CELEX: 31978R2516
Language: en
Date: 1978-10-27 00:00:00
Title: Commission Regulation (EEC) No 2516/78 of 27 October 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services

28 . 10 . 78                            Official Journal of the European Communities                          No L 301 / 15
                                  COMMISSION REGULATION (EEC) No 2516/78
                                                      of 27 October 1978
              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 provision should be made for security to be
COMMUNITIES,                                                      given for the purpose of guaranteeing that the obliga­
                                                                  tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European             tion to tender for supplies to the Catholic Relief
Economic Community,                                               Services will be fulfilled ;
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 the tendering procedure ;
tion of the market in cereals ( ! ), as amended by Regula­
tion (EEC) No 1254/78 (2),                                        Whereas the Commission must be informed quickly
                                                                  of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                 Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), and        whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,                                  aged should be adopted in accordance with the condi­
                                                                  tions laid down in Article 3 (2) of Council Regulation
Whereas on 30 January 1978 the Council of the Euro­                No 129 on the value of the unit of account and the
pean Communities declared that it proposed, by way                exchange rates to be applied for the purposes of the
of Community action, to grant the equivalent of 7 497             common agricultural policy (4), as last amended by
tonnes of common wheat (in other words 4 967                      Regulation (EEC) No 2543/73 (5), and in particular
tonnes of common wheat flour) to the Catholic Relief              Article 3 thereof ;
Services under its 1977/78 food-aid programme ;
                                                                  Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­              are in accordance with the opinion of the Manage­
tion (EEC) No 2750/75 the goods may be purchased                   ment Committee for Cereals,
anywhere on the Community market ;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products to the dock or in the
lighter where applicable at the port of unloading ;                                        Article 1
Whereas tenders may be submitted by tenderers esta­                1 . Tenders are hereby invited for the supply to the
blished in any Member State of the Community and                   Catholic Relief Services, by way oi Community action,
may relate to products mobilized anywhere within                   of 4 967 tonnes of common wheat flour.
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
that the tenders are as comparable as possible, account            Belgium in three lots. The product shall be mobilized
should be taken of the effect on each tender of the
                                                                   on the Community market. The product shall be
currency situation in the Member State in which the                loaded for departure from any Community port.
customs export formalities will be completed ;
                                                                   3 . The invitation to tender provided for in para­
Whereas the award under the invitation to tender                  graph 1 is for supply of products to the dock, or in
must be made in favour of the tenderer offering the                the lighter where applicable, in one of the ports of
best terms ;                                                       unloading listed in the Annex hereto.
Whereas, should force majeure make it impossible to                4.   The    successful   tenderer    shall  deliver  the
complete the operation in question within the time                 products specified in paragraph 1 in new cotton sacks
limits specified, it must be made clear who is to bear             of a net capacity of 50 kilograms.
the liability for any resulting costs ;
                                                                  The minimum weight of the sacks shall be 180 grams.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978 , p. 1 .                             («) 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 301 / 16                     Official Journal of the European Communities                           28 . 10 . 78
   The following shall be printed on the sacks :                                       Article 4
   'Harina de trigo / Donación de la Comunidad eco­             The contract shall be awarded to the tenderer offering
   nómica europea para Cathwel Chile / Destinada a la           the best terms taking into consideration the adjust­
   distribución gratuita'.                                      ment referred to in Article 3 (3).
   The successful tenderer shall supply a supplementary         However, if the tenders submitted do not appear to
   2 % of empty new sacks, unmarked and of the same             reflect normal market prices and costs, the interven­
   quality as those which contain the goods.                    tion agency may cancel the invitation to tender.
                           Article 2
                                                                                       Article 5
   1 . The decision on tenders received in response to
   the invitation provided for in Article 1 shall be taken      1 . The tenderer shall give security in an amount of
  on 10 November 1978 .                                         10 units of account per tonne of goods.
                                                                It shall be released :
   2.    The closing date for the submission of tenders
  shall be 10 November 1978 at 12 noon .                       — in the case of all tenderers whose tenders are
  3.     The   notice  of invitation to  tender shall   be          unsuccessful or are not accepted,
  published in the Official Journal of the European            — in the case of the successful tenderer, when the
   Communities not less than nine days before the                   operations concerned have been carried out within
  closing date for the submission of tenders.                       the prescribed time limit and on submission of
                                                                    the original export licence duly granted and
                           Article 3                                endorsed by the competent authorities of the
                                                                    Member State mentioned in the tender pursuant
   1 . The prices offered must be expressed in the                  to Article 3 (2),
  currency of the Member State in which the invitation         — in the case of the successful tenderer for quantities
  to tender was issued .
