31975R1166
6 . 5 . 75 Official Journal of the European Communities No L 116/ 11
REGULATION ( EEC ) No 1166 / 75 OF THE COMMISSION of 5 May 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Hashemite Kingdom of Jordan
THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES , given to guarantee fulfilment of obligations arising by virtue of participation in the invitation to tender for Having regard to the Treaty establishing the European the supply of goods to the Hashemite Kingdom of Economic Community ; Jordan ;
Having regard to Council Regulation No 120 / Whereas the Belgian intervention agency should be 67/ EEC (') of 13 June 1967 on the common organiza made responsible for organizing the invitation to tion of the market in cereals, as last amended by Regu tender ; lation ( EEC) No 665/75 (2 ) ; Whereas it is important that the Commission be Having regard to Council Regulation ( EEC) No informed without delay of the tenders submitted in 1 693/72 (3 ) of 3 August 1972 laying down the condi response to the invitation and of those accepted by tions for the mobilization of cereals to be used as food the intervention agency ; aid, and in particular Article 6 thereof ; Whereas the Monetary Committee will be consulted ; Whereas on 3 March 1975 the Council of the Euro whereas, in view of the urgency , the measures envis pean Communities declared that by way of Commu aged should be adopted in accordance with the condi nity action it proposed to grant to the Hashemite tions laid down in Article 3 (2) of Council Regulation Kingdom of Jordan the equivalent of 10 000 metric No 129 (4 ) on the value of the unit of account and the tons of common wheat, in the form of flour, i.e. 6 623 exchange rates to be applied for the purposes of the metric tons of common wheat flour, under its 1974/ 75 common agricultural policy, as last amended by Regu food-aid programme ; lation ( EEC) No 2543/73 (5 ), and in particular Article 3 thereof ; Whereas pursant to Article 3 (3) of Council Regula tion ( EEC) No 1693/72 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 tenders should be invited for the supply of 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 Article 1 may relate to products mobilized anywhere within those Member States ; whereas , in view of the currency situation in the Member States and in order to ensure 1 . An invitation to tender shall be issued in respect that the tenders are as comparable as possible , account of the supply of 6 623 metric tons of common wheat should be taken of the effect on each tender of the flour to the Hashemite Kingdom of Jordan by way of currency situation in the Member State in which the Community food-aid action . customs export formalities will be completed ;
2. The Rendering procedure shall take place in the Whereas the contract should be awarded to the Kingdom of Belgium and shall be in respect of a tenderer who makes the best offer ; single lot .
Whereas it must be made clear who is to bear any 3 . The goods shall be mobilized on the Commu costs which arise in the event that for reasons of force nity market . majeure the operation in question is not completed within the time stipulated ; 4 . Shipment shall be from a Community port . (') O ) No 117 , 19 . 6 . 1967 , p . 2269 / 67 . (-) O'l No L 72 , 20 . 3 . 1975 , p . 14 . (4 ) OJ No 106, 30 . 10 . 1962 , p . 2553 / 62 . (') O'l No L. 178 , 5 . 8 . 1972, p . 3 . ( 5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
No L 116 / 12 Official Journal of the European Communities 6 . 5 . 75
.5 . The product referred to in paragraph 1 is to be State in which the invitation to tender is issued delivered in new cotton sacks of a net capacity of during a period from the Wednesday of one week 50 kg to the port of shipment in the vicinity of the to the Tuesday of the following week being the vessel . The goods must be set down at the place nomi period immediately preceding the closing date for submission of tenders . nated by the recipient country or its agent, the timing of delivery being settled by the tenderer and the recip ient country's agent . Article 4 I 6 . The following shall be printed on the sacks : The contract shall be awardecf to the tenderer offering 'Wheat flour — gift of the European Community — the best terms, taking into consideration the adjust for free distribution '. ment referred to in Article 3 (3).
Article 2 However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven 1 . The award of the contract shall take place on 16 tion agency may cancel the invitation to tender. May 1975 .
