31976R2751
13 . 11 . 76 Official Journal of the European Communities No L 312/ 27
COMMISSION REGULATION ( EEC) No 2751 /76 of 12 November 1976 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of Sri Lanka
THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender Having regard to the Treaty establishing the European for the supply of goods to the Republic of Sri Lanka ; Economic Community, Whereas the French intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure in ques 2727/75 of 29 October 1975 on the common organiza tion ; tion of the market in cereals (*), as amended by Regula tion (EEC) No 1143/76 (2), Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2750/75 of 29 October 1975 laying down the condi tions for the mobilization of cereals as food aid (3), and Whereas the Moneatry Committee will be consulted ; in particular Article 6 thereof, whereas, in view of the urgency, the measures envis 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 pean Communities declared that by way of Commu No 129 on the value of the unit of account and the nity action it proposed to grant the Republic of Sri exchange rates to be applied for the purposes of the Lanka the equivalent of 1 5 000 metric tons of common agricultural policy (4), as last amended by common wheat, in the form of flour, i.e. 9 934 metric Regulation (EEC) No 2543/73 (5), and in particular tons of common wheat flour, under its 1975/76 food Article 3 thereof ; 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 the product to the port of shipment in the vicinity of HAS ADOPTED THIS REGULATION : the vessel, the goods to be set down at the place nomi nated by the recipient or its agent ;
Whereas tenders may be submitted by tenderers esta Article 1 blished in any Member State of the Community and may relate to products mobilized anywhere within 1 . An invitation to tender shall be issued in respect those Member States ; whereas, in view of the currency of the supply of 9 934 metric tons of common wheat situation in the Member States and in order to ensure flour to the Republic of Sri Lanka by way of Commu that the tenders are as comparable as possible, account nity food-aid action. should be taken of the effect on each tender of the currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in France in one lot. The product shall be mobilized on Whereas the contract should be awarded to the the Community market. The product shall be loaded for departure from any Community port. tenderer offering the best terms ;
Whereas in case it should be impossible for reasons of 3 . The product referred to in paragraph 1 is to be delivered in new jute sacks with a maximum gross force majeure to complete the operation in question within the set time limits, it must be made clear who weight of 68 058 kg (minimum weight of sack being is to bear any costs resulting therefrom ; 910 gr) to the port of shipment in the vicinity of the vessel . The goods must be set down at the place nomi (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) 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 .
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nated by the recipient country or its agent, the timing to the Tuesday of the following week being the of delivery being settled by the tenderer and the recip period immediately preceding the closing date for ient country's agent. submission of tenders .
4. The following shall be printed on the * sacks : Article 4 'Wheat flour / Gift of the European Economic Community to Sri Lanka'. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust ment referred to in Article 3 (3). Article 2 However, if the tenders submitted do not appear to 1 . The decision on tenders received in response to reflect normal market prices and costs, the interven the invitation provided for in Article 1 shall be taken tion agency may cancel the invitation to tender. on 26 November 1976 .
Article 5 2. The closing date for submission of tenders shall be 26 November 1976 at 12 noon . If the tenderer is unable to deliver the goods in 3 . The notice of invitation to tender shall be compliance with Article 1 (3) on the date given in the notice of invitation to tender as a result of the late published in the Official Journal of the European availability of the vessels to be used for sea transporta Communities not less than nine days before the tion, the resulting costs shall be borne by the interven closing date for submission of tenders. tion agency.
Article 3 Article 6 1 . The prices offered must be expressed in the 1 . The tenderer shall give security of a value of 10 currency of the Member State in which the invitation units of account per metric ton of goods. to tender was issued . It shall be released : 2. Tenders must in particular mention the Member — in the case of all tenderers whose tenders are State in which the tenderer, in the event of his being declared successful, expects to complete the customs unsuccessful or are not accepted, export formalities for the products concerned. — in the case of the successful tenderer, when the operations concerned have been carried out within 3. For the purpose of rendering the tenders compar the prescribed time limit and on submission of able, the prices shall, where appropriate, be corrected the original export licence duly granted and by the monetary compensatory amount and the acces endorsed by the competent authorities of the sion compensatory amount applicable on the closing Member State mentioned in the tender pursuant date for submission of tenders to exports from the to Article 3 (2), Member State mentioned in the tender pursuant to — in the case of the successful tenderer for quantities paragraph 2. not supplied by reason of force majeure. Such correction shall be made by : 2. The security required under paragraph 1 may be — increasing prices which mention a Member State provided in the form of a cash deposit or of a whose currency has depreciated or a new Member guarantee issued by a credit institution conforming to State, criteria laid down by each Member State . — reducing prices which mention a Member State whose currency has , been revalued. Article 7
The monetary compensatory amount shall, where 1 . The goods referred to in Article 1 which are to appropriate, be converted into the currency of the be supplied to the Republic of Sri Lanka must meet Member State in which the invitation to tender is the following requirements : issued using : — moisture : 14 % maximum ; — in the case when the currencies concerned are — protein content : 1 0-5 % minimum (N x 6-25 on kept at any given moment within a band of dry matter) ; 2-25 % a conversion rate resulting from their — ash content : 0-52 % maximum referred to dry central rate, matter . — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member If the goods referred to in Article 1 do not meet the State in which the invitation to tender is issued foregoing requirements they shall be rejected and the during a period from the Wednesday of one week successful tenderer shall be owner thereof.
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2. Tenders for supply to the Republic of Sri Lanka average of the spot rates referred to in the second of the goods referred to in Article 1 must relate to subparagraph of Article 3 (3) to the tenderer in the products with the following characteristics : currency of the Member State in which the operations — moisture : 14 % maximum : relating to the tendering are completed.
— protein content : 10-5 % minimum (N x 6-25 on 4. The intervention agency shall request the dry matter) ; successful tenderer to supply the following informa tion : — ash content : 0*52 % maximum referred to dry matter. (a) after each shipment a certificate showing the quan tities dispatched and the quality of the products ; Article 8 (b) the date of departure of the vessels. 1 . The French intervention agency shall be respon The information indicated above shall be forwarded sible for organizing the invitation to tender provided by the intervention agency to the Commission imme for by this Regulation. diately upon receipt.
2. It shall forthwith communicate to the Commis 5. When the intervention agency responsible for sion the list of firms which have responded to the invi the operations relating to tendering is not the interven tation to tender, specifying the terms of each tender, tion agency which appoints the successful tenderer, it together with the name and business name of the shall send as soon as possible to the latter the informa successful tenderer. tion necessary for releasing the security. 3. Where the customs export formalities for the Article 9 mobilized product are completed in a Member State other than that in which the invitation to tender is On delivery of the goods at the port of shipment, a issued, the intervention agency of the latter Member handing-over certificate shall be supplied to the State shall be responsible for the operations following successful tenderer, acting as agent for the Commu tendering, including payment to the successful nity, by the agent of the recipient country, or, in the tenderer. absence of the latter, by the intervention agency of the In this case, the intervention agency choosing the Member State in whose territory the port of shipment is situated . successful tenderer shall immediately inform the inter vention agency of the Member State concerned and Article 10 shall supply it with all the information which it may require. This Regulation shall enter into force on the day of its Furthermore, the amount of the successful tender publication in the Official Journal of the European shall be paid after it has been converted using the Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 12 November 1976 .
For the Commission
P.J. LARDINOIS Member of the Commission
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