CELEX: 31979R2757
Language: en
Date: 1979-12-07 00:00:00
Title: Commission Regulation (EEC) No 2757/79 of 7 December 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services

8 . 12. 79                               Official Journal of the European Communities                          No L 312/ 13
                                 COMMISSION REGULATION (EEC) No 2757/79
                                                      of 7 December 1979
              opening an invitation to tender for the mobilization of common wheat flour as
                                          food aid for the Catholic Relief Services
THE COMMISSION OF THE EUROPEAN                                     Whereas the contract should be awarded to the
COMMUNITIES,                                                       tenderer offering the best terms ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                   Whereas, in case it should be impossible for reasons
                                                                   of force majeure to complete the operation in ques­
                                                                   tion within the set time limits, it must be made clear
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                 who is to bear any costs resulting therefrom ;
tion of the market in cereals ( J ), as last amended by
Regulation (EEC) No 1 547/79 (2),                                  Whereas provision should be made for security to be
                                                                   given to guarantee fulfilment of the obligations arising
Having regard to Council Regulation (EEC) No                       by virtue of participation in the invitation to tender ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and         Whereas the French intervention agency should be
in particular Article 6 thereof,                                    made responsible for the tendering procedure in ques­
                                                                    tion ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to
be applied for the purposes of the common agricul­                 Whereas the Commission must be informed quickly
tural policy (4), as last amended by Regulation (EEC)               of the tenders submitted in response to the invitation
No 2543/73 (5), and in particular Article 3 thereof,                and of those accepted by the intervention agency ;
Having regard to the opinion of the Monetary                        Whereas the measures provided for in this Regulation
Committee ,                                                         are in accordance with the opinion of the Manage­
                                                                    ment Committee for Cereals,
Whereas on 8 May 1979 the Council of the European
Communities declared that it proposed, by way of
Community action , to grant the equivalent of 7 500
tonnes of common wheat (in other words 5 639
tonnes of common wheat flour) to the Catholic Relief                HAS ADOPTED THIS REGULATION :
Service under its 1978 /79 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                                             Article 1
anywhere on the Community market ;
                                                                     1 . Tenders are hereby invited for the supply to the
Whereas tenders should be invited for the supply of
                                                                    Catholic Relief Services, by way of Community action,
the product to the port of shipment in the vicinity of              of 5 639 tonnes of common wheat flour.
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                    2.     The tendering procedure shall take place in
Whereas tenders may be submitted by tenderers esta­                 France in four lots.
blished in any Member State of the Community and
 may relate to products mobilized anywhere within                   3 . The products shall be mobilized on the Commu­
those Member States ; whereas, in view of the currency               nity market.
 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                 4.     Shipment shall be from a Community port.
 currency situation in the Member State in which the
 customs export formalities will be completed ;                      5. The product referred to in paragraph 1 is to be
                                                                     delivered to the port of shipment in the vicinity of the
(•) OJ No L 281 , 1 . 11 . 1975, p . 1 .                             vessel . The goods must be set down at the place nomi­
(2) OJ No L 188 , 26 . 7. 1979 , p. 1 .                              nated by the recipient country or its agent, the timing
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.
(«) OJ No 106, 30. 10. 1962, p. 2553/62.                             of delivery being settled by the tenderer and the recip­
(5) OJ No L 263, 19. 9. 1973, p. 1 .                                 ient country's agent.
 ---pagebreak---  No L 312/ 14                     Official Journal of the European Communities                               8 . 12. 79
 6. The successful tenderer shall deliver the product       for submission of tenders to exports from the Member
specified in paragraph 1 in new jute sacks lined with       State mentioned in the tender pursuant to paragraph
cotton sacks of a net capacity of 50 kilograms.             2. Such correction shall be made by :
The following shall be printed on the sacks :               — increasing prices which mention a Member State
Lot 1 : 272 tonnes :
                                                                whose currency has depreciated,
                                                            — reducing prices which mention a Member State
 Hanna de trigo / Donación de la Comunidad econ­                whose currency has been revalued.
ómica europea para Cathwell Chile / Destinada a la
distribución gratuita                                       The monetary compensatory amount shall, where
Cathwell / 5124 / Antofagasta'.                             appropriate, be converted into the currency of the
                                                            Member State in which the invitation to tender is
Lot 2 : 314 tonnes :
                                                            issued using :
 Hanna de trigo / Donación de la Comunidad econ­
                                                            — in the case when the currencies concerned are
ómica europea para Cathwell Chile / Destinada a la
distribución gratuita                                           kept at any given moment within a band of
                                                                2.25 %, a conversion rate resulting from their
Cathwell / 5125 / Coquimbo .                                    central rate,
Lot 3 : 2 326 tonnes :
                                                            — in the other cases, the average of the spot rates of
 Harina de trigo / Donación de la Comunidad econ­               the currencies concerned recorded in the Member
ómica europea para Cathwell Chile / Destinada a la              State in which the invitation to tender is issued
distribución gratuita                                           during a period from the Wednesday of one week
Cathwell / 5126 / Valparaiso .                                  to the Tuesday of the following week being the
                                                                period immediately preceding the closing date for
Lot 4 : 2 727 tonnes :                                          submission of tenders.
