CELEX: 31975R2398
Language: en
Date: 1975-09-20 00:00:00
Title: Regulation (EEC) No 2398/75 of the Commission of 19 September 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of Haiti

No L 246/22                              Official Journal of the European Communities                            20 . 9. 75
                            REGULATION ( EEC) No 2398 /75 OF THE COMMISSION
                                                      of 19 September 1975
               opening an invitation to tender for the mobilization of common wheat flour as
                                              food aid for the Republic of Haiti
THE COMMISSION OF THE EUROPEAN                                      by virtue of participation in the invitation to tender
COMMUNITIES,                                                        for the supply of wheat flour to the Republic of Haiti .
Having regard to the Treaty establishing the European               Whereas the French intervention agency should be
Economic Community ;                                                made responsible for the tendering procedure in ques­
                                                                    tion ;
Having regard to Council Regulation No 120/
67/ EEC (') of 13 June 1967 on the common organiza­                 Whereas the Commission must be informed quickly
tion of the market in cereals, as last amended by Regu­             of the tenders submitted in response to the invitation
lation (EEC) No 665/75 (2) ;                                        and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                        Whereas the Monetary Committee will be consulted ;
1 693/72 (3) of 3 August 1972 laying down the condi­                whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid, and              aged should be adopted in accordance with the condi­
in particular Article 6 thereof ;                                   tions laid down in Article 3 (2) of Council Regulation
                                                                    No 129 (4) on the value of the unit of account and the
Whereas on 3 March 1975 the Council of the Euro­
                                                                    exchange rates to be applied for the purposes of the
pean Communities declared that by way of Commu­                     common agricultural policy, as last amended by Regu­
nity action it proposed to grant the Republic of Haiti              lation (EEC) No 2543/73 (5), and in particular Article
 1 986 metric tons of flour under its 1974/75 food-aid
                                                                    3 thereof ;
programme ;
                                                                    Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 1693/72 the goods may be purchased
                                                                    are in accordance with the Opinion of the Manage­
                                                                    ment Committee for Cereals,
anywhere on the Community market ;
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of               HAS ADOPTED THIS REGULATION :
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                                               Article 1
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 the
 may relate to products mobilized anywhere within                    World Food Programme by way of Community food­
those Member States ; whereas, in view of the currency               aid action to the Republic of Haiti of :
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account              — 1 000 metric tons of common wheat flour (lot No
should be taken of the effect on each tender of the                        0,
 currency situation in the Member State in which the
                                                                     — 986 metric tons of common wheat flour (lot No 2).
 customs export formalities will be completed ;
Whereas the award under the invitation to tender                     2. The tendering procedure shall take place in
 must be made in favour of the tenderer offering the                 France in two lots. The product shall be mobilized on
 best terms ;                                                        the Community market. The product shall be loaded
                                                                     for departure from any Community port.
 Whereas, should force majeure make it impossible to
 complete the operation in question within the set                   3 . The flour is to be delivered in new polyester
 time limits, it should be made clear who is to bear the             sacks lined with Kraft paper with three pleats, of a net
 liability for any resulting costs ;                                 capacity of 50 kg to the port of shipment in the
                                                                     vicinity of the vessel . The goods must be set down at
 Whereas provision should be made for security to be                 the place nominated by the recipient country or its
 given to guarantee fulfilment of the obligations arising            agent, the timing of delivery being settled by the
                                                                     tenderer and the recipient country's agent.
 (') 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.
 (J) OJ No L 178 , 5 . 8 . 1972, p . 3 .                             (s ) OJ No L 263, 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- 20 . 9 . 75                          Official Journal of the European Communities                           No L 246/23
     4.      The following shall be printed on the sacks :           period immediately preceding the closing date for
                                                                    submission of tenders.
     ' Farine de froment — Don de la Communauté
     économique européenne à la République d'Haiti
     — A distribuer gratuitement'.                                                        Article 4
                                                               The contract shall be awarded to the tenderer offering
                          Article 2                            the best terms, taking into consideration the adjust­
                                                                ment referred to in Article 3 (3).
