CELEX: 31979R1333
Language: en
Date: 1979-06-29 00:00:00
Title: Commission Regulation (EEC) No 1333/79 of 29 June 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine Refugees (UNRWA)

30 . 6 . 79                             Official Journal of the European Communities                        No L 162/97
                                  COMMISSION REGULATION ( EEC) No 1333/79
                                                        of 29 June 1979
              opening an invitation to tender for the mobilization of common wheat flour as
              food aid for the United Nations Relief and Works Agency for Palestine Refugees
                                                           (UNRWA)
THE COMMISSION OF THE EUROPEAN                                    Whereas the award under the invitation to tender
COMMUNITIES,                                                      must be made to the tenderer offering the best terms ;
                                                                  Whereas provision should be made for security to be
Having regard to the Treaty establishing the European
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 Italian intervention agency should be
2727/75 of 29 October 1975 on the common organiza­                made responsible for organizing the invitation to
tion of the market in cereals ('), as last amended by             tender ;
Regulation (EEC) No 1 254/78 (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 (J), and
in particular Article 6 thereof,                                  Whereas Council Regulation ( EEC) No 652/79 of 29
                                                                   March 1979 (4) laid down the coefficient for
                                                                  expressing amounts, fixed in units of account, in
Having regard to the opinion of the Monetary                       ECU ;
Committee,
                                                                  Whereas the measures provided for in this Regulation
Whereas on 8 May 1979 the Council of the European                  are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals ,
Communities declared that it proposed, by way of
Community action , to grant the equivalent of 36 700
tonnes of common wheat (in other words 27 593
tonnes of common wheat flour) to UNRWA under its
1978 /79 food-aid programme ;                                      HAS ADOPTED THIS REGULATION :
Whereas purusant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                                             Article 1
anywhere on the Community market ;
                                                                   1 . Tenders are hereby invited for the supply to
Whereas the proposed invitation to tender should be                UNRWA, by way of Community food-aid action , of
                                                                   27 593 tonnes of common wheat flour.
for supply of the products to the dock or in the
lighter where applicable at the port of unloading ;
                                                                   2. The tendering procedure shall take place in Italy
                                                                   in three lots. The product shall be mobilized on the
Whereas tenders may be submitted by tenderers esta­                Community market . The product shall be loaded for
blished in any Member State of the Community and                   departure from a Community port.
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              3 . The invitation to tender provided for in para­
that the tenders are as comparable as possible, account            graph 1 is for supply of products to the dock or in the
should be taken of the effect on each tender of the                lighter where applicable , in the port of :
currency situation in the Member State in which the
                                                                   — Ashdod : 16 393 tonnes ;
customs export formalities will be completed ;
                                                                   — Aqaba : 4 950 tonnes ;
                                                                   — Lattakia/Tartous : 6 250 tonnes .
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(*) OJ No L 156, 14. 6 . 1978 , p . 1 .
P) OJ No L 281 , 1 . 11 . 1975, p. 89 .                            (4 ) OJ No L 84, 4. 4 . 1979 , p. 1 .
 ---pagebreak--- No L 162/ 98                        Official Journal of the European Communities                             30 . 6 . 79
4. The successful tenderer shall deliver the product              2-25 % , a conversion rate resulting from their
specified in paragraph 1 in new jute sacks of a net               central rate ,
capacity of 50 kilograms (pre-slung) for Ashdod :             — in 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
following shall be printed on the sacks :                         State in which the invitation to tender is issued
'Wheat flour / Gift of the European Economic                      during a period from the Wednesday of one week
Community to UNRWA / For free distribution to                     to the Tuesday of the following week being the
Palestine refugees.'                                               period immediately preceding the. closing date for
                                                                  submission of tenders .
To allow for the possibility of re-bagging, the
successful tenderer shall apply 2 % of new empty
                                                                                      Article 4
sacks, of the same quality as those containing the
goods but with the printing followed by a capital
letter ' R \                                                  The contract shall be awarded to the tenderer offering
                                                              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
 1.    The decision on tenders received in response to        reflect normal market prices and costs, the interven­
the invitation provided for in Article 1 shall be taken       tion agency may cancel the invitation to tender.
on 13 July 1979 .
2 . The closing date for the submission of tenders                                    Article 5
shall be 13 July 1979 at 12 noon .
