CELEX: 31979R2699
Language: en
Date: 1979-11-30 00:00:00
Title: Commission Regulation (EEC) No 2699/79 of 30 November 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the democratic Republic of Madagascar

1 . 12, 79                               Official Journal of the' European Communities                        No L 305/67
                                   COMMISSION REGULATION (EEC) No 2699/79
                                                      of 30 November 1979
              opening an invitation to tender for the mobilization of common wheat flour as
                                food aid for the Democratic Republic of Madagascar
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 tp 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 ('), as last amended by               Whereas it must be made clear who is to bear any
Regulation (EEC) No 1 547/79 (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
in particular Article 6 thereof,                                    Whereas provision should be made for security to be
                                                                    given to guarantee fulfilment of obligations arising by
                                                                    virtue of participation in the invitation to tender for
leaving regard to Council Regulation No 129 on the                  the supply of goods to the Democratic Republic of
value of the unit of account and the exchange rates to              Madagascar ;
be applied for the purposes of the common agriculr
tural policy (4), as last amended by Regulation (EEC)
No 2543/73 (5), and in particular Article 3 thereof,                Whereas the French intervention agency should be
                                                                     made responsible for the tendering procedure in ques­
                                                                    tion ;
Having regard to the opinion of the Monetary
Committee,
                                                                    Whereas it is important that the Commission be
Whereas on 8 May 1 979 the Council of the European                   informed without delay of the tenders submitted in
Communities declared that by way of Community                        response to the invitation and of those accepted by
action it proposed to grant to the Democratic Repub­                the intervention agency ;
lic of Madagascar the equivalent of 5 000 tonnes of
common wheat, in the form of flour, i.e. 3 311 tonnes               Whereas the measures provided for in this Regulation
of wheat flour, under its 1978 /79 food-aid                         are in accordance with the opinion of the Manage­
programme ;                                                          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 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                                     Article 1
nated by the recipient or its agent ;
Whereas tenders may be submitted by tenderers esta­                  1 . Tenders are hereby invited for the supply to the
blished in any Member State of the Community and                     Democratic Republic of Madagascar, by way of
may relate to products mobilized anywhere within                     Community action, of 3 31 1 tonnes of common wheat
                                                                     flour.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
                                                                     2. The tendering procedure shall take place in
(') OJ  No L 281 , 1 . 11 . 1975, p. 1 .                             France in one lot. The product shall be mobilized on
(*) OJ  No L 188, 26. 7. 1979, p. 1 .
(J) OJ  No L 281 , 1 . 11 . 1975, p. 89 .                            the Community market. The product shall be loaded
(«) OJ  No  106, 30. 10. 1962, p. 2553/62.                           for departure from any Community port which has
(s) OJ  No L 263, 19. 9. 1973, p. 1 .                                regular services to Madagascar.
 ---pagebreak--- No L 305/68                       Official Journal of the European Communities                             1 . 12. 79
3.     The   successful  tenderer   shall  deliver   the         2-25 % , a conversion rate resulting from their
products in new cotton sacks lined with three ply                central rate,
kraft paper, having a net capacity of 50 kilograms, to           in the other cases, the average of the spot rates of
the port of shipment in the vicinity of the vessel. The          the currencies concerned recorded in the Member
goods must be set down at the place nominated by                 State in which the invitation to tender is issued
the recipient country or its agent, the timing of                during a period from the Wednesday of one week
delivery being settled by the tenderer and the recip­            to the Tuesday of the following week being the
ient country's agent.                                            period immediately preceding the closing date for
                                                                 submission of tenders.
The following shall be printed on the sacks :
' Farine de froment / Don de la Communauté écono­
mique européenne à Madagascar.'                                                      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 14                              Article 5
December 1979 .
2.     The closing date for submission of tenders shall      1 . The tenderer shall give security in an amount of
be 14 December 1979 at 12 noon .                             12 ECU per tonne of goods.
3.     The  notice of invitation   to tender shall be       It shall be released :
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),
2. Tenders must in particular mention the Member            — in the case of the successful tenderer, for quanti­
State in which the tenderer, in the event of his being           ties not supplied by reason of force majeure.
declared successful, expects to complete the customs
export formalities for the products concerned.              2. The security required under paragraph 1 may be
                                                            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
able, the prices shall be corrected by the monetary         criteria laid down by each Member State.
compensatory amount applicable on the closing date
for submission of tenders to exports from the Member
State mentioned in the tender pursuant to paragraph                                  Article 6
2. Such correction shall be made by :
                                                             1.    The common wheat floUr referred to in Article 1
— increasing prices which mention a Member State            to be supplied to the Democratic Republic of
     whose currency has depreciated,                        Madagascar must meet the following requirements :
— reducing prices which mention a Member State
     whose currency has been revalued .                     — moisture : 1 2 % maximum,
                                                            — protein content : 1 0*5 % minimum (N x 6-25 on
The monetary compensatory amount shall, where                    dry matter),
appropriate, be converted into the currency of the
Member State in which the invitation to tender is           — ash content : 0-52 % maximum referred to dry
                                                                 matter.
issued using :
— in the case when the currencies concerned are             Flour not meeting these requirements shall be
     kept at any given moment within a band of              refused .
 ---pagebreak--- 1 . 12. 79                         Official Journal of the European Communities                         No L 305/ 69
2. Tenders for supply to the Democratic Republic             average of the spot rates referred to in the second
of Madagascar of the common wheat flour referred to          subparagraph of Article 3 (3) to the tenderer in the
in Article 1 must relate to a product with the               currency of the Member State in which the operations
following characteristics :                                   relating to the tendering are completed.
— moisture : 1 2 % 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 7
                                                             (b.) the date of departure of the vessels.
                                                             The information indicated above shall be forwarded
1 . The French intervention agency shall be respon­           by the intervention agency to the Commission imme­
sible for operations relating to the invitations to           diately upon receipt.
tender provided for by this Regulation .
2.     It shall forthwith communicate to the Commis­          5. When the agency responsible for the operations
sion the list of firms which have responded to the invi­      relating to tendering is not the intervention agency
tation to tender, specifying the terms of each tender,        which appoints the successful tenderer, it shall send as
together with the name and business name of the               soon as possible to the latter the information neces­
successful tenderer.                                          sary for releasing the security.
3. Where the customs export formalities for the                                        Article 8
mobilized product are completed 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 ten­           nity, by the agent of the recipient country or, in the
derer.                          ^                             absence of the latter, by the intervention agency of the
                                                              Member State in whose territory the port of shipment
In such 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 9
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, 30 November 1979 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President