31976R1126

15 . 5 . 76 No L 127/ 25 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1126/76 of 14 May 1976 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Sao Tome and Principe

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 tion to tender will be fulfilled ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas the Italian intervention agency should be tion of the market in cereals (!), as amended by Regula­ made responsible for the tendering procedure ; tion (EEC) No 832/76 (2),

Whereas the Commission must be informed quickly Having regard to Council Regulation (EEC) No of the tenders submitted in response to the invitation 2750/75 of 29 October 1975 laying down the condi­ and of those accepted by the intervention agency ; 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 25 March 1976 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 of Community action, to grant the equivalent of 602 No 129 on the value of the unit of account and the metric tons of common wheat (in other words 400 exchange rates to be applied for the purposes of the metric tons of common wheat flour) to the Democ­ common agricultural policy (4), as last amended by ratic Republic of Sao Tome and Principe under its Regulation (EEC) No 2543/73 (5), and in particular 1975/76 food-aid programme ; Article 3 thereof ;

Whereas pursuant to Article 3 (3) of Council Regula­ Whereas the measures provided for in this Regulation tion (EEC) No 2750/75 the goods may be purchased are in accordance with the opinion of the Manage­ anywhere on the Community market ; ment Committee for Cereals,

Whereas the proposed invitation to tender should be for supply of the products delivered Sao Tome that is at the moment when the goods are actually removed HAS ADOPTED THIS REGULATION : from the ship's hold at the port of unloading ;

Article 1 Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and may relate to products mobilized anywhere within 1 . Tenders are hereby invited for the supply to the those Member States ; whereas, in view of the currency Democratic Republic of Sao Tome and Principe by situation in the Member States and in order to ensure way of Community action , of 400 metric tons of that the tenders are as comparable as possible, account common wheat flour. should be taken of the effect on each tender of the currency situation in the Member State in which the 2. The tendering procedure shall take place in Italy customs export formalities will be completed ; in one lot. The product shall be mobilized on the market. The products shall be loaded for departure Whereas the award under the invitation to tender from a Community port. must be made in favour of the tenderer offering the best terms ; 3. The invitation to tender provided for in para­ graph 1 is for supply of products delivered Sao Tome that is at the moment when the goods are actually Whereas, should force majeure make it impossible to complete the operation in question within the time removed from the ship's hold at the port of unloading. (!) OJ No L 281 , 1 . 11 . 1975 , p. 1 . (2) OJ No L 100, 14. 4. 1976, p. 1 . (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. P) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No L 263, 19 . 9 . 1973, p. 1 .

No L 127 / 26 15.5.76 Official Journal of the European Communities

The recipient country shall bear all costs subsequent The monetary compensatory amount shall, where to delivery of the goods, including unloading costs appropriate, be converted into the currency of the (such as unstowing, hoisting and reception) and any Member State in which the invitation to tender is lighterage costs . issued using : — in the case when the currencies concerned are Any demurrage costs or dispatch money at the port of kept at any given moment within a band of unloading shall be a charge on or for the benefit of 2-25 % , a conversion rate resulting from their the recipient country. The rates and detailed arrange­ central rate, ments relating thereto laid down in the contract between the authorized agent of the Community and — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member the carrier must have been agreed upon in advance by State in which the invitation to tender is issued the authorized agent and the receiving agent of the recipient country. during a period from the Wednesday of one week to the Tuesday of the following week being the 4. The successful tenderer shall deliver the product period immediately preceding the closing date for specified in paragraph 1 to the ports listed in the submission of tenders . Annex in new cotton sacks, having a net capacity of 50 kg. 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 ' Farinha — Dom da Comunidade economica europeia ment referred to in Article 3 (3). a Republica democratica de Sâo Tomé e Principe'. However, if the tenders submitted do not appear to Article 2 reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Article 5 on 28 May 1976 . 1 . The tenderer shall give security in an amount of 2. The closing date for the submission of tenders 10 units of account per metric ton of goods. shall be 28 May 1976 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 closing date for the submission of tenders. — in the case of the successful tenderer, when the operations concerned have been carried out within the prescribed time limit and on submission of Article 3 the original export licence duly granted and 1 . The prices offered must be expressed in the endorsed by the competent authorities of the Member State mentioned in the tender pursuant currency of the Member State in which the invitation to tender was issued . to Article 3 (2), — 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 declared successful, expects to complete the customs 2. The security required under paragraph 1 may be export formalities for the products concerned. provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to 3 . For the purpose of rendering the tenders compar­ criteria laid down by each Member State . able, the prices shall, where appropriate, be corrected by the monetary compensatory amount and the acces­ Article 6 sion compensatory amount applicable on the closing date for submission of tenders to exports from the 1 . The common wheat flour referred to in Article 1 Member State mentioned in the tender to exports to be supplied to Sao Tome and Principe must meet from the Member State mentioned in the tender the following requirements : pursuant to paragraph 2. — moisture : 1 2 % maximum ; Such correction shall be made by : — protein content : 10-5 % minimum (N x 6*25 on dry matter) ; — increasing prices which mention a Member State — ash content : 0-52 % maximum referred to dry whose currency has depreciated or a new Member matter . State, — reducing prices which mention a Member State Flour not meeting these requirements shall be whose currency has been revalued. refused .

15 . 5 . 76 No L 127/27 Official Journal of the European Communities

2. Tenders for supply to Sao Tome and Principe of Furthermore, the amount of the successful tender the common wheat flour referred to in Article 1 must shall be paid after it has been converted using the relate to a product with the following characteristics : average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the — moisture : 1 2 % maximum ; currency of the Member State in which the operations — protein content : 10-5 % minimum (N x 6-25 on relating to the tendering are completed. dry matter) ; — ash content : 0-52 % maximum referred to dry 4. The intervention agency shall ask that the matter . tenderer specifies the following information :

(a) after each shipment, a statement giving details of Article 7 the quantities loaded, the quality of the products and their packaging ; 1 . The Italian intervention agency shall be respon­ sible for the operations relating to the invitation to (b) the date of the departure of the ships, the expected tender provided for by this Regulation . date of arrival of the products at their destination ; 2 . It shall forthwith communicate to the Commis­ (c) all possible contingencies which might occur sion the list of firms which have responded to the invi­ during transportation of the products. tation to tender, specifying the terms of each tender, The intervention agency shall transmit the informa­ together with the name and business name of the successful tenderer. tion provided for to the Commission as soon as it is received . 3 . Where the customs export formalities for the mobilized product are completed in a Member State 5. When the intervention agency responsible for other than that in which the invitation to tender is the operations relating to tendering is not the interven­ issued, the intervention agency of the latter Member tion agency which appoints the successful tenderer, it State shall be responsible for the operations following shall send as soon as possible to the latter the informa­ tendering, including payment to the successful tion necessary for releasing the security. tenderer.

In such case, the intervention agency choosing the Article 8 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and This Regulation shall enter into force on the day of its shall supply it with all the information which it may publication in the Official Journal of the European require . Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 14 May 1976 .

For the Commission P.J. LARDINOIS Member of the Commission

ANNEX

Number Metric Port of unloading Minimum rate of unloading of lot tonnage cif

1 Sao Tome Customs of the port 400