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken         However, if the tenders submitted do not appear ' to
on 3 October 1975 .                                             reflect normal market prices and costs, the interven­
                                                                tion agency may cancel the invitation to tender.
2.      The closing date for submission of tenders shall
be 3 October 1975 at 12 noon .
                                                                                          A rticle 5
3.      The    notice of  invitation  to  tender  shall be
published in the Official Journal of the European               If the tenderer is unable to deliver the goods in
Communities, not less than nine days before the                 compliance with Article 1 (3) on the date given in the
                                                                notice of invitation ta tender as a result of the late
closing date for submission of tenders.
                                                                availability of the vessels to be used for sea transporta­
                                                                tion , the resulting costs shall be borne by the interven­
                          Article J                             tion agency.
1 . The prices offered must be expressed in the                                           Article 6
currency of the Member State in which the invitation
to tender was issued .
                                                                 1 . The tenderer shall give security in an amount of
                                                                ten 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
                                                                — in the case of all tenderers whose tenders are
export formalities for the products concerned .
                                                                     unsuccessful or arc 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),
                                                                — in the case of the successful tenderer for quantities
Such correction shall be made by :
                                                                     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
                                                                guarantee issued by a credit institution conforming to
— reducing prices which mention a Member State                  criteria laid down by each Member State.
      whose currency has been revalued.
The monetary compensatory amount shall , where                                            Article 7
appropriate, be converted into the currency of the
Member State in which the invitation to tender is               The common wheat flour mentioned in Article              1
issued using :                                                  which is to be supplied to the Republic of Haiti must
                                                                 be as follows :
— ' in the case when the currencies concerned are
      kept at any given moment within a band of                 — moisture : 14% maximum ,
      2 25 % , a conversion rate resulting from their           — protein content : 10-5% minimum (N x 6-25 on
      central rate,                                                  dry matter),
— in the other cases, the average of the spot rates of          — ash content : 0-52 % maximum referred to dry
      the currencies concerned recorded in the Member                matter .
      State in which the invitation to tender is issued
      during a period from the Wednesday of one week             Flour not meeting these requirements shall be
      to the Tuesday of the following week being the             refused .
 ---pagebreak---  No L 246/24                       Official Journal of the European Communities                                20 . 9 . 75
                         Article 8                            average of the spot rates referred to in the second
                                                              subparagraph of Article 3 (3) to the tenderer in the
 1 . The French intervention agency shall be respon­          currency of the Member State in which the operations
 sible for organizing the invitation to tender provided        relating to the tendering are completed.
■for by this Regulation .
 2.    It shall forthwith communicate to the Commis­
                                                              4. The intervention agency shall request, the
                                                              successful tenderer to supply the following informa­
 sion the list of firms which have responded to the invi­      tion :
 tation to tender, specifying the terms of each tender,
 together with the name and business name of the              (a) after each shipment a certificate showing the quan­
 successful tenderer.                                              tities dispatched and the quality of the products ;
                                                               (b) the date of departure of the vessels.
 3. Where the customs export formalities for the
 mobilized product are completed in a Member State             The information indicated above shall be forwarded
 other than that in which the invitation to tender is          by the intervention agency to the Commission imme­
 issued, the intervention agency of the latter Member          diately upon receipt.
 State shall be responsible for the operations following
                                                               5. When the intervention agency responsible for
 tendering, including payment to the successful                the operations relating to tendering is not the interven­
 tenderer.
                                                               tion agency which appoints the successful tenderer, it
 In such case, the intervention agency choosing the            shall send as soon as possible to the latter the informa­
 successful tenderer shall immediately inform the inter­       tion necessary for releasing the security.
 vention agency of the Member State concerned and
 shall supply it with all the information which it may                                 Article 9
 require .
                                                               This Regulation shall enter into force on the day of its
 Furthermore, the amount of the successful tender               publication in the Official Journal of the European
 shall be paid after it has been converted using the            Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 19 September 1975 .
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                      Member of the Commission