CELEX: 31978R1204
Language: en
Date: 1978-06-02 00:00:00
Title: Commission Regulation (EEC) No 1204/78 of 2 June 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of Sri Lanka

3 . 6 . 78                              Official Journal of the European Communities                            No L 147/ 15
                                  COMMISSION REGULATION (EEC) No 1204/78
                                                         of 2 June 1978
              opening an invitation to tender (or the mobilization of common wheat flour as
                                           food aid for the Republic of Sri Lanka
THE COMMISSION OF THE EUROPEAN                                     Whereas provision should be made for security to be
COMMUNITIES,                                                       given to guarantee fulfilment of the obligations arising
                                                                   by virtue of participation in the invitation to tender
Having regard to the Treaty establishing the European              for the supply of goods to the Republic of Sri Lanka ;
Economic Community,
                                                                   Whereas the French intervention agency should be
Having regard to Council Regulation (EEC) No                       made responsible for the tendering procedure in ques­
2727/75 of 29 October 1975 on the common organiza­                 tion ;
tion of the market in cereals ('), as last amended by
Regulation (EEC) No 1 125/78 (2),                                  Whereas the Commission must be informed quickly
                                                                   of the tenders submitted in response to the invitation
Having regard to Council Regulation (EEC) No                       and of those accepted by the intervention agency ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and         Whereas the Monetary Committee will be consulted ;
in particular Article 6 thereof,                                   whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
Whereas on 30 January 1978 the Council of the Euro­                tions laid down in Article 3 (2) of Council Regulation
pean Communities declared that by way of Commu­                    No 129 on the value of the unit of account and the
nity action it proposed to grant the Republic of Sri               exchange rates to be applied for the purposes of the
Lanka the equivalent of 27 000 tonnes of common                    common agricultural policy (4), as last amended by
wheat, in the form of flour, i.e. 17 881 tonnes of                 Regulation (EEC) No 2543/73 (5), and in particular
common wheat flour, under its 1977/78 food-aid                     Article 3 thereof ;
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 ;
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                                           Article 1
blished in any Member State of the Community and
may relate to products mobilized anywhere within
                                                                    1 . An invitation to tender shall be issued in respect
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
                                                                   of the supply of 17 881 tonnes of common wheat
                                                                   flour to the Republic of Sri Lanka by way of Commu­
that the tenders are as comparable as possible, account            nity food-aid action .
should be taken of the effect on each tender of the
currency situation in the Member State in which the
customs export formalities will be completed ;                     2. The tendering procedure shall take place in
                                                                   France in one lot. The product shall be mobilized on
Whereas     the  contract    should      be  awarded   to  the     the Community market. The product shall be loaded
tenderer offering the best terms ;                                 for departure from any Community port.
Whereas in case it should be impossible for reasons of             3 . The product referred to in paragraph 1* is to be
force majeure to complete the operation in question                delivered in new jute sacks with a maximum gross
within the set time limits, it must be made clear who              weight of 68-058 kilograms (minimum weight of sack
is to bear any costs resulting therefrom ;                         being 910 grams) to the port of shipment in the
                                                                   vicinity of the vessel . The goods must be set down at
(■) 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 147/ 16                      Official Journal of the European Communities                                 3 . 6 . 78
the place nominated by the recipient country or its           — in the other cases, the average of the spot rates of
agent, the timing of delivery being settled by the                the currencies concerned recorded in the Member
tenderer and the recipient country's agent.                       State in which the invitation to tender is issued
                                                                  during a period from the Wednesday of one week
4.     The following shall be printed on the sacks :              to the Tuesday of the following week being the
'Wheat flour / Gift of the European Economic                      period immediately preceding the closing date for
                                                                  submission of tenders .
Community to Sri Lanka'.
