CELEX: 31979R1192
Language: en
Date: 1979-06-15 00:00:00
Title: Commission Regulation (EEC) No 1192/79 of 15 June 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for Jibuti

No L 148 /44                              Official Journal of the European Communities                            16 . 6 . 79
                                    COMMISSION REGULATION (EEC) No 1192/79
                                                          of 15 June 1979
              opening an invitation to tender for the mobilization of common wheat flour as
                                                        food aid for Jibuti
THE COMMISSION OF THE EUROPEAN                                      currency situation in the Member State in which the
COMMUNITIES,                                                        customs export formalities will be completed ;
Having regard to the Treaty establishing the European               Whereas the award under the invitation to tender
Economic Community,                                                 must be made in favour of the tenderer offering the
                                                                    best terms ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                  Whereas, should force majeure make it impossible to
tion of the market in cereals ('), as last amended by               complete the operation in question within the time
Regulation (EEC) No 1 254/78 (2),                                   limits specified, it must be made clear who is to bear
                                                                    the liability for any resulting costs ;
Having regaru to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                   Whereas provision should be made for security to be
tions for the mobilizaLion of cereals as food aid (3), and          given for the purpose of guaranteeing that the obliga­
in particular Article 6 thereof,                                    tions arising by virtue of participation in the invita­
                                                                    tion to tender for supplies to Jibuti will be fulfilled ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to              Whereas the Belgian intervention agency should be
be applied for the purposes of the common agricul­                  made responsible for the tendering procedure ;
tural policy (4), as last amended by Regulation (EEC)
No 2543/73 (5), and in particular Article 3 thereof,                Whereas the Commission must be informed quickly
                                                                    of the tenders submitted in response to the invitation
Having regard to the opinion of the Monetary                        and of those accepted by the intervention agency ;
Committee ,
                                                                    Whereas Council Regulation (EEC) No 652/79 of 29
Whereas on 8 May 1979 the Council of the European                   March 1 979 (6) laid down the coefficient for
Communities declared that it proposed, by way of                    expressing amounts, fixed in units of account, in
Community action, to grant the equivalent of 751                     ECU ;
tonnes of common wheat (in other words 497 tonnes
of common wheat flour) to Jibuti under its 1977/78                  Whereas the measures provided for in this Regulation
food-aid programme ;                                                are in accordance with the opinion of the Manage­
                                                                    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 the proposed invitation to tender should be
for supply of the products delivered to Jibuti, that is
at the moment when the goods are actually placed on                                         Article 1
the dock or in the lighter where applicable ;
                                                                     1 . Tenders are hereby invited for the supply to
Whereas tenders may be submitted by tenderers esta­                 Jibuti, by way of Community action, of 497 tonnes of
blished in any Member State of the Community and                    common wheat flour.
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency              2.    The tendering procedure shall take place in
situation in the Member States and in order to ensure                Belgium in one lot.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                 3.    The products shall be mobilized on the Commu­
                                                                    nity market.
(') OJ No  L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No  L 156, 14. 6 . 1978 , p. 1 .
(3) OJ No  L 281 , 1 . 11 . 1975, p. 89 .                           4.    Shipment shall be from a Community port.
(4) OJ No  106, 30 . 10 . 1962, p . 2553 / 62.
(5) OJ No  L 263 , 19 . 9 . 1973 , p. 1 .                           (6) OJ No L 84, 4. 4. 1979, p. 1 .
 ---pagebreak---  16 . 6 . 79                         Official Journal of the European Communities                       No L 148 /45
5. The invitation to tender provided for in para­              — reducing prices which mention a Member State
graph 1 is for supply of products delivered to Jibuti,              whose currency has been revalued.
that is at the moment when the goods are actually
placed on the dock or in the lighter where applicable .
                                                               The monetary compensatory amount shall, where
                                                               appropriate, be converted into the currency of the
6. The successful tenderer shall deliver the product           Member State in which the invitation to tender is
specified in paragraph 1 in new jute sacks lined with          issued using :
cotton sacks of a net capacity of 50 kilograms.
                                                               — in the case when the currencies concerned are
The following shall be printed on the sacks :                       kept at any given moment within a band of
                                                                    2-25 % , a conversion rate resulting from their
' Farine de froment / Don de la Communauté écono­                   central rate,
mique européenne à la république de Djibouti '.                — in the other cases, the average of the spot rates of
                                                                    the currencies concerned recorded in the Member
To allow for the possibility of re-bagging, the                     State in which the invitation to tender is issued
successful tenderer shall supply 2 % of new empty                   during a period from the Wednesday of one week
sacks, of the same quality as those containing the                  to the Tuesday of the following week being the
goods but with the printing followed by a capital                   period immediately preceding the closing date for
letter ' R '.                                                       submission of tenders .
