CELEX: 31978R1662
Language: en
Date: 1978-07-14 00:00:00
Title: Commission Regulation (EEC) No 1662/78 of 14 July 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Comoros

No L 192/42                             Official Journal of the European Communities                            15. 7. 78
                                  COMMISSION REGULATION (EEC) No 1662/78
                                                        of 14 July 1978
               opening an invitation to tender for the mobilization of common wheat flour as
                                                  food aid for the Comoros
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 will be fulfilled ;
Economic Community,
                                                                   Whereas the Italian intervention agency should be
Having regard to Council Regulation (EEC) No                       made responsible for the tendering procedure ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ( ! ), as last amended by            Whereas the Commission must be informed quickly
Regulation (EEC) No 1254/78 (2),                                   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                  Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), and         whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,                                   aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
Whereas on 30 January 1978 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 1 600              common agricultural policy (4), as last amended by
tonnes of common wheat (in other words 1 060                       Regulation (EEC) No 2543/73 (5), and in particular
tonnes of common wheat flour) to the Comoros under                 Article 3 thereof ;
its 1977/78 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 the proposed invitation to tender should be
for supply of the products to the dock or in the                   HAS ADOPTED THIS REGULATION :
lighter where applicable at the port of unloading ;
Whereas tenders may be submitted by tenderers esta­                                         Article 1
blished in any Member State of the Community and
may relate to products mobilized anywhere within                    1 . Tenders are hereby invited for the supply to the
those Member States ; whereas, in view of the currency             Comoros, by way of Community action, of 1 060
situation in the Member States and in order to ensure              tonnes of common wheat flour.
 that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
 currency situation in the Member State in which the                2. The tendering procedure shall take place in Italy
customs export formalities will be completed ;                      in two lots. The products shall be mobilized on the
                                                                    Community market. The products shall be loaded for
Whereas the award under the invitation to tender
                                                                   departure from a Community port.
 must be made in favour of the tenderer offering the
 best terms ;                                                       3 . The invitation to tender provided for in para­
                                                                   graph 1 is for supply of products to the dock, or in
                                                                    the lighter where applicable, at the ports of
Whereas, should force majeure make it impossible to                 unloading :
 complete the operation in question within the time
 limits specified, it must be made clear who is to bear             — Moroni (500 tonnes),
 the liability for any resulting costs ;
                                                                    — Mutsamudu (560 tonnes).
 (>) OJ No L 281 , 1 . 11 . 1975, p. 1 .
 (2) OJ No L 156, 14. 6 . 1978 , p. 1 .                             O 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--- 15 . 7 . 78                       Official Journal of the European Communities                       No L 192/43
4.    The    successful  tenderer  shall   deliver  the     — in the case when the currencies concerned are
products in new cotton sacks of a net capacity of 50             kept at any given moment within a band of
kilograms.                                                       2-25 % , a conversion rate resulting from their
                                                                 central rate,
The minimum weight of the sacks shall be 1 80 grams.        — in the other cases, the average of the spot rates of
                                                                 the currencies concerned recorded in the Member
The following shall be printed on the sacks :                    State in which the invitation to tender is issued
'Farine de froment / Don de la Communauté écono­                 during a period from the Wednesday of one week
mique européenne aux Comores'.                                   to the Tuesday of the following week, being the
                                                                 period immediately preceding the closing date for
To allow for the possibility of re-bagging, the                  submission of tenders.
successful tenderer shall supply 2 % of new empty
sacks of the same quality as those containing the
                                                                                     Article 4
goods but with the printing followed by a capital
letter 'R\
                                                            The contract shall be awarded to the tenderer offering
                                                             the best terms, taking into consideration the adjust­
                        Article 2                            ment referred to in Article 3 (3).
1 . The decision on tenders received in response to          However, if the tenders submitted do not appear to
the invitation provided for in Article 1 shall be taken      reflect normal market prices and costs, the interven­
on 28 July 1978 .                                            tion agency may cancel the invitation to tender.
2. The closing date for the submission of tenders                                    Article 5
shall be 28 July 1978, at 12 noon .
