CELEX: 31976R1066
Language: en
Date: 1976-05-07 00:00:00
Title: Commission Regulation (EEC) No 1066/76 of 7 May 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Mauritania

No L 121 /34                               Official Journal of the European Communities                                 8 . 5 . 76
                                     COMMISSION REGULATION ( EEC) No 1066 /76
                                                             of 7 May 1976
               opening an invitation to tender for the mobilization of common wheat as food
                                           aid for the Islamic Republic of Mauritania
THE COMMISSION OF THE EUROPEAN                                        tions arising by virtue of participation in the invita­
COMMUNITIES ,                                                         tion to tender for supplies to the Islamic Republic of
                                                                      Mauritania will be fulfilled ;
Having regard to the Treaty establishing the European
Economic Community,                                                   Whereas the French intervention agency should be
                                                                      made responsible for the tendering procedure in ques­
Having regard to Council Regulation ( EEC) No                         tion ;
2727/75 of 29 October 1975 on the common organiza­
tion those the market in cereals ('), as amended by                   Whereas the Commission must be informed quickly
Regulation ( EEC) No 832/76 (2 ),                                     of the tenders submitted in response to the invitation
                                                                      and of those accepted by the intervention agency ;
Having regard to Council Regulation ( EEC) No
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 3 March 1975 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 by way of Commu­
nity action it proposed to grant the Islamic Republic                 exchange rates to be applied for the purposes of the
of Mauritania 7 500 metric tons of common wheat                       common agricultural policy (4), as last amended by
under its 1974/75 food-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 the proposed invitation to tender should be
for supply of the products placed on the quay at the
port of unloading ;
                                                                      HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
may relate to products mobilized anywhere within                                                  Article 1
those .   Member      States ;   whereas ,     in   view  of   the
currency situation in the Member States and in order                   1 . Tenders are hereby invited for the supply to the
to ensure that the tenders are as comparable as                       Islamic Republic of Mauritania by way of Community
possible , account should be taken of the effect on                   food-aid     action  of 7 500      metric tons of common
each tender of the currency situation in the Member                   wheat .
State in which the customs export formalities will be
completed ;                                                           2. The tendering procedure shall take place in
Whereas the award under the invitation to tender
                                                                       France in two lots . The product shall be mobilized on
                                                                      the Community market. The product shall be loaded
must be made in favour of the tenderer offering the                   for the departure from any Community port.
best terms ;
Whereas, should force majeure make it impossible to                   3 . The invitation to tender provided for in para­
complete the operation in question within the set                     graph 1 is for supply of products delivered on the
time limits , it should be made clear who is to bear the              quay in one of the ports of unloading listed in the
                                                                      Annex .
liability for any resulting costs ;
Whereas provisions should be made for security to be                  4 . The successful tenderer shall deliver the product
given for the purpose of guaranteeing that the obliga­                specified in paragraph 1 in new jute sacks of a net
                                                                      capacity of 50 kilogrammes .
(') 0 | No L 2X1 , 1 . I 1 . 1975 , p . I.
(-') O") No L 100, 14. 4 . 1976, p . I.                               (->) Ol No 106 , 30 . 10 . 1962 , p . 2.553/ 62 .
(■') O") No L 281 , 1 . II . 1975 , p . X 9                           (-s ) O") No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- 8 . 5 . 76                          Official Journal ot the European Communities                        No L 121 / 35
The following shall be printed on the sacks :                 However, if the tenders submitted do not appear to
' Froment — Don de la Communauté économique                   reflect normal market prices and costs, the interven­
européenne — Distribution gratuite .'                         tion agency may cancel the invitation to tender.
                         Art iclc 2                                                    Article 5
 1.     The decision on tenders received in response to        1 . The tenderer shall give security in an amount of
the invitation provided for in Article 1 shall be taken       five units of account per metric ton of goods .
on 21 May 1976 .                                              It shall be released :
2. The closing date for submission of tenders shall           — in the case of all tenderers whose tenders are
be 21 May 1976, 12 noon .                                          unsuccessful or are not accepted,
3.      The   notice of  invitation  to  tender  shall be     — in the case of the successful tenderer, when the
published in the Official Journal of the European                  operations concerned have been carried out within
 Communities not less than nine days before the                    the prescribed time limit and on submission of
closing date for submission of tenders.                            the original export licence duly granted and
                                                                   endorsed by the competent authorities of the
                         Article J
                                                                   Member State mentioned in the tender pursuant
                                                                   to Article 3 (2),
 1.     The prices offered must be expressed in the           — in the case of the successful tenderer for quantities
currency of the Member State in which the invitation               not supplied by reason of force majeure.
to tender was issued .
