CELEX: 31978R0809
Language: en
Date: 1978-04-21 00:00:00
Title: Commission Regulation (EEC) No 809/78 of 21 April 1978 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)

22 . 4 . 78                             Official Journal of the European Communities                         No L 108 /21
                                     COMMISSION REGULATION (EEC) No 809/78
                                                       of 21 April 1978
              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                                     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
 Having regard to Council Regulation (EEC) No                      tender ;
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 2560/77 (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
tions for the mobilization of cereals as food aid (3), and        Whereas the Monetary Committee will be consulted ;
in particular Article 6 thereof,                                  whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
Whereas on 30 January 1978 the Council of the Euro­                No 129 on the value of the unit of account and the
pean Communities declared that it proposed, by way                 exchange rates to be applied for the purposes of the
of Community action , to grant the equivalent of                   common agricultural policy (4), as last amended by
36 300 tonnes of common wheat (in other words                      Regulation (EEC) No 2543/73 (5), and in particular
27 293 tonnes of common wheat flour) to UNRWA                      Article 3 thereof ;
under its 1977/78 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­              Whereas the measures provided for in this Regulation
tion (EEC) No 2750/75 the goods may be purchased                   are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
for supply of the products to the dock or in the
lighter where applicable at the port of unloading ;                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 . Tenders are hereby invited for the supply to
that the tenders are as comparable as possible, account            UNRWA, by way of Community food-aid action, of
should be taken of the effect on each tender of the                27 293 tonnes of common wheat flour.
currency situation in the Member State in which the
customs exports formalities will be completed ;
                                                                  2. The tendering procedure shall take place in the
Whereas the award under the invitation to tender                   Netherlands in six lots . The product shall be mobi­
must be made to the tenderer offering the best terms ;             lized on the Community market. The product shall be
                                                                  loaded for departure from a Community port.
Whereas, should force majeure make it impossible to
complete the operation in question within the time                3. The invitation to tender provided for in para­
limits specified, it must be made clear who is to bear            graph 1 is for supply of products to the dock, or in
the liability for any resulting costs ;                           the lighter where applicable in one of the ports of
                                                                  unloading listed in the Annex hereto.
(») OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 303 , 28 . 11 . 1977, p. 1 .                          (4) OJ No 106, 30. 10 . 1962, p. 2553/62.
(3 ) OJ No L 281 , 1 . 1 1 . 1975, p. 89 .                        (5 ) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  No L 108/22                       Official Journal of the European Communities                            22 . 4 . 78
4. The successful tenderer shall deliver the product              2-25 % , a conversion rate resulting from their
 specified in paragraph 1 in new jute sacks of a net              central rate,
capacity of 50 kilograms.                                    — in other cases, the average of the spot rates of the
                                                                  currencies concerned recorded in the Member
Minimum weight of the sacks shall be 600 grams. The               State in which the invitation to tender is issued
 following shall be printed on the sacks :
                                                                  during a period from the Wednesday of one week
'Wheat flour / Gift of the European Economic                      to the Tuesday of the following week being the
 Community / For free distribution to Palestine refu­             period immediately preceding the closing date for
gees.'                                                            submission of tenders .
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                                    Article 4
sacks, of the same quality as those containing the
goods but with the printing followed by a capital            The contract shall be awarded to the tenderer offering
letter ' R'.                                                 the best terms, taking into consideration the adjust­
                                                             ment referred to in Article 3 (3).
                        Article 2
                                                              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      agency may cancel the invitation to tender.
on 5 May 1978 .
                                                                                     Article 5
2. The closing date for the submission of tenders
shall be 5 May 1978 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
State in which the tenderer, in the event of his being            to Article 3 (2),
declared successful, expects to complete the customs         — in the case of the successful tenderer for quantities
export formalities for the 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 applicable on            guarantee issued by a credit institution conforming to
the closing date for submission of tenders to exports        criteria laid down by each Member State.
from    the Member State     mentioned in    the tender
pursuant to paragraph 2.
                                                                                     Article 6
Such correction shall be made by :
                                                             1.     The common wheat flour referred to in Article 1
— increasing prices which mention a Member State
     whose currency has depreciated or a new Member          to be supplied to UNRWA must meet the following
     State,                                                  requirements :
— reducing prices which mention a Member State               — moisture : 14 % maximum ,
     whose currency has been revalued .
                                                             — protein content : 105 % minimum (N x 6-25 on
The monetary compensatory amount shall, where                     dry matter),
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            — ash content : 0-62 % 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 .
 ---pagebreak--- 22. 4. 78                          Official Journal of the European Communities                          No L 108 /23
2.    Tenders for supply to UNRWA 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 : 1 0-5 % 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 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 to the Commission immediately
tation to tender, specifying the terms of each tender,       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 8
tendering, including payment to the successful ten­          As regards this tender the intervention agency is auth­
derer.
                                                             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 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, 21 April 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President
 ---pagebreak--- No L 108 /24              Official Journal of the European Communities                    22. 4. 78
                                                ANNEX
             No of lot        Port of unloading       Tonnage cif         Loading period
                1      Beirut                           4 000          1 ,—30 .  6.  1978
                2      Ashdod (pre-slung)               6 000          1 ,—30 .  6.  1978
                3      Aqaba                            5 000          1 .—30 .  6.  1978
                4      Beirut                           3 843          1 .—30 .  8.  1978
                5      Ashdod (pre-slung)               6 000          1 ,—30 . 8 . 1978
                6      Aqaba                            2 450          1 .—30 . 8 . 1978