CELEX: 31977R0293
Language: en
Date: 1977-02-11 00:00:00
Title: Commission Regulation (EEC) No 293/77 of 11 February 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services

12. 2. 77                               Official Journal of the European Communities                          No L 42/5
                                  COMMISSION REGULATION (EEC) No 293/77
                                                     of 11 February 1977
               opening an invitation to tender for the mobilization of common wheat flour as
                                         food aid for the Catholic Relief Services
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 the Catholic Relief
Economic Community,                                                Services will be fulfilled ;
Having regard to Council Regulation (EEC) No                       Whereas the Belgian intervention agency should be
2727/75 of 29 October 1975 on the common organiza­                 made responsible for the tendering procedure ;
tion of the market in cereals (1), as amended by Regula­
tion (EEC) No 3138/76 (2),                                         Whereas the Commission must be informed quickly
                                                                   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 21 December 1976 the Council of the
                                                                   tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 on the value of the unit of account and the
European Communities declared that it proposed, by                 exchange rates to be applied for the purposes of the
way of Community action, to grant the equivalent of                common agricultural policy (4), as last amended by
7 497 tonnes of common wheat (in other words 4 965                 Regulation (EEC) No 2543/73 (5), and in particular
tonnes of common wheat flour) to the Catholic Relief               Article 3 thereof ;
Services under its 1976/77 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 2750/75 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 to the dock or in the                   HAS ADOPTED THIS REGULATION :
lighter where applicable at the port of unloading ;
Whereas tenders may be submitted by tenderers esta­                                         Article 1
blished in any Member State of the Community and
may relate to products mobilized anywhere within                    1 . Tenders are hereby invited for the supply to the
those Member States ; whereas, in view of the currency             Catholic Relief Services by way of Community action,
situation in the Member States and in order to ensure              of 4 965 tonnes of common wheat flour.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                2.    The tendering procedure shall take place in
currency situation in the Member State in which the                Belgium in three lots. The product shall be mobilized
customs export formalities will be completed ;                     on the Community market.*-!^ products shall be
                                                                   loaded for departure from any Community port.
Whereas the award under the invitation to tender
must be made in favour of the tenderer offering the                3. The invitation to tender provided for in para­
best terms ;                                                       graph 1 is for supply of products to the dock, or in
                                                                   the lighter where applicable in one of the ports of
Whereas, should force majeure make it impossible to                unloading listed in the Annex hereto.
complete the operation in question within the time
 limits specified, it must be made clear who is to bear            4. The successful tenderer shall deliver the product
 the liability for any resulting costs ;                           specified in paragraph 1 in new jute sacks of a net
                                                                   capacity of 50 kilograms.
(>) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 354, 24. 12. 1976, p. 1 .                              (<) 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--- No L 42/6                         Official Journal of the European Communities                            12. 2 . 77
The following shall be printed on the sacks :                                       Article 4
'Harina de trigo — Donación de la Comunidad eco­            The contract shall be awarded to the tenderer offering
nómica europea para Cathwel Chile — Destinada a la          the best terms, taking into consideration the adjust­
distribución gratuita.'                                     ment referred to in Article 3 (3).
The successful tenderer shall supply a supplementary
2 % of empty new sacks, unmarked and of the same             However, if the tenders submitted do not appear to
quality as those which contain the goods.                   reflect normal market prices and costs, the interven­
                                                            tion agency may cancel the invitation to tender.
                        Article 2
                                                                                    Article 5
1 . The decision on tenders received in response to
the invitation provided in Article 1 shall be taken on       1 . The tenderer shall give security in an amount of
25 February 1977.                                            10 units of account per tonne of goods.
2. The closing date for the submission of tenders            It shall be released :
shall be 25 February 1977 at 12 noon .
