CELEX: 31979R1090
Language: en
Date: 1979-06-01 00:00:00
Title: Commission Regulation (EEC) No 1090/79 of 1 June 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

2 . 6 . 79                                  Official Journal of the European Communities                            No L 136 / 5
                                        COMMISSION REGULATION ( EEC) No 1090/79
                                                             of 1 June 1979
               opening an invitation to tender for the mobilization of common wheat flour as
                                               food aid for the World Food Programme
THE COMMISSION OF THE EUROPEAN                                        Whereas      the contract    should    be awarded to the
COMMUNITIES,                                                           tenderer who makes the best offer ;
Having regard to the Treaty establishing the European                 Whereas it must be made clear who is to bear any
Economic Community,                                                   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 ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as last amended by
Regulation ( EEC) No 1 254/ 78 (-'),                                   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                 Whereas it is important that the Commission be
be applied for the purposes of the common agricul­                     informed without delay of the tenders submitted in
tural policy (4), as last amended by Regulation ( EEC)                 response to the invitation and of those accepted by
No 2543/73 (5), and in particular Article 3 thereof,                   the intervention agency ;
Having regard to the opinion of the Monetary
Committee,                                                             Whereas Council Regulation ( EEC) No 652/79 of 29
                                                                       March 1 979 (b) laid down the coefficient for
Whereas on 30 January 1978 the Council of the Euro­                    expressing amounts, fixed in units of account, in
pean Communities declared that it proposed , by way                    ECU ;
of Community action , to grant the equivalent of 728
tonnes of common wheat (in other words 482 tonnes                      Whereas the measures provided for in this Regulation
of common wheat flour) to the World Food                               are in accordance with the opinion of the Manage­
Programme under its 1977/78 food-aid 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 ;
                                                                        1 . Tenders are hereby invited for the supply to the
Whereas tenders may be submitted by tenders esta­                      World Food Programme, by way of Community
blished in any Member State of the Community and                       action , of 482 tonnes of common wheat flour.
may relate to products mobilized anywhere within
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 the
that the tenders are as comparable as possible, account                 Federal Republic of Germany and shall be in respect
should be taken of the effect on each tender of the                    of one lot .
currency situation in the Member State in which the
customs export formalities will be completed ;                          3.    The goods shall be mobilized on the Commu­
                                                                        nity market .
(') O I No L 281 , I. 11 . 1975, p . 1 .
(:)  OÌ  No  L 156, 14. 6. 1978, p. 1 .                                 4.    Shipment shall be from a Community port .
(•)  O'l No  L 28 1 , 1 . 1 1 . 1 975, p. 89 .
(4 ) O'l No  106, 30. 10 . 1962, p. 2553 /62.
(s ) 0"| No  L 263, 19. 9 . 1 973, p. 1 .                              (") OJ No L 84, 4 . 4 . 1979 , p. 1 .
 ---pagebreak--- No L 136 / 6                        Official Journal of the European Communities                                 2 . 6 . 79
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 shall be 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
'Sudan 645X / Wheat flour / Port Sudan / Gift of the                period immediately preceding the closing date for
European Economic Community / Action of the                         submission of tenders .
World Food Programme .'
To allow for the possibility of re-bagging, the                                         Article 4
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the            The contract shall be awarded to the tenderer offering
goods but with the printing following by a capital            the best terms, taking into consideration the adjust­
letter * R \                                                   ment referred to in Article 3 (3).
                                                               However, if the tenders submitted do not appear to
                        Article 2                              reflect normal market prices and costs, the interven­
                                                               tion agency may cancel the invitation to tender.
 1.   The award of the contract shall take place on 15
June 1979 .
                                                                                        Article 5
2.    The closing date for submission of tenders shall
be 15 June 1979 at 12 noon .                                   If the tenderer is unable to deliver the goods in
                                                               compliance with Article 1 (3) on the date given in the
3.    The    notice of   invitation  to  tender  shall be      notice of invitation to tender as a result of the late
published in the Official Journal of the European              availability of the vessels to be used for sea transporta­
 Communities not less than nine days before the                tion , resulting costs shall be borne by the intervention
closing date for submission of tenders .                       agency .
