CELEX: 31978R2698
Language: en
Date: 1978-11-17 00:00:00
Title: Commission Regulation (EEC) No 2698/78 of 17 November 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Arab Republic of Syria

18 . 11 . 78                           Official Journal of the European Communities                       No L 324/ 19
                                  COMMISSION REGULATION (EEC) No 2698/78
                                                    of 17 November 1978
              opening an invitation to tender for the mobilization of common wheat flour as
                                         food aid for the Arab Republic of Syria
THE COMMISSION OF THE EUROPEAN                                    Whereas provision should be made for security to be
COMMUNITIES,                                                      given for the purpose of guaranteeing that the obliga­
                                                                  tions arising by virtue of participation in the invita­
                                                                  tion to tender will be fulfilled ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                  Whereas the Italian intervention agency should be
                                                                   made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­
                                                                  Whereas the Commission must be informed quickly
tion of the market in cereals (J), as last amended by             of the tenders submitted in response to the invitation
Regulation (EEC) No 1254/78 (2),                                  and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                      Whereas the Monetary Committee will be consulted ;
2750/75 of 29 October 1975 laying down the condi­                 whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid (3), and        aged should be adopted in accordance with the condi­
in particular Article 6 thereof,                                   tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 on the value of the unit of account and the
                                                                  exchange rates to be applied for the purposes of the
Whereas on 30 January 1978 the Council of the Euro­               common agricultural policy (4), as last amended by
pean Communities declared that it proposed, by way                 Regulation (EEC) No 2543/73 (5), and in particular
of Community action, to grant the equivalent of 3 500             Article 3 thereof ;
tonnes of common wheat (i.e. 2 318 tonnes of
common wheat flour) to the Arab Republic of Syria
under its 1977/78 food-aid programme ;                            Whereas the measures provided for in this Regulation
                                                                  are in accordance with the opinion of the Manage­
                                                                   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 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 ;
                                                                                          Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
may relate to products mobilized anywhere within
                                                                   1 . Tenders are hereby invited for the supply by way
                                                                  of Community action to the Arab Republic of Syria of
those Member States ; whereas, in view of the currency            2 318 tonnes of common wheat flour.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the               2. The tendering procedure shall take place in Italy
currency situation in the Member State in which the               in one lot. The product shall be mobilized on the
customs export formalities will be completed ;                    Community market. The products shall be loaded for
                                                                  departure from any Community port.
Whereas the award under the invitation to tender
must be made in favour of the tenderer offering the               3. The invitation to tender provided for in para­
best terms :                                                      graph 1 is for supply of products to the dock, or in
                                                                  the lighter where applicable in the port of Tartous.
(•) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 1 .                              (4) OJ No 106, 30. 10. 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                           W OI No L 263. 19 . 9 . 1973. d. 1 .
 ---pagebreak--- No L 324/20                        Official Journal of the European Communities                          18 . 11 . 78
4.    The    successful   tenderer  shall    deliver the     — in the case when the currencies concerned are
products in new cotton sacks of a net capacity of 50              kept at any given moment within a band of
kilograms.                                                        2-25 % , a conversion rate resulting from their
                                                                  central rate,
The minimum weight of the sacks shall be 180 grams.          — in the other cases, the average of the spot rates of
                                                                  the currencies concerned recorded in the Member
The following shall be printed on the sacks :                     State in which the invitation to tender is issued
'Farine de froment / Don de la Communauté écono­                  during a period from the Wednesday of one week
mique européenne à la République arabe syrienne / À               to the Tuesday of the following week, being the
distribuer gratuitement'.                                         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
                                                              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 market prices and costs, the interven­
the invitation provided for in Article 1 shall be taken       tion agency may cancel the invitation to tender.
on 1 December 1978 .
2.    The closing date for the submission of tenders                                 Article 5
shall be 1 December 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
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 be corrected by the monetary           provided in the form of a cash deposit or of a
compensatory amount applicable on the closing date           guarantee issued by a credit institution conforming to
for submission of tenders to exports from the Member          criteria laid down by each Member State.
State mentioned in the tender pursuant to paragraph
2.
                                                                                     Article 6
Such correction shall be made by :
                                                              1 . The goods referred to in Article 1 must meet the
— increasing prices which mention a Member State              following requirements :
    whose currency has depreciated or a new Member
    State,                                                   — moisture : 1 2 % maximum,
— reducing prices which mention a Member State               — protein content : 10-5 % minimum (N x 6-25 on
    whose currency has been revalued.                             dry matter),
                                                             — ash content : 0-52 % 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--- 18 . 11 . 78                       Official Journal of the European Communities                          No L 324/21
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 :
                                                             4. The intervention agency shall ask that the
— moisture : 12 % maximum,                                   tenderer specifies the following information :
— protein content : 10-5 % minimum (N x 6-25 on
     dry matter),                                            (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
— ash content : 0-52 % maximum referred to dry                    and their packaging ;
     matter.
                                                             (b) the date of the departure of the ships ; the
                         Article 7
                                                                  expected date of arrival of the products at their
                                                                  destination ;
1 . The Italian intervention agency shall be respon­         (c) all possible contingencies which might occur
sible for the operations relating to the invitation to            during transportation of the products.
tender provided for by this Regulation.
                                                             The intervention agency shall transmit the informa­
2.     It shall forthwith communicate to the Commis­          tion provided for to the Commission as soon as it is
sion the list of firms which have responded to the invi­      received.
tation to tender, specifying the terms of each tender,
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
                                                              tion agency which appoints the successful tenderer, it
3. Where the customs export formalities for the               shall send as soon as possible to the latter the informa­
mobilized product are completed in a Member State             tion necessary for releasing the security.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member                                  Article 8
State shall be responsible for the operations following
tendering, including payment to the successful                As regards this tender, the intervention agency is auth­
tenderer.                                                     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, 17 November 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President