CELEX: 31979R1470
Language: en
Date: 1979-07-13 00:00:00
Title: Commission Regulation (EEC) No 1470/79 of 13 July 1979 opening in invitation to tender for the mobilization of common wheat flour as food aid for the Hashemite Kingdom of Jordan

14. 7. 79                                 Official Journal of the European Communities                         No L 177/49
                                    COMMISSION REGULATION ( EEC) No 1470/79
                                                          of 13 July 1979
              opening an invitation to tender for the mobilization of common wheat flour as
                                     food aid for the Hashemite Kingdom of Jordan
THE COMMISSION OF THE EUROPEAN                                       should be taken of the effect on each tender of the
COMMUNITIES,                                                         currency situation in the Member State in which the
                                                                     customs export formalities will be completed ;
Having regard to the Treaty establishing the European
Economic Community,                                                  Whereas    the   contract should  be   awarded  to   the
                                                                     tenderer who makes the best offer ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                   Whereas it must be made clear who is to bear any
tion of the market in cereals ('), as last amended by                costs which arise in the event that for reasons of force
Regulation (EEC) No 1 254/78 ^),                                     majeure the operation in question is not completed
                                                                     within the time stipulated ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                    Whereas provision should be made for security to be
tions for the mobilization of cereals as food aid (3), and           given to guarantee fulfilment of obligations arising by
in particular Article 6 thereof,                                     virtue of participation in the invitation to tender for
                                                                     the supply of goods to the Hashemite Kingdom of
Having regard to Council Regulation No 129 on the                   Jordan ;
value of the unit of account and the exchange rates to
be applied for the purposes of the common agricul­                   Whereas the Dutch intervention agency should be
tural policy (4), as last amended by Regulation (EEC)                made responsible for organizing , the invitation to
No 2543/73 (5), and in particular Article 3 thereof,                 tender ;
Having regard to the opinion of the Monetary
Committee ,                                                          Whereas it is important that the Commission be
                                                                     informed without delay of the tenders submitted in
                                                                     response to the invitation and of those accepted by
Whereas on 8 May 1979 the Council of the European                    the intervention agency ;
Communities declared that by way of Community
action it proposed to grant to the Hashemite
Kingdom of Jordan the equivalent of 10 000 tonnes                    Whereas the measures provided for in this Regulation
of common wheat, in the form of flour, i.e. 6 622                    are in accordance with the opinion of the Manage­
tonnes of common wheat flour, under its 1978 /79                     ment Committee for Cereals,
food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                     HAS ADOPTED THIS REGULATION :
anywhere on the Community market ;
Whereas tenders should be invited for the supply of                                          Article 1
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 ;                                1 . An invitation to tender shall be issued in respect
                                                                     of the supply of 6 622 tonnes of common wheat flour
                                                                     to the Hashemite Kingdom of Jordan by way of
Whereas tenders may be submitted by tenderers esta­                  Community food-aid action .
blished in any Member State of the Community and
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency               2. The tendering procedure shall take place in the
situation in the Member States and in order to ensure                Kingdom of the Netherlands and shall be in respect
that the tenders are as comparable as possible, account              of a single lot.
(•) OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                            3 . The goods shall be mobilized on the Commu­
(2) OJ  No  L 156, 14. 6. 1978, p. 1 .                               nity market.
(3) OJ  No  L 281 , 1 . 11 . 1975, p. 89.
(4) OJ  No  106, 30. 10 . 1962, p. 2553/62.
(5) OJ  No  L 263, 19. 9. 1973, p. 1 .                               4.    Shipment shall be from a Community port.
 ---pagebreak--- No L 177/ 50                       Official Journal of the European Communities                             14 . 7 . 79
5 . The product referred to in paragraph 1 is to be               2-25 % , a conversion rate resulting from their
delivered in new cotton sacks of a net capacity of 50             central rate,
kilograms to the port of shipment in the vicinity of         — in the other cases, the average of the spot rates of
the vessel . The goods must be set down at the place              the currencies concerned recorded in the Member
nominated by the recipient country or its agent, the              State in which the invitation to tender is issued
timing of delivery being settled by the tenderer and              during a period from the Wednesday of one week
the recipient country's agent.                                    to the Tuesday of the following week being the
6.     The following shall be printed on the sacks :              period immediately preceding the closing date for
                                                                  submission of tenders .
'Wheat flour / Gift of the European Economic
Community to Jordan / For free distribution .'