3.     The   notice  of  invitation to   tender  shall be
                                                              1.     The tenderer shall give security in an amount of
                                                              12 ECU per tonne of goods.
published in the Official Journal of the European
Communities not less than nine days before the                It shall be released :
closing date for the submission of tenders .
                                                              — in the case of all tenderers whose tenders are
                         Article 3                                unsuccessful or are not accepted,
                                                              — in the case of the successful tenderer, when the
 1 . The prices offered must be expressed in the                  operations concerned have been carried out within
currency of the Member State in which the invitation               the prescribed time limit and on submission of
to tender was issued .                                            the original export licence, duly granted and
                                                                  endorsed by the competent authorities of the
2.     Tenders must in particular mention the Member              Member State mentioned in the tender pursuant
State which the tenderer, in the event of his being                to Article 3 (2),
declared successful , expects to complete the customs
export formalities for the products concerned .               — in the case of the successful tenderer, for quanti­
                                                                  ties not supplied by reason of force majeure.
3.     For the purpose of rendering the tenders compar­
able, the prices shall , where appropriate, be corrected      2. The security required under paragraph 1 may be
by the monetary compensatroy amount applicable on             provided in the form of a cash deposit or of a
the closing date for submission of tenders to exports         guarantee issued by a credit institution conforming to
from    the  Member State     mentioned    in  the tender     criteria laid down by each Member State.
pursuant to paragraph 2.
Such correction shall be made by :                                                    Article 6
— increasing prices which mention a Member State              1.     The common wheat flour referred to in Article 1
     whose currency has depreciated or a new Member           to be supplied to UNRWA must meet the following
     State ,                                                  requirements :
— reducing prices which mention a Member State
     whose currency has been revalued .                       — moisture : 14 % maximum ,
                                                              — protein content : 10-5 % minimum (N x 6-25 on
The monetary compensatory amount shall , where                    dry matter),
appropriate, be converted into the currency of the
Member State in which the invitation to tender is             — ash content : 0-62 % maximum referred to dry
                                                                   matter .
issued using :
— in the case when the currencies concerned are               Flour not meeting these requirements shall be
     kept at any given moment within a band of                refused .
 ---pagebreak--- 30 . 6 . 79                        Official Journal of the European Communities                           No L 162/ 99
2.     Tenders for supply to UNRWA of the common              currency of the Member State in which the operations
wheat flour referred to in Article 1 must relate to a         relating to the tendering are completed .
product with the following characteristics :
                                                              4. The intervention agency shall request the
— moisture : 14 % maximum ,                                   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 statement giving details of
— ash content : 0-62 % maximum referred to dry                    the quantities loaded, the quality of the products
     matter .                                                     and the type of packing ;
                                                              (b) date date of the departure of the ships ; the
                         Article 7                                esimated date of arrival of the products at their
                                                                  destination ;
 1 . The Italian intervention agency shall be respon­
sible for operations relating to the invitation to tender     (c) all possible contingencies which might occur
provided for by this Regulation .                                 during transportation of the products.
2.     It shall forthwith communicate to the Commis­          The information indicated above shall be forwarded
sion the list of firms which have responded to the invi­      by the intervention agency to the Commission
tation to tender, specifying the terms of each tender,        immediately upon receipt.
together with the name and business name of the               5. When the intervention agency responsible for
successful tenderer.
                                                              the operations relating to tendering is not the interven­
3 . Where the customs export formalities for the              tion agency which appoints the successful tenderer, it
mobilized product are completed in a Member State             shall send as soon as possible to the latter the informa­
other than that in which the invitation to tender is          tion necessary for releasing the security.
issued, the intervention agency of the latter Member
State shall be responsible for the operations following                               Article 8
tendering, including payment to the successful
tenderer.                                                     As regards this tender, the intervention agency is auth­
                                                              orized to make an initial payment of 80 % of the
In such case, the intervention agency choosing the            value of the quantity given in the bill of lading, on
successful tenderer shall immediately inform the inter­       presentation of that document and subject to the
vention agency of the Member State concerned and              taking of a security for an amount equal to the initial
shall supply it with all the information which it may         payment .
require.
                                                                                      Article 9
Furthermore , the amount of the successful tender
shall be paid after it has been converted using the           This Regulation shall enter into force on the day of its
average of the spot rates referred to in the second           publication in the Official Journal of the European
subparagraph of Article 3 (3) to the tenderer in the          Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 29 June 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President