CELEX: 31979R0205
Language: en
Date: 1979-02-02 00:00:00
Title: Commission Regulation (EEC) No 205/79 of 2 February 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

3 . 2 . 79                              Official Journal of the European Communities                           No L 29/5
                                   COMMISSION REGULATION (EEC) No 205/79
                                                      of 2 February 1979
               opening an invitation to tender for the mobilization of common wheat flour as
                                         food aid for the World Food Programme
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,
                                                                  Whereas provision should be made for security to be
Having      regard    to    Council       Regulation    (EEC)     given to guarantee fulfilment of the obligations arising
No 2727/75 of 29 October 1975 on the common                       by virtue of participation in the invitation to tender ;
organization of the market in cereals (!), as last
amended by Regulation (EEC) No 1254/78 (2),                       Whereas the German intervention agency should be
                                                                  made responsible for the tendering procedure in ques­
                                                                  tion ;
Having regard to Council Regulation (EEC)
No 2750/75 of 29 October 1975 laying down the
conditions for the mobilization of cereals as food                Whereas it is important that the Commission be
aid (3), and in particular Article 6 thereof,                     informed without delay of the tenders submitted in
                                                                  response to the invitation and of those accepted by
                                                                  the intervention agency ;
Having regard to the opinion of the Monetary
Committee ,
                                                                  Whereas the measures provided for in this Regulation
                                                                  are in accordance with the opinion of the Manage­
Whereas on 30 January 1978 the Council of the Euro­               ment Committee for Cereals,
pean Communities declared that it proposed, by way
of Community action, to grant the equivalent of
 14 434 tonnes of common wheat (in other words
9 559 tonnes of common wheat flour) to the World
Food Programme under its 1977/78 food-aid                         HAS ADOPTED THIS REGULATION :
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­                                      Article 1
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                 1 . Tenders are hereby invited for the supply to the
                                                                  World Food Programme, by way of Community
Whereas tenders should be invited for the supply of               action, of 9 559 tonnes of common wheat flour.
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­           2. The tendering procedure shall take place in the
nated by the recipient or its agent ;                             Federal Republic of Germany and shall be in respect
                                                                  of 12 lots.
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                  3 . The goods shall be mobilized on the Commu­
may relate to products mobilized anywhere within                  nity market.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
                                                                  4.     Shipment shall be from a Community port.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
currency situation in the Member State in which the               5. The product referred to in paragraph 1 is to be
customs export formalities will be completed ;                    delivered in new jute sacks of a net capacity of 50 kilo­
                                                                  grams to the port of shipment in the vicinity of the
                                                                  vessel . The goods must be set down at the place nomi­
Whereas     the  contract    should     be   awarded  to  the
                                                                  nated by the recipient country or its agent, the timing
tenderer who makes the best offer ;                               of delivery being settled by the tenderer and the recip­
                                                                  ient country's agent.
(!) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6 . 1978 , p. 1 .
(3 OJ No L 281 , 1 . 11 . 1975, p. 89 .                           Minimum weight of sacks shall be 600 grams.
 ---pagebreak--- No L 29 /6                        Official Journal of the European Communities                             3 . 2. 79
The following shall be printed on the sacks :                3.    The   notice  of invitation to  tender shall   be
                                                             published in the Official Journal of the European
    — lot No 1 — 120 tonnes : 'Gambia 625 X                  Communities not less than nine days before the
        2/Wheat flour/Banjul/Gift of the EEC/Action          closing date for submission of tenders.
        of the World Food Programme' ;
    — lot No 2 — 2 525 tonnes : 'Egypt 644
        PX/Wheat flour/Alexandria/Gift of the EEC/                                  Article 3
        Action of the World Food Programme' ;
    — lot No 3 — 4 500 tonnes : ' Egypt 535                  1 . The prices offered must be expressed in the
        PX/Wheat flour/Alexandria/Gift of the EEC/           currency of the Member State in which the invitation
                                                             to tender was issued .
        Action of the World Food Programme' ;
    — lot No 4 — 100 tonnes : ' North Yemen 501
                                                             2. Tenders must in particular mention the Member
        PX/Wheat flour/ Hodeidah/Gift of the EEC/Ac­
                                                             State in which the tenderer, in the event of his being
        tion of the World Food Programme' ;                  declared successful, expects to complete the customs
    — lot No 5 — 1 524 tonnes : 'Egypt 2046/Wheat            export formalities for the products concerned.
        flour/Alexandria/Gift of the EEC/Action of the
        World Food Programme' ;                              3 . For the purpose of rendering the tenders compar­
                                                             able, the prices shall be corrected by the monetary
    — lot No 6 — 400 tonnes : Madagascar 700/Fa­             compensatory amount applicable on the closing date
        rine de froment/Tamatave/ Don de la CEE/Ac­
                                                             for submission of tenders to exports from the Member
        tion du Programme alimentaire mondial' ;             State mentioned in the tender pursuant to paragraph
    — lot    No   7 — 75     tonnes :   Lesotho  544 X       2.
        2/Wheat flour/East London/Gift of the EEC/
        Action of the World Food Programme' ;                Such correction shall be made by :
    — lot    No   8  — 75    tonnes : ' Lesotho  544 X
        2/Wheat flour/ Durban/Gift of the EEC/Action
                                                             — increasing prices which mention a Member State
                                                                  whose currency has depreciated,
        of the World Food Programme' ;
    — lot    No   9 — 60     tonnes : ' Lesotho  544 X
                                                             — reducing prices which mention a Member State
                                                                  whose currency has been revalued.
