CELEX: 31976R1126
Language: en
Date: 1976-05-14 00:00:00
Title: Commission Regulation (EEC) No 1126/76 of 14 May 1976 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of São Tomé and Principe

15. 5. 76                                Official Journal of the European Communities                         No L 127/25
                                   COMMISSION REGULATION (EEC) No 1126/76
                                                         of 14 May 1976
              opening a new invitation to tender for the mobilization of common wheat flour
                     as food aid for the Democratic Republic of Sao Tome and Principe
THE COMMISSION OF THE EUROPEAN                                     limits specified, it must be made clear who is to bear
COMMUNITIES,                                                       the liability for any resulting costs ;
Having regard to the Treaty establishing the European              Whereas provision should be made for security to be
Economic Community,                                                given for the purpose of guaranteeing that the obliga­
                                                                   tions arising by virtue of participation in the invita­
Having regard to Council Regulation (EEC) No                       tion to tender will be fulfilled ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (!), as amended by Regula­           Whereas the Italian intervention agency should be
tion (EEC) No 832/76 (2),                                           made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No                       Whereas the Commission must be informed quickly
2750/75 of 29 October 1975 laying down the condi­                  of the tenders submitted in response to the invitation
tions for the mobilization of cereals as food aid (3), and         and of those accepted by the intervention agency ;
in particular Article 6 thereof,
                                                                   Whereas the Monetary Committee will be consulted ;
Whereas on 25 March 1976 the Council of the Euro­
                                                                   whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
pean Communities declared that it proposed, by way                 tions laid down in Article 3 (2) of Council Regulation
of Community action, to grant the equivalent of 602                 No 129 on the value of the unit of account and the
metric tons of common wheat (in other words 400                    exchange rates to be applied for the purposes of the
metric tons of common wheat flour) to the Democ­
                                                                   common agricultural policy (4), as last amended by
ratic Republic of Sao Tome and Principe under its                  Regulation (EEC) No 2543/73 (5), and in particular
 1975/76 food-aid programme ;                                      Article 3 thereof ;
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
anywhere on the Community market ;                                 ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products delivered Sao Tome that is
at the moment when the goods are actually removed                  HAS ADOPTED THIS REGULATION :
from the ship's hold at the port of unloading ;
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 . Tenders are hereby invited for the supply to the
those Member States ; whereas, in view of the currency              Democratic Republic of Sao Tome and Principe by
situation in the Member States and in order to ensure              way of Community action , of 400 metric tons of
that the tenders are as comparable as possible, account            common wheat flour.
should be taken of the effect on each tender of the
currency situation in the Member State in which the                2. The tendering procedure shall take place in Italy
customs export formalities will be completed ;                     in one lot. The product shall be mobilized on the
                                                                   market. The products shall be loaded for departure
Whereas the award under the invitation to tender                   from a Community port.
must be made in favour of the tenderer offering the
best terms ;                                                       3. The invitation to tender provided for in para­
                                                                   graph 1 is for supply of products delivered Sao Tome
Whereas, should force majeure make it impossible to                that is at the moment when the goods are actually
complete the operation in question within the time                 removed from the ship's hold at the port of
                                                                   unloading.
(!) OJ No L 281 , 1 . 11 . 1975 , p. 1 .
(2) OJ No L 100, 14. 4. 1976, p. 1 .                               (4) OJ No 106, 30 . 10 . 1962, p. 2553/62.
