CELEX: 31978R2833
Language: en
Date: 1978-12-01 00:00:00
Title: Commission Regulation (EEC) No 2833/78 of 1 December 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for Caritas

No L 336/26                             Official Journal of the European Communities                               2. 12. 78
                                  COMMISSION REGULATION (EEC) No 2833/78
                                                     of 1 December 1978
              opening an invitation to tender for the mobilization of common wheat flour as
                                                     food aid for Caritas
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
Economic Community,                                               Whereas the Dutch intervention agency should be
                                                                   made responsible for organizing the invitation to
                                                                  tender ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (!), as last amended by             Whereas the Commission must be informed quickly
Regulation (EEC) No 1254/78 (2),                                  of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                 Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), and        whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,                                  aged should be adopted in accordance with the condi­
                                                                  tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 on the value of the unit of account and the
Whereas on 25 March 1976 the Council of the Euro­
                                                                  exchange rates to be applied for the purposes of the
pean Communities declared that it proposed, by way                 common agricultural policy (4), as last amended by
of Community action, to grant the equivalent of 1 510              Regulation (EEC) No 2543/73 (5), and in particular
tonnes of common wheat (in other words 1 000                      Article 3 thereof ;
tonnes of common wheat flour) to Caritas under its
1975/76 food-aid programme ;                                      Whereas the measures provided for in this Regulation
                                                                   are in accordance with the opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­               ment Committee for Cereals,
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
Whereas tenders should be invited for the supply of                HAS ADOPTED THIS REGULATION :
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 ;                                                      Article 1
Whereas tenders may be submitted by tenderers esta­                1 . Tenders are hereby invited for the supply to
blished in any Member State of the Community and                   Caritas, by way of Community food-aid action, of
may relate to products mobilized anywhere within                   1 000 tonnes of common wheat flour.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure              2. The tendering procedure shall take place in the
that the tenders are as comparable as possible, account            Netherlands in three lots. The product shall be mobi­
should be taken of the effect on each tender of the                lized on the Community market. The product shall be
currency situation in the Member State in which the                loaded for departure from a Community port.
customs exports formalities will be completed ;
                                                                   3.    The products referred to in paragraph 1 to be
Whereas the award under the invitation to tender                   delivered in new jute sacks lined with cotton sacks of
must be made to the tenderer offering the best terms ;             a net capacity of 50 kilograms to the port of shipment
                                                                   in the vicinity of the vessel. The goods must be set
Whereas, should force majeure make it impossible to                down at the place nominated by the recipient country
complete the operation in question within the time                 or its agent, the timing of delivery being settled by the
limits specified, it must be made clear who is to bear             tenderer and the recipient country's agent.
the liability for any resulting costs ;
                                                                   The following shall be printed on the sacks :
(») OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978, 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 .
 ---pagebreak--- 2. 12. 78                         Official Journal of the European Communities                           No L 336/27
'Farine de froment / Don de la Communauté écono­            — in other cases, the average of the spot rates of the
mique européenne / Pour distribution gratuite à Haïti            currencies concerned recorded in the Member
/ Port-au-Prince / Action de Cathwel / SOS — PG'                 State in which the invitation to tender is issued
(lot 1 — 150 tonnes).                                            during a period from the Wednesday of one week
'Farine de froment / Don de la Communauté écono­                 to the Tuesday of the following week being the
mique européenne / Pour distribution gratuite à Haïti            period immediately preceding the closing date for
                                                                 submission of tenders.
/ Port-au-Prince / Action de Caritas germanica' (lot 2
— 350 tonnes).
                                                                                      Article 4
  Fanne de froment / Don de la Communauté écono­
mique européenne / Pour distribution gratuite à Haïti       The contract shall be awarded to the tenderer offering
/ Port-au-Prince / Action de Caritas germanica' (lot 3      the best terms, taking into consideration the adjust­
— 500 tonnes).                                              ment referred to in Article 3 (3).