        2/Wheat flour/East London/Gift of the EEC/
        Action of the World Food Programme' ;
                                                             The monetary compensatory amount shall, where
    — lot No 10 — 60 tonnes ; ' Lesotho 544 X                appropriate, be converted into the currency of the
        2/Wheat flour/Durban/Gift of the EEC/Action          Member State in which the invitation to tender is
        of the World Food Programme' ;                       issued using :
    — lot No      11 — 60 tonnes : 'Lesotho 544 X
                                                             — in the case when the currencies concerned are
        2/Wheat flour/ East London/Gift of the EEC/
                                                                  kept at any given moment within a band of
        Action of the World Food Programme' ;                     2-25 % , a conversion rate resulting from their
    — lot No      12 — 60 tonnes : ' Lesotho 544 X                central rate,
         2/Wheat flour/Durban/Gift of the EEC/Action
                                                             — in the other cases, the average of the spot rates of
        of the World Food Programme'.                             the currencies concerned recorded in the Member
                                                                  State in which the invitation to tender is issued
To allow for the possibility of re-bagging, the                   during a period from the Wednesday of one week
successful tenderer shall supply 2 % of new empty                 to the Tuesday of the following week being the
sacks, of the same quality as those containing the                period immediately preceding the closing date for
                                                                  submission of tenders .
goods but with the printing followed by a capital
letter 'R'.
                                                                                     Article 4
                        Article 2
                                                              The contract shall be awarded to the tenderer offering
                                                              the best terms, taking into consideration the adjust­
 1 . The award of the contract shall take place on 16         ment referred to in Article 3 (3).
 February 1979 .
                                                              However, if the tenders submitted do not appear to
 2. The closing date for submission of tenders shall          reflect normal market prices and costs, the interven­
 be 16 February 1979 at 12 noon .                             tion agency may cancel the invitation to tender.
 ---pagebreak--- 3 . 2 . 79                           Official Journal of the European Communities                           No L 29/7
                           Article 5                            2.     It shall forthwith communicate to the Commis­
                                                                sion the list of firms which have responded to the invi­
If the tenderer is unable to deliver the goods in              tation to tender, specifying the terms of each tender,
compliance with Article 1 (3) on the date given in the         together with the name and business name of the
notice of invitation to tender as a result of the late
                                                               successful tenderer.
availability of the vessels to be used for sea transporta­
tion , resulting costs shall be borne by the intervention       3 . Where the customs export formalities for the
agency.                                                        mobilized product are completed in a Member State
                                                               other than that in which the invitation to tender is
                           Article 6                           issued, the intervention agency of the latter Member
                                                               State shall be responsible for the operations following
1 . The tenderer shall give security in an amount of           tendering, including payment to the successful
10 units of account per tonne of goods.                        tenderer.
It shall be released :
                                                               In such case, the intervention agency choosing the
— in the case of all tenderers whose tenders are
                                                               successful tenderer shall immediately inform the inter­
     unsuccessful or are not accepted,                         vention agency of the Member State concerned and
— in the case of the successful tenderer, when the             shall supply it with all the information which it may
     operations concerned have been carried out within         require.
    the prescribed time limit and on submission of
    the original export licence duly granted and               Furthermore, the amount of the successful tender
    endorsed by the competent authorities of the               shall be paid after it has been converted using the
    Member State mentioned in the tender pursuant              average of the spot rates referred to in the second
     to Article 3 (2),                                         subparagraph of Article 3 (3) to the tenderer in the
— in the case of the successful tenderer, for quanti­          currency of the Member State in which the operations
    ties not supplied by reason of force majeure.              relating to the tendering are completed.
2. The security required under paragraph 1 may be              4. The intervention agency shall request the
provided in the form of a cash deposit or of a                 successful tenderer to supply the following informa­
guarantee issued by a credit institution conforming to         tion :
criteria laid down by each Member State.
                                                               (a) after each shipment a certificate showing the quan­
                          Article 7                                 tities dispatched and the quality of the products ;
1 . The goods referred to in Article 1 must meet the           (b) the date of departure of the vessels.
following requirements :                                       The information indicated above shall be forwarded
common wheat flour :                                           by the intervention agency to the Commission imme­
— moisture content : 14% maximum,
                                                               diately upon receipt.
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­              5. When the agency responsible for the operations
    lated on the dry matter),                                  relating to tendering is not the intervention agency
— ash content : 0-52 % maximum on the dry matter.              which appoints the successful tenderer, it shall send as
                                                               soon as possible to the latter the information neces­
If the goods referred to in Article 1 do not meet the          sary for releasing the security.
foregoing requirements they shall be rejected and the
successful tenderer shall be owner thereof.
                                                                                         Article 9
2. Tenders for supply of the goods referred to in
Article 1 ( 1 ) must relate to products with the following
characteristics :                                              On delivery of the goods at the port of shipment, a
                                                               handing-over certificate shall be supplied to the
common wheat flour :                                           successful tenderer, acting as agent for the Commu­
— moisture content : 14% maximum,                              nity, by the agent of the recipient country or, in the
                                                               absence of the latter, by the intervention agency of the
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­              Member State in whose territory the port of shipment
    lated on the dry matter),                                  is situated.
— ash content : 0-52 % maximum on the dry matter.
                          Article 8                                                     Article 10
1 . The German intervention agency shall be respon­            This Regulation shall enter into force on the day of its
sible for operations relating to the invitation to tender      publication in the Official Journal of the European
provided for by this Regulation .                              Communities.
 ---pagebreak--- No L 29 / 8                    Official Journal of the European Communities                        3 . 2. 79
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 2 February 1979 .
                                                                   For the Commission
                                                                    Finn GUNDELACH
                                                                       Vice-President