                                                              2. The security required under paragraph 1 may be
2. Tenders must in particular mention the Member              provided in the form of a cash deposit or of a
State in which the tenderer, in the event of his being        guarantee issued by a credit institution conforming to
declared successful , expects to complete the customs         criteria laid down by each Member State .
export formalities for the products concerned .
                                                                                       Article 6
3.      For the purpose of rendering the tenders compar­
able, the prices shall , where appropriate, be corrected      The common wheat referred to in Article 1 to be
by the monetary compensatory amount applicable on             supplied to the Islamic Republic of Mauritania must
the closing date for submission of tenders to exports         be of fair and sound merchantable quality and corres­
from     the  Member State    mentioned    in  the tender
                                                              pond at least to the standard quality for which the
pursuant to paragraph 2.                                      intervention price is fixed, except that the moisture
Such correction shall be made by :                            content shall not exceed 15-5 % and that a maximum
                                                              of 3 % of sprouted grains and 1-5 % of miscellaneous
— increasing prices which mention a Member State              impurities shall be allowed .
     whose currency has depreciated,
— reducing prices which mention a Member State                                         Article 7
     whose currency has been revalued .
                                                               1 . The French intervention agency shall be respon­
Such monetary compensatory amount shall , where
appropriate, be converted into the currency of the            sible for organizing the invitation to tender provided
Member State in which the invitation to tender is             for by this Regulation .
issued using :                                                2.     It shall forthwith communicate to the Commis­
— in the case when the currencies concerned are               sion the list of firms which have responded to the invi­
     kept at any given moment within a band of                tation to tender, specifying the terms of each tender,
     2-25 % , a conversion rate resulting from their          together with the name and business name of the
     central rate ,                                           successful tenderer.
— in the other cases, the average of the spot rates of        3 . Where the customs export formalities for the
     the currencies concerned recorded in the Member
                                                              mobilized product are completed in a Member State
     State in which the invitation to tender is issued        other than that in which the invitation to tender is
     during a period from the Wednesday of one week           issued, the intervention agency of the latter Member
     to the Tuesday of the following week being the           State shall be responsible for the operations following
     period immediately preceding the closing date for        tendering, including payment to the successful
     submission of tenders .                                  tenderer.
                         Article 4                            In such case, the intervention agency choosing the
                                                              successful tenderer shall immediately inform the inter­
The contract shall be awarded to the tenderer offering        vention agency of the Member State concerned and
the best terms, taking into consideration the adjust­         shall supply it with all the information which it may
ment referred to in Article 3 (3).                            require .
 ---pagebreak--- No L 1,21 / 36                     Official Journal of the European Communities                                         8 . 5 . 76
Furthermore, the amount of the successful tender                   The information indicated above shall be forwarded
shall be paid after it has been converted using the                by the intervention agency to the Commission imme­
average of the spot rates referred to in the second                diately upon receipt.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations               5.     When the intervention agency responsible for
relating to the tendering are completed .                          the operations relating to tendering is not the interven­
                                                                   tion agency which appoints the successful tenderer, it
4. The intervention agency shall request the                       shall send as soon as possible to the latter the informa­
successful tenderer to supply the following informa­               tion necessary for releasing the security.
tion :
(a) after each shipment a certificate showing the quan­                                               Article 8
    tities dispatched and the quality of the products ;
(b) the date of departure of the ships ;                           This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur                   publication in the Official Journal of the European
    during transportation of the products .                        Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 7 May 1976.
                                                                               For the Commission
                                                                                  P.J. LARDINOIS
                                                                          Member of the Commission
                                                           . Y.Y/ .Y
                 Number                                                                                         Mifnc
                                        Port ot unlo.ulm ^              Minimum r.it«.· ot unio.ulmi!
                  of lot                                                                                     tonnage at
                     1    Nouadhibou                                  )                                        2 000
                                                                      >   Customs of the port
                    2     Nouakchott                                                                           5 500