3.    The notice of invitation to tender shall be            1 . The tenderer shall give security in an amount of
published in the Official Journal of the European            10 units of account per tonne of goods.
Communities not less than nine days before the               It shall be' released :
closing date for the submission of tenders.
                                                            — in the case of all tenderers whose tenders are
                                                                 unsuccessful or are not accepted,
                        Article 3
                                                            — in the case of the successful tenderer, when the
1 . The prices offered must be expressed in the                  operations concerned have been carried out within
currency of the Member State in which the invitation             the prescribed time limit and on submission of
to tender was issued .                                           the original export licence duly granted and
                                                                 endorsed by the competent authorities of the
2. Tenders must in particular mention the Member                 Member State mentioned in the tender pursuant
State in which the tenderer, in the event of his being           to Article 3 (2),
declared successful, expects to complete the customs        — in the case of the successful tenderer for quantities
export formalities for the products concerned.                   not supplied by reason of force majeure.
3 . For the purpose of rendering the tenders compar­         2. The security required under paragraph 1 may be
able, the prices shall be corrected by the monetary          provided in the form of a cash deposit or of a
compensatory amount applicable on the closing date          guarantee issued by a credit institution conforming to
for submission of tenders to exports from the Member         criteria laid down by each Member State.
State mentioned in the tender to exports from the
Member State mentioned in the tender pursuant to
                                                                                     Article 6
paragraph 2.
Such correction shall be made by :                           1.    The common wheat flour referred to in Article 1
                                                             to be supplied to the Comoros must meet the
— increasing prices which mention a Member State             following requirements :
     whose currency has depreciated or a new Member
     State,                                                  — moisture : 1 2 % maximum,
— reducing prices which mention a Member State               — protein content : 1 0-5 % minimum (N x 6-25 on
     whose currency has been revalued .                          dry matter),
                                                             — ash content : 0-52 % maximum referred to dry
The monetary compensatory amount shall, where                    matter.
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            Flour not meeting these requirements shall be
issued using :                                               refused .
 ---pagebreak--- No L 192/44                        Official Journal of the European Communities                                15 . 7. 78
2.     Tenders for supply to the Comoros of the               currency of the Member State in which the operations
common wheat flour referred to in Article 1         must      relating to the tendering are completed.
relate to a product with the following characteristics :
                                                              4. The intervention agency shall ask that the
— moisture : 12% maximum,
                                                              tenderer specifies the following information :
— protein content : 10-5 % minimum (N x 6-25 on
     dry matter),                                             (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
— ash content : 0-52 % maximum referred to dry                    and their packaging ;
     matter.
                                                              (b) the date of the departure of the ships ; the
                         Article 7
                                                                  expected date of arrival of the products at their
                                                                  destination ;
1 . The Italian intervention agency shall be respon­          (c) all possible contingencies which might occur
sible for the operations relating to the invitation to            during transportation of the products.
tender provided for by this Regulation .
                                                              The intervention agency shall transmit the informa­
2.     It shall forthwith communicate to the Commis­          tion provided for to the Commission as soon as it is
sion the list of firms which have responded to the invi­      received .
tation to tender, specifying the terms of each tender,
together with the name and business name of the               5. When the intervention agency responsible for
successful tenderer.                                          the operations relating to tendering is not the interven­
                                                              tion agency which appoints the successful tenderer, it
3 . Where the customs export formalities for the              shall send as soon as possible to the latter the informa­
mobilized product are completed in a Member State             tion necessary 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                As regards this tender, the intervention agency is auth­
tenderer.                                                     orized to make an initial payment of 80 % of the
In such case, the intervention agency choosing the            value of the quantity given in the bill of lading, on
successful tenderer shall immediately inform the inter­       presentation of that document and subject to the
vention agency of the Member State concerned and              taking of a security for an amount equal to the initial
                                                              payment.
shall supply it with all the information which it may
require.
                                                                                       Article 9
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the           This Regulation shall enter into force on the day of its
average of the spot rates referred to in the second           publication in the Official Journal of the European
subparagraph of Article 3 (3) to the tenderer in the          Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 14 July 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President