CELEX: 31976R2267
Language: en
Date: 1976-09-17 00:00:00
Title: Commission Regulation (EEC) No 2267/76 of 17 September 1976 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

18 . 9 . 76                           Official Journal of the European Communities                            No L 255/ 5
                                   COMMISSION REGULATION (EEC) No 2267/76
                                                    of 17 September 1976
              opening an invitation to tender for the mobilization of common wheat flour as
                             food aid for the International Committee of the Red Cross
 THE COMMISSION OF THE EUROPEAN                                    limits specified, it must be made clear who is to bear
 COMMUNITIES,                                                      the liability for any resulting costs ;
 Having regard to the Treaty establishing the European            Whereas provision should be made for security to be
 Economic Community,                                              given for the purpose of guaranteeing that the obliga­
                                                                   tions arising by virtue of participation in the invita­
 Having regard to Council Regulation (EEC) No                     tion to tender for supplies to the International
 2727/75 of 29 October 1975 on the common organiza­                Committee of the Red Cross will be fulfilled ;
 tion of the market in cereals ('), as amended by Regu­
 lation (EEC) No 1143/76 (2),                                     Whereas the Belgian intervention agency should be
                                                                   made responsible for the tendering procedure ;
 Having regard to Council Regulation (EEC) No
 2750/75 of 29 October 1975 laying down the condi­                Whereas the Commission must be informed quickly
 tions for the mobilization of cereals as food aid (3),           of the tenders submitted in response to the invitation
 and in particular Article 6 thereof,                             and of those accepted by the intervention agency ;
                                                                  Whereas the Monetary Committee will be consulted ;
Whereas on 21 June 1976 the Council of the Euro­
                                                                  whereas, in view of the urgency, the measures envis­
 pean Communities declared that it proposed, by way               aged should be adopted in accordance with the condi­
 of Community action, to grant the equivalent of 5 000
                                                                  tions laid down in Article 3 (2) of Council Regulation
 metric tons of common wheat (in other words 3 311                 No 129 on the value of the unit of account and the .
 metric tons of common wheat flour) to the Interna­
 tional Committee of the Red Cross under its 1975/76
                                                                  exchange rates to be applied for the purposes of the
                                                                  common agricultural policy (4), as last amended by
 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 1 accordance with the opinion of the Manage­
                                                                  ment Committee for Cereals,
Whereas the proposed invitation to tender should be
 for supply of the products delivered to Danang, that is
at the moment when the goods are actually placed on
the dock or in the lighter where applicable ;                      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            1 . Tenders are hereby invited for the supply to the
situation in the Member States and in order to ensure              International Committee of the Red Cross, by way of
that the tenders are as comparable as possible, account           Community action , of 3 311 metric tons of common
should be taken of the effect on each tender of the               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
                                                                   Belgium in one lot.      The product shall be mobilized
Whereas the award under the invitation to tender                  on the Community            market. The product shall be
must be made in favour of the tenderer offering the               loaded for departure       from any Community port.
best terms ;
                                                                  3. The invitation to tender provided for in para­
Whereas, should force majeure make it impossible to               graph 1 is for supply of products delivered Danang,
complete the operation in question within the time                that is at the moment when the goods are actually
                                                                  placed on the dock or in the lighter where applicable.
(!) 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.
(3) OJ No L 281 , 1 . 1 1 . 1975, p. 89 .                         (5 ) OJ No L 263 , 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 255/6                        Official Journal of the European Communities                              18 . 9. 76
4.    The    successful  tenderer   shall   deliver the           to the Tuesday of the following week being the
products in new cotton sacks of a net capacity of 50              period immediately preceding the closing date for
kg.                                                               submission of tenders.
On the sacks shall be printed a red cross, 15 x 15
                                                                                      Article 4
cm, as well as the following :
Wheat flour / Gift of the European Economic                 The contract shall be awarded to the tenderer offering
Community / Action of the International Committee            the best terms, taking into consideration the adjust­
of the Red Cross / For free distribution .'                  ment referred to in Article 3 (3).
                                                             However, if the tenders submitted do not appear to
                        Article 2
                                                             reflect normal market prices and costs, the interven­
1 . The decision on tenders received in response to          tion agency may cancel the invitation to tender.
the invitation provided for in Article 1 shall be taken
on 1 October 1976.                                                                    Article 5
2.    The closing date for the submission of tenders         1 . The tenderer shall give security in an amount of
shall be 1 October 1976 at 12 noon .                          10 units of account per metric ton of goods.
