CELEX: 31975R1518
Language: en
Date: 1975-06-13 00:00:00
Title: Regulation (EEC) No 1518/75 of the Commission of 13 June 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine (UNRWA)

No L 154/ 64                           Official Journal of the European Communities                            14. 6. 75
                            REGULATION (EEC) No 1518/75 OF THE COMMISSION
                                                       of 13 June 1975
              opening an invitation to tender for the mobilization of common wheat flour as
              food aid for the United Nations Relief and Works Agency for Palestine
                                                          (UNRWA)
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 UNRWA will be
Economic Community ;                                              fulfilled ;
Having regard to Council Regulation No 120/                      Whereas the intervention agency of France should be
67/EEC (') of 13 June 1967 on the common organiza­                made responsible for the tendering procedure in ques­
tion of the market in cereals, as last amended by Regu­           tion ;
lation (EEC) No 665/75 (2) ;
                                                                 Whereas the Commission must be informed quickly
Having regard to Council Regulation (EEC) No                      of the tenders submitted in response to the invitation
1 693/72 (3) of 3 August 1972 laying down the condi­              and of those accepted by the intervention agency ;
tions for the mobilization of cereals as food aid, and
in particular Article 6 thereof ;                                Whereas the Monetary Committee will be consulted ;
                                                                  whereas, in view of the urgency, the measures envis­
Whereas on 3 March 1975 the Council of the Euro­                  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                   No 129 (4) on the value of the unit of account and the
10 000 metric tons of common wheat (in other words                exchange rates to be applied for the purposes of the
7 200 metric tons of common wheat flour) to                       common agricultural policy, as last amended by Regu­
UNRWA under its 1974/75 food-aid programme ;                      lation (EEC) No 2543/73 (5), and in particular Article
                                                                  3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 1693/72 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 cif, that is to say, actually
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 to ensure
that the tenders are as comparable as possible, account           1 . Tenders are hereby invited for the supply to
should be taken of the effect on each tender of the               UNRWA, by way of Community action, of 7 200
                                                                  metric tons of common wheat flour.
currency situation in the Member 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
must be made to the tenderer offering the best terms ;            the Community market. The product shall be loaded
                                                                  for departure from a Community port.
Whereas, should force majeure make it impossible to
complete the operation in question within the time                3 . The invitation to tender provided for in para­
limits specified, it must' be made clear who is to bear           graph 1 is for supply of products delivered cif, that is
the liability for any resulting costs ;                           to say, actually placed on the quay in one of the ports
                                                                  of unloading listed in the Annex.
(i) OJ No 117, 19. 6. 1967, p. 2269/67.
(2) OJ No L 72, 20 . 3 . 1975, p. 14.                             (4) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(3) OJ No L 178 , 5 . 8 . 1972, p. 3 .                            (*) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- 14. 6 . 75                           Official Journal of the European Communities                           No L 154/ 65
4. The successful tenderer shall deliver the product            However, if the tenders submitted do not appear to
specified in paragraph 1 cif in new cotton sacks,               reflect normal market prices and costs, the interven­
having a net capacity of 50 kg.                                 tion agency may cancel the invitation to tender.
The following shall be printed on the sacks :
'Wheat flour — gift of the European Economic                                             Article 5
Community.'
                                                                1 . The tenderer shall give security in an amount of
                          Article 2                             10 units of account per metric ton of goods.
 1 . The decision on tenders received in response to            It shall be released :
the invitation provided for in Article 1 shall be taken
on 27 June 1975.                                                — in the case of all tenderers whose tenders are
2.     The closing date for submission of tenders shall              unsuccessful or are not accepted,
be 27 June 1975 at 12 noon .                                    — in the case of the successful tenderer, when the
3.     The   notice of    invitation  to  tender  shall be           operations concerned have been carried out within
published in the Official Journal of the European                    the prescribed time limit and on submission of
 Communities not less than nine days before the                      the original export licence, duly granted and
closing date for submission of tenders.                              endorsed by the competent authorities of the
                                                                     Member State, mentioned in the tender pursuant
                          Article 3                                  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 .
 3 . For the purpose of rendering the tenders compar­
                                                                                         Article 6
 able, the prices shall , where appropriate, be corrected
 by the monetary compensatory amount and the acces­              1.    The common wheat flour referred to in Article 1
 sion compensatory amount applicable on the closing             to be supplied to UNRWA must meet the following
 date for submission of tenders to exports from the             requirements :
 Member State mentioned in the tender pursuant to
 paragraph 2.                                                   — moisture : 14 % maximum ;
 Such correction shall be made by :                             — protein content : 10-5 % minimum (N x 6-25 on
— increasing prices which mention a Member State                     dry matter) ;
     whose currency has depreciated or a new Member             — ash content : 0-55 % referred to dry matter.
     State,
 — reducing prices which mention a Member State                 Flour not meeting these requirements shall be
                                                                refused .
     whose currency has been revalued.
 The monetary compensatory amount shall , where                 2.     Tenders for supply to UNRWA of the common
 appropriate, be converted into the currency of the             wheat flour referred to in Article 1 must relate to a
 Member State in which the invitation to tender is              product with the following characteristics :
 issued using :
                                                                — moisture : 14 % maximum ;
 — in the case when the currencies concerned are
     kept at any given moment within a band of                  — protein content : 10-5 % minimum (N x 6-25 on
     2-25 % , a conversion rate resulting from their                 dry matter) ;
     central rate ,                                             — ash content : 0-55 % referred to dry matter.
 — in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member
                                                                                         Article 7
     State in which the invitation to tender is issued
     during a period from the Wednesday of one week              1 . The French intervention agency shall be respon­
     to the Tuesday of the following week being the              sible for operations relating to the invitation to tender
     period immediately preceding the closing date for           provided for by this Regulation .
     submission of tenders .
                                                                 2.    It shall forthwith communicate to the Commis­
                          Article 4
                                                                 sion the list of firms which have responded to the invi­
 The contract shall be awarded to the tenderer offering          tation to tender, specifying the terms of each tender,
 the best terms, taking into consideration the adjust­           together with the name and business name of the
 ment referred to in Article 3 (3).                              successful tenderer.
 ---pagebreak--- No L 154/66                       Official Journal of the European Communities                                14. 6 . 75
3 . Where the customs export formalities for the             (a) after each shipment, a statement giving details of
mobilized product are completed in a Member State                the quantities loaded, the quality of the products
other than that in which the invitation to tender is             and their packaging ;
issued, the intervention agency of the latter Member         (b) the date of the departure of the ships, the expected
State shall be responsible for the operations following          date of arrival of the products at their destination ;
tendering, including payment to the successful               (c) all possible contingencies which might occur
tenderer.
                                                                 during transportation of the products.
In such case, the intervention agency choosing the           The intervention agency shall transmit the informa­
successful tenderer shall immediately inform the inter­      tion provided for to the Commission as soon as it is
vention agency of the Member State concerned and             received .
shall supply it with all the information which it may
require.                                                     5. When the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
Furthermore, the amount of the successful tender             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                       Article 8
relating to the tendering are completed .
                                                             This Regulation shall enter into force on the day of its
4. The intervention agency shall ask that the                publication in the Official Journal of the European
tenderer specifies the following information :                Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 13 June 1975.
                                                                        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       Beirut                            I                                      4 000
                                                                   Customs of the port
                   2       Ashdod                                                                   3 200