CELEX: 31978R2640
Language: en
Date: 1978-11-10 00:00:00
Title: Commission Regulation (EEC) No 2640/78 of 10 November 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

11 . 11 . 78                           Official Journal of the European Communities                        No L 318/41
                                  COMMISSION REGULATION (EEC) No 2640/78
                                                    of 10 November 1978
                 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                                     majeure the operation in question is not completed
COMMUNITIES,                                                      within the time stipulated ;
 Having regard to the Treaty establishing the European            Whereas provision should be made for security to be
 Economic Community,                                              given to guarantee fulfilment of the obligations arising
                                                                  by virtue of participation in the invitation to tender ;
Having regard to Council Regulation (EEC) No                      Whereas the German intervention agency should be
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (J), as last amended by              made responsible for the tendering procedure in ques­
                                                                   tion ;
Regulation (EEC) No 1 254/78 (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 8 February 1977 the Council of the Euro­               whereas, in view of the urgency, the measures envis­
pean Communities declared that it proposed, by way                aged should be adopted in accordance with the condi­
of Community action, to grant the equivalent of 5 799              tions laid down in Article 3 (2) of Council Regulation
tonnes of common wheat (in other words 3 840                       No 129 on the value of the unit of account and the
tonnes of common wheat flour) to the World Food                    exchange rates to be applied for the purposes of the
Programme under its 1976/77 food-aid programme ;                  common agricultural policy (4), as last amended by
                                                                   Regulation (EEC) No 2543/73 (5), and in particular
Whereas pursuant to Article 3 (3) of Council Regula­              Article 3 thereof ;
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                Whereas the measures provided for in this Regulation
                                                                  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
                                                                                           Article 1
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              1 . Tenders are hereby invited for the supply to the
that the tenders are as comparable as possible, account           World Food Programme, by way of Community
should be taken of the effect on each tender of the                action , of 3 840 tonnes of common wheat flour.
currency situation in the Member State in which the
customs export formalities will be completed ;                     2. The tendering procedure shall take place in the
                                                                   Federal Republic of Germany and shall be in respect
Whereas       the contract should       be   awarded  to the       of three lots.
tenderer who makes the best offer ;
                                                                   3. The goods shall be mobilized on the Commu­
Whereas it must be made clear who is to bear any                   nity market.
costs which arise in the event that for reasons of force
                                                                   4.     Shipment shall be from a Community port.
(») OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 1 .                              (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 318/42                        Official Journal of the European Communities                              11 . 11 . 78
5. The product referred to in paragraph 1 is to be           The monetary compensatory amount shall, where
delivered in new jute sacks of a net capacity of 50 kilo­     appropriate, be converted into the currency of the
grams to the port of shipment in the vicinity of the          Member State in which the invitation to tender is
vessel. The goods must be set down at the place nomi­         issued using :
nated by the recipient country or its agent, the timing      — in the case when the currencies concerned are
of delivery being settled by the tenderer and the recip­           kept at any given moment within a band of
ient country's agent.                                              2-25 %, a conversion rate resulting from their
Minimum weight of sacks shall be 600 grams.                        central rate,
                                                              — in the other cases, the average of the spot rates of
The following shall be printed on the sacks :                      the currencies concerned recorded in the Member
— lot No 1 — 400 tonnes :                                          State in which the invitation to tender is issued
     •Yemen PDR 497 X / Wheat flour / Gift of the                  during a period from the Wednesday of one week
     EEC / Action of the World Food Programme.'                    to the Tuesday of the following week being the
— lot No 2 — 1 000 tonnes :                                        period immediately preceding the closing date for
                                                                   submission of tenders.
     'Yemen PDR 688 X / Wheat flour / Gift of the
     EEC / Action of the World Food Programme.'
— lot No 3 — 2 440 tonnes :
                                                                                       Article 4
     'Egypt 644 PX / Wheat flour / Gift of the EEC /          The contract shall be awarded to the tenderer offering
     Action of the World Food Programme.'                     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             tion agency may cancel the invitation to tender.
letter 'R\
                                                                                       Article 5
                        Article 2
                                                              If the tenderer is unable to deliver the goods in
1.     The award of the contract shall take place on 24       compliance with Article 1 (3) on the date given in the
November 1978 .                                               notice of invitation to tender as a result of the late
2.     The closing date for submission of tenders shall       availability of the vessels to be used for sea transporta­
be 24 November 1978 at 12 noon .                              tion, resulting costs shall be borne by the intervention
                                                              agency.
