31977R2551
No L 296/22 Official Journal of the European Communities 19 . 11 . 77
COMMISSION REGULATION ( EEC) No 2551 /77 of 18 November 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 Refugees (UNRWA)
THE COMMISSION OF THE EUROPEAN limits specified, it must be made clear who is to bear COMMUNITIES, the 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 the obligations arising by virtue of participation in the invitation to tender ; 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 last amended by tion ; Regulation (EEC) No 1386/77 (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 3 260 No 129 on the value of the unit of account and the tonnes of cpmmon wheat (in other words 2 450 exchange rates to be applied for the purposes of the tonnes of common wheat flour) to UNRWA under its common agricultural policy (4), as last amended by 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 Aqaba, that is at the moment when the goods are actually placed on the dock or in the lighter where applicable ; 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 2 450 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 one lot. The product shall be mobilized on the Community market. The product shall be loaded Whereas the award under the invitation to tender for departure from any Community port. must be made to the tenderer offering the best terms ; 3 . The invitation to tender provided for in para Whereas, should force majeure make it impossible to graph 1 is for supply of products delivered Aqaba, that complete the operation in question within the time is at 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 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 .
19 . 11 . 77 Official Journal of the European Communities No L 296/23
4. The successful tenderer shall deliver the product — in the case when the currencies concerned are specified in paragraph 1 in new jute sacks of a net kept at any given moment within a band of capacity of 50 kilograms. 2-25 % , a conversion rate resulting from their central rate, Minimum weight of the sacks shall be 600 grams. The — in other cases, the average of the spot rates of the following shall be printed on the sacks : currencies concerned recorded in the Member State in which the invitation to tender is issued 'Wheat flour / Gift of the European Economic Community / For free distribution to Palestine refu during a period from the Wednesday of one week gees.' to the Tuesday of the following week being the period immediately preceding the closing date for submission of tenders . To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the Article 4 goods but with the printing followed by a capital 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).
However, if the tenders submitted do not appear to 1 . The decision on tenders received in response to reflect normal prices and costs, the intervention the invitation provided for in Article 1 shall be taken on 2 December 1977 . agency may cancel the invitation to tender.
2. The closing date for the submission of tenders Article 5 shall be 2 December 1977 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be 10 units of account per tonne of goods. published in the Official Journal of the European Communities not less than nine days before the It shall be released : closing date for the submission of tenders. — in the case of all tenderers whose tenders are unsuccessful or are not accepted, Article 3 — in the case of the successful tenderer, when the operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation to tender was issued . the original export licence, duly granted and endorsed by the competent authorities of the 2. Tenders must in particular mention the Member Member State mentioned in the tender pursuant to Article 3 (2), State in which the tenderer, in the event of his being declared successful, expects to complete the customs — in the case of the successful tenderer for quantities export formalities for th products concerned . not supplied by reason of force majeure.
3. For the purpose of rendering the tenders compar 2. The security required under paragraph 1 may be able, the prices shall, where appropriate, be corrected provided in the form of a cash deposit or of a by the monetary compensatory amount and the acces guarantee issued by a credit institution conforming to sion compensatory amount applicable on the closing criteria laid down by each Member State. date for submission of tenders to exports from the Member State mentioned in the tender pursuant to Article 6 paragraph 2.
1 . The common wheat flour referred to in Article 1 Such correction shall be made by : to be supplied to UNRWA must meet the following — increasing prices which mention a Member State requirements : whose currency has depreciated or a new Member State, — moisture : 14 % maximum , — reducing prices which mention a Member State — protein content : 10-5 % minimum (N x 6-25 on whose currency has been revalued . dry matter), — ash content : 0-62 % maximum referred to dry The monetary compensatory amount shall, where matter . appropriate, be converted into the currency of the Member State in which the invitation to tender is Flour not meeting these requirements shall be issued using : refused .
No L 296/ 24 Official Journal of the European Communities 19 . 11 . 77
2. Tenders for supply to UNRWA of the common which the operations relating to the tendering are wheat flour referred to in Article 1 must relate to a completed . product with the following characteristics ; 4. The intervention agency shall request the — moisture : 14% maximum , successful tenderer to supply the following informa — protein content : 10-5 % minimum (N x 6-25 on tion : dry matter), (a) after each shipment, a statement giving details of — ash content : 0-62 % maximum referred to dry the quantities loaded, the quality of the products matter . and the type of packing ; (b) the date of the departure of the ships ; the esti Article 7 mated date of arrival of the products at their desti nation ; 1 . The French intervention agency shall be respon sible for organizing the invitation to tender provided (c) all possible contingencies which might occur for by this Regulation . during transportation of the products. 2 . It shall forthwith communicate to the Commis The information indicated above shall be forwarded sion the list of firms which have responded to the invi by the intervention to the Commission immediately upon receipt. tation to tender, specifying the terms of each tender, together with the name and business name of the 5. When the intervention agency responsible for successful tenderer. the operations relating to tendering is not the interven 3 . Where the customs export formalities for the tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa mobilized product are completed in a Member State other than that in which the invitation to tender is tion necessary for releasing the security. issued , the intervention agency of the latter Member State shall be responsible for the operations following Article 8 tendering, including payment to the successful tenderer. As regards this tender the intervention agency is auth orized to make an initial payment of 80 % of the In such case, the intervention agency choosing the value of the quantity given in the bill of lading, on successful tenderer shall immediately inform the inter presentation of that document and subject to the vention agency of the Member State concerned and taking of a security for an amount equal to the initial shall supply it with all the information which it may payment. require . Article 9 Furthermore, the amount of the successful tender shall be paid after it has been converted using the This Regulation shall enter into force on the day of its average of the spot rates referred to in Article 3 (3) to publication in the Official Journal of the European the tenderer in the currency of the Member State in Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 18 November 1977. For the Commission Finn GUNDELACH Vice-President