CELEX: 31979R0554
Language: en
Date: 1979-03-23
Title: Commission Regulation (EEC) No 554/79 of 23 March 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

24. 3 . 79                                Official Journal of the European Communities                           No L 73 / 5
                                     COMMISSION REGULATION (EEC) No 554/79
                                                         of 23 March 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                                      that the tenders are as comparable as possible, account
COMMUNITIES,                                                        should be taken of the effect on each tender of the
                                                                    currency situation in the Member State in which the
Having regard to the Treaty establishing the European               customs export formalities will be completed ;
Economic Community,
                                                                    Whereas      the contract  should  be   awarded   to  the
Having regard to Council Regulation (EEC) No                         tenderer who makes the best offer ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ( J ), as last amended by             Whereas it must be made clear who is to bear any
Regulation (EEC) No 1254/78 (2),                                     costs which arise in the event that for reasons of force
                                                                     majeure the operation in question is not completed
Having regard to Council Regulation (EEC) No                         within the time stipulated ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and           Whereas provision should be made for security to be
in particular Article 6 thereof,                                     given to guarantee fulfilment of the obligations arising
                                                                     by virtue of participation in the invitation to tender ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to               Whereas the German intervention agency should be
be applied for the purposes of the common agricul­                   made responsible for the tendering procedure in ques­
tural policy (4), as last amended by Regulation (EEC)                tion ;
No 2543/73 (5), and in particular Article 3 thereof,
                                                                     Whereas it is important that the Commission be
Having regard to the opinion of the Monetary                         informed without delay of the tenders submitted in
Committee,                                                           response to the invitation and of those accepted by
                                                                     the intervention agency ;
Whereas on 30 January 1978 the Council of the Euro­
pean Communities declared that it proposed, by way                   Whereas the measures provided for in this Regulation
of Community action, to grant the equivalent of 1 208                are in accordance with the opinion of the Manage­
tonnes of common wheat (in other words 800 tonnes                    ment Committee for Cereals,
of common wheat flour) to the World Food
Programme under its 1977/78 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
                                                                     HAS ADOPTED THIS REGULATION :
tion (EEC) No 2750/75 the goods may be purchased
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               1 . Tenders are hereby invited for the supply to the
nated by the recipient or its agent ;                                World Food Programme, by way of Community
                                                                     action , of 800 tonnes of common wheat flour.
Whereas tenders may be submitted by tenders esta­
blished in any Member State of the Community and
                                                                     2. The tendering procedure shall take place in the
 may relate to products mobilized anywhere within
 those Member States ; whereas, in view of the currency
                                                                     Federal Republic of Germany and shall be in respect
                                                                     of one lot .
 situation in the Member States and in order to ensure
 (>) OJ  No L 281 , 1 . 11 . 1975, p. 1 .                             3.    The goods shall be mobilized on the Commu­
 (*) OJ  No L 156, 14 . 6. 1978 , p. 1 .                              nity market.
 K>) 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 73 / 6                        Official Journal of the European Communities                               24 . 3 . 79
5. The product referred to in paragraph 1 is to be           Member State in which the invitation to tender is
delivered in new jute sacks of a net capacity of 50 kilo­    issued using :
grams to the port of shipment in the vicinity of the
                                                             — in the case when the currencies concerned are
vessel . The goods must be set down at the place nomi­
nated by the recipient country or its agent, the timing           kept at any given moment within a band of
of delivery being settled by the tenderer and the recip­          2-25 % , a conversion rate resulting from their
ient country's agent.                                             central rate,
                                                             — in the other cases, the average of the spot rates of
Minimum weight of sacks shall be 600 grams.                       the currencies concerned recorded in the Member
                                                                  State in which the invitation to tender is issued
The following shall be printed on the sacks :                     during a period from the Wednesday of one week
                                                                  to the Tuesday of the following week being the
' Bolivia 2313 / Harina de trigo / Arica la Paz /                 period immediately preceding the closing date for
Donación de la Comunidad económica europea /                      submission of tenders .
Despachado por el Programa Mundial de alimentos'.
To allow for the possibility of re-bagging, the                                        Article 4
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the
goods but with the printing following 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
                                                              reflect normal market prices and costs, the interven­
 1 . The award of the contract shall take place on 6          tion agency may cancel the invitation to tender.
April 1979 .
2. The closing date for submission of tenders shall                                    Article 5
 oe 6 April 1979 at 12 noon .