To allow for the possibility of re-bagging, the              However, if the tenders submitted do not appear to
successful tenderer shall supply 2 % of new empty            reflect normal prices and costs, the intervention
sacks, of the same quality as those containing the          agency may cancel the invitation to tender.
goods but with the printing followed by a capital
letter 'R\                                                                            Article 5
                        Article 2                            If the tenderer is unable to deliver the goods in
 1 . The decision on tenders received in response to         compliance with Article 1 (3) on the date given in the
                                                             notice of invitation to tender as a result of the late
the invitation provided for in Article 1 shall be taken
on 15 December 1978 .                                        availability of the vessels to be used for sea transporta­
                                                             tion, the resulting costs shall be borne by the interven­
2.     The closing date for the submission of tenders        tion agency.
shall be 15 December 1978, at 12 noon.
3.     The notice of invitation to tender shall be                                    Article 6
published in the Official Journal of the European
Communities not less than nine days before the               1 . The tenderer shall give security of an amount of
closing date for the submission of tenders.                  10 units of account per tonne of goods.
                                                             It shall be released :
                        Article 3
                                                            — in the case of all tenderers whose tenders are
 1 . The prices offered must be expressed in the                 unsuccessful or are not accepted,
currency of the Member State in which the invitation        — in the case of the successful tenderer, when the
to tender was issued.
                                                                 operations concerned have been carried out within
2. Tenders must in particular mention the Member                 the prescribed time limit and on submission of
State in which the tenderer, in the event of his being           the original export licence, duly granted and
declared successful, expects to complete the customs             endorsed by the competent authorities of the
export formalities for the products concerned.                   Member State mentioned in the tender pursuant
3. For the purpose of rendering the tenders compar­              to Article 3 (2),
able, the prices shall, where appropriate, be corrected     — in the case of the successful tenderer, for quanti­
by the monetary compensatory amount applicable on                ties not supplied by reason of force majeure.
the closing date for submission of tenders to expoirts       2. The security required under paragraph 1 may be
from the Member State mentioned in the tender
                                                             provided in the form of a cash deposit or of a
pursuant to paragraph 2.                                    guarantee issued by a credit institution conforming to
Such correction shall be made by :                           criteria laid down by each Member State.
— increasing prices which mention a Member State
     whose currency has depreciated or a new Member                                   Article 7
     State,                                                  1.    The common wheat flour referred to in Article 1
— reducing prices which mention a Member State               to be supplied to Caritas must meet the following
     whose currency has been revalued.                       requirements :
The monetary compensatory amount shall, where                — moisture : 14 % maximum,
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            — protein content : 10-5% minimum (N x 6*25 on
                                                                 dry matter),
issued using :
— in the case when the currencies concerned are
                                                            — ash content : 0-62 % maximum referred to dry
                                                                 matter.
     kept at any given moment within a band of
     2-25 %, a conversion rate resulting from their          Flour not meeting these requirements shall be
     central rate,                                           refused.
 ---pagebreak--- No L 336/28                        Official Journal of the European Communities                              2. 12. 78
2.    Tenders for supply to Caritas of the common            currency of the Member State in which the operations
wheat flour referred to in Article 1 must relate to a        relating to the tendering are 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 8                                mated date of arrival of the products at their desti­
                                                                 nation ;
1 . The Dutch intervention agency shall be respon­
sible for operations relating to the invitation to tender    (c) all possible contingencies which might occur
provided 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 agency to the Commission imme­
tation to tender, specifying the terms of each tender,       diately upon receipt.
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
mobilized product are completed in a Member State            shall send as soon as possible to the latter the informa­
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 9
tendering, including payment to the successful               As regards this tender, the intervention agency is auth­
tenderer.
                                                             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 10
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 the second          publication in the Official Journal of the European
subparagraph of Article 3 (3) to the tenderer in the          Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 1 December 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President