31975R1012
No L 98 / 8 19 . 4 . 75 Official Journal of the European Communities
REGULATION ( EEC) No 1012/75 OF THE COMMISSION of 18 April 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations High Commission for Refugees
THE COMMISSION OF THE EUROPEAN Whereas, should force majeure make it impossible to COMMUNITIES , complete the operation in question within the time limits specified, it must be made clear who is to bear the liability for any resulting costs ; Having regard to the Treaty establishing the European Economic Community ; Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga Having regard to Council Regulation No 120/ tions arising by virtue of participation in the invita 67/EEC (') of 13 June 1967 on the common organiza tion to tender for supplies to the United Nations tion of the market in cereals, as last amended by Regu High Commission for Refugees will be fulfilled ; lation (EEC) No 665/75 (2) ; Whereas the Danish intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure ; 1 693/72 (3 ) of 3 August 1972 laying down the condi tions for the mobilization of cereals as food aid , and Whereas the Commission must be informed quickly in particular Article 6 thereof ; of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Whereas on 3 March 1975 the Council of the Euro pean Communities declared that it proposed, by way Whereas the Monetary Committee will be consulted ; of Community action, to grant the equivalent of 5 000 whereas, in view of the urgency, the measures envis metric tons of common wheat (in other words, 3 311 aged should be adopted in accordance with the condi metric tons of common wheat flour) to the United tions laid down in Article 3 (2) of Council Regulation Nations High Commission for Refugees under its No 129 (4) on the value of the unit of account and the 1974/75 food-aid programme ; exchange rates to be applied for the purposes of the common agricultural policy, as last amended by Regu lation (EEC) No 2543/73 (5), and in particular Article Whereas pursuant to Article 3 (3) of Council Regula 3 thereof ; tion (EEC) No 1693/72 the goods may be purchased anywhere on the Community market ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage Whereas tenders should be invited for the supply of ment Committee for Cereals, the product to the port of shipment in the vicinity of the vessel , the goods to be set down at the place nomi nated by the recipient or its agent ;
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 the should be taken of the effect on each tender of the United Nations High Commission for Refugees by currency situation in the Member State in which the way of a Community food-aid action of 3 311 metric customs export formalities will be completed ; tons of common wheat flour.
Whereas the award under the invitation to tender 2. The tendering procedure shall take place in Denmark in one lot. The product shall be mobilized must be made in favour of the tenderer offering the best terms ; on the Community market. The products shall be loaded for departure from any Community port. (M 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 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
19 . 4 . 75 No L 98 / 9 Official Journal of the European Communities
State in which the invitation to tender is issued 3 . The product referred to in paragraph 1 is to be delivered in new cotton sacks of a net capacity of 50 during a period from the Wednesday of one week kilogrammes to the port of shipment in the vicinity of to the Tuesday of the following week being the the vessel . The goods must be set down at the place period immediately preceding the closing date for nominated by the recipient country or its agent, the submission of tenders . timing of delivery being settled by the tenderer and the recipient country's agent. Article 4
The following shall be printed on the sacks : The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust 'Wheat flour — gift of the European Community to ment referred to in Article 3 (3). the UNHCR for free distribution to Cyprus popula tion .' However, if the tenders submitted do not appear to reflect normal market prices and costs , the interven Article 2 tion agency may cancel the invitation to tender.
1 . The decision on tenders received in response to Article 5 the invitation provided for in Article 1 shall be taken oh 2 May 1975 . 1 . The tenderer shall give security in an amount of 10 units of account per metric ton of goods . 2. The closing date for the submission of tenders shall be 2 May 1975 at 12 noon . It shall be released :
3 . The notice of invitation to tender shall be — in the case of all tenderers whose tenders are published in the Official Journal of the European unsuccessful or are not accepted , Communities not less than nine days before the — in the case of the successful tenderer, when the closing date for the submission of tenders. operations concerned have been carried out within the prescribed time limit and on submission of Article 3 the original export licence duly granted and 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 2. Tenders must in particular mention the Member not supplied by reason of force majeure. 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 Article 6 by the monetary compensatory amount and the acces 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 to be supplied to the United Nations High Commis Member State mentioned in the tender pursuant to sion for Refugees must meet the following require paragraph 2. ments : Such correction shall be made by : — moisture : 12% maximum ; — increasing prices which mention a Member State — protein content : 10-5% minimum (N x 6-25 on whose currency has depreciated or a new Member dry matter) ; State, — ash content : 0-52 % maximum referred to dry matter . — reducing prices which mention a Member State whose currency has been revalued . Flour not meeting these requirements shall be refused . The monetary compensatory amount shall, where appropriate, be converted into the currency of the 2. Tenders for supply to the United Nations High Member State in which the invitation to tender is Commission for Refugees of the common wheat flour issued using : referred to in Article 1 must relate to a product with — in the case when the currencies concerned are the following characteristics : kept at any given moment within a band of — moisture : 1 2 % 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 .
No L 98 / 10 Official Journal of the European Communities 19 . 4 . 75
Article 7 4. The intervention agency shall request the successful tenderer to supply the following informa 1 . The Danish intervention agency shall be respon tion : sible for organizing the invitation to tender provided (a) after each shipment a certificate showing the quan for by this Regulation . tities dispatched and the quality of the products ; 2 . It shall forthwith communicate to the Commis (b) the date of departure of the vessels. sion the list of firms which have responded to the invi The information indicated above shall be forwarded tation to tender, specifying the terms of each tender, by the intervention agency to the Commission imme together with the name and business name of the successful tenderer . diately upon receipt. 5 . When the intervention agency responsible for 3 . Where the customs export formalities for the the operations relating to tendering is not the interven mobilized product are completed in a Member State tion agency which appoints the successful tenderer, it other than that in which the invitation to tender is shall send as soon as possible to the latter the informa issued, the intervention agency of the latter Member tion necessary for releasing the security. State shall be responsible for the operations following tendering, including payment to the successful Article 8 tenderer . On delivery of the goods at the port of shipment, a In such case, the intervention agency choosing the handing-over certificate shall be supplied to the successful tenderer shall immediately inform the inter successful tenderer, acting as agent for the Commu vention agency of the Member State concerned and nity, by the agent of the recipient country or, in the shall supply it with all the information which it may absence of the latter, by the intervention agency of the require . Member State in whose territory the port of shipment is situated . Furthermore , the amount of the successful tender shall be paid after it has been converted using the Article 9 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, 18 April 1975 .
For the Commission
P.J. LARDINOIS Member of the Commission