31977R1596
No L 177/ 18 Official Journal of the European Communities 16 . 7 . 77
COMMISSION REGULATION ( EEC) No 1596/ 77 of 15 July 1977 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 UNRWA
THE COMMISSION OF THE EUROPEAN Whereas provision should be made for secority 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 UNRWA will be ful Economic Community, filled ;
Having regard to Council Regulation (EEC) No Whereas the French intervention agency should be 2727/75 of 29 October 1975 on the common organiza made responsible for the tendering procedure in ques tion of the market in cereals ( ! ), as amended by Regu tion ; lation (EEC) No 31 38 /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 8 February 1977 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 No 129 on the value of the unit of account and the 18 000 tonnes of common wheat (in other words exchange rates to be applied for the purposes of the 13 534 tonnes of common wheat flour) to UNRWA common agricultural policy (4), as last amended by under its 1976/77 food-aid programme ; Regulation (EEC) No 2543/73 (5 ), and in particular Article 3 thereof ; Whereas pursuant to Article 3 (3) of Council Regula tion (EEC) No 2750/75 the goods may be purchased Whereas the measures provided for in this Regulation anywhere on the Community market ; are in accordance with the opinion of the Manage ment Committee for Cereals, Whereas the proposed invitation to tender should be for supply of the products delivered Ashdod and Aqaba, that is at the moment when the goods are actu ally placed on the dock or in the lighter where appli cable . HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta blished in any Member State of the Community and Article 1 may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 1 . Tenders are hereby invited for the supply to situation in the Member States and in order to ensure UNRWA, by way of Community food-aid action, of that the tenders are as comparable as possible, account 13 534 tonnes of 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 customs export formalities will be completed ; France in two lots. The product shall be mobilized on Whereas the award under the invitation to tender the Community market. The product shall be loaded for departure from any Community port. must be made to the tenderer offering the best terms ;
Whereas, should force majeure make it impossible to 3 . The invitation to tender provided for in para complete the operation in question within the time graph I is for supply of products delivered Ashdod limits specified, it must be made clear who is to bear (2 000 tonnes) and Aqaba (1 1 534 tonnes), that is at the liability for any resulting costs ; the moment when the goods are actually placed on the dock or in the lighter where applicable . (■) OJ No L 281 , 1 . 11 . 1975, p . 1 . (2 ) OJ No L 354, 24. 12 . 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 .
16 . 7 . 77 Official Journal of the European Communities No L 177/ 19
4. The successful tenderer shall deliver the product — in other cases, the average of the spot rates of the specified in paragraph 1 in new jute sacks of a net currencies concerned recorded in the Member capacity of 50 kilograms. State in which the invitation to tender is issued during a period from the Wednesday of one week Minimum weight of the sacks shall be 600 grams. The to the Tuesday of the following week being the following shall be printed on the sacks : period immediately preceding the closing date for 'Wheat flour / Gift of the European Economic submission of tenders . Community / For free distribution to Palestine refu gees'. Article 4
To allow for the possibility of re-bagging, the The contract shall be awarded to the tenderer offering successful tenderer shall supply 2 % of new empty the best terms, taking into consideration the adjust sacks, of the same quality as those containing the ment referred to in Article 3 (3). goods but with the printing followed by a capital letter 'R\ However, if the tenders submitted do not appear to 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 29 July 1977 . 10 units of account per tonne of goods. 2. The closing date for the submission of tenders It shall be released : shall be 29 July 1977 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 operations concerned have been carried out within closing date for the submission of tenders . the prescribed time limit and on submission of the original export licence, duly granted and Article 3 endorsed by the competent authorities of the Member State mentioned in the tender pursuant 1 . The prices offered must be expressed in the to Article 3 (2), currency of the Member State in which the invitation 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 2. The security required under paragraph 1 may be State in which the tenderer, in the event of his being provided in the form of a cash deposit or of a declared successful, expects to complete the customs guarantee issued by a credit institution conforming to export formalities for the products concerned. criteria laid down by each Member State. 3 . For the purpose of rendering the tenders compar able, the prices shall, where appropriate, be corrected Article 6 by the monetary compensatory amount and the acces 1 . The common wheat flour referred to in Article 1 sion compensatory amount applicable on the closing to be supplied to UNRWA must meet the following date for submission of tenders to exports from the requirements : Member State mentioned in the tender pursuant to paragraph 2. — moisture : 14% 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 : 0-62 % 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 re fused . whose currency has been revalued . 2. Tenders for supply to UNRWA of the common The monetary compensatory amount shall, where wheat flour referred to in Article 1 must relate to a appropriate, be converted into the currency of the Member State in which the invitation to tender is product with the following characteristics : issued using : — moisture : 14 % maximum , — in the case when the currencies concerned are — protein content : 10-5 % 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 : 0-62 % maximum referred to dry central rate , matter .
No L 177 / 20 Official Journal of the European Communities 16 . 7 . 77
Article 7 (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products 1 . The French intervention agency shall be respon and the type of packing ; sible for organizing the invitation to tender provided (b) the date of the departure of the ships ; the esti for by this Regulation . mated date of arrival of the products at their desti 2 . It shall forthwith communicate to the Commis nation ; sion the list of firms which have responded to the invi (c) all possible contingencies which might occur tation to tender, specifying the terms of each tender, during transportation of the products. together with the name and business name of the 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 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 successful tenderer shall immediately inform the inter Article 8 vention agency of the Member State concerned and shall supply it with all the information which it may As regards this tender the intervention agency is auth require . orized to make an initial payment of 80 % of the value of the quantity given in the bill of lading, on Furthermore, the amount of the successful tender presentation of that document and subject to the shall be paid after it has been converted using the taking of a security for an amount equal to the initial average of the spot rates referred to in Article 3 (3) to payment. the tenderer in the currency of the Member State in which the operations relating to the tendering are Article 9 completed.
4. The intervention agency shall request the This Regulation shall enter into force on the day of its successful tenderer to supply the following informa publication in the Official Journal of the European tion : Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 15 July 1977 .
For the Commission
Finn GUNDELACH Vice-President