CELEX: 31979R1975
Language: en
Date: 1979-09-07 00:00:00
Title: Commission Regulation (EEC) No 1975/79 of 7 September 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services

8 . 9 . 79                                 Official Journal of the European Communities                         No L 228 / 11
                                     COMMISSION REGULATION ( EEC) No 1975/79
                                                        of 7 September 1979
              opening an invitation to tender for the mobilization of common wheat flour as
                                            food aid for the Catholic Relief Services
THE COMMISSION OF THE EUROPEAN                                        Whereas     the contract  should   be  awarded   to  the
COMMUNITIES,                                                          tenderer offering the best terms ;
Having regard to the Treaty establishing the European                 Whereas in case it should be impossible for reasons of
Economic Community,
                                                                     force majeure to complete the operation in question
                                                                      within the set time limits, it must be made clear who
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                    is to bear any costs resulting therefrom ;
tion of the market in cereals ('), as last amended by
Regulation ( EEC) No 1 547/79 ^),                                     Whereas provision should be made for security to be
                                                                     given to guarantee fulfilment of the obligations arising
Having regard to Council Regulation (EEC) No                          by virtue of participation in the invitation to tender ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3 ), and           Whereas the German intervention agency should be
in particular Article 6 thereof,                                      made responsible for the tendering procedure in ques­
                                                                      tion ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to
be applied for the purposes of the common agricul­                    Whereas the Commission must be informed quickly
tural policy (4), as last amended by Regulation ( EEC)                of the tenders submitted in response to the invitation
No 2543/73 (5), and in particular Article 3 thereof,                  and of those accepted by the intervention agency ;
Having regard to the opinion of the Monetary                          Whereas the measures provided for in this Regulation
Committee ,
                                                                      are in accordance with the opinion of the Manage­
                                                                      ment Committee for Cereals ,
Whereas on 8 May 1979 the Council of the European
Communities declared that it proposed, by way of
Community action , to grant the equivalent of 7 500
tonnes of common wheat ( in other words 5 639
tonnes of common wheat flour) to the Catholic Relief                  HAS ADOPTED THIS REGULATION :
Services under its 1978 /79 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                                              Article 1
anywhere on the Community market ;
Whereas tenders should be invited for the supply of                    1 . Tenders are hereby invited for the supply to the
                                                                      Catholic Relief Services, by way of Community action ,
the product to the port of shipment in the vicinity of                of 5 639 tonnes of common wheat flour.
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                      2. The tendering procedure shall take place in the
Whereas tenders may be submitted by tenderers esta­                   Federal Republic of Germany in four lots .
blished in any Member State of the Community and
may relate to products mobilized anywhere within                      3 . The product shall be mobilized on the Commu­
those Member States ; whereas, in view of the currency                nity market.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                   4.     Shipment shall be from a North Sea port.
currency situation in the Member State in which the
customs export formalities will be completed ;                        5. The product referred to in paragraph 1 is to be
                                                                      delivered to the port of shipment in the vicinity of the
(')  OJ  No L 281 , 1.11 . 1975 , p. 1 .                              vessel . The goods must be set down at the place nomi­
(2 ) OJ  No L 188 , 26 . 7 . 1979 , p. 1 .
(3 ) OJ  No L 281 , 1 . 11 . 1975 , p. 89 .                           nated by the recipient country or its agent, the timing
(4 ) OJ  No 106, 30 . 10 . 1962, p . 2553 / 62.                       of delivery being settled by the tenderer and the recip­
(5 ) OJ  No L 263 , 19 . 9 . 1973 , p. 1 .                            ient country's agent .
 ---pagebreak---  No L 228 / 12                     Official Journal of the European Communities                                8 . 9 . 79
 6. The successful tenderer shall deliver the product        compensatory amount applicable on the closing date
 specified in paragraph 1 in new jute sacks lined with       for submission of tenders to exports from the Member
cotton sacks of a net capacity of 50 kilograms.              State mentioned in the tender pursuant to paragraph
                                                             2. Such correction shall be made by :
The following shall be printed on the sacks :
                                                             — increasing prices which mention a Member State
 Lot 1 : 240 tonnes :
                                                                 whose currency has depreciated,
' Harina de trigo / Donación de la Comunidad eco­            — reducing prices which mention a Member State
 nómica europea para Cathwell Chile / Destinada a la             whose currency has been revalued .
distribución gratuita
                                                             The monetary compensatory amount shall , where
 Cathwell / 5110 / Antofagasta '                             appropriate, be converted into the currency of the
 Lot 2 : 278 tonnes :                                        Member State in which the invitation to tender is
                                                             issued using :
' Harina de trigo / Donación de la Comunidad eco­
 nómica europea para Cathwell Chile / Destinada a la         — in the case when the currencies concerned are
distribución gratuita                                            kept at any given moment within a band of
Cathwell / 5111 / Coquimbo'                                      2 25 % , a conversion rate resulting from their
                                                                 central rate ,
 Lot 3 : 2 966 tonnes :
                                                             — in the other cases, the average of the spot rates of
' Harina de trigo / Donación de la Comunidad eco­                the currencies concerned recorded in the Member
nómica europea para Cathwell Chile / Destinada a la              State in which the invitation to tender is issued
distribución gratuita \                                          during a period from the Wednesday of one week
Cathwell / 5112 / Valparaiso                                     to the Tuesday of the following week being the
                                                                 period immediately preceding the closing date for
 Lot 4 : 2155 tonnes :                                           submission of tenders .
