CELEX: 31977R0345
Language: en
Date: 1977-02-18 00:00:00
Title: Commission Regulation (EEC) No 345/77 of 18 February 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine (UNRWA)

No L 48 / 16                             Official Journal of the European Communities                            19 . 2. 77
                                      COMMISSION REGULATION (EEC) No 345 /77
                                                       of 18 February 1977
              opening an invitation to tender for the mobilization of common wheat flour as
              food aid for the United Nations Relief and Works Agency for Palestine
                                                             (UNRWA)
THE COMMISSION OF THE EUROPEAN                                       Whereas provision should be made for security to be
 COMMUNITIES,                                                       given for the purpose of guaranteeing that the obliga­
                                                                     tions arising by virtue of participation in the invita­
 Having regard to the Treaty establishing the European               tion to tender for supplies to UNRWA will be ful­
 Economic Community,                                                 filled ;
 Having regard to Council Regulation ( EEC) No                       Whereas the Italian intervention agency should be
 2727/75 of 29 October 1975 on the common organiza­                  made responsible for the tendering procedure ;
 tion of the market in cereals ('), as amended by Regula­
 tion (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
in particular Article 6 thereof,                                    Whereas the Monetary Committee will be consulted ;
                                                                    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 it proposed, by way                   No 129 on the value of the unit of account and the
of Community action , to grant the equivalent of
 13 300 tonnes of common wheat (in other words
                                                                    exchange rates to be applied for the purposes of the
                                                                    common agricultural policy (4), as last amended by
 10 000 tonnes of common wheat flour) to UNRWA
                                                                     Regulation (EEC) No 2543/73 (5), and in particular
under its 1976/77 food-aid programme ;                              Article 3 thereof ;
Whereas pursuant 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 the proposed invitation to tender should be
for supply of the products delivered Ashdod and
Lattakia, that is at the moment when the goods are
actually placed on the dock or in the lighter where
                                                                     HAS ADOPTED THIS REGULATION :
applicable ;
Whereas tenders may be submitted by tenders esta­
blished in any Member State of the Community and                                              Article 1
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
that the tenders are as comparable as possible, account              10 000 tonnes of common wheat flour.
should be taken of the effect on each tender of the
currency situation in the Member State in which the
customs export formalities will be completed ;                      2. The tendering procedure shall take place in Italy
                                                                    in two lots. The product shall be mobilized on the
Whereas the award under the invitation to tender                    Community market. The product shall be loaded for
must be made to the tenderer offering the best terms ;              departure from any Community port.
Whereas should force majeure make it impossible to                  3 . The invitation to tender provided for in para­
complete the operation in question within the time                  graph 1 is for supply of products delivered Ashdod
limits specified, it must be made clear who is to bear              (7 000 tonnes) and Lattakia (3 000 tonnes), that is at
the liability for any costs ;                                       the moment when the goods are actually placed on
                                                                    the dock or in the lighter where applicable.
(') OJ No L 281 , 1 . 11 . 1975 , p . 1 .
(-') OJ No L 354, 24 . 12 . 1976 , p . 1 .                          O OJ No 106, 30 . 10 . 1962, p . 2553/62.
(J ) OJ No L 281 , 1 . 11 . 1975 , p . 89 .                         (5) OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- 19 . 2. 77                         Official Journal of the European Communities                         No L 48 / 17
4. The successful tenderer shall deliver the product              State in which the invitation to tender is issued
specified in paragraph 1 in new jute sacks of a net               during a period from the Wednesday of one week
capacity of 50 kilograms.                                         to the Tuesday of the following week being the
                                                                  period immediately preceding the closing date for
Minimum weight of sacks shall be 600 grams. The                   submission of tenders .
following shall be printed on the sacks :
'Wheat flour / Gift of the European Economic                                         Article 4
Community to UNRWA / For Palestine refugees.'
                                                              The contract shall be awarded to the tenderer offering
To allow for the possibility of re-bagging, the               the best terms, taking into consideration the adjust­
successful tenderer shall supply 2 % of new empty
                                                              ment referred to in Article 3 (3).
sacks, of the same quality as those containing the
goods but with the printing followed by a capital             However, if the tenders submitted do not appear to
letter 'R'.                                                   reflect normal prices and costs, the intervention
                                                              agency may cancel the invitation to tender.
