CELEX: 31979R1191
Language: en
Date: 1979-06-15 00:00:00
Title: Commission Regulation (EEC) No 1191/79 of 15 June 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of Sri Lanka

16. 6 . 79                                Official Journal of the European Communities                         No L 148 /41
                                       COMMISSION REGULATION ( EEC) No 1191 /79
                                                            of 15 June 1979
                opening an invitation to tender for the mobilization of common wheat flour as
                                              food aid for the Republic of Sri Lanka
 THE COMMISSION OF THE EUROPEAN                                        Whereas it must be made clear who is to bear any
 COMMUNITIES,                                                          costs which arise in the event that for reasons of force
                                                                       majeure the operation in question is not completed
 Having regard to the Treaty establishing the European                 within the time stipulated ;
 Economic Community,
 Having regard to Council Regulation (EEC) No                          Whereas provision should be made for security to be
 2727/75 of 29 October 1975 on the common organiza­                   given to guarantee fulfilment of the obligations arising
 tion of the market in cereals ('), as last amended by                 by virtue of participation in the invitation to tender ;
 Regulation (EEC) No 1 254/78 (2),
                                                                       Whereas the German intervention agency should be
 Having regard to Council Regulation (EEC) No                          made responsible for the tendering procedure in ques­
 2750/75 of 29 October 1975 laying down the condi­                     tion ;
 tions for the mobilization of cereals as food aid (3), and
 in particular Article 6 thereof,                                      Whereas it is important that the Commission be
                                                                       informed without delay of the tenders submitted in
 Having regard to Council Regulation No 129 on the                     response to the invitation and of those accepted by
 value of the unit of account and the exchange rates to                the intervention agency ;
 be applied for the purposes of the common agricul­
 tural policy (4), as last amended by Regulation (EEC)                 Whereas Council Regulation (EEC) No 652/79 of 29
 No 2543/73 (5), and in particular Article 3 thereof,                  March 1979 (6) laid down the coefficient for
 Having regard to the opinion of the Monetary                          expressing amounts, fixed in units of account, in
 Committee,                                                            ECU ;
 Whereas on 8 May 1979 the Council of the European                    Whereas the measures provided for in this Regulation
 Communities declared that it proposed, by way of                      are in accordance with the opinion of the Manage­
 Community action, to grant the equivalent of 19 000                   ment Committee for Cereals,
 tonnes of common wheat (in other words 12 583
 tonnes of common wheat flour) to the Republic of Sri
 Lanka under its 1978/79 food-aid programme ;
                                                                       HAS ADOPTED THIS REGULATION :
 Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;                                                            Article 1
 Whereas tenders should be invited for the supply of
 the product to the port of shipment in the vicinity of                1 . Tenders are hereby invited for the supply to the
 the vessel, the goods to be set down at the place nomi­               Republic of Sri Lanka by way of Community action,
                                                                      of 12 583 tonnes of common wheat flour.
 nated by the recipient or its agent ;
Whereas tenders may be submitted by tenders esta­                      2. The tendering procedure shall take place in the
 blished in any Member State of the Community and                      Federal Republic of Germany and shall be in respect
 may relate to products mobilized anywhere within                     of one lot.
 those Member States ; whereas, in view of the currency
 situation in the Member States and in order to ensure                3.      The goods shall be mobilized on the Commu­
 that the tenders are as comparable as possible, account               nity market.
 should be taken of the effect on each tender of the
 currency situation in the Member State in which the                  4.      Shipment shall be from a Community port.
 customs export formalities will be completed ;
                                                                       5. The product referred to in paragraph 1 is to be
Whereas      the   contract     should      be   awarded  to  the
                                                                      delivered in new jute sacks with a maximum gross
tenderer who makes the best offer ;                                   weight of 68-058 kilograms (minimum weight of sack
                                                                      being 910 grams) to the port of shipment in the
(') OJ   No  L 281 , 1 . 11 . 1975, p. 1 .                            vicinity of the vessel . The goods must be set down at
(2) OJ   No  L 156, 14. 6. 1978, p. 1 .
(3) OJ   No  L 281 , 1 . 11 . 1975, p. 89.                            the place nominated by the recipient country or its
(<) OJ   No  106, 30 . 10 . 1962, p. 2553/62.
(5) OJ   No  L 263 , 19 . 9 . 1973 , p. 1 .                           (*) OJ No L 84, 4. 4. 1979, p. 1 .
 ---pagebreak--- No L 148 /42                      Official Journal of the European Communities                               16. 6. 79
agent, the timing of delivery being settled by the                                   Article 4
tenderer and the recipient country's agent.
                                                            The contract shall be awarded to the tenderer offering
The following shall be printed on the sacks :               the best terms, taking into consideration the adjust­
'Wheat flour / Gift of the European Economic                ment referred to in Article 3 (3).
