CELEX: 31978R0155
Language: en
Date: 1978-01-27 00:00:00
Title: Commission Regulation (EEC) No 155/78 of 27 January 1978 opening an invitation to tender for the mobilization of common wheat flour as aid for the Arab Republic of Syria

No L 23/24                               Official Journal of the European Communities                             28 . 1 . 78
                                     COMMISSION REGULATION (EEC) No 155 /78
                                                        of 27 January 1978
                opening an invitation to tender for the mobilization of common wheat flour as
                                               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
 Having regard to the Treaty establishing the European               tion to tender for supplies to the Arab Republic of
 Economic Community,                                                 Syria will be fulfilled ;
 Having regard to Council Regulation (EEC) No                       Whereas the Italian intervention agency should be
 2727/75 of 29 October 1975 on the common organiza­                  made responsible for the tendering procedure ;
 tion of the market in cereals ( !), as last amended by
 Regulation (EEC) No 2560/77(2),                                    Whereas the Commission must be informed quickly
                                                                    of the tenders submitted in response to the invitation
                                                                    and of those accepted by the intervention agency ;
 Having regard to Council Regulation (EEC) No
 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
                                                                    tions laid down in Article 3 (2) of Council Regulation
 Whereas on 8 February 1977 the Council of the Euro­                 No 129 on the value of the unit of account and the
 pean Communities declared that it proposed, by way                 exchange rates to be applied for the purposes of the
 of Community action, to grant the equivalent of 5 000              common agricultural policy (4), as last amended by
 tonnes of common wheat (in other words, 3 311                      Regulation (EEC) No 2543/73 (5), and in particular
 tonnes of common wheat flour) to the Arab Republic                 Article 3 thereof ;
 of Syria under its 1976/77 food-aid programme ;
                                                                    Whereas the measures provided for in this Regulation
 Whereas pursuant to Article 3 (3) of Council Regula­               are in accordance with the opinion of the Manage­
 tion (EEC) No 2750/75 the goods may be purchased                   ment Committee for Cereals,
 anywhere on the Community market ;
 Whereas tenders should be invited for the supply of
 the product to the port of shipment in the vicinity of              HAS ADOPTED THIS REGULATION :
 the vessel, the goods to be set down at the place nomi­
 nated by the recipient or its agent ;
                                                                                              Article 1
 Whereas tenders may be submitted by tenderers esta­
 blished in any Member State of the Community and                    1 . An invitation to tender shall be issued in respect
 may relate to products mobilized anywhere within                   of the supply of 3 311 tonnes of common wheat flour
 those Member States ; whereas, in view of the currency             to the Arab Republic of Syria by way of Community
 situation in the Member States and in order to ensure              food-aid action .
 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 product shall be loaded for
                                                                    departure from any Mediterranean Community port.
Whereas      the  contract should be awarded            to the
tenderer offering the best terms ;                                  3 . The product referred to in paragraph 1 is to be
                                                                    delivered in new cotton sacks of a net capacity of 50
Whereas in case it should be impossible for reasons of              kilograms to the port of shipment in the vicinity of
force majeure to complete the operation in question                 the vessel . The goods must be set down at the place
within the set time limits, it must be made clear who               nominated by the recipient country or its agent, the
is to bear any costs resulting therefrom ;                          timing of delivery being settled by the tenderer and
                                                                    the recipient country's agent.
( 1 ) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 303, 28 . 11 . 1977, 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--- 28 . 1 . 78                         Official Journal of the European Communities                            No L 23/25
Minimum weight of the sacks shall be 180 grams.                    during a period from the Wednesday of one week
4. The following shall be printed on the sacks :                   to the Tuesday of the following week being the
                                                                   period immediately preceding the closing date for
'Wheat flour / Gift of the European Economic                       submission of tenders .
Community to Syria.'
                                                                                        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 decision on tenders received in response to
the invitation provided for in Article 1 shall be taken                                 Article 5
on 10 February 1978 .
                                                               If the tenderer is unable to deliver the goods in
2.     The closing date for submission of tenders shall
                                                               compliance with Article 1 (3) on the date given in the
be 10 February 1978 at noon .                                  notice of invitation to tender as a result of the late
3.     The   notice of   invitation  to  tender  shall be      availability of the vessels to be used for sea transporta­
 published in the Official Journal of the European             tion, the resulting costs shall be borne by the interven­
 Communities not less than nine days before the                tion agency.
closing date for submission of tenders.
