CELEX: 31978R2390
Language: en
Date: 1978-10-13 00:00:00
Title: Commission Regulation (EEC) No 2390/78 of 13 October 1978 opening an invitation to tender for the mobilization of common wheat flour and maize meal as food aid for Jamaica

14 . 10 . 78                           Official Journal of the European Communities                        No L 288 / 19
                                  COMMISSION REGULATION (EEC) No 2390/78
                                                      of 13 October 1978
                 opening an invitation to tender for the mobilization of common wheat flour
                                         and maize meal as food aid for Jamaica
THE COMMISSION OF THE EUROPEAN                                    Whereas provision should be made for security to be
 COMMUNITIES,                                                     given to guarantee fulfilment of obligation arising by
                                                                  virtue of participation in the invitation to tender ;
 Having regard to the Treaty establishing the European
 Economic Community,                                              Whereas the Belgian 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 ( J), as last amended by           Whereas it is important that the Commission be
 Regulation (EEC) No 1254/78 (2),                                 informed without delay of the tenders submitted in
                                                                  response to the invitation and of those accepted by
 Having regard to Council Regulation (EEC) No                     the intervention agency ;
 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
Whereas on 30 January 1978 the Council of the Euro­               tions laid down in Article 3 (2) of Council Regulation
 pean Communities declared that by way of Commu­                   No 129 on the value of the unit of account and the
 nity action it proposed to grant 300 tonnes of maize             exchange rates to be applied for the purposes of the
 meal and 300 tonnes of common wheat flour to                     common agricultural policy (4), as last amended by
Jamaica under its 1977/78 food-aid programme ;                    Regulation (EEC) No 2543/73 (5), and in particular
                                                                  Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased                 Whereas the measures provided for in this Regulation
 anywhere on the Community market ;                               are in accordance with the opinion of the Manage­
                                                                  ment Committee for Cereals,
Whereas tenders should be invited for the supply of
 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 ;                             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                                         A rticle 1
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
                                                                   1 . An invitation to tender shall be issued in respect
that the tenders are as comparable as possible, account           of the supply of 300 tonnes of common wheat flour
should be taken of the effect on each tender of the
                                                                  and 300 tonnes of maize meal to Jamaica by way of
currency situation in the Member State in which the               Community food-aid action .
customs export formalities will be completed ;
Whereas       the contract should be awarded           to the
                                                                  2. The tendering procedure shall take place in the
                                                                  Kingdom of Belgium and shall be in respect of four
tenderer who makes the best offer ;                               lots .
Whereas it must be made clear who is to bear any                  3.     The goods shall be mobilized on the Commu­
costs which arise in the event that for reasons of force          nity market.
 majeure the operation in question is not completed
within the time stipulated ;
                                                                  4.     Shipment shall be from Antwerp.
(>) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(J) 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.                           (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 288 /20                       Official Journal of the European Communities                          14. 10 . 78
5. The products referred to' in paragraph 1 to be            — in the case when the currencies concerned are
delivered in new jute sacks lined with cotton sacks of            kept at any given moment within a band of
a net capacity of 50 kilograms to the port of shipment            2-25 % , a conversion rate resulting from their
in the vicinity of the vessel . The goods must be set             central rate,
down at the place nominated by the recipient country         — in the other cases, the average of the spot rates of
or its agent, the timing of delivery being settled by the         the currencies concerned recorded in the Member
tenderer and the recipient country's agent.                       State in which the invitation to tender is issued
                                                                  during a period from the Wednesday of one week
The following shall be printed on the sacks :                     to the Tuesday of the following week being the
'Wheat flour / Gift of the European Economic                      period immediately preceding the closing date for
Community for free distribution'.                                 submission of tenders.
'Maize meal / Gift of the European Economic
Community for free distribution'.                                                    Article 4
To allow for the possibility of re-bagging, the              The contract shall be awarded to the tenderer offering
successful tenderer shall supply 2 % of new empty            the best terms, taking into consideration the adjust­
sacks, of the same quality as those containing the           ment referred to in Article 3 (3).
goods but with the printing followed by a capital
letter 'R'.                                                  However, if the tenders submitted do not appear to
                                                             reflect normal market prices and costs, the interven­
                        Article 2                            tion agency may cancel the invitation to tender.