                                                                                         Article 4
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty            The contract shall be awarded to the tenderer offering
sacks, of the same quality as those containing the           the best terms, taking into consideration the adjust­
goods but with the printing followed by a capital            ment referred to in Article 3 (3).
letter ' R '.
                                                              However, if the tenders submitted do not appear to
                         Article 2
                                                              reflect normal market prices and costs, the interven­
                                                             tion agency may cancel the invitation to tender.
 1 . The award of the contract shall take place on 27
July 1979 .                                                                              Article 5
2. The closing date for submission of tenders shall
be 27 July 1979 at 12 noon .                                  1 . The tenderer shall give security in an amount of
                                                              12 ECU per tonne of goods.
3.     The    notice of invitation  to  tender shall  be
                                                              It shall be released :
published in the Official Journal of the European
 Communities not less than nine days before the              — in the case of all tenderers whose tenders are
closing date for submission of tenders .                          unsuccessful or are not accepted,
                                                             — in the case of the successful tenderer, when the
                         Article 3
                                                                  operations concerned have been carried out within
                                                                  the prescribed time limit and on submission of
 1 . The prices offered must be expressed in the
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 and the acces­           criteria laid down by each Member State.
 sion compensatory amount applicable on the closing
 date for submission of tenders to exports from the
 Member State mentioned in the tender pursuant to                                        Article 6
 paragraph 2.
                                                              1 . The goods referred to in Article 1 which are to
 Such correction shall be made by :                           be supplied to the Hashemite Kingdom of Jordan
— increasing prices which mention a Member State              must meet the following requirements :
     whose currency has depreciated,                          co m m o n whea t flo u r :
 — reducing prices which mention a Member State
     whose currency has been revalued .                       — moisture content : 1 5 % maximum ;
                                                              — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
The monetary compensatory amount shall , where                     lated on the dry matter) ;
 appropriate, be converted into the currency of the
 Member State in which the invitation to tender is            — ash content : 0-52 % maximum on the dry matter.
 issued using :
                                                              If the goods referred to in Article 1 do not meet the
— in the case when the currencies concerned are               foregoing requirements they shall be rejected and the
     kept at any given moment within a band of                successful tenderer shall be owner thereof.
 ---pagebreak--- 14. 7. 79                          Official Journal of the European Communities                         No L 177/ 51
2. Tenders for supply to the Hashemite Kingdom               average of the spot rates referred to in the second
of Jordan of the goods referred to in Article 1 must         subparagraph of Article 3 (3) to the tenderer in the
relate to products with the following characteristics :      currency of the Member State in which the operations
common wheat flour :                                         relating to the tendering are completed .
— moisture content : 1 5 % maximum ;                         4. The intervention agency shall request the
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­            successful tenderer to supply the following informa­
                                                             tion :
    lated on the dry matter) ;
— ash content : 0-52 % maximum on the dry matter.            (a) after each shipment a certificate showing the quan­
                                                                 tities dispatched and the quality of the products ;
                        Article 7                            (b) the date of departure of the vessels.
1 . The Dutch intervention agency shall be respon­           The information indicated above shall be forwarded
sible for operations relating to the invitation to tender    by the intervention agency to the Commission imme­
provided for by this Regulation.                             diately upon receipt.
2.    It shall forthwith communicate to the Commis­           5. When the agency responsible for the operations
sion the list of firms which have responded to the invi­     relating to tendering is not the intervention agency
tation to tender, specifying the terms of each tender,       which appoints the successful tenderer, it shall send as
together with the name and business name of the              soon as possible to the latter the information neces­
successful tenderer.                                         sary for releasing the security.
3 . Where the customs export formalities for the                                      A rticle 8
mobilized product are completed in a Member State
other than that in which the invitation to tender is
                                                             On delivery of the goods at the port of shipment, a
issued, the intervention agency of the latter Member         handing-over certificate shall be supplied to the
State shall be responsible for the operations following      successful tender, acting as agent for the Community,
tendering, including payment to the successful               by the agent of the recipient country or, in the
tenderer.
                                                             absence of the latter, by the intervention agency of the
In such case, the intervention agency choosing the           Member State in whose territory the port of shipment
                                                             is situated .
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and
shall supply it with all the information which it may                                 Article 9
require.
                                                             This Regulation shall enter into force on the day of its
Furthermore, the amount of the successful tender              publication in the Official Journal of the European
shall be paid after it has been converted using the           Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 13 July 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President