                         Article J                                                      Article 6
 1 . The prices offered must be expressed in the                1 . The tenderer shall give security in an amount of
currency of the Member State in which the invitation            1 2 ECU per tonne of goods.
to tender was issued .
2. Tenders must in particular mention the Member
                                                                It shall be released :
State in which the tenderer, in the event of his being
declared successful , expects to complete the customs          — in the case of all tenderers whose tenders are
export formalities for the products concerned .                      unsuccessful or are not accepted,
 3.    For the purpose of rendering the tenders compar­        — in the case of the successful tenderer, when the
able, the prices shall be corrected by the monetary                  operations concerned have been carried out within
compensatory amount applicable on the closing date                   the prescribed time limit and on submission of
 for submission of tenders to exports from the Member                the original export licence duly granted and
 State mentioned in the tender pursuant to paragraph                 endorsed by the competent authorities of the
 2. Such correction shall be made by :                               Member State mentioned in the tender pursuant
                                                                     to Article 3 (2),
— increasing prices which mention a Member State               — in the case of the successful tenderer, for quanti­
     whose currency has depreciated ,                                ties not supplied by reason of force majeure.
— reducing prices which mention a Member State
     whose currency has been revalued .                         2 . The security required under paragraph 1 may be
                                                                provided in the form of a cash deposit or of a
The monetary compensatory amount shall , where                 guarantee issued by a credit institution conforming to
 appropriate, be converted into the currency of the             criteria laid down by each Member State .
 ---pagebreak--- 2 . 6 . 79                          Official Journal of the European Communities                           No L 136 / 7
                          Article 7                            vention agency of the Member State concerned and
                                                               shall supply it with all the information which it may
1 . The goods referred to in Article 1 must meet the           require .
following requirements :
common wheat flour :                                           Furthermore , the amount of the successful tender
— moisture content : 14% maximum ,                             shall be paid after it has been converted using the
                                                               average of the spot rates referred to in the second
— acidity : 4 ml NaOH /n maximum per 100 g (calcu­
                                                               subparagraph of Article 3 (3) to the tenderer in the
     lated on the dry matter),
                                                               currency of the Member State in which the operations
— ash content : 0-52 % maximum on the dry matter.              relating to the tendering are completed .
If the goods referred to in Article 1 do not meet the
                                                               4.     The intervention agency shall request the
foregoing requirements they shall be rejected and the
successful tenderer shall be owner thereof.                    successful tenderer to supply the following informa­
                                                               tion :
2. Tenders for supply of the goods referred to in
                                                               (a) after each shipment a certificate showing the quan­
Article 1 must relate to products with the following
characteristics :                                                  tities dispatched and the quality of the products ;
                                                               (b) the date of departure of the vessels .
common wheat flour :
— moisture content : 14% maximum ,                             The information indicated above shall be forwarded
— acidity : 4 ml NaOH /n maximum per 100 g (calcu­             by the intervention agency to the Commission imme­
     lated on the dry matter),                                 diately upon receipt.
— ash content : 0-52 % maximum on the dry matter.
                                                               5.     When the agency responsible for the operations
                                                               relating to tendering is not the intervention agency
                          Article 8
                                                               which appoints the successful tenderer, it shall send as
1 . The German intervention agency shall be respon­            soon as possible to the latter the information neces­
sible for operations relating to the invitation to tender      sary for releasing the security.
provided for by this Regulation .
2.      It shall forthwith communicate to the Commis­                                   Article 9
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,         On delivery of the goods at the port of shipment, a
together with the name and business name of the                handing-over certificate shall be supplied to the
successful tenderer.                                           successful tenderer, acting as agent for the Commu­
                                                               nity, by the agent of the recipient country or, in the
3.      Where the customs export formalities for the           absence of the latter, by the intervention agency of the
mobilized product arc completed in a Member State              Member State in whose territory the port of shipment
other than that in which the invitation to tender is           is situated .
issued, the intervention agency of the latter Member
State shall be responsible for the operations following
                                                                                        Article 10
tendering, including payment to the successful ten­
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, 1 June 1979 .
                                                                          For the Commission
                                                                           Finn GUNDHLACH
                                                                              Vice-President