CELEX: 31975R1168
Language: en
Date: 1975-05-05 00:00:00
Title: Regulation (EEC) No 1168/75 of the Commission of 5 May 1975 opening an invitation to tender for the mobilization of common wheat as food aid for Guinea Bissau

6 . 5 . 75                                   Official Journal of the European Communities                               No L 116/ 17
                               REGULATION ( EEC) No 1168 /75 OF THE COMMISSION
                                                              of 5 May 1975
                opening an invitation to tender for the mobilization of common wheat flour as
                                                       food aid for Guinea Bissau
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 Guinea Bissau will be
Economic Community ;                                                    fulfilled ;
Having regard to Council Regulation No 120/                            Whereas the Italian intervention agency should be
67/ EEC (') of 13 June 1967 on the common organiza­                     made responsible for the tendering procedure ;
tion of the market in cereals, as last amended by Regu­
lation ( EEC) No 665/ 75 (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 ;
1 693 /72 (3 ) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid , 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 26 March 1975 the Council of the Euro­                       tions laid down in Article 3 (2) of Council Regulation
                                                                        No 129 (4 ) 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 500                    exchange rates to be applied for the purposes of the
metric tons of common wheat ( in other words 331                        common agricultural policy, as last amended by Regu­
metric tons of common wheat flour) to Guinea Bissau                     lation ( EEC) No 2543 /73 (5 ), and in particular Article
                                                                        3 thereof ;
under its 1974/ 75 food-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 1693 / 72 the goods may be purchased                     ment Committee for Cereals ,
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
for supply of the products delivered cif, that is at the                HAS ADOPTED THIS REGULATION :
moment, when the goods are actually removed from
the ship's hold at the port of unloading ;
                                                                                                     Articlc /
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                         1.     Tenders are hereby invited for the supply to
may relate to products mobilized anywhere within                        Guinea Bissau , by way of Community action , of 331
those Member States ; whereas, in view of the currency                  metric tons of common wheat flour .
situation in the Member States and in order to ensure
that the tenders are as comparable as possible , account                2.      The tendering procedure shall take place in Italy
should be taken of the effect on each tender of the                     in one lot . The product shall be mobilized on the
currency situation in the Member State in which the                     market . The products shall be loaded for departure
the customs export formalities will be completed ;                      from a Community port .
Whereas the award            under the invitation        to tender      3 . The invitation to tender provided for in para­
must be made in favour of the tenderer offering the                     graph 1 is for supply of products delivered cif, that is
best terms ;                                                            at the moment when the goods are actually removed
                                                                        from the ship's hold at the port of unloading.
Whereas, should force nnijcurc make it impossible to
complete the operation in question within the time                      The recipient country shall bear all costs subsequent
limits specified , it must be made clear who is to bear                 to delivery of the goods, including unloading costs
the liability for any resulting costs ;                                 (such as unstowing, hoisting and reception ) and any
                                                                        lighterage costs .
(') OJ No 117 , 19 . 6 . 1967 , p . 2269 / 67 .
(-1 ) O | No L 72 , 20 . 3 . 1975 , p . 14 .                            (4 ) OJ No 106, 30 . 10 . 1962, p . 2553 / 62 .
('') 0 1 No L 178 , 5 . 8 . 1972 , p . 1                                ( 5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 116 / 18                        Official Journal of the European Communities                                6 . 5 . 75
Any demurrage costs or dispatch money at the port of           — in the case when the currencies concerned are
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
ments relating thereto laid down in the contract                     central rate ,
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
4.     The successful tenderer shall deliver the product             to the Tuesday of the following week being the
specified in paragraph 1 cif to the ports listed in the              period immediately preceding the closing date for
                                                                     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 :
' Farinha — Doni da Comunidade economica europeia              The contract shall be awarded to the tenderer offering
a Guine-Bissau '.                                              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 16 May 1975 .
                                                                                         Article 5
2. The closing date for the submission of tenders
shall be 16 May 1975 at 12 noon .
                                                                1.     The tenderer shall give security in an amount of
3.     The   notice  of   invitation  to  tender  shall be      10 units of account per metric ton of goods .
 published in the Officiiil Joimnil of the linropedn
                                                                It shall be released :
 Communities not less than nine days before the
closing date for the submission of tenders .                   — in       the case of all  tenderers whose tenders are
                                                                     unsuccessful or are not accepted ,
                          Article 3                            — in the case of the successful tenderer, when the
                                                                     operations concerned have been carried out within
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation                 the prescribed time limit and on submission of
to tender was issued .                                               the original export licence duly granted and
                                                                     endorsed by the competent authorities of the
 2. Tenders must in particular mention the Member                    Member State mentioned in the tender pursuant
State in which the tenderer, in the event of his being               to Article 3 (2),
declared successful , expects to complete the customs          — in the case of the successful tenderer for quantities
export formalities for the products concerned .                      not supplied by reason of force nut fen re.
3.     For the purpose of rendering the tenders compar­         2 . The security required under paragraph I may be
able , the prices shall , where appropriate , be corrected      provided in the form of a cash deposit or of a
by the monetary compensato amount and the acces­               guarantee issued by a credit institution conforming to
sion compensatory amount applicable on the closing              criteria laid down by each Member State .
date for submission of tenders to exports from the
Member State mentioned in the tender to exports
from    the  Member State      mentioned    in  the tender                               Article 6
 pursuant to paragraph 2 .
                                                                1.     The common wheat flour referred to in Article 1
Such correction shall be made by :                              to be supplied to Guinea Bissau must meet the
— increasing prices which mention a Member State                following requirements :
     whose currency has depreciated or a new Member            — moisture : 12% maximum ;
     State ,
                                                               — protein content : 10-5 % minimum (N x 6-25 on
— reducing prices which mention a Member State                       dry matter) ;
     whose currency has been revalued .
                                                                — ash content : 0-52 % maximum referred to dry
The monetary compensatory amount shall , where                       matter .
appropriate , be converted into the currency of the
 Member State in which the invitation to tender is              Flour not meeting these requirements shall               he­
 issued using :                                                 re fused .
 ---pagebreak--- 6 . 5 . 75                           Official Journal of the European Communities                                     No L 116/ 19
2.      Tenders for supply to Guinea Bissau of the                  Furthermore , the amount of the successful tender
common wheat flour referred to in Article 1                 must    shall be paid qfter it has been converted using the
relate to a product with the following characteristics :            average of the spot rates referred to in the second
— moisture : 12% maximum ;                                          subparagraph of Article 3 (3) to the tenderer in the
                                                                    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 angency shall ask that the
     matter .                                                       tenderer specifies the following information :
                           Art idc 7
                                                                    (a) after each shipment, a statement giving details of
                                                                        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 ten d e re r.                                            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 Jonnnil of the European
require .                                                            Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 5 May 1975 .
                                                                               For the Commission
                                                                                 P.J. LARDINOIS
                                                                           /Member of the Commission
                                                                ANNEX
                   Number                                                                                    Metric
                    of lot
                                          Port of unloading             Minimum rate of unloading
                                                                                                          tonnage cit
                       1      Bissau                                       Customs of the port                331