P) OJ No L 281 , 1 . 11 . 1975, p. 89 .                            (5) OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 127/26                         Official Journal of the European Communities                             15.5.76
The recipient country shall bear all costs subsequent         The monetary compensatory amount shall, where
to delivery of the goods, including unloading costs            appropriate, be converted into the currency of the
(such as unstowing, hoisting and reception) and any            Member State in which the invitation to tender is
lighterage costs.                                              issued using :
                                                              — in the case when the currencies concerned are
Any demurrage costs or dispatch money at the port of
unloading shall be a charge on or for the benefit of                kept at any given moment within a band of
the recipient country. The rates and detailed arrange­              2-25 % , a conversion rate resulting from their
                                                                    central rate,
ments relating thereto laid down in the contract
between the authorized agent of the Community and              — in the other cases, the average of the spot rates of
the carrier must have been agreed upon in advance by                the currencies concerned recorded in the Member
the authorized agent and the receiving agent of the                 State in which the invitation to tender is issued
recipient country.                                                  during a period from the Wednesday of one week
                                                                    to the Tuesday of the following week being the
4. The successful tenderer shall deliver the product                period immediately preceding the closing date for
specified in paragraph 1 to the ports listed in the                 submission of tenders.
Annex in new cotton sacks, having a net capacity of
50 kg.                                                                                 Article 4
The following shall be printed on the sacks :                  The contract shall be awarded to the tenderer offering
'Farinha — Dom da Comunidade economica europeia                the best terms, taking into consideration the adjust­
a Republica democratica de Sâo Tomé e Principe'.               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 for in Article 1 shall be taken                               Article 5
 on 28 May 1976.
                                                                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 28 May 1976 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
 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),
                                                                — 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 to exports                to be supplied to Sao Tome and Principe must meet
 from    the Member State mentioned in the tender               the following requirements :
  pursuant to paragraph 2.                                      — moisture : 1 2 % maximum ;
 Such correction shall be made by :                             — protein content : 10-5 % minimum (N x 6*25 on
                                                                     dry matter) ;
 — increasing prices which mention a Member State
      whose currency has depreciated or a new Member            — ash content : 0-52 % maximum referred to dry
                                                                     matter .
      State,
 — reducing prices which mention a Member State                 Flour not meeting these requirements shall be
      whose currency has been revalued.                         refused .
 ---pagebreak--- 15 . 5 . 76                         Official Journal of the European Communities                                No L 127/27
2.     Tenders for supply to Sao Tome and Principe of          Furthermore, the amount of the successful tender
the common wheat flour referred to in Article 1 must           shall be paid after it has been converted using the
relate to a product with the following characteristics :       average of the spot rates referred to in the second
                                                               subparagraph of Article 3 (3) to the tenderer in the
— moisture : 1 2 % maximum ;
                                                               currency of the Member State in which the operations
— protein content : 10-5 % minimum (N x 6-25 on                relating to the tendering are completed.
     dry matter) ;
— ash content : 0-52 % maximum referred to dry                 4. The intervention agency shall ask that the
     matter.                                                   tenderer specifies the following information :
                                                               (a) after each shipment, a statement giving details of
                          Article 7
                                                                   the quantities loaded, the quality of the products
1 . The Italian intervention agency shall be respon­               and their packaging ;
sible for the operations relating to the invitation to         (b) the date of the departure of the ships, the expected
tender provided for by this Regulation .                           date of arrival of the products at their destination ;
2.     It shall forthwith communicate to the Commis­           (c) all possible contingencies which might occur
sion the list of firms which have responded to the invi­           during transportation of the products.
tation to tender, specifying the terms of each tender,
together with the name and business name of the                The intervention agency shall transmit the informa­
successful tenderer.                                           tion provided for to the Commission as soon as it is
                                                               received .
3 . Where the customs export formalities for the
mobilized product are completed in a Member State              5. When the intervention agency responsible for
other than that in which the invitation to tender is           the operations relating to tendering is not the interven­
issued, the intervention agency of the latter Member           tion agency which appoints the successful tenderer, it
State shall be responsible for the operations following        shall send as soon as possible to the latter the informa­
tendering, including payment to the successful                 tion necessary for releasing the security.
tenderer.
In such case, the intervention agency choosing the                                           Article 8
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, 14 May 1976.
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                     Member of the Commission
                                                           ANNEX
                  Number                                                                               Metric
                                         Port of unloading         Minimum rate of unloading
                   of lot                                                                           tonnage cif
                     1       Sao Tome                             Customs of the port                  400