CELEX: 31975R1012
Language: en
Date: 1975-04-18 00:00:00
Title: Regulation (EEC) No 1012/75 of the Commission of 18 April 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations High Commission for Refugees

No L 98 / 8                             Official Journal of the European Communities                            19 . 4 . 75
                             REGULATION ( EEC) No 1012/75 OF THE COMMISSION
                                                       of 18 April 1975
                opening an invitation to tender for the mobilization of common wheat flour as
                          food aid for the United Nations High Commission for Refugees
THE COMMISSION OF THE EUROPEAN                                    Whereas, should force majeure make it impossible to
COMMUNITIES,                                                      complete the operation in question within the time
                                                                   limits specified, it must be made clear who is to bear
                                                                   the liability for any resulting costs ;
Having regard to the Treaty establishing the European
Economic Community ;
                                                                  Whereas provision should be made for security to be
                                                                  given for the purpose of guaranteeing that the obliga­
Having regard to Council Regulation No 120/                       tions arising by virtue of participation in the invita­
67/EEC (') of 13 June 1967 on the common organiza­                tion to tender for supplies to the United Nations
tion of the market in cereals, as last amended by Regu­            High Commission for Refugees will be fulfilled ;
lation (EEC) No 665/75 (2) ;
                                                                  Whereas the Danish intervention agency should be
Having regard to Council Regulation (EEC) No                      made responsible for the tendering procedure ;
 1 693/72 (3 ) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid , and           Whereas the Commission must be informed quickly
in particular Article 6 thereof ;                                 of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
Whereas on 3 March 1975 the Council of the Euro­
pean Communities declared that it proposed, by way                Whereas the Monetary Committee will be consulted ;
of Community action, to grant the equivalent of 5 000             whereas, in view of the urgency, the measures envis­
metric tons of common wheat (in other words, 3 311                aged should be adopted in accordance with the condi­
metric tons of common wheat flour) to the United                  tions laid down in Article 3 (2) of Council Regulation
Nations High Commission for Refugees under its                    No 129 (4) on the value of the unit of account and the
 1974/75 food-aid programme ;                                     exchange rates to be applied for the purposes of the
                                                                  common agricultural policy, as last amended by Regu­
                                                                  lation (EEC) No 2543/73 (5), and in particular Article
Whereas pursuant to Article 3 (3) of Council Regula­              3 thereof ;
tion (EEC) No 1693/72 the goods may be purchased
anywhere on the Community market ;
                                                                  Whereas the measures provided for in this Regulation
                                                                  are in accordance with the Opinion of the Manage­
Whereas tenders should be invited for the supply of               ment Committee for Cereals,
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
that the tenders are as comparable as possible, account            1 . Tenders are hereby invited for the supply to the
should be taken of the effect on each tender of the               United Nations High Commission for Refugees by
currency situation in the Member State in which the               way of a Community food-aid action of 3 311 metric
customs export formalities will be completed ;                    tons of common wheat flour.
Whereas the award under the invitation to tender                  2. The tendering procedure shall take place in
must be made in favour of the tenderer offering the               Denmark in one lot. The product shall be mobilized
best terms ;                                                      on the Community market. The products shall be
                                                                  loaded for departure from any Community port.
(M OJ No 117, 19 . 6 . 1967, p. 2269/67.
(2 ) OJ No L 72, 20 . 3 . 1975 , p. 14.                           (4) OJ No 106, 30. 10. 1962, p. 2553/62.
(3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 .                           (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- 19 . 4 . 75                         Official Journal of the European Communities                           No L 98 /9
3 . The product referred to in paragraph 1 is to be                 State in which the invitation to tender is issued
delivered in new cotton sacks of a net capacity of 50               during a period from the Wednesday of one week
kilogrammes to the port of shipment in the vicinity of              to the Tuesday of the following week being the
the vessel . The goods must be set down at the place                period immediately preceding the closing date for
nominated by the recipient country or its agent, the                submission of tenders .
timing of delivery being settled by the tenderer and
the recipient country's agent.                                                          Article 4
The following shall be printed on the sacks :                  The contract shall be awarded to the tenderer offering
'Wheat flour — gift of the European Community to               the best terms, taking into consideration the adjust­
the UNHCR for free distribution to Cyprus popula­              ment referred to in Article 3 (3).
tion .'
