CELEX: 31976R2872
Language: en
Date: 1976-11-26 00:00:00
Title: Commission Regulation (EEC) No 2872/76 of 26 November 1976 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services

27. 11 . 76                             Official Journal of the European Communities                         No L 329/51
                                  COMMISSION REGULATION (EEC) No 2872/76
                                                    of 26 November 1976
              opening an invitation to tender for the mobilization of common wheat flour as
                                         food aid for the Catholic Relief Services
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 the Catholic Relief
Economic Community,                                                Services will be fulfilled ;
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 the tendering procedure ;
tion of the market in cereals (*), as amended by Regula­
tion (EEC) No 1 143/76 (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 25 March 1976 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 1 000              exchange rates to be applied for the purposes of the
metric tons of common wheat (in other words 662                    common agricultural policy (4), as last amended by
metric tons of common wheat flour) to the Catholic                 Regulation (EEC) No 2543/73 (5), and in particular
Relief    Services     under      its    1975/76     food-aid      Article 3 thereof ;
programme ;
                                                                   Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­               are in accordance with the opinion of the Manage­
tion (EEC) No 2750/75 the goods may be purchased                   ment Committee for Cereals,
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
                                                                   HAS ADOPTED THIS REGULATION :
for supply of the products to the dock or in the
lighter where applicable at the port of unloading ;
                                                                                            Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
may relate to products mobilized anywhere within                   1 . Tenders are hereby invited for the supply to the
those Member States ; whereas, in view of the currency             Catholic Relief Services by way of Community action,
situation in the Member States and in order to ensure              of 662 metric tons of common wheat flour.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                2. The tendering procedure shall take place in
currency situation in the Member State in which the                Belgium in three lots. The product shall be mobilized
customs export formalities will be completed ;                     on the Community market. The products shall be
                                                                   loaded for departure from any Community port.
Whereas the award under the invitation to tender
must be made in favour of the tenderer offering the                3 . The invitation to tender provided for in para­
best terms ;                                                      graph 1 is for supply of products to the dock, or in
                                                                   the lighter where applicable in one of the ports of
Whereas, should force majeure make it impossible to                unloading listed in the Annex hereto.
complete the operation in question within the time
limits specified, it must be made clear who is to bear             4. The successful tenderer shall deliver the product
the liability for any resulting costs ;                            specified in paragraph 1 in new jute sacks of a net
                                                                  capacity of 50 kilogrammes.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 130, 19 . 5 . 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 329/52                       Official Journal of the European Communities                            27. 11 . 76
The following shall be printed on the sacks :                                         Article 4
 Harina de trigo — Donacion de la Comunidad econ­            The contract shall be awarded to the tenderer offering
ómica europea para Cathwel Chile — Destinada a la            the best terms, taking into consideration the adjust­
distribución gratuita.'                                      ment referred to in Article 3 (3).
                                                             However, if the tenders submitted do not appear to
                        Article 2
                                                             reflect normal market prices and costs, the interven­
                                                             tion agency may cancel the invitation to tender.
1 . The decision on tenders received in response to
the invitation provided in Article 1 shall be taken on
10 December 1976.                                                                     Article 5
2.    The closing date for the submission of tenders          1 . The tenderer shall give security in an amount of
shall be 10 December 1976 at 12 noon .                        10 units of account per metric ton 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                    unsuccessful or are not accepted,
closing date for the submission of tenders.                  — in the case of the successful tenderer, when the
                                                                   operations concerned have been carried out within
                        Article 3                                  the prescribed time limit and on submission of
                                                                   the original export licence duly granted and
1 . The prices offered must be expressed in the                    endorsed by the competent authorities of the
currency of the Member State in which the invitation               Member State mentioned in the tender pursuant
to tender was issued.                                              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          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
 sion compensatory amount applicable on the closing                                   Article 6
 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
 paragraph 2.                                                 must meet the following requirements :
                                                              — moisture : 1 2 % maximum,
 Such correction shall be made by :
                                                              — protein content : 1 0-5 % minimum (N x 6-25 on
 — increasing prices which mention a Member State                  dry matter),
     whose currency has depreciated or a new Member           — ash content : 0*52 % maximum referred to dry
     State,                                                         matter.
 — reducing prices which mention a Member State
     whose currency has been revalued.                         Flour not meeting these requirements shall be
                                                               refused .
 The monetary compensatory amount shall, where
 appropriate, be converted into the currency of the            2. Tenders for supply of the common wheat flour
 Member State in which the invitation to tender is             referred to in Article 1 must relate to a product with
 issued using :                                                the following characteristics :
 — in the case when the currencies concerned are              — moisture : 1 2 % maximum,
     kept at any given moment within a band of                — protein content : 10-5 % minimum (N x 6-25 on
     2-25 % , a conversion rate resulting from their                dry matter),
     central rate,                                             — ash content : 0-52 % maximum referred to dry
                                                                    matter.
 — in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member
     State in which the invitation to tender is issued                                 Article 7
     during a period from the Wednesday of one week
     to the Tuesday of the following week being the            1 . The Belgian intervention agency shall be respon­
     period immediately preceding the closing date for         sible for the operations relating to the invitation to
     submission of tenders .                                   tender provided for by this Regulation.
 ---pagebreak--- 27. 11 . 76                         Official Journal of the European Communities                                       No L 329/53
2.    It shall forthwith communicate to the Commis­                 4. The intervention agency shall ask that the
sion the list of firms which have responded to the invi­            tenderer specifies the following information :
tation to tender, specifying the terms of each tender,              (a) after each shipment, a statement giving details of
together with the name and business name of the                         the quantities loaded, the quality of the products
successful tenderer.
                                                                        and their packaging ;
3. Where the customs export formalities for the                     (b) the date of the departure of the ships, the expected
mobilized product are completed in a Member State                       date of arrival of the products at their destination ;
other than that in which the invitation to tender is
                                                                    (c) all possible contingencies which might occur
issued, the intervention agency of the latter Member                    during transportation of the products.
State shall be responsible for the operations following
tendering, including payment to the successful                      The intervention agency shall transmit the informa­
tenderer.                                                           tion provided for to the Commission as soon as it is
                                                                    received .
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­             5. When the intervention agency responsible for
vention agency of the Member State concerned and                    the operations relating to tendering is not the interven­
shall supply it with all the information which it may               tion agency which appoints the successful tenderer, it
require.                                                            shall send as soon as possible to the latter the informa­
                                                                    tion necessary for releasing the security.
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 the second
subparagraph of Article 3 (3), to the tenderer in the               This Regulation shall enter into force on the day of its
currency of the Member State in which the operations                publication in the Official Journal of the European
relating to the tendering are completed.                            Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 26 November 1976.
                                                                               For the Commission
                                                                                 P.J. LARDINOIS
                                                                          Member of the Commission
                                                              / NNIiX
                  Number                                                                                      Metric
                                         Port <>t unlo.idin ^           Minimum rati· ot unlo.nlmj;
                   of lot                                                                                   tonnée cif
                     1      Valparaiso                                                                         200
                     2      Coquimbo                                   Customs of the port                     172
                     3      Talcahuano                                                                         290