CELEX: 31976R0671
Language: en
Date: 1976-03-26 00:00:00
Title: Commission Regulation (EEC) No 671/76 of 26 March 1976 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 81 / 12                           Official Journal of the European Communities                            27. 3 . 76
                                  COMMISSION REGULATION (EEC) No 671 /76
                                                      of 26 March 1976
              opening an invitation to tender (or 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 (EEC) No                     Whereas the Italian 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 (*), as amended by Regula­
tion (EEC) No 3058/75 (2),
                                                                 Whereas the Commission must be informed quickly
                                                                 of the tenders submitted in response to the invitation
Having regard to Council Regulation (EEC) No                     and of those accepted by the intervention agency ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), 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
                                                                  No 129 on the value of the unit of account and the
of Community action, to grant the equivalent of 3 700
metric tons of common wheat (in other words 2 450                 exchange rates to be applied for the purposes of the
metric tons of common wheat flour) to UNRWA                      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 delivered Ashdod, 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
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
                                                                  1 . Tenders are hereby invited for the supply to
that the tenders are as comparable as possible, account           UNRWA, by way of Community food-aid action, of
should be taken of the effect on each tender of the               2 450 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 Italy
Whereas the award under the invitation to tender                  in one lot. The product shall be mobilized on the
must be made to the tenderer offering the best terms ;            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 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 Ashdod,
the liability for any resulting costs ;                           that is at the moment when the goods are actually
                                                                  placed on the dock or in the lighter where applicable.
(0 OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 306, 26. 11 . 1975, p. 3.                             (4) OJ No 106, 30. 10. 1962, p. 2553/62.
(J) OJ No L 281 , 1 . 11 . 1975, p. 89.                           (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- 27. 3 . 76                        Official Journal of the European Communities                         No L 81 / 13
4. The successful tenderer shall deliver the product             during a period from the Wednesday of one week
in new cotton sacks of a net capacity of 50 kg.                  to the Tuesday of the following week being the
                                                                 period immediately preceding the closing date for
The following shall be printed on the sacks :                    submission of tenders .
'Wheat flour — Gift of the European Economic
Community to UNRWA — For Palestine refugees.'                                       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 12 April 1976.                                           reflect normal prices and costs, the intervention
                                                            agency may cancel the invitation to tender.
2. The closing date for submission of tenders shall
be 12 April 1976 at 12 noon.
                                                                                    Article 5
3.     The   notice of invitation  to tender shall be
published in the Official Journal of the European            1 . The tenderer shall give security in an amount of
Communities not less than nine days before the               10 units of account per metric ton of goods.
closing date for submission of tenders.                      It shall be released :
                                                            — in the case of all tenderers whose tenders are
                        Article 3
                                                                 unsuccessful or are not accepted,
 1 . The prices offered must be expressed in the            — in the case of the successful tenderer, when the
currency of the Member State in which the invitation             operations concerned have been carried out within
to tender was issued .                                           the prescribed time limit and on submission of
                                                                 the original export licence, duly granted and
2. Tenders must in particular mention the Member                 endorsed by the competent authorities of the
State in which the tenderer, in the event of his being           Member State mentioned in the tender pursuant
declared successful, expects to complete the customs             to Article 3 (2),
export formalities for the products concerned.
                                                            — in the case of the successful tenderer for quantities
3 . For the purpose of rendering the tenders compar­             not supplied by reason of force majeure.
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount and the acces­          2. The security required under paragraph 1 may be
sion compensatory amount applicable on the closing          provided in the form of a cash deposit or of a
date for submission of tenders to exports from the          guarantee issued by a credit institution conforming to
Member State mentioned in the tender pursuant to            criteria laid down by each Member State.
paragraph 2.
                                                                                    Article 6
Such correction shall be made by :
                                                             1.    The common wheat flour referred to in Article 1
— increasing prices which mention a Member State
     whose currency has depreciated or a new Member          to be supplied to UNRWA must meet the following
     State,                                                  requirements :
                                                            — moisture : 14 % maximum,
— reducing prices which mention a Member State
     whose currency has been revalued.
                                                            — protein content : 10-5 % minimum (N x 6-25 on
                                                                 dry matter),
The monetary compensatory amount shall, where               — ash content : 0-55 % referred to dry matter.
appropriate, be converted into the currency of the           Flour not meeting these requirements shall be
Member State in which the invitation to tender is
                                                             refused .
issued using :
— in the case when the currencies concerned are              2.    Tenders for supply to UNRWA of the common
                                                            wheat flour referred to in Article 1 must relate to a
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their         product with the following characteristics :
     central rate,                                          — moisture : 14 % maximum ,
— in other cases, the average of the spot rates of the      — protein content : 10-5% minimum (N x 6-25 on
     currencies concerned recorded in the Member                 dry matter),
     State in which the invitation to tender is issued      — ash content : 0*55 % referred to dry matter.
 ---pagebreak--- No L 81 / 14                       Official Journal of the European Communities                              27 . 3 . 76
                        Article 7                            4. The intervention agency shall request the
                                                             successful tenderer to supply the following informa­
1 . The Italian intervention agency shall be respon­         tion :
sible for the operations relating to the invitation to
tender provided for by this Regulation .                     (a) after each shipment, a statement giving details of
2.    It shall forthwith communicate to the Commis­              the quantities loaded, the quality of the products
sion the list of firms which have responded to the invi­         and the type of packing ;
tation to tender, specifying the terms of each tender,       (b) the date of the departure of the ships ; the esti­
together with the name and business name of the                  mated date of arrival of the products at their desti­
successful tenderer.                                             nation ;
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
issued, the intervention agency of the latter Member         The information indicated above shall be forwarded
State shall be responsible for the operations following      by the intervention agency to the Commission imme­
tendering, including payment to the successful               diately upon receipt.
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.
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 Article 3 (3) to
the tenderer in the currency of the Member State in          This Regulation shall enter into force on the day of its
which the operations relating to the tendering are           publication in the Official Journal of the European
completed.                                                    Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 26 March 1976.
                                                                       For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission