31976R1676

No L 186/24 Official Journal of the European Communities 10 . 7 . 76

COMMISSION REGULATION ( EEC) No 1676/76 of 9 July 1976 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of the Philippines

THE COMMISSION OF THE EUROPEAN virtue of participation in the invitation to tender for COMMUNITIES , the supply of goods to the Republic of the Philip­ pines, Having regard to the Treaty establishing the European Economic Community, Whereas the Belgian intervention agency should be made responsible for organizing the invitation to Having regard to Council Regulation (EEC) No tender ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as amended by Regula­ Whereas the Commission must be informed quickly tion (EEC) No 1 143/76 (2), of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid (3), and whereas, in view of the urgency, the measures envis­ in particular Article 6 thereof, aged should be adopted in accordance with the condi­ Whereas on 25 March 1976 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the pean Communities declared that it proposed, by way of Community action , to grant the equivalent of 2 500 exchange rates to be applied for the purposes of the metric tons of common wheat, in the form of 1 656 common agricultural policy (4), as last amended by metric tons of common wheat flour, to the Republic Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; of the Philippines under its 1975/76 food-aid programme ; Whereas the measures provided for in this Regulation Whereas pursuant to Article 3 (3) of Council Regula­ are in accordance with the opinion of the Manage­ tion (EEC) No 2750/75 the goods may be purchased ment Committee for Cereals, anywhere on the Community market ;

Whereas tenders should be invited for the supply of HAS ADOPTED THIS REGULATION : 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 ; Article 1

Whereas tenders may be submitted by tenderers esta­ 1 . An invitation to tender shall be issued in respect blished in any Member State of the Community and of the supply of 1 656 metric tons of common wheat may relate to products mobilized anywhere within flour to the Republic of the Philippines by way of those Member States ; whereas, in view of the currency Community food-aid action . situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 2. The tendering procedure shall take place in the should be taken of the effect on each tender of the Kingdom of Belgium and shall be in respect of a currency situation in the Member State in which the single lot. customs export formalities will be completed ; 3 . The product shall be mobilized on the Commu­ Whereas the award under the invitation to tender nity market. must be made in favour of the tenderer offering the best terms ; 4. Shipment shall be from a Community port. Whereas, should force majeure make it impossible to 5. The product referred to in paragraph 1 is to be complete the operation in question within the set delivered in new cotton sacks of a net capacity of 50 time limit, it should be made clear who is to bear the kilogrammes to the port of shipment in the vicinity of liability for any resulting costs ; ' the vessel . The goods must be set down at the place Whereas provision should be made for security to be nominated by the recipient country or its agent, the given to guarantee fulfilment of obligations arising by timing of delivery being settled by the tenderer and the recipient country's agent. (>) OJ No L 281 , 1 . 11 . 1975, p . 1 . I2) OJ No L 130, 19 . 5. 1976, p. 1 . (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. 3) OJ No L 281 , 1 . 11 . 1975, p . 89 . (5) OJ No L 263 , 19 . 9 . 1973, p . 1 .

10 . 7 . 76 Official Journal of the European Communities No L 186 / 25

6 . The following shall be printed on the sacks : However, if the tenders submitted do not appear to 'Wheat flour — Gift of the European Communities to reflect normal market prices and costs, the interven­ the Republic of the Philippines.' tion agency may cancel the invitation to tender..

Article2¶

1 . The decision on tenders received in response to If the tenderer is unable to deliver the goods in the invitation provided for in Article 1 shall be taken compliance with Article 1 (5) on the date given in the on 23 July 1976. notice of invitation to tender as a result of the late 2. The closing date for submission of tenders shall availibility of the vessels to be used for sea transporta­ be 23 July 1976, at 12 noon . tion , the resulting costs shall be borne by the interven­ tion agency . 3 . The notice of invitation to tender shall be published in the Official Journal of the European Article 6 t Communities not less than nine days before the closing date for submission of tenders 1 . The tenderer shall give security in an amount of Article 3 10 units of account per metric ton of goods.

It shall be released : 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — in the case of all tenderers whose tenders are to tender was issued . unsuccessful or are not accepted, 2. Tenders must in particular mention the Member — in the case of the successful tenderer, when the State in which the tenderer, in the event of his being operations concerned have been carried out within declared successful , expects to complete the customs the prescribed time limit and on submission of export formalities for the products concerned . the original export licence duly granted and endorsed by the competent authorities of the 3 . For the purpose of rendering the tenders compar­ Member State mentioned in the tender pursuant able, the prices shall , where appropriate, be corrected to Article 3 (2), by the monetary compensatory amount and the acces­ sion compensatory amount applicable on the closing — in the case of the successful tenderer for quantities date for submission of tenders to exports from the not supplied by reason of force majeure. Member State mentioned in the tender pursuant to 2. The security required under paragraph 1 may be paragraph 2. provided in the form of a cash deposit or of a Such correction shall be made by : guarantee issued by a credit institution conforming to — increasing prices which mention a Member State criteria laid down by each Member State. whose currency has depreciated or a new Member State, Article 7 — reducing prices which mention a Member State whose currency has been revalued. 1 . The common wheat flour referred to in Article 1 to be supplied to the Republic of the Philippines The monetary compensatory amount shall , where must meet the following requirements : appropriate, be converted into the currency of the Member State in which the invitation to tender is — moisture : 14 % maximum ; issued using : — protein content : 10-5% minimum (N x 6-25 on — in the case when the currencies concerned are , dry matter) ; kept at any given moment within a band of — ash content : 0-52 % maximum referred to dry 2-25 % , a conversion rate resulting from their matter . central rate ; — in the other cases, the average of the spots rates of Flour not meeting these requirements shall be refused . the currencies concerned recorded in the Member State in which the invitation to tender is issued 2. Tenders for supply to the Republic of the Philip­ during a period from the Wednesday of one week pines of the common wheat flour referred to in to the Tuesday of the following week being the Article 1 must relate to a product with the following period immediately preceding the closing date for characteristics : submission of tenders . — moisture : 14 % maximum ; Article 4 — protein content : 10-5% minimum (N x 6-25 on dry matter) ; The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ — ash content : 0-52 % maximum referred to dry ment referred to in Article 3 (3). matter .

No L 186/26 Official Journal of the European Communities 10 . 7 . 76

Article 8 4. The intervention agency shall request the successful tenderer to supply the following informa­ 1 . The Belgian intervention agency shall be respon­ tion : sible for operations relating to the invitations to tender provided for by this Regulation . (a) after each shipment a certificate showing the quan­ 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, together with the name and business name of the by the intervention agency to the Commission imme­ 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 other than that in which the invitation to tender is tion agency which appoints the successful tenderer, it 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 9 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 10 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, 9 July 1976.

For the Commission * P.J. LARDINOIS

Member of the Commission