CELEX: 31976R2751
Language: en
Date: 1976-11-13 00:00:00
Title: Commission Regulation (EEC) No 2751/76 of 12 November 1976 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of Sri Lanka

13. 11 . 76                             Official Journal of the European Communities                          No L 312/27
                                  COMMISSION REGULATION (EEC) No 2751/76
                                                     of 12 November 1976
              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 amended by Regula­
tion (EEC) No 1143/76 (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 Moneatry 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 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 1 5 000 metric tons of                     common agricultural policy (4), as last amended by
common wheat, in the form of flour, i.e. 9 934 metric
                                                                   Regulation (EEC) No 2543/73 (5), and in particular
tons of common wheat flour, under its 1975/76 food­                Article 3 thereof ;
aid 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 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                   1 . An invitation to tender shall be issued in respect
those Member States ; whereas, in view of the currency             of the supply of 9 934 metric tons of common wheat
situation in the Member States and in order to ensure
                                                                   flour to the Republic of Sri Lanka by way of Commu­
that the tenders are as comparable as possible, account            nity food-aid action.
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
                                                                   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 kg (minimum weight of sack being
is to bear any costs resulting therefrom ;                         910 gr) to the port of shipment in the vicinity of the
                                                                   vessel . The goods must be set down at the place nomi­
(>) 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 312/28                        Official Journal of the European Communities                             13 . 11 . 76
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.
4.     The following shall be printed on the * sacks :
                                                                                       Article 4
'Wheat flour / Gift of the European Economic
Community to Sri Lanka'.                                      The contract shall be awarded to the tenderer offering
                                                              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
 1 . The decision on tenders received in response to          reflect normal market prices and costs, the interven­
the invitation provided for in Article 1 shall be taken       tion agency may cancel the invitation to tender.
on 26 November 1976.
                                                                                       Article 5
2.     The closing date for submission of tenders shall
be 26 November 1976 at 12 noon .
                                                              If the tenderer is unable to deliver the goods in
 3.    The   notice of invitation to tender shall be          compliance with Article 1 (3) on the date given in the
                                                              notice of invitation to tender as a result of the late
 published in the Official Journal of the European
 Communities not less than nine days before the               availability of the vessels to be used for sea transporta­
 closing date for submission of tenders.                      tion, the resulting costs shall be borne by the interven­
                                                              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
 to tender was issued .
                                                              units of account per metric ton of goods.
                                                               It shall be released :
 2. Tenders must in particular mention the Member
 State in which the tenderer, in the event of his being       — in the case of all tenderers whose tenders are
 declared successful, expects to complete the customs               unsuccessful or are not accepted,
 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
 paragraph 2.                                                  — in the case of the successful tenderer for quantities
                                                                    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
 The monetary compensatory amount shall, where                  1 . The goods referred to in Article 1 which are to
 appropriate, be converted into the currency of the            be supplied to the Republic of Sri Lanka must meet
 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
      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          If the goods referred to in Article 1 do not meet the
      State in which the invitation to tender is issued        foregoing requirements they shall be rejected and the
      during a period from the Wednesday of one week           successful tenderer shall be owner thereof.
 ---pagebreak---    13 . 11 . 76                      Official Journal of the European Communities                          No L 312/29
  2. Tenders for supply to the Republic of Sri Lanka            average of the spot rates referred to in the second
  of the goods referred to in Article 1 must relate to          subparagraph of Article 3 (3) to the tenderer in the
  products with the following characteristics :                 currency of the Member State in which the operations
  — moisture : 14 % maximum :                                   relating to the tendering are completed.
  — protein content : 10-5 % minimum (N x 6-25 on               4. The intervention agency shall request the
       dry matter) ;                                            successful tenderer to supply the following informa­
  — ash content : 0*52 % maximum referred to dry                tion :
        matter.
                                                                (a) after each shipment a certificate showing the quan­
                                                                    tities dispatched and the quality of the products ;
                           Article 8                            (b) the date of departure of the vessels.
  1 . The French intervention agency shall be respon­           The information indicated above shall be forwarded
  sible for organizing the invitation to tender provided        by the intervention agency to the Commission imme­
  for by this Regulation.                                       diately upon receipt.
  2.     It shall forthwith communicate to the Commis­          5. When the intervention agency responsible for
  sion the list of firms which have responded to the invi­      the operations relating to tendering is not the interven­
  tation to tender, specifying the terms of each tender,        tion agency which appoints the successful tenderer, it
  together with the name and business name of the               shall send as soon as possible to the latter the informa­
  successful tenderer.                                          tion necessary for releasing the security.
  3. Where the customs export formalities for the
                                                                                        Article 9
  mobilized product are completed in a Member State
  other than that in which the invitation to tender is
                                                                On delivery of the goods at the port of shipment, a
  issued, the intervention agency of the latter Member          handing-over certificate shall be supplied to the
  State shall be responsible for the operations following       successful tenderer, acting as agent for the Commu­
  tendering, including payment to the successful                nity, by the agent of the recipient country, or, in the
  tenderer.
                                                                absence of the latter, by the intervention agency of the
  In this case, the intervention agency choosing the            Member State in whose territory the port of shipment
                                                                is situated.
  successful tenderer shall immediately inform the inter­
  vention agency of the Member State concerned and
  shall supply it with all the information which it may                                 Article 10
  require.
                                                                This Regulation shall enter into force on the day of its
  Furthermore, the amount of the successful tender              publication in the Official Journal of the European
  shall be paid after it has been converted using the           Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 12 November 1976.
                                                                          For the Commission
                                                                             P.J. LARDINOIS
                                                                      Member of the Commission
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