CELEX: 31977R2229
Language: en
Date: 1977-10-07 00:00:00
Title: Commission Regulation (EEC) No 2229/77 of 7 October 1977 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of Guinea

8 . 10 . 77                             Official Journal of the European Communities                          No L 257/ 17
                                  COMMISSION REGULATION (EEC) No 2229/77
                                                       of 7 October 1977
              opening an invitation to tender (or the mobilization of common wheat flour as
                                                aid for the Republic of Guinea
THE COMMISSION OF THE EUROPEAN                                    Whereas the Belgian intervention agency should be
COMMUNITIES,                                                      made responsible for organizing the invitation to
                                                                  tender ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas the Commission must be informed quickly
Having regard to Council Regulation (EEC) No                      of the tenders submitted in response to the invitation
2727/75 of 29 October 1975 on the common organiza­                and of those accepted by the intervention agency ;
tion of the market in cereals ('), as last amended by
Regulation (EEC) No 1386/77 0,                                    Whereas the Monetary Committee will be consulted ;
                                                                  whereas, in view of the urgency, the measures envis­
Having regard to Council Regulation (EEC) No                      aged should be adopted in accordance with the condi­
2750/75 of 29 October 1975 laying down the condi­                 tions laid down in Article 3 (2) of Council Regulation
tions for the mobilization of cereals as food aid (3), and         No 129 on the value of the unit of account and the
in particular Article 6 thereof,                                  exchange rates to be applied for the purposes of the
                                                                  common agricultural policy (4), as last amended by
Whereas on 8 February 1977 the Council of the Euro­                Regulation (EEC) No 2543/73 (5), and in particular
pean Communities declared that it proposed, by way                Article 3 thereof ;
of Community action, to grant the equivalent of 3 500
tonnes of common wheat, in the form of 2 318 tonnes
                                                                  Whereas the measures provided for in this Regulation
of common wheat flour, to the Republic of Guinea,                  are in accordance with the opinion of the Manage­
under its 1976/77 food-aid programme ;                             ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­                                      Article 1
nated by the recipient or its agent ;
Whereas tenders may be submitted by tenderers esta­                1 . An invitation to tender shall be issued in respect
blished in any Member State of the Community and                   of the supply of 2 318 tonnes of common wheat flour
may relate to products mobilized anywhere within                   to the Republic of Guinea, by way of Community
                                                                   food-aid action .
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            2. The tendering procedure shall take place in the
should be taken of the effect on each tender of the                Kingdom of Belgium and shall be in respect of a
currency situation in the Member State in which the                single lot.
customs export formalities will be completed ;
                                                                   3 . The product shall be mobilized on the Commu­
Whereas the award under the invitation to tender                   nity market.
must be made in favour of the tenderer offering the
best terms ;                                                       4.    Loading shall be carried out in a Community
                                                                   port which has regular services to Guinea.
Whereas, should force majeure make it impossible to
complete the operation in question within the set                  5.    The flour is to be delivered in new cotton sacks
time limit, it should be made clear who is to bear the
liability for any resulting costs ;
                                                                   lined with Kraft paper with three pleats, or a net
                                                                   capacity of 50 kg to the port of shipment in the
Whereas provision should be made for security to be                vicinity of the vessel . The goods must be set down at
given to guarantee fulfilment of the obligations arising           the place nominated by the recipient country or its
by virtue of participation in the invitation to tender ;           agent, the timing of delivery being settled by the
                                                                   tenderer and the recipient country's agent.
(•) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 158 , 29. 6. 1977, p. 1 .                              (<) 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--- No L 257/ 18                        Official Journal of the European Communities                               8 . 10 . 77
The following shall be printed on the sacks :                                          Article 4
' Farine de froment — Don de la Communauté écono­
                                                              The contract shall be awarded to the tenderer offering
mique européenne à la république de Guinée'.                  the best terms, taking into consideration the adjust­
To allow for the possibility of re-bagging, the               ment referred to in Article 3 (3).
successful tenderer shall supply 2 % of new empty              However, if the tenders submitted do not appear to
sacks, of the same quality as those containing the            reflect normal market prices and costs, the interven­
goods but with the printing followed by a capital             tion agency may cancel the invitation to tender.