                                                                                        Article 6
                         Article 3
                                                               1 . The tenderer shall give security of a value of 10
 1 . The prices offered must be expressed in the               units of account per tonne of goods.
 currency of the Member State in which the invitation          It shall be released :
 to tender was issued.
                                                               — in the case of all tenderers whose tenders are
 2. Tenders must in particular mention the Member                  unsuccessful or are not accepted,
 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, when the
 export formalities for the products concerned.                    operations concerned have been carried out within
                                                                   the prescribed time limit and on submission of
 3. For the purpose of rendering the tenders compar­               the original export licence duly granted and
 able, the prices shall, where appropriate, be corrected           endorsed by the competent authorities of the
 by the monetary compensatory amount and the acces­                Member State mentioned in the tender pursuant
 sion compensatory amount applicable on the closing                to Article 3 (2),
 date for submission of tenders to exports from the            — in the case of the successful tenderer for quantities
 Member State mentioned in the tender pursuant to                   not supplied by reason of force majeure.
 paragraph 2.
                                                               2. The security required under paragraph 1 may be
 Such correction shall be made by :                            provided in the form of a cash deposit or of a
— increasing prices which mention a Member State               guarantee issued by a credit institution conforming to
     whose currency has depreciated or a new Member            criteria laid down by each Member State.
     State,
 — reducing prices which mention a Member State                                         Article 7
     whose currency has been revalued.
                                                                1.    The common wheat flour referred to in Article 1
 The monetary compensatory amount shall, where                 to be supplied to the Arab Republic of Syria must
 appropriate, be converted into the currency of the            meet the following requirements :
 Member State in which the invitation to tender is
                                                               — moisture : 14 % maximum,
 issued using :
                                                               — protein content : 10-5 % minimum (N x 6-25 on
— in the case when the currencies concerned are
                                                                    dry matter),
     kept at any given moment within a band of
     2-25 % a conversion rate resulting from their             — ash content : 0-52 % maximum referred to dry
                                                                    matter.
     central rate,
 — in the other cases, the average of the spot rates of        If the goods referred to in Article 1 do not meet the
     the currencies concerned recorded in the Member           foregoing requirements they shall be rejected and the
     State in which the invitation to tender is issued         successful tenderer shall be owner thereof.
 ---pagebreak--- No L 23 /26                        Official Journal of the European Communities                               28 . 1 . 78
2.     Tenders for supply to the Arab Republic of Syria       average of the spot rates referred to in the second
of the common wheat flour referred to in Article 1            subparagraph of Article 3 (3) to the tenderer in the
must relate to a product with the following characteris­      currency of the Member State in which the operations
tics :                                                        relating to the tendering are completed.
— moisture : 14 % maximum,                                    4. The intervention agency shall request the
— protein content : 10-5 % minimum (N x 6-25 on               successful tenderer to supply the following informa­
     dry matter),                                             tion :
— ash content : 0-52 % maximum referred to dry                (a) after each shipment a certificate showing the quan­
     matter .
                                                                  tities dispatched and the quality of the products ;
                         Article 8
                                                              (b) the date of departure of the vessels.
                                                              The information indicated above shall be forwarded
1 . The Italian intervention agency shall be respon­          by the intervention agency to the Commission imme­
sible for the operations relating to the invitation to        diately upon receipt.
tender provided for by this Regulation .
2.     It shall forthwith communicate to the Commis­          5. When the intervention agency responsible for
sion the list of firms which have responded to the invi­      the operations relating to tendering is not the interven­
tation to tender, specifying the terms of each tender,        tion agency which appoints the successful tenderer, it
together with the name and business name of the               shall send as soon as possible to the latter the informa­
successful tenderer.                                          tion necessary for releasing the security.
3 . Where the customs export formalities for the                                       Article 9
mobilized product are competed 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 tenderer, acting as agent for the Commu­
tendering, including payment to the successful                nity, by the agent of the recipient country, or in the
tenderer.                                                     absence of the latter by the intervention agency of the
                                                              Member State in whose territory the port of shipment
In this case, the intervention agency choosing the            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 10
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, 27 January 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President