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 followed 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 decision on tenders received in response to
the invitation provided for in Article 1 shall be taken
on 16 June 1978 .                                                                      Article 5
2. The closing date for submission of tenders shall           If the tenderer is unable to deliver the goods in
be 16 June 1978 at 12 noon .                                  compliance with Article 1 (3) on the date given in the
                                                              notice of invitation to tender as a result of the late
3.     The   notice of  invitation to   tender shall  be      availability of the vessels to be used for sea transporta­
published in the Official Journal of the European             tion, the resulting costs shall be borne by the interven­
Communities not less than nine days before the                tion agency.
closing date for submission of tenders .
                                                                                       Article 6
                        Article 3
                                                              1 . The tenderer shall give security of a value of 10
1 . The prices offered must be expressed in the               units of account per tonne of goods.
currency of the Member State in which the invitation          It shall be released :
to tender was issued .
                                                             — in the case of all tenderers whose tenders are
2. Tenders must in particular mention the Member                  unsuccessful or are not accepted,
State in which the tenderer, in the event of his being
                                                             — in the case of the successful tenderer, when the
declared successful , expects to complete the customs
                                                                  operations concerned have been carried out within
export formalities for the products concerned.                    the prescribed time limit and on submission of
3.     For the purpose of rendering the tenders compar­           the original export licence duly granted and
able, the prices shall, where appropriate, be corrected           endorsed by the competent authorities of the
by the monetary compensatory amount applicable on                 Member State mentioned in the tender pursuant
the closing date for submission of tenders to exports             to Article 3 (2),
from    the Member State mentioned        in  the tender     — in the case of the successful tenderer, for quanti­
pursuant to paragraph 2.                                          ties not supplied by reason of force majeure.
Such correction shall be made by :                            2. The security required under paragraph 1 may be
                                                              provided in the form of a cash deposit or of a
— increasing prices which mention a Member State             guarantee issued by a credit institution conforming to
    whose currency has depreciated or a new Member           criteria laid down by each Member State.
     State,
— reducing prices which mention a Member State                                         Article 7
    whose currency has been revalued .
                                                              1 . The goods referred to in Article 1 which are to
The monetary compensatory amount shall, where
                                                             be supplied to the Republic of Sri Lanka must meet
appropriate, be converted into the currency of the
Member State in which the invitation to tender is
                                                             the following requirements :
issued using :                                               — moisture : 14 % maximum ,
— in the case when the currencies concerned are              — protein content : 10-5 % minimum (N x 6-25 on
     kept at any given moment within a band of                    dry matter),
     2-25 % , a conversion rate resulting from their         — ash content : 0-52 % maximum referred to dry
    central rate ,                                                matter.
 ---pagebreak--- 3 . 6. 78                          Official Journal of the European Communities                          No L 147/ 17
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 Republic of Sri Lanka            currency of the Member State in which the operations
of the goods referred to in Article 1 must relate to          relating to the tendering are completed.
products with the following characteristics :
— moisture : 14 % maximum,
                                                              4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
— protein content : 10-5 % minimum (N x 6-25 on               tion :
     dry matter),
                                                              (a) after each shipment, a certificate showing the quan­
— ash content : 0-52 % maximum referred to dry                    tities dispatched and the quality of the products ;
     matter.
                                                              (b) the date of departure of the vessels.
                         Article 8                            The information indicated above shall be forwarded
                                                              by the intervention agency to the Commission imme­
1 . The French intervention agency shall be respon­           diately upon receipt.
sible for organizing the invitation to tender provided
for by this Regulation.                                       5. When the intervention agency responsible for
                                                              the operations relating to tendering is not the interven­
2.     It shall forthwith communicate to the Commis­          tion agency which appoints the successful tenderer, it
sion the list of firms which have responded to the invi­      shall send as soon as possible to the latter the informa­
tation to tender, specifying the terms of each tender,        tion necessary for releasing the security.
together with the name and business name of the
successful tenderer.                                                                   Article 9
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 this case, the intervention agency choosing the                                    Article 10
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, 2 June 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President