' Harina de trigo / Donación de la Comunidad eco­
nómica europea para Cathwell Chile / Destinada a la                                   Article 4
distribución gratuita
Cathwell / 5113 / Talcahuano .                               The contract shall be awarded to the tenderer offering
                                                             the best terms, taking into consideration the adjust­
To allow for the possibility of re-bagging, the              ment referred to in Article 3 (3).
successful tenderer shall supply 2 % of new empty
                                                             However, if the tenders submitted do not appear to
sacks, of the same quality as those containing the
                                                             reflect normal market prices and costs, the interven­
goods but with the printing followed by a capital
letter ' R '.                                                tion agency may cancel the invitation to tender.
                                                                                      Article 5
                        Article 2
                                                             If the tenderer is unable to deliver the goods in
 1.    The decision on tenders received in response to       compliance with Article 1 ( 5) on the date given in the
the invitation provided for in Article 1 shall be taken      notice of invitation to tender as a result of the late
on 17 September 1979 .                                       availability of the vessels to be used for sea transporta­
2.     The closing date for submission of tenders shall      tion the resulting costs shall be borne by the interven­
be 17 September 1979 at 12 noon .                            tion agency .
3.     The    notice of invitation to   tender  shall be                              Article 6
published in the Offit id I Journal of the European
Communities not less than nine days before the                1.   The tenderer shall give security of a value of 12
closing date for submission of tenders .                     ECU per tonne of goods.
                                                             It shall be released :
                        Article J
                                                             — in the case of all tenderers whose tenders are
 1.    The prices offered must be expressed in the               unsuccessful or are not accepted .
currency of the Member State in which the invitation         — in the case of the successful tenderer, when the
to tender was issued .
                                                                 operations concerned have been carried out within
                                                                 the prescribed time limit and on submission of
2.     Tenders must in particular mention the Member
                                                                 the original export licence duly granted and
State in which the tenderer, in the event of his being
                                                                 endorsed by the competent authorities of the
declared seccessful , expects to complete the customs
                                                                 Member State mentioned in the tender pursuant
export formalities for the products concerned .
                                                                 to Article 3 (2),
3.     For the purpose of rendering the tenders compar­      — in the case of the successful tenderer for quantities
able , the prices shall be corrected by the monetary             not supplied by reason of force majeure.
 ---pagebreak--- 8 . 9 . 79                          Official Journal of the European Communities                          No L 228 / 13
2.      The security required under paragraph 1 may be         In this case, the intervention agency choosing the
provided in the form of a cash deposit or of a                 successful tenderer shall immediately inform the inter­
guarantee issued by a credit institution conforming to         vention agency of the Member State concerned and
criteria laid down by each Member State .                      shall supply it with all the information which it may
                                                               require .
                          Article 7
                                                               Furthermore , the amount of the successful tender
1.      The common wheat flour referred to in Article 1        shall be paid after it has been converted using the
must meet the following requirements :                         average of the spot rates referred to in the second
— moisture : 12% maximum ,                                     subparagraph of Article 3 (3) to the tenderer in the
                                                               currency of the Member State in which the operations
— protein content : 10-5 % minimum (N x 6-25 on                relating to the tendering are completed .
     dry matter),
— ash content : 0 62 % maximum referred to dry                 4. The intervention agency shall request the
     matter .                                                  successful tenderer to supply the following informa­
                                                               tion :
Flour not meeting these requirements shall be
refused .                                                      (a) after each shipment a certificate showing the quan­
                                                                    tities dispatched and the quality of the products ;
2. Tenders for supply of the common wheat flour
referred to in Article 1 must relate to a product with         (b) the date of departure of the vessels .
the following characteristics :                                The information indicated above shall be forwarded
— moisture : 12% maximum ,                                      by the intervention agency to the Commission imme­
— protein content : 10-5 % minimum (N x 6-25 on                 diately upon receipt .
     dry matter),
                                                                5 . When the intervention agency responsible for
— ash content : 0-62 % maximum referred to dry                  the operations relating to tendering is not the interven­
      matter .
                                                                tion agency which appoints the successful tenderer, it
                                                                shall send as soon as possible to the latter the infor­
                          Article 8                             mation necessary for releasing the security.
 1 . The German intervention agency shall be respon­
sible for operations relating to the invitation to tender                                Article 9
provided for by this Regulation .
                                                                On delivery of the goods at the port of shipment, a
2.      It shall forthwith communicate to the Commis­
                                                                handing-over certificate shall be supplied to the
sion the list of firms which have responded to the invi­        successful tenderer, acting as agent for the Commu­
tation to tender, specifying the terms of each tender,          nity, by the agent of the recipient country, or, in the
together with the name and business name of the                 absence of the latter, by the intervention agency of the
successful tenderer.
                                                                Member State in whose territory the port of shipment
                                                                is situated .
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                                   Article 10
 issued , the intervention agency of the latter Member
 State shall be responsible for the operations following        This Regulation shall enter into force on the day of its
 tendering, including payment to the successful                 publication in the Official Journal of the European
 tenderer.                                                       Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 7 September 1979 .
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                               Vice-President