31977R1319
21 . 6 . 77 Official Journal of the European Communities No L 152/ 15
COMMISSION REGULATION ( EEC) No 1319/77
of 20 June 1977
opening an invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services
THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given for the purpose of guaranteeing that the obliga tions arising by virtue of participation in the invita Having regard to the Treaty establishing the European tion to tender for supplies to the Catholic Relief Services will be fulfilled ; Economic Community,
Having regard to Council Regulation (EEC) No Whereas the Belgian intervention agency should be 2727/75 of 29 October 1975 on the common organiza made responsible for the tendering procedure ; tion of the market in cereals ( ! ), as amended by Regula tion (EEC) No 3138/76 (2), Wheres 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 Monetary 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 8 February 1977 the Council of the Euro tions laid down in Article 3 (2) of Council Regulation pean Communities declared that it proposed, by way No 129 on the value of the unit of account and the of Community action, to grant the equivalent of 7 502 exchange rates to be applied for the purposes of the tonnes of common wheat (in other words 4 968 common agricultural policy (4), as last amended by tonnes of common wheat flour) to the Catholic Relief Regulation (EEC) No 2543/73 (5), and in particular Services under its 1976/77 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 to the dock or in the lighter where applicable at the port of unloading ;
HAS ADOPTED THIS REGULATION : Whereas tenders may be submitted by tenderers esta blished in any Member State of the Community and may relate to products mobilized anywhere within Article 1 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 1 . Tenders are hereby invited for the supply to the should be taken of the effect on each tender of the Catholic Relief Services by way of Community action, currency situation in the Member State in which the of 4 968 tonnes of common wheat flour . customs export formalities will be completed ;
2. The tendering procedure shall take place in Whereas the award under the invitation to tender Belgium in three lots. The product shall be mobilized must be made in favour of the tenderer offering the on the Community market. The products shall be best terms ; loaded for departure from any Community port.
Whereas, should force majeure make it possible to 3 . The invitation to tender provided for in para complete the operation in question within the time graph 1 is for supply of products to the dock, or in limits specified, it must be made clear who is to bear the lighter where applicable in one of the ports of the liability for any resulting costs ; unloading listed in the Annex hereto.
(!) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 354, 24. 12 . 1976, p . 1 . (4) Of No 106, 30 . 10 . 1962, p. 2553/62. (} ) OJ No L 281 , 1 . 11 . 1975, p . 89 . (5 ) Of No L 263 , 19 . 9 . 1973, p. 1 .
No L 152/ 16 21 . 6 . 77 Official Journal of the European Communities
4. The successful tenderer shall deliver the 2-25 % , a conversion rate resulting from their products in new cotton sacks of a net capacity of 50 central rate, kilograms. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member The minimum weight of the sacks shall be 1 80 grams. State in which the invitation to tender is issued The following shall be printed on the sacks : during a period from the Wednesday of one week to the Tuesday of the following week being the 'Harina de trigo — Donacion de la Comunidad econo period immediately preceding the closing date for mica europea para Cathwel Chile — Destinada a la submission of tenders. distribución gratuita.'
To allow for the possibility of re-bagging, the Article 4 successful tenderer shall supply of 2 % of new empty sacks, of the same quality as those containing the The contract shall be awarded to the tenderer offering goods but with the printing followed by a capital the best terms, taking into consideration the adjust letter 'R'. 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 decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided in Article 1 shall be taken on 1 July 1977. Article 5 2. The closing date for the submission of tenders 1 . The tenderer shall give security in an amount of shall be 1 July 1977 at 12 noon. 10 units of account per tonne of goods. 3 . The notice of invitation to tender shall be It shall be released : published in the Official Journal of the European Communities not less that nine days before the — in the case of all tenderers whose tenders are closing date for the submission on tenders. unsuccessful or are not accepted,
— in the case of the successful tenderer, when the Article 3 operations concerned have been carried out within the prescribed time limit and on submission of 1 . The prices offered must be expressed in the the original export licence duly granted and currency of the Member State in which the invitation to tender was issued . endorsed by the competent authorities of the Member State mentioned in the tender pursuant 2. Tenders must in particular mention the Member to Article 3 (2), State in which the tenderer, in the event of his being — in the case of the successful tenderer for quantities declared successful, expects to complete the customs not supplied by reason of force majeure. export formalities for the products concerned. 2. The security required under paragraph 1 may be 3. For the purpose of rendering the tenders compar provided in the form of a cash deposit or of a able, the prices shall, where appropriate, be corrected guarantee issued by a credit institution conforming to by the monetary compensatory amount and the acces criteria laid down by each Member State. sion compensatory amount applicable on the closing date for submission of tenders to exports from the Article 6 Member State mentioned in the tender pursuant to paragraph 2. 1 . The common wheat flour referred to in Article 1 Such correction shall be made by : must meet the following requirements :
— increasing prices which mention a Member State — moisture : 12% maximum, whose currency has depreciated or a new Member — protein content : 10-5 % minimum (N x 6-25 on State, dry matter), — reducing prices which mention a Member State — ash content : 0-52 % maximum referred to dry whose currency has been revalued . matter . The monetary compensatory amount shall, where Flour not meeting these requirements shall be appropriate, be converted into the currency of the refused . Member State in which the invitation to tender is issued using : 2. Tenders for supply of the common wheat flour — in the case when the currencies concerned are referred to in Article 1 must relate to a product with kept at any given moment within a band of the following characteristics :
21 . 6. 77 No L 152/ 17 Official Journal of the European Communities
— moisture : 12 % maximum, Furthermore, the amount of the successful tender — protein content : 10-5 % minimum (N x 6-25 on shall be paid, after it has been converted using the dry matter), average of the spot rates referred to in the second subparagraph of Article 3 (3), to the tenderer in the — ash content : 0-52 % maximum referred to dry matter. currency of the Member State in which the operations relating to the tendering are completed.
Article 7 4. The intervention agency shall ask that the tenderer specifies the following information : 1 . The Belgian intervention agency shall be respon (a) after shipment, a statement giving details of the sible for the operations relating to the invitation to quantities loaded, the quality of the products and tender provided for by this Regulation. their packaging ; 2. It shall forthwith communicate to the Commis (b) the date of the departure of the ships, the expected sion the list of firms which have responded to the invi date of arrival of the products at their destination ; 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 intervention agency shall transmit the informa 3. Where the customs export formalities for the tion provided for to the Commission as soon as it is received . 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 to 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 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 Communities. require.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 20 June 1977
For the Commission
Finn GUNDELACH
Vice-President
ANNEX
Number Port of unloading Minimum rate of unloading Tonnage cif of lot
1 Valparaiso 2 480 2 Coquimbo Customs of the port 368 3 Talcahuano 2 120