                                                               However, if the tenders submitted do not appear to
                                                               reflect normal market prices and costs, the interven­
                         Article 2                             tion agency may cancel the invitation to tender.
 1 . The decision on tenders received in response to                                    Article 5
the invitation provided for in Article 1 shall be taken
oh 2 May 1975 .                                                 1 . The tenderer shall give security in an amount of
 2.     The closing date for the submission of tenders          10 units of account per metric ton of goods .
shall be 2 May 1975 at 12 noon .                               It shall be released :
 3.     The  notice  of  invitation  to  tender shall  be      — in the case of all tenderers whose tenders are
 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 the 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         2. The security required under paragraph 1 may be
 declared successful, expects to complete the customs           provided in the form of a cash deposit or of a
 export formalities for the products concerned .                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              1.    The common wheat flour referred to in Article 1
 date for submission of tenders to exports from the
  Member State mentioned in the tender pursuant to               to be supplied to the United Nations High Commis­
  paragraph 2.                                                   sion for Refugees must meet the following require­
                                                                 ments :
  Such correction shall be made by :                             — moisture : 12% 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 : 0-52 % maximum referred to dry
                                                                      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 to the United Nations High
  Member State in which the invitation to tender is
                                                                 Commission for Refugees of the common wheat flour
  issued using :                                                 referred to in Article 1 must relate to a product with
  — in the case when the currencies concerned are                the following characteristics :
      kept at any given moment within a band of                  — moisture : 1 2 % maximum ;
      2-25 % , a conversion rate resulting from their            — protein content : 10-5 % minimum (N x 6-25 on
      central rate ,                                                  dry matter) ;
  — in the other cases, the average of the spot rates of         — ash content : 0-52 % maximum referred to dry
      the currencies concerned recorded in the Member                 matter .
 ---pagebreak--- No L 98 / 10                       Official Journal of the European Communities                               19 . 4 . 75
                        Article 7                             4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
1 . The Danish intervention agency shall be respon­           tion :
sible for organizing the invitation to tender provided
for by this Regulation .                                      (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
2.    It shall forthwith communicate to the Commis­
                                                              (b) the date of departure of the vessels.
sion the list of firms which have responded to the invi­
                                                              The information indicated above shall be forwarded
tation to tender, specifying the terms of each tender,
together with the name and business name of the               by the intervention agency to the Commission imme­
successful tenderer.                                          diately upon receipt.
3 . Where the customs export formalities for the              5 . When the intervention agency responsible for
mobilized product are completed in a Member State             the operations relating to tendering is not the interven­
other than that in which the invitation to tender is          tion agency which appoints the successful tenderer, it
issued, the intervention agency of the latter Member          shall send as soon as possible to the latter the informa­
State shall be responsible for the operations following       tion necessary for releasing the security.
tendering,    including   payment    to   the  successful                             Article 8
tenderer .
                                                              On delivery of the goods at the port of shipment, a
In such case, the intervention agency choosing the            handing-over certificate shall be supplied to the
successful tenderer shall immediately inform the inter­       successful tenderer, acting as agent for the Commu­
vention agency of the Member State concerned and              nity, by the agent of the recipient country or, in the
shall supply it with all the information which it may         absence of the latter, by the intervention agency of the
require.                                                      Member State in whose territory the port of shipment
                                                              is situated .
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                   Article 9
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, 18 April 1975 .
                                                                         For the Commission
                                                                            P.J. LARDINOIS
                                                                     Member of the Commission