CELEX: 31978R1248
Language: en
Date: 1978-06-09 00:00:00
Title: Commission Regulation (EEC) No 1248/78 of 9 June 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Arab Republic of Egypt

13 . 6 . 78                            Official Journal of the European Communities                         No L 155/ 5
                                   COMMISSION REGULATION (EEC) No 1248/78
                                                         of 9 June 1978
                opening an invitation to tender for the mobilization of common wheat flour as
                                          food aid for the Arab Republic of Egypt
  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 Arab Republic of Egypt ;
  Economic Community,
                                                                   Whereas the French intervention agency should be
  Having regard to Council Regulation (EEC) No                      made responsible for organizing the invitation to
  2727/75 of 29 October 1975 on the common organiza­               tender ;
  tion of the market in cereals ('), as last amended by
  Regulation (EEC) No 11 25/78 (2),                                Whereas it is important that the Commission be
                                                                   informed without delay of the tenders submitted in
' Having regard to Council Regulation (EEC) No                     response to the invitation and of those accepted by
  2750/75 of 29 October 1975 laying down the condi­                the intervention agency ;
  tions fdr the mobilization of cereals as food aid (3), and
  in particular Article 6 thereof,                                 Whereas the Monetary Committee will be consulted ;
                                                                   whereas, in view of the urgency, the measures envis­
  Whereas on 8 February 1977 and 30 January 1978 the               aged should be adopted in accordance with the condi­
  Council of the European Communities declared that                tions laid down in Article 3 (2) of Council Regulation
  by way of Community action it proposed to grant the               No 129 on the value of the unit of account and the
  Arab Republic of Egypt the equivalent of 115 000                 exchange rates to be applied for the purposes of the
  tonnes of common wheat, in the form of flour, i.e.               common agricultural policy (4), as last amended by
  82 800 tonnes of common wheat flour, under its                   Regulation (EEC) No 2543/73 (5), and in particular
  1976/77 and 1977/78 food-aid programmes ;                        Article 3 thereof ;
  Whereas pursuant to Article 3 (3) of Council Regula­             Whereas the measures provided for in this Regulation
  tion (EEC) No 2750/75 the goods may be purchased                 are in accordance with the opinion of the Manage­
  anywhere on the Community market ;                               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
                                                                    HAS ADOPTED THIS REGULATION :
  nated by the recipient or its agent ;
  Whereas tenders may be submitted by tenderers esta­
  blished in any Member State of the Community and                                         Article 1
  may relate to products mobilized anywhere within
  those Member States ; whereas, in view of the currency            1 . An invitation to tender shall be issued in respect
  situation in the Member States and in order to ensure
                                                                   of the supply of 82 800 tonnes of common wheat
  that the tenders are as comparable as possible, account          flour to the Arab Republic of Egypt by way of
  should be taken of the effect on each tender of the
                                                                   Community food-aid action .
  currency situation in the Member State in which the
  customs export formalities will be completed ;
                                                                   2. The tendering procedure shall take place in
 Whereas the contract should be awarded                to the
                                                                   France and shall be in respect of seven lots of 10 000
  tenderer who makes the best offer ;
                                                                   tonnes (lots 1 to 7) and one lot of 12 800 tonnes (lot
                                                                   8).
 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 142, 30. 5. 1978, p. 21 .                             (4) 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--- No L 155/6                         Official Journal of the European Communities                            13 . 6. 78
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
The minimum weight of the 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
'Wheat flour / Gift of the European Economic                      period immediately preceding the closing date for
Community to Egypt.'                                              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            The contract shall be awarded to the tenderer offering
letter ' R'.                                                 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
                                                              reflect normal market prices and costs, the interven­
1 . The award of the contract shall take place on 23          tion agency may cancel the invitation to tender.
June 1978 .
2. The closing date for submission of tenders shall                                  A rticle 5
be 23 June 1978 at 12 noon .
                                                              1 . The tenderer shall give security in an amount of
3.    The    notice of  invitation  to  tender shall   be     10 units of account per tonne of goods.
published in the Official Journal of the European
Communities not less than seven days before the               It shall be released :
closing date for 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
                                                                  operations concerned have been carried out within
1 . The prices offered must be expressed in the                   the prescribed time limit and on submission of
currency of the Member State in which the invitation              the original export licence duly granted and
to tender was issued .                                            endorsed by the competent authorities of the
                                                                  Member State mentioned in the tender pursuant
2. Tenders must in particular mention the Member                  to Article 3 (2),
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs
                                                             — in the case of the successful tenderer, for quanti­
export formalities for the products concerned .                   ties not supplied by reason of force majeure.
                                                             2. The security required under paragraph 1 may be
3.    For the purpose of rendering the tenders compar­        provided in the form of a cash deposit or of a
able, the prices shall be corrected by the monetary
                                                             guarantee issued by a credit institution conforming to
compensatory amount applicable on the closing date           criteria laid down by each Member State.
for submission of tenders to exports from the Member
State mentioned in the tender pursuant to para­
graph 2.                                                                             Article 6
Such correction shall be made by :                            1 . The goods referred to in Article 1 which are to
                                                             be supplied to the Arab Republic of Egypt must meet
— increasing prices which mention a Member State             the following requirements :
    whose currency has depreciated or a new Member
    State,                                                    common wheat flour :
— 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 : 0-62 % maximum on the dry matter.
 ---pagebreak--- 13 . 6 . 78                        Official Journal of the European Communities                           No L 155/7
If the goods referred to in Article 1 do not meet the         Furthermore, the amount of the successful tender
foregoing requirements they shall be rejected and the         shall be paid after it has been converted using the
successful tenderer shall be owner thereof .                  average of the spot rates referred to in the second
                                                              subparagraph of Article 3 (3) to the tenderer in the
2. Tenders for supply to the Arab Republic of                 currency of the Member State in which the operations
Egypt of the goods referred to in Article 1 must relate       relating to the tendering are completed .
to products with the following characteristics :
common wheat flour :                                          4. The intervention agency shall request the
                                                              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 : 0-62 % maximum on the dry matter.             (b) the date of departure of the vessels.
                                                              The information indicated above shall be forwarded
                         Article 7
                                                              by the intervention agency to the Commission imme­
1 . The French 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
                                                              relating to tendering is not the intervention agency
2.     It shall forthwith communicate to the Commis­          which appoints the successful tenderer, it shall send as
sion the list of firms which have responded to the invi­      soon as possible to the latter the information neces­
tation to tender, specifying the terms of each tender,        sary for releasing the security.
together with the name arid business name of the
successful tenderer.                                                                   Article 8
3 . Where the customs export formalities for the              On delivery of the goods at the port of shipment, a
mobilized product are completed in a Member State             handing-over certificate shall be supplied to the
other than that in which the invitation to tender is          successful tenderer, acting as agent for the Commu­
issued, the intervention agency of the latter Member          nity, by the agent of the recipient country or, in the
State shall be responsible for the operations following       absence of the latter, by the intervention agency of the
tendering, including payment to the successful                Member State in whose territory the port of shipment
tenderer.                                                     is situated .
In such case, the intervention agency choosing the                                     Article 9
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and              This Regulation shall enter into force on the day of its
shall supply it with all the information which it may         publication in the Official Journal of the European
require.                                                      Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 9 June 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President