CELEX: 31978R2522
Language: en
Date: 1978-10-27 00:00:00
Title: Commission Regulation (EEC) No 2522/78 of 27 October 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)

No L 301 /34                           Official Journal of the European Communities                           28 . 10 . 78
                                  COMMISSION REGULATION (EEC) No 2522/78
                                                      of 27 October 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 1 254/78 (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
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 8 February 1977 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 1 330             common agricultural policy (4), as last amended by
 tonnes of common wheat (in other words 1 000                     Regulation (EEC) No 2543/73 (5), and in particular
 tonnes of common wheat flour) to UNRWA under its                 Article 3 thereof ;
 1976/77 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                1 000 tonnes of common wheat flour.
currency situation in the Member State in which the
customs export formalities will be completed ;
                                                                  2. The tendering procedure shall take place in the
Whereas the award under the invitation to tender                  Netherlands in one lot. 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
                                                                  Lattakia, Tartous, Beirut or Tripoli.
(•) OJ No L 281 , 1 . 11 . 1975, p. 1 .
I2) OJ No L 156, 14. 6. 1978, 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--- 28 . 10 . 78                       Official Journal of the European Communities                       No L 301 / 35
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 to UNRWA / For free distribution to                     during a period from the Wednesday of one week
Palestine refugees'.                                              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      agency may cancel the invitation to tender.
on 10 November 1978 .
2.    The closing date for the submission of tenders                                 Article 5
shall be 10 November 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              the original export licence, duly granted and
to tender was issued .                                            endorsed by the competent authorities of the
                                                                  Member State mentioned in the tender pursuant
2. Tenders must in particular mention the Member                  to Article 3 (2),
State in which the tenderer, in the event of his being       — in the case of the successful tenderer for quantities
declared successful, expects to complete the customs              not supplied by reason of force majeure.
export formalities for the products concerned.
                                                             2. The security required under paragraph 1 may be
3. For the purpose of rendering the tenders compar­          provided in the form of a cash deposit or of a
able, the prices shall, where appropriate, be corrected      guarantee issued by a credit institution conforming to
by the monetary compensatory amount applicable on            criteria laid down by each Member State.
the closing date for submission of tenders to exports
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
                                                             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 : 1 0-5 % 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 .
 ---pagebreak--- No L 301 /36                       Official Journal of the European Communities                              28 . 10 . 78
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 : 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 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 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 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, 27 October 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President