                                                            —- in the case of all tenderers whose tenders are
3.    The   notice of invitation to tender shall be              unsuccessful or are not accepted,
published in the Official Journal of the European           — in the case of the successful tenderer, when the
Communities not less than nine days before the                   operations concerned have been carried out within
closing date for the submission of tenders.                      the prescribed time limit and on submission of
                                                                 the original export licence duly granted and
                        Article 3                                endorsed by the competent authorities of the
1.    The prices offered must be expressed in the                Member State mentioned in the tender pursuant
currency of the Member State in which the invitation             to Article 3 (2),
to tender was issued.                                       — in the case of the successful tenderer for quantities
                                                                 not supplied by reason of force majeure.
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being      2. The security required under paragraph 1 may be
declared successful, expects to complete the customs        provided in the form of a cash deposit or of a
export formalities for the products concerned.              guarantee issued by a credit institution conforming to
                                                            criteria laid down by each Member State.
3. For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount and the acces­                                  Article 6
sion compensatory amount applicable on the closing
                                                             1.    The common wheat flour referred to in Article 1
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to             must meet the following requirements :
paragraph 2.                                                — moisture : 12 % maximum,
Such correction shall be made by :                          — protein content : 10-5 % minimum (N x 6-25 on
                                                                 dry matter),
— increasing prices which mention a Member State
    whose currency has depreciated or a new Member          — ash content : 0-52 % maximum referred to dry
                                                                 matter.
    State,
— reducing prices which mention a Member State               Flour not meeting these requirements shall be
    whose currency has been revalued.                       refused .
The monetary compensatory amount shall, where               2, Tenders for supply of the common wheat flour
appropriate, be converted into the currency of the          referred to in Article 1 must relate to a product with
Member State in which the invitation to tender is
                                                            the following characteristics :
issued using :
— in the case when the currencies concerned are
                                                            — moisture : 1 2 % maximum,
    kept at any given moment within a band of               — protein content : 1 0-5 % minimum (N x 6-25 on
    2-25 % , a conversion rate resulting from their              dry matter),
    central rate,                                           — ash content : 0-52 % maximum referred to dry
— in the other cases, the average of the spot rates of           matter.
    the currencies concerned recorded in the Member
    State in which the invitation to tender is issued                               Article 7
    during a period from the Wednesday of one week
    to the Tuesday of the following week being the           1 . The Belgian intervention agency shall be respon­
    period immediately preceding the closing date for       sible for the operations relating to the invitation to
    submission of tenders .                                 tender provided for by this Regulation .
 ---pagebreak--- 12. 2. 77                           Official Journal of the European Communities                               No L 42/7
2.    It shall forthwith communicate to the Commis­           4. The intervention agency shall ask that the
sion the list of firms which have responded to the invi­      tenderer specifies the following information :
tation to tender, specifying the terms of each tender,        (a) after each shipment, a statement giving details of
together with the name and business name of the                   the quantities loaded, the quality of the products
successful tenderer.
                                                                  and their packaging ;
3 . Where the customs export formalities for the              (b) the date of the departure of the ships, the expected
mobilized product are completed in a Member State                 date of arrival of the products at their destination ;
other than that in which the invitation to tender is
                                                              (c) all possible contingencies which might occur
issued, the intervention agency of the latter Member              during transportation of the products.
State shall be responsible for the operations following
tendering, including payment to the successful                The intervention agency shall transmit the informa­
tenderer.                                                     tion provided for to the Commission as soon as it is
                                                              received.
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­       5. When the intervention agency responsible for
vention agency of the Member State concerned and              the operations relating to tendering is not the interven­
shall supply it with all the information which it may         tion agency which appoints the successful tenderer, it
require.                                                      shall send as soon as possible to the latter the informa­
                                                              tion necessary for releasing the security.
Furthermore, the amount of the successful tender
shall be paid, after it has been converted using the                                        Article 8
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 1 February 1 977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                             Vice-President
                                                          ANNEX
                 Number
                  of lot
                                        Port of unloading         Minimum rate of unloading        Tonnage cif
                    1      Valparaiso                                                                2 480
                    2      Coquimbo                              Customs of the port                   365
                    3      Talcahuano                                                                2 120