                          Article 2                                                    Article 4
 1 . T^e decision on tenders received in xesponsc              The contract shall be awarded to the tenderer offering
the invitaflbr, " provided for in Afffcle f shall be taken     the best terms, taking into consideration the adjust­
on 28 June 1979 .                                              ment referred to in Article 3 (3).
2. The closing date for the submission of tenders
                                                                However, if the tenders submitted do not appear to
shall be 28 June 1979 at 12 noon .
                                                               reflect normal market prices and costs, the interven­
                                                               tion agency may cancel the invitation to tender.
3.     The    notice  of  invitation  to  tender  shall be
published in the Official Journal of the European
Communities not less than nine days before the
closing date for the submission of tenders .                                           Article 5
                                                                1 . The tenderer shall give security in an amount of
                          Article 3                             12 ECU per tonne of goods.
 1 . The prices offered must be expressed in the                It shall be released :
currency of the Member State in which the invitation
to tender was issued .                                         — in the case of all tenderers whose tenders are
                                                                    unsuccessful or are not accepted,
2. Tenders must in particular mention the Member               — in the case of the successful tenderer, when the
State in which the tenderer, in the event of his being              operations concerned have been carried out within
declared successful , expects to complete the customs               the prescribed time limit and on submission of
export formalities for the products concerned.                      the original export licence duly granted and
                                                                    endorsed by the competent authorities of the
3.      For the purpose of rendering the tenders compar­            Member State mentioned in the tender purusant
able, the prices shall, where appropriate, be corrected             to Article 3 (2),
by the monetary compensatory amount applicable on              — in the case of the successful tenderer for quantities
the closing date for submission of tenders to exports               not supplied by reason of force majeure.
from      the Member State     mentioned    in  the tender
pursuant to paragraph 2. Such correction shall be
made by :                                                      2. The security required under paragraph 1 may be
                                                               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,                           criteria laid down by each Member State.
 ---pagebreak---  No L 148 /46                      Official Journal of the European Communities                               16. 6. 79
                         Article 6                            vention agency of the Member State concerned and
 1.    The common wheat flour referred to in Article 1
                                                              shall supply it with all the information which it may
                                                              require.
to be supplied to Jibuti must meet the following re­
quirements :                                                  Furthermore, the amount of the successful tender
— moisture : 1 2 % maximum,                                   shall be paid after it has been converted using the
                                                              average of the spot rates referred to in the second
— protein content : 10.5 % minimum (N x 6-25 on               subparagraph of Article 3 (3) to the tenderer in the
     dry matter),                                             currency of the Member State in which the operations
— ash content : 0.52 % maximum referred to dry                relating to the tendering are completed.
     matter.
                                                              4. The intervention agency shall ask that the
Flour not meeting these requirements shall be                 tenderer specifies the following information :
refused .
                                                              (a) after each shipment, a statement giving details of
2.     Tenders for supply to Jibuti of the common                 the quantities loaded, the quality of the products
wheat flour referred to in Article 1 must relate to a             and their packaging ;
product with the following characteristics :                  (b) the date of the departure of the ships and the
— moisture : 1 2 % maximum,                                       expected date of arrival of the products at their
                                                                  destination ;
— protein content : 10.5 % minimum (N x 6.25 on
    dry matter),
                                                              (c) all possible contingencies which might occur
                                                                  during transportation of the products.
— ash content : 0.52 % maximum referred to dry
    matter.                                                   The intervention agency shall transmit the informa­
                                                              tion provided for to the Commission as soon as it is
                         Article 7                            received .
1 . The Belgian intervention agency shall be respon­          5. When the intervention agency responsible for
sible for the operations relating to the invitation to        the operations relating to tendering is not the interven­
tender provided for by this Regulation.                       tion agency which appoints the successful tenderer, it
                                                              shall send as soon as possible to the latter the informa­
2.     It shall forthwith communicate to the Commis­          tion necessary for releasing the security.
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,                                 Article 8
together with the name and business name of the
successful tenderer.                                          As regards this tender, the intervention agency is auth­
                                                              orized to make an initial payment of 80 % of the
3. Where the customs export formalities for the               value of the quantity given in the bill of lading, on
mobilized product are completed in a Member State             presentation of that document and subject to the
other than that in which the invitation to tender is          taking of a security for an amount equal to the initial
issued, the intervention agency of the latter Member          payment .
State shall be responsible for the operations following
tendering, including payment to the successful ten­                                    Article 9
derer.
                                                              This Regulation shall enter into force on the day of its
In such case, the intervention agency choosing the            publication in the Official Journal of the European
successful tenderer shall immediately inform the inter­       Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 15 June 1979.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President