                                                                    not supplied by reason of force majeure.
\ 2. Tenders must in particular mention the Member             2. The security required under paragraph 1 may be
  State in which the tenderer, in the event of his being       provided in the form of a cash deposit or of a
  declared successful, expects to complete the customs         guarantee issued by a credit institution conforming to
  export formalities for the products concerned.               criteria laid down by each Member State.
  3. For the purpose of rendering the tenders compar­
  able, the prices shall be corrected by the monetary                                  Article 6
  compensatory amount applicable on the closing date
  for submission of tenders to exports from the Member          1.    The common wheat flour referred to in Article 1
  State mentioned in the tender pursuant to paragraph          must meet the following requirements :
  2.
                                                               — moisture : 1 2 % maximum,
  Such correction shall be made by :                           — protein content : 10-5 % minimum (N x 6.25 on
  — increasing prices which mention a Member State                  dry matter),
      whose currency has depreciated or a new Member           — ash content : 0-52 % maximum referred to dry
       State,                                                       matter.
  — reducing prices which mention a Member State               Flour not meeting these requirements shall be re­
      whose currency has been revalued.                        fused .
  The monetary compensatory amount shall, where                2. Tenders for supply of the common wheat flour
  appropriate, be converted into the currency of the           referred to in Article 1 must relate to a product with
  Member State in which the invitation to tender is
                                                               the following characteristics :
  issued using :
  — in the case when the currencies concerned are
                                                               — moisture : 12 % maximum,
      kept at any given moment within a band of                — protein content : 10.5 % minimum (N x 6.25 on
      2.25 % , a conversion rate resulting from their               dry matter),
      central rate,                                            — ash content : 0-52 % maximum referred to dry
                                                                    matter.
  — in the other cases, the average of the spot rates of
      the currencies concerned recorded in the Member
      State in which the invitation to tender is issued                                Article 7
      during a period from the Wednesday of one week
      to the Tuesday of the following week being the           1 . The Belgian intervention agency shall be respon­
      period immediately preceding the closing date for        sible for the operations relating to the invitation to
      submission of tenders.                                   tender provided for by this Regulation.
 ---pagebreak---  28 . 10 . 78                        Official Journal of the European Communities                            No L 301 / 17
 2.    It shall forthwith communicate to the Commis­           (b) the date of the departure of the ships, the expected
 sion the list of firms which have responded to the invi­          date of arrival of the products at their destination ;
 tation to tender, specifying the terms of each tender,        (c) all possible contingencies which might occur
 together with the name and business name of the                   during transportation of the products.
 successful tenderer.
 3. Where the customs export formalities for the               The intervention agency shall transmit the informa­
 mobilized product are completed in a Member State             tion provided for to the Commission as soon as it is
other than that in which the invitation to tender is           received .
issued, the intervention agency of the latter Member
State shall be responsible for the operations following        5. When the intervention agency responsible for
tendering, including payment to the successful                 the operations relating to tendering is not the interven­
tenderer.                                                      tion agency which appoints the successful tenderer, it
                                                               shall send as soon as possible to the latter the informa­
In such case, the intervention agency choosing the             tion necessary for releasing the security.
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and
shall supply it with all the information which it may                                        Article 8
require.
                                                               As regards this tender the intervention agency is auth­
Furthermore, the amount of the successful tender               orized to make an initial payment of 80 % of the
shall be paid, after it has been converted using the           value of the quantity given in the bill of lading, on
average of the spot rates referred to in the second            presentation of that document and subject to the
subparagraph of Article 3 (3), to the tenderer in the          taking of a security for an amount equal to the initial
currency of the Member State in which the operations           payment.
relating to the tendering are completed.
4. The intervention agency shall ask that the                                                Article 9
tenderer specifies the following information :
(a) after each shipment, a statement giving details of         This Regulation shall enter into force on the day of its
     the quantities loaded, the quality of the products        publication in the Official Journal of the European
     and their packaging ;                                     Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 27 October 1978 .
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President
                                                           ANNEX
                 Number
                  of lot                 Port of unloading         Minimum rate of unloading         Tonnage
                            Valparaiso
                                                                 | Customs of the port
                     1                                                                                2 700
                    2       Coquimbo                                                                    700
                    3       Talcahuano                                                                1 567