3.     The notice of invitation to tender shall be
published in the Official Journal of the European                                      Article 6
Communities not less than nine days before the
closing date for submission of tenders.                        1 . The tenderer shall give security in an amount of
                                                               10 units of account per tonne of goods.
                        Article 3                              It shall be released :
 1 . The prices offered must be expressed in the              — in the case of all tenderers whose tenders are
currency of the Member State in which the invitation               unsuccessful or are not accepted,
to tender was issued.                                          — in the case of the successful tenderer, when the
                                                                    operations concerned have been carried out within
2. Tenders must in particular mention the Member
                                                                    the prescribed time limit and on submission of
State in which the tenderer, in the event of his being
                                                                    the original export licence duly granted and
declared successful, expects to complete the customs                endorsed by the competent authorities of the
export formalities for the products concerned.                      Member State mentioned in the tender pursuant
3. For the purpose of rendering the tenders compar­                 to Article 3 (2),
able, the prices shall be corrected by the monetary            — in the case of the successful tenderer, for quanti­
compensatory amount applicable on the closing date                  ties not supplied by reason of force majeure.
 for submission of tenders to exports from the Member
State mentioned in the tender pursuant to paragraph            2. The security required under paragraph 1 may be
2.                                                             provided in the form of a cash deposit or of a
acidity : 4 correction shall be made by :                      guarantee issued by a credit institution conforming to
                                                               criteria laid down by each Member State.
— increasing prices which mention a Member State
      whose currency has depreciated or a new Member                                   Article 7
      State,
 — reducing prices which mention a Member State                1 . The goods referred to in Article 1 must meet the
      whose currency has been revalued.                        following requirements :
 ---pagebreak--- 11 . 11 . 78                       Official Journal of the European Communities                         No L 318 /43
common wheat flour :                                          vention agency of the Member State concerned and
— moisture content : 1 5 % maximum,                           shall supply it with all the information which it may
                                                              require.
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­
     lated on the dry matter),                                Furthermore, the amount of the successful tender
— ash content : 0-52 % maximum on the dry matter.             shall be paid after it has been converted using the
                                                              average of the spot rates referred to in the second
If the goods referred to in Article 1 do not meet the         subparagraph of Article 3 (3) to the tenderer in the
foregoing requirements they shall be rejected and the         currency of the Member State in which the operations
successful tenderer shall be owner thereof.                   relating to the tendering are completed.
2. Tenders for supply of the goods referred to in             4. The intervention agency shall request the
Article 1 must relate to products with the following          successful tenderer to supply the following informa­
characteristics :                                             tion :
common wheat flour :                                          (a) after each shipment a certificate showing the quan­
— moisture content : 15% maximum,                                 tities dispatched and the quality of the products ;
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­             (b) the date of departure of the vessels.
     lated on the dry matter),                                The information indicated above shall be forwarded
— ash content : 0-52 % maximum on the dry matter.             by the intervention agency to the Commission imme­
                                                              diately upon receipt.
                         Article 8                            5. When the agency responsible for the operations
1 . The German intervention agency shall be respon­           relating to tendering is not the intervention agency
sible for operations relating to the invitation to tender     which appoints the successful tenderer, it shall send as
provided for by this Regulation.                              soon as possible to the latter the information neces­
                                                              sary for releasing the security.
2.     It shall forthwith communicate to the Commis­
sion the list of firms which have responded to the invi­                               Article 9
tation to tender, specifying the terms of each tender,
together with the name and business name of the               On delivery of the goods at the port of shipment, a
successful tenderer.                                          handing-over certificate shall be supplied to the
                                                              successful tenderer, acting as agent for the Commu­
3. Where the customs export formalities for the               nity, by the agent of the recipient country or, in the
mobilized product are completed in a Member State             absence of the latter, by the intervention agency of the
other than that in which the invitation to tender is          Member State in whose territory the port of shipment
issued, the intervention agency of the latter Member          is situated.
State shall be responsible for the operations following
tendering, including payment to the successful                                        Article 10
tenderer.
                                                              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, 10 November 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President