                         Article 2
 1.   The decision on tenders received in response to                                Article 5
the invitation provided for in Article 1 shall be taken
on 4 March 1977 .                                             1 . The tenderer shall give security in an amount of
                                                              10 units of account per tonne of goods.
2.    The closing date for submission of tenders shall
be 4 March 1977 at 12 noon .
                                                              It shall be released :
                                                              — in the case of all tenderers whose tenders are
3.    The notice of invitation      to tender shall be
published in the Official Journal of the European                 unsuccessful or are not accepted,
 Communities not less than nine days before the               — in the case of the successful tenderer, when the
closing date for submission of tenders.                           operations concerned have been carried out within
                                                                  the prescribed time limit and on submission of
                         Article 3                                the original export licence, duly granted and
                                                                  endorsed by the competent authorities of the
 1 . The prices offered must be expressed in the                  Member State mentioned in the tender pursuant
currency of the Member State in which the invitation              to Article 3 (2),
to tender was issued .
                                                              — in the case of the successful tenderer for quantities
 2. Tenders must in particular mention the Member                  not supplied by reason of force majeure.
 State in which the tenderer, in the event of his being
declared successful, expects to complete the customs          2. The security required under paragraph 1 may be
export formalities for the products concerned .               provided in the form of a cash deposit or of a
                                                              guarantee issued by a credit institution conforming to
 3 . For the purpose of rendering the tenders compar­         criteria laid down by each Member State.
 able the prices shall where appropriate, be corrected
 by the monetary compensatory amount and the acces­                                  Article 6
 sion compensatory amount applicable on the closing
 date for submission of tenders to exports from the            1.    The common wheat flour referred to in Article 1
 Member State mentioned in the tender pursuant to             to be supplied to UNRWA must meet the following
 paragraph 2.                                                 requirements :
 Such correction shall be made by :                           — moisture : 14 % maximum,
 — increasing prices which mention a Member State             — protein content : 10-5% minimum (N x 6-25 on
     whose currency has depreciated or a new Member                dry matter),
     State,                                                   — ash content : 0-62 % maximum referred to dry
                                                                   matter .
 — reducing prices which mention a Member State
     whose currency has been revalued .
                                                               Flour not meeting these requirements shall be
 The monetary compensatory amount shall , where               refused .
 appropriate, be converted into the currency of the
 Member State in which the invitation to tender is             2.    Tenders for supply to UNRWA of the common
                                                              wheat flour referred to in Article 1 must relate to a
 issued using :
                                                               product with the following characteristics :
 — 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 other cases, the average of the spot rates of the       — ash content : 0-62 % maximum referred to dry
     currencies    concerned  recorded  in  the  Member            matter .
 ---pagebreak--- No L 48/ 18                       Official Journal of the European Communities                                19 . 2 . 77
                        Article 7                             4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
1 . The Italian intervention agency shall be respon­          tion :
sible for the operations relating to the invitation to
tender provided for by this Regulation .                      (a) after each shipment, a statement giving details of
2.    It shall forthwith communicate to the Commis­               the quantities loaded, the quality of the products
sion the list of firms which have responded to the invi­          and the type of packing ;
tation to tender, specifying the terms of each tender,        (b) the date of the departure of the ships ; the esti­
together with the name and business name of the                   mated date of arrival of the products at their desti­
successful tenderer.                                              nation ;
3. Where the customs export formalities for the               (c) all possible contingencies which might occur
mobilized product are completed in a Member State                 during transportation of the products.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member          The information indicated above shall be forwarded
State shall be responsible for the operations following       by the intervention agency to the Commission imme­
tendering, including payment to the successful ten­           diately upon receipt.
derer.
                                                              5. When the intervention agency responsible for
In such case, the intervention agency choosing the            the operations relating to tendering is not the interven­
successful tenderer shall immediately inform the inter­       tion agency which appoints the successful tenderer, it
vention agency of the Member State concerned and              shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may         tion necessary for releasing the security.
require.
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                   Article 8
average of the spot rates referred to in Article 3 (3) to
the tenderer in the currency of the Member State in           This Regulation shall enter into force on the day of its
which the operations relating to the tendering are            publication in the Official Journal of the European
completed .                                                    Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 18 February 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President