1.    The award of the contract shall take place on 27                               Article 5
October 1978 .
                                                              1 . The tenderer shall give security in an amount of
2.    The closing date for submission of tenders shall        10 units of account per tonne of goods.
be 27 October 1978 at 12 noon .
                                                             It shall be released :
3.    The   notice   of invitation  to  tender shall   be
published in the Official Journal of the European            — in the case of all tenderers whose tenders are
Communities not less than nine days before the                    unsuccessful or are not accepted,
closing date for submission of tenders.                      — in the case of the successful tenderer, when the
                                                                  operations concerned have been carried out within
                        Article 3                                 the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
1 . The prices offered must be expressed in the                   endorsed by the competent authorities of the
currency of the Member State in which the invitation              Member State mentioned in the tender pursuant
to tender was issued .                                            to Article 3 (2),
                                                             — in the case of the successful tenderer, for quanti­
2. Tenders must in particular mention the Member
                                                                  ties not supplied by reason of force majeure.
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs         2. The security required under paragraph 1 may be
export formalities for the products concerned.               provided in the form of a cash deposit or of a
3 . For the purpose of rendering the tenders compar­         guarantee issued by a credit institution conforming to
                                                             criteria laid down by each Member State.
able, the prices shall be corrected by the monetary
compensatory amount applicable on the closing date
for submission of tenders to exports from the Member                                 Article 6
State mentioned in the tender pursuant to paragraph
2.                                                           1 . The goods referred to in Article 1 which are to
                                                             be supplied to Jamaica must meet the following re­
Such correction shall be made by :                           quirements :
— increasing prices which mention a Member State             common wheat flour :
    whose currency has depreciated or a new Member           — moisture content : 15% maximum,
    State,
                                                             — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
— reducing prices which mention a Member State                    lated on the dry matter),
    whose currency has been revalued.
                                                             — ash content : 0-52 % maximum on the dry matter.
The monetary compensatory amount shall, where                maize meal :
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            — moisture content : 13% maximum ,
issued using :                                               — acidity : 0-6 % maximum .
 ---pagebreak--- 14. 10 . 78                        Official Journal of the European Communities                          No L 288 / 21
If the goods referred to in Article 1 do not meet the         4. The intervention agency shall request the
foregoing requirements they shall be rejected and the         successful tenderer to supply the following informa­
successful tenderer shall be owner thereof.                   tion :
                         Article 7
                                                              (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
1 . The Belgian intervention agency shall be respon­          (b) the date of departure of the vessels.
sible for operations relating to the invitation to tender
provided for by this Regulation .                             The information indicated above shall be forwarded
2.     It shall forthwith communicate to the Commis­
                                                              by the intervention agency to the Commission imme­
                                                              diately upon receipt.
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,        5. When the agency responsible for the operations
together with the name and business name of the               relating to tendering is not the intervention agency
successful tenderer.
                                                              which appoints the successful tenderer, it shall send as
3 . Where the customs export formalities for the              soon as possible to the latter the information neces­
mobilized product are completed in a Member State             sary 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 ten­
derer.                                                        On delivery of the goods at the port of shipment, a
                                                              handing-over certificate shall be supplied to the
In such case, the intervention agency choosing the            successful tenderer, acting as agent for the Commu­
successful tenderer shall immediately inform the inter­       nity, by the agent of the recipient country or, in the
vention agency of the Member State concerned and              absence of the latter, by the intervention agency of the
shall supply it with all the information which it may         Member State in whose territory the port of shipment
require.                                                      is situated .
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                    Article 9
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the          This Regulation shall enter into force on the day of its
currency of the Member State in which the operations          publication in the Official Journal of the European
relating to the tendering are completed.                      Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 13 October 1978 .
                                                                         For the Commission
                                                  1                       Finn GUNDELACH
                                                                             Vice-President