CELEX: 31978R0764
Language: en
Date: 1978-04-14 00:00:00
Title: Commission Regulation (EEC) No 764/78 of 14 April 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Hashemite Kingdom of Jordan

No L 103/ 14                           Official Journal of the European Communities                            15 . 4. 78
                                   COMMISSION REGULATION (EEC) No 764/78
                                                      of 14 April 1978
              opening an invitation to tender for the mobilization of common wheat flour as
                                   food aid for the Hashemite Kingdom of Jordan
THE COMMISSION OF THE EUROPEAN                                   Whereas provision should be made for security to be
COMMUNITIES,                                                     given to guarantee fulfilment of obligations arising by
                                                                 virtue of participation in the invitation to tender for
Having regard to the Treaty establishing the European             the supply of goods to the Hashemite Kingdom of
Economic Community,                                              Jordan ;
Having regard to Council Regulation (EEC) No                      Whereas the Belgian intervention agency should be
2727/75 of 29 October 1975 on the common organiza­                made responsible for organizing the invitation to
tion of the market in cereals ( 1), as last amended by            tender ;
Regulation (EEC) No 2560/77 (2),
                                                                  Whereas it is important that the Commission be
Having regard to Council Regulation (EEC) No                      informed without delay of the tenders submitted in
2750/75 of 29 October 1975 laying down the condi­                 response to the invitation and of those accepted by
tions for the mobilization of cereals as food aid (3), and        the intervention agency ;
in particular Article 6 thereof,
                                                                  Whereas the Monetary Committee will be consulted ;
Whereas on 30 January 1978 the Council of the Euro­               whereas, in view of the urgency, the measures envis­
pean Communities declared that by way of Commu­                   aged should be adopted in accordance with the condi­
nity action it proposed to grant the Hashemite                    tions laid down in Article 3 (2) of Council Regulation
Kingdom of Jordan the equivalent of 17 000 tonnes                 No 129 on the value of the unit of account and the
of common wheat, in the form of flour, i.e. 11 258                exchange rates to be applied for the purposes of the
tonnes of common wheat flour, under its 1977/78                   common agricultural policy (4), as last amended by
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                                            Article 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 11 258 tonnes of common wheat
should be taken of the effect on each tender of the
                                                                   flour to the Hashemite Kingdom of Jordan 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 a
 tenderer who makes the best offer ;
                                                                   single lot.
Whereas it must be made clear who is to bear any
 costs which arise in the event that for reasons of force          3 . The goods shall be mobilized on the Commu­
 majeure the operation in question is not completed                nity market.
 within the time stipulated ;
                                                                   4.    Shipment shall be from a Community port.
(') 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.
 (}) OJ No L 281 , 1 . 11 . 1975, p. 89.                           (5) OJ No L 263, 19 . 9. 1973, p. 1 .
 ---pagebreak--- 15 . 4 . 78                        Official Journal of the European Communities                       No L 103/ 15
5 . The product referred to in paragraph 1 is to be          Member State in which the invitation to tender is
delivered in new jute sacks of a net capacity of 50 kilo­    issued using :
grams to the port of shipment in the vicinity of the
                                                             — in the case when the currencies concerned are
vessel . The goods must be set down at the place nomi­
nated by the recipient country or its agent, the timing           kept at any given moment within a band of
of delivery being settled by the tenderer and the recip­          2*25 % , a conversion rate resulting from their
ient country's agent.                                             central rate,
                                                             — in the other cases, the average of the spot rates of
Minimum weight of sacks : 600 grams.                              the currencies concerned recorded in the Member
                                                                  State in which the invitation to tender is issued
The following shall be printed on the sacks :                     during a period from the Wednesday of one week
                                                                  to the Tuesday of the following week being the
'Wheat flour / Gift of the European Economic
Community to Jordan / For free distribution '.                    period immediately preceding the closing date for
                                                                  submission of tenders.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                                    Article 4
sacks, of the same quality as those containing the
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
                                                              ment referred to in Article 3 (3).
                        Article 2
                                                              However, if the tenders submitted do not appear to
 1 . The award of the contract shall take place on 28        reflect normal market prices and costs, the interven­
April 1978 .                                                 tion agency may cancel the invitation to tender.
2. The closing date for submission of tenders shall
be 28 April 1978 at 12 noon.                                                         Article 5
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
closing date for submission of tenders.                       It shall be released :
                                                             — in the case of all tenderers whose tenders are
                        Article 3                                 unsuccessful or are not accepted,
1 . The prices offered must be expressed in . the            — in the case of the successful tenderer, when the
currency of the Member State in which the invitation              operations concerned have been carried out within
to tender was issued .                                            the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
2. Tenders must in particular mention the Member                  endorsed by the competent authorities of the
State in which the tenderer, in the event of his being            Member State mentioned in the tender pursuant
declared successful , expects to complete the customs             to Article 3 (2),
export formalities for the products concerned.               — in the case of the successful tenderer, for quanti­
                                                                  ties not supplied by reason of force majeure.
3 . For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected       2. The security required under paragraph 1 may be
by the monetary compensatory amount and the acces­            provided in the form of a cash deposit or of a
sion compensatory amount applicable on the closing           guarantee issued by a credit institution conforming to
date for submission of tenders to exports from the           criteria laid down by each Member State.
Member State mentioned in the tender pursuant to
paragraph 2.
                                                                                     Article 6
Such correction shall be made by :
— increasing prices which mention a Member State              1 . The goods referred to in Article 1 which are to
     whose currency has depreciated or a new Member          be supplied to the Hashemite Kingdom of Jordan
     State,                                                   must meet the following requirements :
— reducing prices which mention a Member State               — moisture content : 1 5 % maximum,
     whose currency has been revalued.
                                                             — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
The monetary compensatory amount shall, where                    lated on the dry matter),
appropriate, be converted into the currency of the           — ash content : 0-52 % maximum on the dry matter.
 ---pagebreak--- No L 103/ 16                       Official Journal of the European Communities                             15 . 4 . 78
If the goods referred to in Article 1 do not meet the        average of the spot rates referred to in the second
foregoing requirements they shall be rejected and the        subparagraph of Article 3 (3) to the tenderer in the
successful tenderer shall be owner thereof.                  currency of the Member State in which the operations
                                                             relating to the tendering are completed .
2. Tenders for supply to the Hashemite Kingdom
of Jordan of the goods referred to in Article 1 must         4. The intervention agency shall request the
relate to products with the following characteristics :      successful tenderer to supply the following informa­
— moisture content : 1 5 % maximum,                          tion :
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­            (a) after each shipment a certificate showing the quan­
    lated on the dry matter),                                    tities dispatched and the quality of the products ;
— ash content : 0-52 % maximum on the dry matter.            (b) the date of departure of the vessels.
                        Article 7                            The information indicated above shall be forwarded
                                                             by the intervention agency to the Commission imme­
1 . The Belgian intervention agency shall be respon­         diately upon receipt.
sible for operations relating to the invitation to tender
provided for by this Regulation .                            5. When the agency responsible for the operations
2.    It shall forthwith communicate to the Commis­          relating to tendering is not the intervention agency
sion the list of firms which have responded to the invi­     which appoints the successful tenderer, it shall send as
tation to tender, specifying the terms of each tender,       soon as possible to the latter the information neces­
together with the name and business name of the              sary for releasing the security.
successful tenderer.
                                                                                      Article 8
3. Where the customs export formalities for the
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               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 such case, the intervention agency choosing the           is situated .
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and
                                                                                      Article 9
shall supply it with all the information which it may
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, 14 April 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President