Article 5 2 . The closing date for submission of tenders shall be 16 May 1975 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be 10 units of account per metric ton of goods . published in the Official Journal of the European Communities not less than nine days before the It shall be released : closing date for submission of tenders . — in the case of all tenderers whose tenders are unsuccessful or are not accepted , Article J — in the case of the successful tenderer, when the operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation to tender was issued . the original export licence duly granted and endorsed by the competent authorities of the 2 . Tenders must in particular mention the Member Member State mentioned in the tender pursuant State in which the tenderer, in the event of his being to Article 3 ( 2), declared successful , expects to complete the customs — in the case of the successful tenderer for quantities export formalities for the products concerned . not supplied by reason of force majeure.
3 . For the purpose of rendering the tenders compar 2 . The security required under paragraph 1 may be able , the prices shall , where appropriate , be corrected provided in the form of a cash deposit or of a by the monetary compensatory amount and the acces guarantee issued by a credit institution conforming to sion compensatory amount applicable on the closing criteria laid down by each Member State . date for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph 2 . Article 6
Such correction shall be made by : 1 . The goods referred to in Article I which are to — increasing prices which mention a Member State be supplied to the Hashemite Kingdom of Jordan whose currency has depreciated or a new Member must meet the following requirements : State , common wheat flour : — reducing prices which mention a Member State whose currency has been revalued . — moisture content : 15% maximum ; — acidity : 4 ml NaOH / n maximum per 100 g (calcu The monetary compensatory amount shall , where lated on the dry matter) ; appropriate , be converted into the currency of the Member State in which the invitation to tender is — ash content : 0-52 % maximum on the dry matter. issued using : If the goods referred to in Article 1 do not meet the — in the case when the currencies concerned are foregoing requirements they shall be rejected and the kept at any given moment within a band of successful tenderer shall be owner thereof . 2-25 % , a conversion rate resulting from their central rate , 2 . Tenders for supply to the Hashemite Kingdom — in the other cases, the average of the spot rates of of Jordan of the goods referred to in Article 1 must the currencies concerned recorded in the Member relate to products with the following characteristics :
6 . 5 . 75 No L 116 / 13 Official Journal of the European Communities
common wheat flour : currency of the Member State in which the operations — moisture content : 15 % maximum ; relating to the tendering are completed .
— acidity : 4 ml NaOH / n maximum per 100 g (calcu 4 . The intervention agency shall request the lated on the dry matter) ; successful tenderer to supply the following informa tion : — ash content : 0-52 % maximum on the dry matter . (a ) after each shipment a certificate showing the quan Article 7 : tities dispatched and the quality of the products ; 1 . The Belgian intervention agency shall be respon ( b) the date of departure of the vessels . sible for operations relating to the invitation to tender The information indicated above shall be forwarded provided for by this Regulation . by the intervention agency to the Commission imme 2 . It shall forthwith communicate to the Commis diately upon receipt . sion the list of firms which have responded to the invi 5 . When the intervention agency responsible for tation to tender, specifying the terms of each tender, the operations relating to tendering is not the interven together with the name and business name of the successful tenderer . tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa 3 . Where the customs export formalities for the tion necessary for releasing the security . mobilized product are completed in a Member State other than that in which the invitation to tender is Article 8 issued, the intervention angency of the latter Member State shall be responsible for the operations following On deliver)-' of the goods at the port of shipment, a tendering, including payment to the successful handing-over certificate shall be supplied to the tenderer . successful tenderer, acting as agent for the Commu nity, by the agent of the recipient country or, in the In such case, the intervention agency choosing the absence of the latter, by the intervention agency of the successful tenderer shall immediately inform the inter Member State in whose territory the port of shipment vention agency of the Member State concerned and is situated . shall supply it with all the information which it may require . . Article 9 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.
I his Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 5 May 1975
For the Commission
P. J. LARDINOIS
Member of the Commission