the
Member State in which the invitation to tender is
                                                              the following requirements :
issued using :                                               — moisture : 14% maximum ;
— in the case when the currencies concerned are              — protein content : 1 0-5 % minimum (N x 6-25 on
     kept at any given moment within a band of                    dry matter) ;
     2-25 % , a conversion rate resulting from their         — ash content : 0-52 % maximum referred to dry
     central rate ,                                                matter .
 ---pagebreak--- 7 . 5 . 77                          Official Journal of the European Communities                            No L 116/7
If the goods referred to in Article 1 do not meet the          Furthermore, the amount of the successful tender
foregoing requirements they shall be rejected and the          shall be paid after it has been converted using the
successful tenderer shall be owner thereof.                    average of the spot rates referred to in the second
                                                               subparagraph of Article 3 (3) to the tenderer in the
2. Tenders for supply to thfe Republic of Sri Lanka            currency of the Member State in which the operations
of the goods referred to in Article 1 must relate to           relating to the tendering are completed .
products with the following characteristics :
— moisture : 14% maximum ;
                                                               4. The intervention agency shall request the
                                                               successful tenderer to supply the following informa­
— protein content : 10-5% minimum ( N x 625                    tion :
     on dry matter) ;
                                                               (a) after each shipment a certificate showing the quan­
— ash content : 0-52 % maximum referred to dry                     tities dispatched and the quality of the products ;
     matter .
                                                               (b) the date of departure of the vessels.
                          Article 8                            The information indicated above shall be forwarded
                                                               by the intervention agency to the Commission imme­
1 . The French intervention agency shall be respon­            diately upon receipt.
sible for organizing the invitation to tender provided
for by this Regulation .                                       5. When the intervention agency responsible for
                                                               the operations relating to tendering is not the interven­
2.      It shall forthwith communicate to the Commis­          tion agency which appoints the successful tenderer, it
sion the list of firms which have responded to the invi­       shall send as soon as possible to the latter the informa­
tation to tender, specifying the terms of each tender,         tion necessary for releasing the security.
together with the name and business name of the
successful tenderer.                                                                    Article 9
3 . Where the customs export formalities for the               On delivery of the goods at the port of shipment, a
mobilized product are completed in a Member State              handing-over certificate shall be supplied to the
other than that in which the invitation to tender is           successful tenderer, acting as agent for the Commu­
issued, the intervention agency of the latter Member           nity, by the agent of the recipient country, or, in the
State shall be responsible for the operations following        absence of the latter, by the intervention agency of the
tendering, including payment to the successful                 Member State in whose territory the port of shipmenl
tenderer.                                                      is situated .
In this case, the intervention agency choosing the                                     Article 10
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, 6 May 1977 .
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President