Community to Sri Lanka.'
                                                            However, if the tenders submitted do not appear to
To allow for the possibility of re-bagging, the             reflect normal market prices and costs, the interven­
successful tenderer shall supply 2 % of new empty           tion agency may cancel the invitation to tender.
sacks, of the same quality as those containing the
goods but with the printing followed by a capital                                    Article 5
letter 'R\
                                                             If the tenderer is unable to deliver the goods in
                        Article 2                           compliance with Article 1 (3) on the date given in the
                                                            notice of invitation to tender as a result of the late
 1.    The award of the contract shall take place on 28     availability of the vessels to be used for sea transporta­
June 1979.
                                                            tion, resulting costs shall be borne by the intervention
2. The closing date for submission of tenders shall         agency .
be 28 June 1979 at 12 noon .
3.     The notice of invitation to tender shall be                                   Article 6
published in the Official Journal of the European
 Communities not less than nine days before the              1 . The tenderer shall give security in an amount of
closing date for submission of tenders.                      12 ECU per tonne of goods.
                                                             It shall be released :
                        Article 3
                                                            — in the case of all tenderers whose tenders are
 1 . The prices offered must be expressed in the                 unsuccessful or are not accepted,
currency of the Member State in which the invitation        — in the case of the successful tenderer, when the
to tender was issued .
                                                                 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
                                                                 to Article 3 (2),
3. For the purpose of rendering the tenders compar­         — in the case of the successful tenderer, for quanti­
able, the prices shall be corrected by the monetary              ties not supplied by reason of force majeure.
compensatory amount applicable on the closing date
for submission of tenders to exports from the Member         2. The security required under paragraph 1 may be
State mentioned in the tender pursuant to paragraph          provided in the form of a cash deposit or of a
2. Such correction shall be made by :                       guarantee issued by a credit institution conforming to
— increasing prices which mention a Member State             criteria laid down by each Member State.
     whose currency has depreciated,
— reducing prices which mention a Member State                                       Article 7
     whose currency has been revalued.
                                                             1 . The goods referred to in Article 1 must meet the
The monetary compensatory amount shall, where
                                                             following requirements :
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            common wheat flour :
 issued using :                                             — moisture content : 14% maximum,
— in the case when the currencies concerned are
                                                            — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
     kept at any given moment within a band of                   lated on the dry matter),
     2-25 % , a conversion rate resulting from their
     central rate,                                          — ash content : 0-52 % maximum on the dry matter.
— in the other cases, the average of the spot rates of       If the goods referred to in Article 1 do not meet the
     the currencies concerned recorded in the Member         foregoing requirements they shall be rejected and the
     State in which the invitation to tender is issued       successful tenderer shall be owner thereof.
     during a period from the Wednesday of one week
     to the Tuesday of the following week being the          2. Tenders for supply of the goods referred to in
     period immediately preceding the closing date for      Article 1 must relate to products with the following
     submission of tenders.                                  characteristics :
 ---pagebreak--- 16. 6. 79                          Official Journal of the European Communities                          No L 148 /43
common wheat flour :                                          currency of the Member State in which the operations
— moisture content : 14% maximum,                             relating to the tendering are completed .
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­             4. The intervention agency shall request the
     lated on the dry matter),                                successful tenderer to supply the following informa­
— ash content : 0-52 % maximum on the dry matter.             tion :
                         Article 8
                                                              (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
1 . The German intervention agency shall be respon­           (b) the date of departure of the vessels.
sible for operations relating to the invitation to tender
                                                              The information indicated above shall be forwarded
provided for by this Regulation .
                                                              by the intervention agency to the Commission imme­
2.     It shall forthwith communicate to the Commis­          diately upon receipt.
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,        5. When the agency responsible for the operations
together with the name and business name of the               relating to tendering is not the intervention agency
successful tenderer.                                          which appoints the successful tenderer, it shall send as
                                                              soon as possible to the latter the information neces­
3. Where the customs export formalities for the               sary for releasing the security.
mobilized product are completed in a Member State
other than that in which the invitation to tender is
                                                                                       Article 9
issued, the intervention agency of the latter Member
State shall be responsible for the operations following       On delivery of the goods at the port of shipment, a
tendering, including payment to the successful                handing-over certificate shall be supplied to the
tenderer.                                                     successful tenderer, acting as agent for the Commu­
In such case, the intervention agency choosing the            nity, by the agent of the recipient country or, in the
successful tenderer shall immediately inform the inter­       absence of the latter, by the intervention agency of the
vention agency of the Member State concerned and              Member State in whose territory the port of shipment
                                                              is situated .
shall supply it with all the information which it may
require.
                                                                                       Article 10
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, 15 June 1979 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President