                                                              If the tenderer is unable to deliver the goods in
3.     The   notice of  invitation  to  tender shall   be     compliance with Article 1 (3) on the date given in the
 published in the Official Journal of the European            notice of invitation to tender as a result of the late
 Communities not less than nine days before the               availability of the vessels to be used for sea transporta­
closing date for submission of tenders.                       tion, resulting costs shall be borne by the intervention
                                                              agency.
                        Article 3
                                                                                       Article 6
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation          1 . The tenderer shall give security in an amount of
 to tender was issued .
                                                               10 units of account per tonne of goods.
 2. Tenders must in particular mention the Member             It shall be released :
 State in which the tenderer, in the event of his being
 declared successful, expects to complete the customs         — in the case of all tenderers whose tenders are
 export formalities for the products concerned.                   unsuccessful or are not accepted,
                                                              — in the case of the successful tenderer, when the
 3 . For the purpose of rendering the tenders compar­
 able, the prices shall be corrected by the monetary              operations concerned have been carried out within
 compensatory amount applicable on the closing date               the prescribed time limit and on submission of
 for submission of tenders to exports from the Member             the original export licence duly granted and
 State mentioned in the tender pursuant to paragraph              endorsed by the competent authorities of the
 2. Such correction shall be made by :                            Member State mentioned in the tender pursuant
                                                                  to Article 3 (2),
— increasing prices which mention a Member State              — in the case of the successful tenderer, for quanti­
     whose currency has depreciated,                               ties not supplied by reason of force majeure.
— reducing prices which mention a Member State
     whose currency has been revalued .                       2. The security required under paragraph 1 may be
                                                              provided in the form of a cash deposit or of a
The monetary compensatory amount shall , where                guarantee issued by a credit institution conforming to
 appropriate, be converted into the currency of the           criteria laid down by each Member State .
 ---pagebreak--- 24 . 3 . 79                          Official Journal of the European Communities                           No L 73/7
                          A rticle 7                            In such case, the intervention agency choosing the
                                                               successful tenderer shall immediately inform the inter­
1 . The goods referred to in Article 1 must meet the           vention agency of the Member State concerned and
following requirements :                                       shall supply it with all the information which it may
common wheat flour :                                           require.
— moisture content : 14 % maximum ,                             Furthermore, the amount of the successful tender
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­              shall be paid after it has been converted using the
     lated on the dry matter),                                 average of the spot rates referred to in the second
— ash content : 0-52 % maximum on the dry matter.              subparagraph of Article 3 (3) to the tenderer in the
                                                               currency of the Member State in which the operations
If the goods referred to in Article 1 do not meet the           relating to the tendering are completed.
foregoing requirements they shall be rejected and the           4. The intervention agency shall request the
successful tenderer shall be owner thereof.
                                                                successful tenderer to supply the following informa­
2. Tenders for supply of the goods referred to in               tion :
Article 1 must relate to products with the following           (a) after each shipment a certificate showing the quan­
characteristics :
                                                                    tities dispatched and the quality of the products ;
com m o n when t flou r :                                      (b) the date of departure of the vessels.
— moisture content : 14% maximum,                               The information indicated above shall be forwarded
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­               by the intervention agency to the Commission imme­
     lated on the dry matter),                                  diately upon receipt.
— ash content : 0-52 % maximum on the dry matter.               5. When the agency responsible for the operations
                                                                relating to tendering is not the intervention agency
                          Article 8                             which appoints the successful tenderer, it shall send as
                                                                soon as possible to the latter the information neces­
1 . The German intervention agency shall be respon­             sary for releasing the security.
sible for operations relating to the invitation to tender
provided for by this Regulation .                                                        Article 9
2.      It shall forthwith communicate to the Commis­           On delivery of the goods at the port of shipment, a
sion the list of firms which have responded to the invi­        handing-over certificate shall be supplied to the
tation to tender, specifying the terms of each tender,          successful tenderer, acting as agent for the Commu­
together with the name and business name of the                 nity, by the agent of the recipient country or, in the
successful tenderer.                                            absence of the latter, by the intervention agency of the
3 . Where the customs export formalities for the                Member State in whose territory the port of shipment
                                                                is situated .
mobilized product are completed in a Member State
other than that in which the invitation to tender is
                                                                                        Article 10
issued, the intervention agency of the latter Member
State shall be responsible for the operations following         This Regulation shall enter into force on the day of its
tendering, including payment to the successful                  publication in the Official Journal of the European
tenderer.                                                        Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 23 March 1979 .
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                               Vice-President