CELEX: 31978R1659
Language: en
Date: 1978-07-14 00:00:00
Title: Commission Regulation (EEC) No 1659/78 of 14 July 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Republic of Tanzania

15 . 7. 78                            Official Journal of the European Communities                          No L 192/33
                                  COMMISSION REGULATION (EEC) No 1659/78
                                                      of 14 July 1978
              opening an invitation to tender for the mobilization of common wheat flour as
                                     food aid for the United Republic of Tanzania
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 Tanzania ;
Economic Community,
                                                                 Whereas the Belgian 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 1 254/78 (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 for 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 30 January 1978 the Council of the Euro­              aged should be adopted in accordance with the condi­
pean Communities declared that by way of Commu­                  tions laid down in Article 3 (2) of Council Regulation
nity action it proposed to grant to Tanzania the equiva­         No 129 on the value of the unit of account and the
lent of 5 000 tonnes of common wheat in the form of              exchange rates to be applied for the purposes of the
flour, in other words 3 311 tonnes of common wheat               common agricultural policy (4), as last amended by
flour, under its 1977/78 food-aid programme ;                    Regulation (EEC) No 2543/73 (5), and in particular
                                                                 Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                 Whereas the measures provided for in this Regulation
anywhere on the Community market ;                               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
may relate to products mobilized anywhere within                                          Article 1
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure             1 . An invitation to tender shall be issued in respect
that the tenders are as comparable as possible, account           of the supply of 3 31 1 tonnes of common wheat flour
should be taken of the effect on each tender of the               to the United Republic of Tanzania by way of
currency situation in the Member State in which the               Community food-aid action.
customs export formalities will be completed ;
                                                                  2. The tendering procedure shall take place in the
Whereas     the  contract should        be  awarded  to  the
                                                                  Kingdom of Belgium and shall be in respect of a
tenderer who makes the best offer ;
                                                                  single lot.
Whereas it must be made clear who is to bear any                  3 . The goods shall be mobilized on the Commu­
costs which arise in the event that for reasons of force          nity market.
 majeure the operation in question is not completed
within the time stipulated ;
                                                                  4.    Shipment shall be from a Community port.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(-) OJ No L 156, 14 . 6 . 1978 , p. 1 .                           (4) OJ No 106, 30 . 10. 1962, p. 2553/62.
(•') OJ No L 281 , 1 . 11 . 1975, p. 89 .                         (s) OJ No L 263, 19 . 9. 1973, p. 1 .
 ---pagebreak--- No L 192/34                        Official Journal of the European Communities                            15. 7. 78
5. The product referred to in paragraph 1 is to be           — in the case when the currencies concerned are
delivered in new jute sacks of a net capacity of 50 kilo­         kept at any given moment within a band of
grams to the port of shipment in the vicinity of the              2-25 % , a conversion rate resulting from their
vessel . The goods must be set down at the place nomi­            central rate,
nated by the recipient country or its agent, the timing      — in the other cases, the average of the spot rates of
of delivery being settled by the tenderer and the recip­          the currencies concerned recorded in the Member
ient country's agent.                                             State in which the invitation to tender is issued
Minimum weight of sacks shall be 600 grams.                       during a period from the Wednesday of one week
                                                                  to the Tuesday of the following week being the
Th^ following shall be printed on the sacks :                     period immediately preceding the closing date for
                                                                  submission of tenders.
'Wheat flour / Gift of the European Economic
Community to Tanzania'.
                                                                                     Article 4
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty            The contract shall be awarded to the tenderer offering
sacks, of the same quality as those containing the            the best terms, taking into consideration the adjust­
goods but with the printing followed by a capital             ment referred to in Article 3 (3).
letter ' R'.
                                                              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 28
July 1978 .                                                                          Article 5
2. The closing date for submission of tenders shall
be 28 July 1978 at 12 noon .                                  1 . The tenderer shall give security in an amount of
                                                              10 units of account per tonne of goods.
3.     The   notice of  invitation  to  tender shall   be
published in the Official Journal of the European             It shall be released :
Communities not less than nine days before the
                                                              — in the case of all tenderers whose tenders are
closing date for submission of tenders.
                                                                  unsuccessful or are not accepted,
                                                             — in the case of the successful tenderer, when the
                        Article 3
                                                                  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        — in the case of the successful tenderer, for quanti­
declared successful, expects to complete the customs              ties not supplied by reason of force majeure.
export formalities for the products concerned.
                                                              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 paragraph
2.                                                                                   Article 6
Such correction shall be made by :                            1 . The goods referred to in Article 1 which are to
— increasing prices which mention a Member State              be supplied to the United Republic of Tanzania must
     whose currency has depreciated or a new Member           meet the following requirements :
     State,
                                                              common ivheat flour :
— reducing prices which mention a Member State
     whose currency has been revalued .                       — moisture content : 1 5 % maximum,
The monetary compenstory shall, where appropriate,            — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
be converted into the currency of the Member State in             lated on the dry matter),
which the invitation to tender is issued using :              — ash content : 0-52 % maximum on the dry matter.
 ---pagebreak--- 15 . 7 . 78                         Official Journal of the European Communities                          No L 192/ 35
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 United Republic of                currency of the Member State in which the operations
Tanzania of the goods referred to in Article 1 must             relating to the tendering are completed.
relate to products with the following characteristics :
                                                                4. The intervention agency shall request the
common wheat flour :                                            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 : 0-52 % 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 Belgian intervention agency shall be respon­            diately upon receipt.
sible for operations relating to the invitation to tender       5. When the agency responsible for the operations
provided for by this Regulation.                                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 and 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 ten­             Member State in whose territory the port of shipment
derer.                                                          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, 14 July 1978 .
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                               Vice-President