31977R2096

No L 245/ 14 Official Journal of the European Communities 24. 9 . 77

COMMISSION REGULATION ( EEC) No 2096/77 of 23 September 1977 ~ opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of the Philippines

THE COMMISSION OF THE EUROPEAN time limit, it should be made clear who is to bear the COMMUNITIES, liability for any resulting costs ;

Having regard to the Treaty establishing the European Whereas provision should be made for security to be Economic Community, given to guarantee fulfilment of obligations arising by virtue of participation in the invitation to tender for the supply of goods to the Republic of the Philip­ Having regard to Council Regulation (EEC) No pines, 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( !), as last amended by Whereas the Belgian intervention agency should be Regulation (EEC) No 1386/77 (2), made responsible for organizing the invitation to tender ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the Commission must be informed quickly tions for the mobilization of cereals as food aid (3), and of the tenders submitted in response to the invitation in particular Article 6 thereof, and of those accepted by the intervention agency ;

Whereas on 8 February 1977 the Council of the Euro­ Whereas the Monetary Committee will be consulted ; pean Communities declared that it proposed, by way whereas, in view of the urgency, the measures envis­ of Community action, to grant the equivalent of 7 500 aged should be adopted in accordance with the condi­ tonnes of common wheat, in the form of 4 967 tonnes tions laid down in Article 3 (2) of Council Regulation of common wheat flour, to the Republic of the Philip­ No 129 on the value of the unit of account and the pines under its 1976/77 food-aid programme ; exchange rates to be applied for the purposes of the common agricultural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Whereas pursuant to Article 3 (3) of Council Regula­ Article 3 thereof ; tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas tenders should be invited for the supply of ment Committee for Cereals, 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 ; 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 1 . An invitation to tender shall be issued in respect that the tenders are as comparable as possible, account of the supply of 4 967 tonnes of common wheat flour should be taken of the effect on each tender of the to the Republic of the Philippines by way of Commu­ currency situation in the Member State in which the nity food-aid action. customs export formalities will be completed ; 2. The tendering procedure shall take place in the Whereas the award under the invitation to tender Kingdom of Belgium and shall be in respect of a must be made in favour of the tenderer offering the single lot. best terms ; 3 . The product shall be mobilized on the Commu­ nity market. Whereas, should force majeure make it impossible to complete the operation in question within the set 4. Shipment shall be from Antwerp. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 158, 29. 6. 1977,- 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 .

24. 9 . 77 Official Journal of the European Communities No L 245/ 15

5. The product referred to in paragraph 1 is to be The monetary compensatory amount shall, where delivered in new jute sacks of a net capacity of 50 kilo­ appropriate, be converted into the currency of the grams to the port of shipment in the vicinity of the Member State in which the invitation to tender is vessel . The goods must be set down at the place nomi­ issued using : nated by the recipient country or its agent, the timing — in the case when the currencies concerned are of delivery being settled by the tenderer and the recip­ ient country's agent. kept at any given moment within a band of 2-25 % , a conversion rate resulting from their central rate ; Minimum weight of the sacks shall be 600 grams. — in the other cases, the average of the spots rates of 6. The following shalt be printed on the sacks : the currencies concerned recorded in the Member State in which the invitation to tender is issued 'Wheat flour — Gift of the European Communities to during a period from the Wednesday of one week the Republic of the Philippines.' to the Tuesday of the following week being the period immediately preceding the closing date for To allow for the possibility of re-bagging, the submission of tenders . successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the goods but with the printing followed by a capital Article 4 letter 'R\ The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ Article 2 ment referred to in Article 3 (3). 1 . The decision on tenders received in response to However, if the tenders submitted do not appear to the invitation provided for in Article 1 shall be taken reflect normal market prices and costs, the interven­ on 7 October 1977 . tion agency may cancel the invitation to tender. 2. The closing date for submission of tenders shall be 7 October 1977 at 12 noon . Article 5

3 . The notice of invitation to tender shall be If the tenderer is unable to deliver the goods in published in the Official Journal of the European compliance with Article 1 (5) on the date given in the Communities not less than nine days before the notice of invitation to tender as a result of the late closing date for submission of tenders. availability of the vessels to be used for sea transporta­ tion, the resulting costs shall be borne by the interven­ Article 3 tion agency.

1 . The prices offered must be expressed in the Article 6 currency of the Member State in which the invitation to tender was issued . 1 . The tenderer shall give security in an amount of 10 units of account per tonne of goods. 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being It shall be released : declared successful, expects to complete the customs export formalities for the products concerned. — in the case of all tenderers whose tenders are unsuccessful or are not accepted, 3. For the purpose of rendering the tenders compar­ — in the case of the successful tenderer, when the able, the prices shall, where appropriate, be corrected operations concerned have been carried out within by the monetary compensatory amount and the acces­ the prescribed time limit and on submission of sion compensatory amount applicable on the closing the original export licence duly granted and date for submission of tenders to exports from the endorsed by the competent authorities of the Member State mentioned in the tender pursuant to Member State mentioned in the tender pursuant paragraph 2. to Article 3 (2), Such correction shall be made by : — in the case of the successful tenderer for quantities not supplied by reason of force majeure. — increasing prices which mention a Member State whose currency has depreciated or a new Member 2. The security required under paragraph 1 may be State, provided in the form of a cash deposit or of a — reducing prices which mention a Member State guarantee issued by a credit institution conforming to whose currency has been revalued. criteria laid down by each Member State.

No L 245/ 16 Official Journal of the European Communities 24. 9 . 77

Article 7 In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ 1 . The common wheat flour referred to in Article 1 vention agency of the Member State concerned and to be supplied to the Republic of the Philippines shall supply it with all the information which it may must meet the following requirements : require. — moisture : 14 % maximum ; Furthermore , the amount of the successful tender — protein content : 1 0-5 % 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 — ash content : 0-52 % maximum referred to dry subparagraph of Article 3 (3) to the tenderer in the matter. currency of the Member State in which the operations relating to the tendering are completed. Flour not meeting these requirements shall be refused . 4. The intervention agency shall request the successful tenderer to supply the following informa­ 2. Tenders for supply to the Republic of the Philip­ tion : pines of the common wheat flour referred to in (a) after shipment a certificate showing the quantities Article 1 must relate to a product with the following characteristics : dispatched and the quality of the products ; (b) the date of departure of the vessels. — moisture : 14 % maximum ; The information indicated above shall be forwarded — protein content : 10-5 % minimum (N x 6-25 on by the intervention agency to the Commission imme­ dry matter) ; diately upon receipt. — ash content : 0-52 % maximum referred to dry matter. 5. When the intervention agency responsible for the operations relating to tendering is not the interven­ Article 8 tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ 1 . The Belgian intervention agency shall be respon­ tion necessary for releasing the security. sible for operations relating to the invitations to tender provided for by this Regulation . Article 9

2. It shall forthwith communicate to the Commis­ On delivery of the goods at the port of shipment, a sion the list of firms which have responded to the invi­ handing-over certificate shall be supplied to the tation to tender, specifying the terms of each tender, successful tenderer, acting as agent for the Commu­ together with the name and business name of the nity, by the agent of the recipient country or, in the successful tenderer. absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment 3. Where the customs export formalities for the is situated . mobilized product are completed in a Member State other than that in which the invitation to tender is Article 10 issued, the intervention agency of the latter Member State shall be responsible for the operations following This Regulation shall enter into force on the day of its tendering, including payment to the successful publication in the Official Journal of the European tenderer. Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 September 1977.

For the Commission

Finn GUNDELACH Vice-President