CELEX: 31979R0377
Language: en
Date: 1979-02-23 00:00:00
Title: Commission Regulation (EEC) No 377/79 of 23 February 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

24 . 2. 79                                Official Journal of the European Communities                           No L 47/7
                                     COMMISSION REGULATION (EEC) No 377 /79
                                                       of 23 February 1979
               opening an invitation to tender for the mobilization of common wheat flour as
                                           food aid for the World Food Programme
THE COMMISSION OF THE EUROPEAN                                       majeure the operation in question is not completed
COMMUNITIES,                                                        within the time stipulated ;
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
2727/75 of 29 October 1975 on the common organiza­                  Whereas the Italian intervention agency should be
tion of the market in cereals ('), as last amended by               made responsible for the tendering procedure in ques­
Regulation (EEC) No 1254/78 (2),                                    tion ;
Having regard to Council Regulation (EEC) No                        Whereas it is important that the Commission be
2750/75 of 29 October 1975 laying down the condi­                   informed without delay of the tenders submitted in
tions for the mobilization of cereals as food aid (3), and          response to the invitation and of those accepted by
in particular Article 6 thereof,                                    the intervention agency ;
Having regard to the opinion of the Monetary                        Whereas the measures provided for in this Regulation
Committee,                                                          are in accordance with the opinion of the Manage­
                                                                    ment Committee for Cereals,
Whereas on 30 January 1978 the Council of the Euro­
pean Communities declared that it proposed, by way
of Community action, to grant the equivalent of 2 869
tonnes of common wheat (in other words 1 900                        HAS ADOPTED THIS REGULATION :
tonnes of common wheat flour) to the World Food
 Programme under its 1977/78 food-aid programme ;
                                                                                            Article 1
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                     1 . Tenders are hereby invited for the supply to the
anywhere on the Community market ;                                  World Food Programme, by way of Community
                                                                    action, of 1 900 tonnes of common wheat flour.
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of              2. The tendering procedure shall take place in Italy
the vessel, the goods to be set down at the place nomi­             in three lots. The product shall be mobilized on the
 nated by the recipient or its agent ;                              Community market. Loading shall be carried out in a
                                                                    Community port operating a regular service with the
Whereas tenders may be submitted by tenderers esta­                 recipient country.
blished in any Member State of the Community and
 may relate to products mobilized anywhere within                   3 . The product referred to in paragraph 1 is to be
 those Member States ; whereas, in view of the currency             delivered in new jute sacks of a net capacity of 50 kilo­
situation in the Member States and in order to ensure
                                                                    grams to the port of shipment in the vicinity of the
 that the tenders are as comparable as possible, account            vessel. The goods must be set down at the place nomi­
 should be taken of the effect on each tender of the
                                                                     nated by the recipient country or its agent, the timing
 currency situation in the Member State in which the                of delivery being settled by the tenderer and the recip­
customs export formalities will be completed ;                      ient country's agent.
Whereas the contract should be awarded to the
                                                                    Minimum weight of sacks shall be 600 grams.
 tenderer who makes the best offer ;
                                                                    The following shall be printed on the sacks :
Whereas it must be made clear who is to bear any
costs which arise in the event that for reasons of force            — lot No 1 — 850 tonnes :
( 1 ) OJ No L 281 , 1 . 11 . 1975, p. 1 .
                                                                         'Cyprus 464X / Wheat flour / Limassol / Gift of
(2) OJ No L 156, 14. 6. 1978 , p. 1 .                                    the European Economic Community / Action of
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                                 the World Food Programme' ;
 ---pagebreak--- No L 47/ 8                        Official Journal of the European Communities                               24. 2. 79
— lot No 2 — 750 tonnes :                                        State in which the invitation to tender is issued
    'Somalia 2326 / Wheat flour / Mogadiscio / Gift of           during a period from the Wednesday of one week
    the European Economic Community / Action of                  to the Tuesday of the following week being the
    the World Food Programme' ;                                  period immediately preceding the closing date for
                                                                 submission of tenders .
— lot No 3 — 300 tonnes :
    'Somalia 2326 / Wheat flour / Berbera / Gift of the
                                                                                     Article 4
     European Economic Community / Action of the
    World Food Programme'.                                  The contract shall be awarded to the tenderer offering
To allow for the possibility of re-bagging, the             the best terms, taking into consideration the adjust­
successful tenderer shall supply 2 % of new empty           ment referred to in Article 3 (3).
sacks, of the same quality as those containing the
goods but with the printing followed by a capital           However, if the tenders submitted do not appear to
letter ' R'.                                                reflect normal market prices and costs, the interven­
                                                            tion agency may cancel the invitation to tender.