'Harina de trigo / Donación de la Comunidad econ­
ómica europea para Cathwell Chile / Destinada a la                                   Article 4
distribución gratuita
Cathwell / 5127 / Talcahuano .                              The contract shall be awarded to the tenderer offering
                                                            the best terms, taking into consideration the adjust­
To allow for the possibility of re-bagging, the             ment referred to in Article 3 (3).
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the          However, if the tenders submitted do not appear to
goods but with the printing followed by a capital           reflect normal market prices and costs, the interven­
letter ' R'.                                                tion agency may cancel the invitation to tender.
                       Article 2                                                     Article 5
1 . The decision on tenders received in response to         If the tenderer is unable to deliver the goods in
the invitation provided for in Article 1 shall be taken     compliance with Article 1 (5) on the date given in the
on 21 December 1979 .                                       notice of invitation to tender as a result of the late
                                                            availability of the vessels to be used for sea transporta­
2.    The closing date for submission of tenders shall      tion the resulting costs shall be borne by the interven­
be 21 December 1979 at 12 noon .
                                                            tion agency.
3.    The    notice of invitation to tender shall be
published in the Official Journal of the European                                    Article 6
Communities not less than nine days before the
closing date for submission of tenders.                     1 . The tenderer shall give security of a value of 12
                                                            ECU per tonne of goods.
                       Article 3                            It shall be released :
1 . The prices offered must be expressed in the             — in the case of all tenderers whose tenders are
currency of the Member State in which the invitation            unsuccessful or are not accepted,
to tender was issued .                                      — in the case of the successful tenderer, when the
                                                                operations concerned have been carried out within
2. Tenders must in particular mention the Member                the prescribed time limit and on submission of
State in which the tenderer, in the event of his being          the original export licence duly granted and
declared successful, expects to complete the customs            endorsed by the competent authorities of the
export formalities for the products concerned .                 Member State mentioned in the tender pusuant to
3 . For the purpose of rendering the tenders compar­            Article 3 (2),
able, the prices shall be corrected by the monetary         — in the case of the successful tenderer for quantities
compensatory amount applicable on the closing date              not supplied by reason of force majeure.
 ---pagebreak--- 8 . 12. 79                         Official Journal of the European Communities                         No L 312/ 15
2. The security required under paragraph 1 may be            In this case, the intervention agency choosing the
provided in the form of a cash deposit or of a               successful tenderer shall immediately inform the inter­
guarantee issued by a credit institution conforming to       vention agency of the Member State concerned and
criteria laid down by each Member State.                     shall supply it with all the information which it may
                                                             require.
                        Article 7
                                                             Furthermore, the amount of the successful tender
1.    The common wheat flour referred to in Article 1        shall be paid after it has been converted using the
must meet the following requirements :                       average of the spot rates referred to in the second
— moisture : 14 % maximum,                                   subparagraph of Article 3 (3) to the tenderer in the
                                                             currency of the Member State in which the operations
— protein content : 10.5 % minimum (N x 6.25 on              relating to the tendering are completed.
    dry matter),
— ash content : 0.62 % maximum referred to dry               4. The intervention agency shall request the
    matter.                                                  successful tenderer to supply the following informa­
                                                             tion :
Flour not meeting these requirements shall be
refused .                                                    (a) after each shipment a certificate showing the quan­
                                                                 tities dispatched and the quality of the products ;
2. Tenders for supply of the common wheat flour
referred to in Article 1 must relate to a product with       (b) the date of departure of the vessels.
the following characteristics :                              The information indicated above shall be forwarded
— moisture : 14 % maximum,                                   by the intervention agency to the Commission imme­
— protein content : 10.5 % minimum (N x 6.25 on              diately upon receipt.
    dry matter),
— ash content : 0.62 % maximum referred to dry
                                                             5. When the intervention agency responsible for
    matter.
                                                             the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
                                                             shall send as soon as possible to the latter the informa­
                        Article 8
                                                             tion necessary for releasing the security.
1 . The French intervention agency shall be respon­
sible for operations relating to the invitation to tender                             Article 9
provided for by this Regulation .
                                                             On delivery of the goods at the port of shipment, a
2.    It shall forthwith communicate to the Commis­
                                                             handing-over certificate shall be supplied to the
sion the list of firms which have responded to the invi­     successful tenderer, acting as agent for the Commu­
tation to tender, specifying the terms of each tender,       nity, by the agent of the recipient country, or, in the
together with the name and business name of the              absence of the latter, by the intervention agency of the
successful tenderer.
                                                             Member State in whose territory the port of shipment
                                                             is situated .
3. Where the customs export formalities for the
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, 7 December 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President