CELEX: 31976R2396
Language: en
Date: 1976-10-02 00:00:00
Title: Commission Regulation (EEC) No 2396/76 of 1 October 1976 opening an invitation to tender for the mobilization of flour of common wheat as food aid for the island of Mauritius

No L 270/ 10                             Official Journal of the European Communities                            2. 10 . 76
                                  COMMISSION REGULATION ( EEC) No 2396/76
                                                       of 1 October 1976
              opening an invitation to tender for the mobilization of flour of common wheat
                                           as food aid for the island of Mauritius
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 wheat to the island of Mauritius ;
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 ( l ), as amended by Regula­
tion (EEC) No 1 143/76 (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 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 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 island of Mauritius           exchange rates to be applied for the purposes of the
3 311 metric tons of cereals under its 1975/76 food­               common agricultural policy (4), as last amended by
aid programme ;                                                     Regulation (EEC) No 2543/73 (5), and in particular
                                                                   Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                   Whereas the measures provided for in this Regulation
anywhere on the Community market ;                                  are in accordance with the opinion of the Manage­
                                                                    ment Committee for Cereals,
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
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                                              Article 1
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure               1 . Tenders are hereby invited for the supply to the
that the tenders are as comparable as possible, account             island of Mauritius by way of Community food-aid
should be taken of the effect on each tender of the                 action of 3 311 metric tons of flour of common wheat.
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 award under the invitation to tender                    the Community market. The product shall be loaded
must be made in favour of the tenderer offering the                 for departure from any French port.
best terms ;
                                                                    3. The flour is to be delivered in new jute sacks of
Whereas, should force majeure make it impossible to                 a net capacity of 67 kg to the port of shipment in the
complete the operation in question within the set                   vicinity of the vessel . The goods must be set down at
time limits, it should be made clear who is to bear the             the place nominated by the recipient country or its
liability for any resulting costs ;                                 agent, the timing of delivery being settled by the
                                                                    tenderer and the recipient country's agent.
(!) 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.
P) OJ No L 281 , 1 . 11 . 1975, p . 89 .                            (5) OJ No L 263, 19 . 9. 1973, p. 1 .
 ---pagebreak--- 2. 10 . 76                        Official Journal of the European Communities                          No L 270/ 11
4.     The following shall be printed on the sacks :                                 Article 4
' Farine de froment/ Don de la Communauté écono­
mique européenne/ Destinée à la vente'.                     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 takeii    tion agency may cancel the invitation to tender.
on 15 October 1976 .
2.     The closing date for submission of tenders shall                              Article 5
be 15 October 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
published in the Official Journal of the European           notice of invitation to tender as a result of the late
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
currency of the Member State in which the invitation
to tender was issued .                                      1 . The tenderer shall give security in an amount of
                                                            10 units of account per metric ton of goods.
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being      It shall be released :
declared successful, expects to complete the customs
export fomalities for the products concerned.               — in the case of all tenderers whose tenders are
                                                                 unsuccessful or are not accepted,
3 . For the purpose of rendering the tenders compar­        — in the case of the successful tenderer, when the
able, the prices shall, where appropriate, be corrected          operations concerned have been carried out within
by the monetary compensatory amount and the acces­               the prescribed time limit and on submission of
sion compensatory amount applicable on the closing               the original export licence duly granted and
date for submission of tenders to exports from the               endorsed by the competent authorities of the
Member State mentioned in the tender pursuant to                 Member State mentioned in the tender pursuant
paragraph 2.                                                     to Article 3 (2),
Such correction shall be made by :                          — in the case of the successful tenderer for quantities
                                                                 not supplied by reason of force majeure.
— increasing prices which mention a Member State
     whose currency has depreciated or a new Member         2. The security required under paragraph 1 may be
     State,                                                 provided in the form of a cash deposit or of a.
— reducing prices which mention a Member State              guarantee issued by a credit institution conforming to
     whose currency has been revalued .                     criteria laid down by each Member State.
The monetary compensatory amount shall , where
appropriate, be converted into the currency of the                                   Article 7
Member State in which the invitation to tender is
issued using :                                              The common wheat flour referred to in Article 1 to be
— in the case when the currencies concerned are             supplied to the island of Mauritius must meet the
     kept at any given moment within a band of              following requirements :
     225 % , a conversion rate resulting from their         — moisture : 1 2 % maximum ,
     central rate,
— in the other cases, the average of the spot rates of      — protein content : 10-5 % minimum (N x 6-25 on
     the currencies concerned recorded in the Member            dry matter),
     State in which the invitation to tender is issued      — ash content 0-52 % maximum referred to-^ry
     during a period from the Wednesday of one week             matter .
     to the Tuesday of the following week being the
     period immediately preceding the closing date for      Flour not meeting these requirements shall be
    submission of tenders .                                 refused .
 ---pagebreak--- No L 270/ 12                       Official Journal of the European Communities                              2. 10 . 76
                        Article 8                            4. The intervention agency shall request the
                                                             successful tenderer to supply the following informa­
1 . The French 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
                                                             shall send as soon as possible to the latter the informa­
issued, the intervention agency of the latter Member
                                                             tion necessary for releasing the security.
State shall be responsible for the operations following
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, 1 October 1976 .
                                                                        For the Commission
                                                                           P.J. LARDINOIS
                                                                   $Member of the Commission