3.    The    notice of invitation  to tender shall be        It shall be released :
published in the Official Journal of the European            — in the case of all tenderers whose tenders are
Communities not less than nine days before the
closing date for the submission of tenders.                        unsuccessful or are not accepted,
                                                             — in the case of the successful tenderer, when the
                        Article 3
                                                                   operations concerned have been carried out within
                                                                   the prescribed time limit and on submission of
1 . The prices offered must be expressed in the                    the original export licence duly granted and
currency of the Member State in which the invitation               endorsed by the competent authorities of the
to tender was issued.                                              Member State mentioned in the tender pursuant
                                                                   to Article 3 (2),
2. Tenders must in particular mention the Member             — in the case of the successful tenderer for quantities
State in which the tenderer, in the event of his being             not supplied by reason of force majeure.
declared successful, expects to complete the customs
export formalities for the products concerned.                2. The security required under paragraph 1 may be
                                                              provided in the form of a cash deposit or of a
3.     For the purpose of rendering the tenders compar­      guarantee issued by a credit institution conforming to
able, the prices shall, where appropriate, be corrected       criteria laid down by each Member State.
by the monetary compensatory amount and the acces­
sion compensatory amount applicable on the closing
                                                                                      Article 6
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to              1.     The common wheat flour referred to in Article 1
paragraph 2.                                                  to be supplied to the International Committee of the
Such correction shall be made by :                            Red Cross must meet the following requirements :
— increasing prices which mention a Member State              — moisture : 1 2 % maximum,
     whose currency has depreciated or a new Member           — protein content : 10-5 % minimum (N x 6*25 on
     State,                                                        dry matter),
— reducing prices which mention a Member State                — ash content : 0-52 % maximum referred to dry
     whose currency has been revalued.                             matter.
The monetary compensatory amount shall, where                 Flour not meeting these requirements shall be
 appropriate, be converted into the currency of the           refused .
 Member State in which the invitation to tender is
 issued using :                                               2.      Tenders    for supply    to  the   International
                                                              Committee of the Red Cross of the common wheat
 — in the case when the currencies concerned are
                                                              flour referred to in Article 1 must relate to a product
     kept at any given moment within a band of                with the following characteristics :
     2-25 % , a conversion rate resulting from their
     central rate,                                            — moisture : 12% maximum ,
— in the other cases, the average of the spot rates of        — protein content : 1 0*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 dry
     during a period from the Wednesday of one week                 matter .
 ---pagebreak--- 18 . 9 . 76                        Official Journal of the European Communities                            No L 255/7
                         Article 7                            currency of the Member State in which the operations
                                                              relating to the tendering are completed.
1 . The Belgian intervention agency shall be respon­
sible for the operations relating to the invitation to        4. The intervention agency shall ask that the
tender provided for by this Regulation .                      tenderer specifies the following information :
2.     It shall forthwith communicate to the Commis­          (a) after each shipment, a statement giving details of
sion the list of firms which have responded to the invi­          the quantities loaded, the quality of the products
tation to tender, specifying the terms of each tender,            and their packaging ;
together with the name and business name of the               (b) the date of the departure of the ships, the expected
successful tenderer.                                              date of arrival of the products at their destination ;
3 . Where the customs export formalities for the              (c) all possible contingencies which might occur
mobilized product are completed in a Member State                 during transportation of the products.
other than that in which the invitation to tender is
                                                              The intervention agency shall transmit the informa­
issued, the intervention agency of the latter Member          tion provided for to the Commission as soon as it is
State shall be responsible for the operations following       received .
tendering, including payment to- the successful
tenderer.                                                     5. When the intervention agency responsible for
In such case, the intervention agency choosing the            the operations relating to tendering is not the interven­
successful tenderer shall immediately inform the inter­       tion agency which appoints the successful tenderer, it
vention agency of the Member State concerned and              shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may         tion necessary for releasing the security.
require.
                                                                                       Article 8
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the           This Regulation shall enter into force on the day of its
average of the spot rates referred to in the second           publication in the Official Journal of the European
subparagraph of Article 3 (3) to the tenderer in the          Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 17 September 1976.
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                    Member of the Commission