                        Article 2
                                                                                     Article 5
1.     The award of the contract shall take place on 9
March 1979 .                                                 If the tenderer is unable to deliver the goods in
                                                            compliance with Article 1 (3) on the date given in the
2.     The closing date for submission of tenders shall     notice of invitation to tender as a result of the late
be 9 March 1979 at 12 noon .                                availability of the vessels to be used for sea transporta­
                                                            tion, resulting costs shall be borne by the intervention
3.     The   notice of invitation  to tender shall be
                                                            agency.
published in the Official Journal of the European
Communities not less than nine days before the
closing date for submission of tenders.                                              Article 6
                                                             1 . The tenderer shall give security in an amount of
                        Article 3
                                                             10 units of account per tonne of goods.
1 . The prices offered must be expressed in the              It shall be released :
currency of the Member State in which the invitation
to tender was issued .                                      — in the case of all tenderers whose tenders are
                                                                 unsuccessful or are not accepted,
2. Tenders must in particular mention the Member            — in the case of the successful tenderer, when the
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs             operations concerned have been carried out within
                                                                 the prescribed time limit and on submission of
export formalities for the products concerned.
                                                                 the original export licence duly granted and
3.     For the purpose of rendering the tenders compar­          endorsed by the competent authorities of the
able, the prices shall be corrected by the monetary              Member State mentioned in the tender pursuant
compensatory amount applicable on the closing date               to Article 3 (2),
for submission of tenders to exports from the Member        — in the case of the successful tenderer, for quanti­
State mentioned in the tender pursuant to paragraph              ties not supplied by reason of force majeure.
2. Such correction shall be made by :
                                                             2. The security required under paragraph 1 may be
— increasing prices which mention a Member State             provided in the form of a cash deposit or of a
    whose currency has depreciated,                         guarantee issued by a credit institution conforming to
— reducing prices which mention a Member State              criteria laid down by each Member State.
    whose currency has been revalued.
The monetary compensatory amount shall, where                                        Article 7
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            1 . The goods referred to in Article 1 must meet the
issued using :                                               following requirements :
— in the case when the currencies concerned are              common wheat flour :
     kept at any given moment within a band of              — moisture content : 14% maximum,
     2-25 % , a conversion rate resulting from their
     central rate,                                           — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
— in the other cases, the average of the spot rates of           lated on the dry matter),
     the currencies concerned recorded in the Member        — ash content : 0-52 % maximum on the dry matter.
 ---pagebreak--- 24. 2. 79                          Official Journal of the European Communities                            No L 47/9
If the goods referred to in Article 1 do not meet the         Furthermore, the amount of the successful tender
foregoing requirements they shall be rejected and the         shall be paid after it has been converted using the
successful tenderer shall be owner thereof.                   average of the spot rates referred to in the second
                                                              subparagraph of Article 3 (3) to the tenderer in the
2. Tenders for supply of the goods referred to in             currency of the Member State in which the operations
Article 1 must relate to products with the following          relating to the tendering are completed.
characteristics :
common wheat flour :                                          4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
— moisture content : 14 % maximum,                            tion :
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­             (a) after each shipment a certificate showing the quan­
     lated on the dry matter),                                    tities dispatched and the quality of the products ;
— ash content : 0-52 % maximum on the dry matter.             (b) the date of departure of the vessels.
                                                              The information indicated above shall be forwarded
                         Article 8
                                                              by the intervention agency to the Commission imme­
1 . The Italian intervention agency shall be respon­          diately upon receipt.
sible for the operations relating to the invitation to
tender provided for by this Regulation .                      5. When the agency responsible for the operations
                                                              relating to tendering is not the intervention agency
2.     It shall forthwith communicate to the Commis­          which appoints the successful tenderer, it shall send as
sion the list of firms which have responded to the invi­      soon as possible to the latter the information neces­
tation to tender, specifying the terms of each tender,        sary for releasing the security.
together with the name and business name of the
successful tenderer.                                                                  Article 9
3. Where the customs export formalities for the               On delivery of the goods at the port of shipment, a
mobilized product are completed in a Member State             handing-over certificate shall be supplied to the
other than that in which the invitation to tender is          successful tenderer, acting as agent for the Commu­
issued, the intervention agency of the latter Member          nity, by the agent of the recipient country or, in the
State shall be responsible for the operations following       absence of the latter, by the intervention agency of the
tendering, including payment to the successful                Member State in whose territory the port of shipment
tenderer.                                                     is situated .
In such case, the intervention agency choosing the                                    Article 10
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and              This Regulation shall enter into force on the day of its
shall supply it with all the information which it may         publication in the Official Journal of the European
require .                                                     Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 23 February 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President