31976R1275
1 . 6 . 76 Official Journal of the European Communities No L 143 / 39
COMMISSION REGULATION ( EEC) No 1275 /76 of 31 May 1976 opening a new invitation to tender for 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 may relate to products mobilized anywhere within COMMUNITIES, 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 Having regard to the Treaty establishing the European should be taken of the effect on each tender of the Economic Community, currency situation in the Member State in which the customs export formalities will be completed ; Having regard to Council Regulation ( EEC) No 2727/75 of 29 October 1975 on the common organiza Whereas the award under the invitation to tender tion of the market in cereals ('), as amended by Regula tion (EEC) No 1143/76(2), must be made to the tenderer offering the best terms ;
Having regard to Council Regulation (EEC) No Whereas, should force majeure make it impossible to 2750/75 of 29 October 1975 laying down the condi complete the operation in question within the time tions for the mobilization of cereals as food aid (3), and limits specified, it must be made clear who is to bear in particular Article 6 thereof, the liability for any resulting costs ;
Whereas on 3 March 1975 the Council of the Euro Whereas provision should be made for security to be pean Communities declared that it proposed, by way of Community action , to grant the equivalent of 3 700 given for the purpose of guaranteeing that the obliga tions arising by virtue of participation in the invita metric tons of common wheat (in other words 2 450 tion to tender for supplies to UNRWA will be metric tons of common wheat flour) to UNRWA fulfilled ; under its 1974/75 food-aid programme ;
Whereas purusant to Article 3 (3) of Council Regula Whereas the Italian intervention agency should be tion (EEC) No 2750/75 the goods may be purchased made responsible for the tendering procedure ; anywhere on the Community market ;
Whereas the Commission must be informed quickly Whereas the successful tenderer appointed under of the tenders submitted in response to the invitation Commission Regulation (EEC) No 671 /76 of 26 and of those accepted by the intervention agency ; 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 ( UNRWAX4 ), has not been able to carry out Whereas the Monetary Committee will be consulted ; the execution of this aid ; whereas it is necessary to whereas, in view of the urgency the measures envis open a new tender ; aged should be adopted in accordance with the condi tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the Whereas the proposed invitation to tender should be exchange rates to be applied for the purposes of the for supply of the products delivered Ashdod, that is at common agricultural policy (5), as last amended by the moment when the goods are actually placed on Regulation (EEC) No 2543/73 (6), and in particular the dock or in the lighter where applicable ; Article 3 thereof ;
Whereas tenders may be submitted by tenderers esta Whereas the measures provided for in this Regulation blished in any Member State of the Community and are in accordance with the opinion of the Manage ment Committee for Cereals, (') OJ No L 281 , 1 . II . 1975 , p . 1 . (-) O'l No L 130, 19 . 5 . 1976, p. I. (->) O'j No L 281 , I. II . 1975, p. 89, (5 ) OJ No 106, 30 . 10 . 1962, p. 2553/62. H O'l No L 81 , 27. 3 . 1976, p. 12. (*>) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
No L 143 /40 Official Journal of the European Communities 1 . 6 . 76
HAS ADOPTED THIS REGULATION : The monetary compensatory amount shall, where appropriate, be converted into the currency of the Article 1 Member State in which the invitation to tender is issued using : 1 . Tenders are hereby invited for the supply to — in the case when the currencies concerned are UNRWA by way of Community food-aid action, of 2 450 metric tons of common wheat flour. kept at any given moment within a band of 2-25 % , a conversion rate resulting from their 2. The tendering procedure shall take place in Italy central rate, in one lot. The product shall be mobilized on the — in other cases, the average of the spot rates of the Community market. The product shall be loaded for currencies concerned recorded in the Member departure from any Community port. State in which the invitation to tender is issued during a period from the Wednesday of one week 3 . The invitation to tender provided for in para to the Tuesday of the following week being the graph 1 is for supply of products delivered Ashdod, period immediately preceding the closing date for that is at the moment when the goods are actually submission of tenders . placed on the dock or in the lighter where applicable .
4 . The successful tenderer shall deliver the Article 4 products in new cotton sacks of a net capacity of 50 kg The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust The following shall be printed on the sacks : ment referred to in Article 3 (3). 'Wheat flour — Gift of the European Economic However, if the tenders submitted do not appear to Community to UNRWA — For Palestine refugees.' reflect normal prices and costs, the intervention agency may cancel the invitation to tender. Article 2
1 . The decision on tenders received in response to Article 5 the invitation provided for in Article 1 shall be taken 1 . The tenderer shall give security in an amount of on 11 June 1976 . 10 units of account per metric ton of goods. 2. The closing date for submission of tenders shall It shall be released : be 11 June 1976 at 12 noon . — in the case of all tenderers whose tenders are 3 . The notice of invitation to tender shall be unsuccessful or are not accepted, published in the Official Journal of the European — in the case of the successful tenderer, when the Communities not less than nine days before the closing date for 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 not supplied by reason of force majeure. 2. Tenders must in particular mention the Member 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 tenderer comparable, the prices shall, where appropriate, be corrected by the monetary compensatory amount and Article 6 the accession compensatory amount applicable on the 1 . The common wheat flour referred to in Article 1 closing date for submission of tenders to exports from the Member State mentioned in the tender pursuant to be supplied to UNRWA must meet the following requirements : to paragraph 2. — moisture : 14 % maximum , Such correction shall be made by : — protein content : 10-5 % minimum (N X 6-25 on — increasing prices which mention a Member State dry matter), whose currency has depreciated or a new Member — ash content : 0-55 % referred to dry matter. State, — reducing prices which mention a Member State Flour not meeting these requirements shall be whose currency has been revalued . refused .
1 . 6 . 76 Official Journal of the European Communities No L 143/41
2. Tenders for supply to UNRWA of the common Furthermore, the amount of the successful tender wheat flour referred to in Article 1 must relate to a shall be paid after it has been converted using the product with the following characteristics : average of the spot rates referred to in Article 3 (3) to — moisture : 14 % maximum , the tenderer in the currency of the Member State in which the operations relating to the tendering are — protein content : 10-5 % minimum (N X 6-25 on completed. dry matter), 4. The intervention agency shall request the — ash content : 0-55 % referred to dry matter. successful tenderer to supply the following informa tion : Article 7 (a) after each shipment a statement giving details of 1 . The Italian intervention agency shall be respon the quantities loaded, the quality of the products sible for the operations relating to the invitation to and the type of packing ; tender provided for by this Regulation. (b) the date of the departure of the ships ; the esti 2 . It shall forthwith communicate to the Commis mated date of arrival of the products at their desti nation ; sion the list of firms which have responded to the invi tation to tender, specifying the terms of each >tender, (c) all possible contingencies which might occur together with the name and business name of the during transportation of the products. successful tenderer . The information indicated above shall be forwarded by the intervention agency to the Commission imme 3 . Where the customs export formalities for the diately upon receipt. mobilized product are completed in a Member State other than that in which the invitation to tender is 5. When the intervention agency responsible for issued, the intervention agency of the latter Member the operations relating to tendering is not the interven State shall be responsible for the operations following tion agency which appoints the successful tenderer, it tendering, including payment ato the successful shall send as soon as possible to the latter the informa tenderer. tion necessary for releasing the security. In such case, the intervention agency chosing 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, 31 May 1976.
For the Commission
P.J. LARDINOIS Member of the Commission