CELEX: 31976R1676
Language: en
Date: 1976-07-10 00:00:00
Title: Commission Regulation (EEC) No 1676/76 of 9 July 1976 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of the Philippines

No L 186/24                              Official Journal of the European Communities                             10 . 7 . 76
                                  COMMISSION REGULATION (EEC) No 1676/76
                                                          of 9 July 1976
              opening an invitation to tender for the mobilization of common wheat flour as
                                           aid for the Republic of the Philippines
THE COMMISSION OF THE EUROPEAN                                      virtue of participation in the invitation to tender for
COMMUNITIES,                                                        the supply of goods to the Republic of the Philip­
                                                                    pines,
Having regard to the Treaty establishing the European
Economic Community,                                                 Whereas the Belgian intervention agency should be
Having regard to Council Regulation (EEC) No                        made responsible for organizing the invitation to
                                                                    tender ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as amended by Regula­            Whereas the Commission must be informed quickly
tion (EEC) No 1 143/76 (2),                                         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                   Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), and
                                                                    whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,
                                                                    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
                                                                    No 129 on the value of the unit of account and the
pean Communities declared that it proposed, by way
of Community action , to grant the equivalent of 2 500              exchange rates to be applied for the purposes of the
metric tons of common wheat, in the form of 1 656                   common agricultural policy (4), as last amended by
metric tons of common wheat flour, to the Republic                  Regulation (EEC) No 2543/73 (5), and in particular
of the Philippines 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 tenders should be invited for the supply of
                                                                    HAS ADOPTED THIS REGULATION :
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 ;                                                         Article 1
Whereas tenders may be submitted by tenderers esta­
                                                                     1 . An invitation to tender shall be issued in respect
blished in any Member State of the Community and
                                                                    of the supply of 1 656 metric tons of common wheat
may relate to products mobilized anywhere within                    flour to the Republic of the Philippines by way of
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
                                                                    Community food-aid action .
that the tenders are as comparable as possible, account             2. The tendering procedure shall take place in the
should be taken of the effect on each tender of the
                                                                    Kingdom of Belgium and shall be in respect of a
currency situation in the Member State in which the                 single lot.
customs export formalities will be completed ;
Whereas the award under the invitation to tender
                                                                    3 . The product shall be mobilized on the Commu­
                                                                    nity market.
must be made in favour of the tenderer offering the
best terms ;                                                        4.    Shipment shall be from a Community port.
Whereas, should force majeure make it impossible to
                                                                     5. The product referred to in paragraph 1 is to be
complete the operation in question within the set                   delivered in new cotton sacks of a net capacity of 50
time limit, it should be made clear who is to bear the
                                                                     kilogrammes to the port of shipment in the vicinity of
liability for any resulting costs ; '
                                                                    the vessel . The goods must be set down at the place
Whereas provision should be made for security to be                  nominated by the recipient country or its agent, the
given to guarantee fulfilment of obligations arising by              timing of delivery being settled by the tenderer and
                                                                     the recipient country's agent.
(>) OJ No L 281 , 1 . 11 . 1975, p . 1 .
I2) 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---   10 . 7 . 76                        Official Journal of the European Communities                          No L 186/ 25
  6. The following shall be printed on the sacks :             However, if the tenders submitted do not appear to
  'Wheat flour — Gift of the European Communities to           reflect normal market prices and costs, the interven­
  the Republic of the Philippines.'                            tion agency may cancel the invitation to tender..
                          Article 2                                                     Article 5
   1 . The decision on tenders received in response to         If the tenderer is unable to deliver the goods in
  the invitation provided for in Article 1 shall be taken      compliance with Article 1 (5) on the date given in the
  on 23 July 1976.                                             notice of invitation to tender as a result of the late
  2. The closing date for submission of tenders shall          availibility of the vessels to be used for sea transporta­
  be 23 July 1976, at 12 noon .                                tion, the resulting costs shall be borne by the interven­
                                                               tion agency.
  3.     The   notice of  invitation  to  tender  shall be
  published in the Official Journal of the European
                                                                                        Article 6
t Communities not less than nine days before the
  closing date for submission of tenders
                                                                1 . The tenderer shall give security in an amount of
                          Article 3                             10 units of account per metric ton of goods.
  1 . The prices offered must be expressed in the              It shall be released :
  currency of the Member State in which the invitation         — in the case of all tenderers whose tenders are
  to tender was issued .
                                                                    unsuccessful or are not accepted,
  2. Tenders must in particular mention the Member             — in the case of the successful tenderer, when the
  State in which the tenderer, in the event of his being            operations concerned have been carried out within
  declared successful, expects to complete the customs              the prescribed time limit and on submission of
  export formalities for the products concerned .                   the original export licence duly granted and
  3.     For the purpose of rendering the tenders compar­           endorsed by the competent authorities of the
  able, the prices shall, where appropriate, be corrected           Member State mentioned in the tender pursuant
  by the monetary compensatory amount and the acces­                to Article 3 (2),
  sion compensatory amount applicable on the closing           — in the case of the successful tenderer for quantities
  date for submission of tenders to exports from the                not supplied by reason of force majeure.
  Member State mentioned in the tender pursuant to
  paragraph 2.                                                 2. The security required under paragraph 1 may be
                                                               provided in the form of a cash deposit or of a
  Such correction shall be made by :                           guarantee issued by a credit institution conforming to
  — increasing prices which mention a Member State             criteria laid down by each Member State.
       whose currency has depreciated or a new Member
       State,                                                                           Article 7
  — reducing prices which mention a Member State
       whose currency has been revalued.                        1.    The common wheat flour referred to in Article 1
                                                               to be supplied to the Republic of the Philippines
  The monetary compensatory amount shall, where                must meet the following requirements :
  appropriate, be converted into the currency of the
  Member State in which the invitation to tender is            — moisture : 14 % maximum ;
  issued using :                                               — protein content : 10-5% minimum (N x 6-25 on
  — in the case when the currencies concerned are               , dry matter) ;
       kept at any given moment within a band of               — ash content : 0-52 % maximum referred to dry
       2-25 % , a conversion rate resulting from their              matter .
       central rate ;
  — in the other cases, the average of the spots rates of      Flour not meeting these requirements shall be
       the currencies concerned recorded in the Member         refused .
       State in which the invitation to tender is issued
                                                               2. Tenders for supply to the Republic of the Philip­
       during a period from the Wednesday of one week
                                                               pines of the common wheat flour referred to in
       to the Tuesday of the following week being the
                                                               Article 1 must relate to a product with the following
       period immediately preceding the closing date for       characteristics :
       submission of tenders .
                                                               — moisture : 14 % maximum ;
                          Article 4
                                                               — protein content : 10-5% minimum (N x 6-25 on
  The contract shall be awarded to the tenderer offering            dry matter) ;
  the best terms, taking into consideration the adjust­        — ash content : 0-52 % maximum referred to dry
  ment referred to in Article 3 (3).                                matter .
 ---pagebreak--- No L 186/26                       Official Journal of the European Communities                                10 . 7 . 76
                        Article 8                            4. The intervention agency shall request the
                                                             successful tenderer to supply the following informa­
1 . The Belgian intervention agency shall be respon­          tion :
sible for operations relating to the invitations 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
tation to tender, specifying the terms of each tender,       The information indicated above shall be forwarded
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 9
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 10
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, 9 July 1976.
                                                                         For the Commission
                                                                   *        P.J. LARDINOIS
                                                                     Member of the Commission