 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 (5) on the date given in the
 the invitation provided for in Article 1 shall be taken      notice of invitation to tender as a result of the late
on 21 October 1977.
                                                              availability of the vessels to be used for sea transporta­
2.      The closing date for submission of tenders shall      tion, the resulting costs shall be borne by the interven­
be 21 October 1977 , at 12 noon .                             tion agency.
 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 in an amount of
closing date for 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
                                                                   to Article 3 (2),
 3.     For the purpose of rendering the tenders compar­      — in the case of the successful tenderer for quantities
able, the prices shall, where appropriate, be corrected            not supplied by reason of force majeure.
 by the monetary compensatory amount and the acces­
 sion compensatory amount applicable on the closing            2. The security required under paragraph 1 may be
date for submission of tenders to exports from the             provided in the form of a cash deposit or of a
Member State mentioned in the tender pursuant to              guarantee issued by a credit institution conforming to
 paragraph 2.                                                 criteria laid down by each Member State.
Such correction shall be made by :                                                     Article 7
— increasing prices which mention a Member State
                                                               1.    The common wheat flour referred to in Article 1
     whose currency has depreciated or a new Member
     State,                                                    to be supplied to the Republic of Guinea, must meet
— reducing prices which mention a Member State                 the following requirements :
     whose currency has been revalued.                        — moisture : 14 % maximum ;
The monetary compensatory amount shall, where                 — protein content : 1 0-5 % minimum (N x 6-25 on
 appropriate, be converted into the currency of the                dry matter) ;
 Member State in which the invitation to tender is            — ash content : 0-52 % maximum referred to dry
                                                                   matter .
 issued using :
— in the case when the currencies concerned are                Flour not meeting these requirements shall be
      kept at any given moment within a band of                refused .
      2-25 % , a conversion rate resulting from their          2.    Tenders for supply to the Republic of Guinea, of
     central rate ;                                            the common wheat flour referred to in Article 1 must
— in the other cases, the average of the spot rates of         relate to a product with the following characteristics :
      the currencies concerned recorded in the Member
     State in which the invitation to tender is issued        — moisture : 14% maximum ;
     during a period from the Wednesday of one week           — protein content : 10-5 % minimum (N x 6-25 on
     to the Tuesday of the following week being the                dry matter) ;
      period immediately preceding the closing date for       — ash content : 0-52 % maximum referred to dry
     submission of tenders .                                       matter .
 ---pagebreak--- 8 . 10 . 77                        Official Journal of the European Communities                          No L 257/ 19
                         Article 8                            4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
1 . The Belgian intervention agency shall be respon­          tion :
sible for operations relating to the invitations to
tender provided for by this Regulation .                      (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
2.     It shall forthwith communicate to the Commis­
                                                              (b) the date of departure of the vessels.
sion the list of firms which have responded to the invi­
                                                              The information indicated above shall be forwarded
tation to tender, specifying the terms of each tender,
together with the name and business name of the               by the intervention agency to the Commission imme­
successful tenderer.                                          diately upon receipt.
                                                              5. When the intervention agency responsible for
3 . Where the customs export formalities for the
                                                              the operations relating to tendering is not the interven­
mobilized product are completed in a Member State             tion agency which appoints the successful tenderer, it
other than that in which the invitation to tender is
                                                              shall send as soon as possible to the latter the informa­
issued, the intervention agency of the latter Member
                                                              tion necessary for releasing the security.
State shall be responsible for the operations following
tendering, including payment to the successful ten­                                    Article 9
derer.
                                                              On delivery of the goods at the port of shipment, a
In such case, the intervention agency choosing the            handing-over certificate shall be supplied to the
successful tenderer shall immediately inform the inter­       successful tenderer, acting as agent for the Commu­
vention agency of the Member State concerned and              nity, by the agent of the recipient country or, in the
shall supply it with all the information which it may         absence of the latter, by the intervention agency of the
require.                                                      Member State in whose territory the port of shipment
                                                              is situated .
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                   Article 10
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the          This Regulation shall enter into force on the day of its
currency of the Member State in which the operations          publication in the Official Journal of the European
relating to the tendering are completed.                      Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 7 October 1977.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President