CELEX: 31978R2170
Language: en
Date: 1978-09-15 00:00:00
Title: Commission Regulation (EEC) No 2170/78 of 15 September 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Central African Empire

16. 9 . 78                             Official Journal of the European Communities                        No L 254/21
                                  COMMISSION REGULATION (EEC) No 2170/78
                                                    of 15 September 1978
              opening an invitation to tender for the mobilization of common wheat flour as
                                         food aid for the Central African Empire
THE COMMISSION OF THE EUROPEAN                                    by virtue of participation in the invitation to tender
COMMUNITIES,                                                      for the supply of goods to the Central African
                                                                  Empire ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas the French intervention agency should be
                                                                  made responsible for the tendering procedure in ques­
Having regard to Council Regulation (EEC) No                      tion ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (*), as last amended by             Whereas the Commission must be informed quickly
Regulation (EEC) No 1254/78(2),                                   of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                 Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), and
                                                                  whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,                                  aged should be adopted in accordance with the condi­
                                                                  tions laid down in Article 3 (2) of Council Regulation
Whereas on 8 February 1978 the Council of the Euro­               No 129 on the value of the unit of account and the
pean Communities declared that by way of Commu­                   exchange rates to be applied for the purposes of the
nity action it proposed to grant the Republic of Sri              common agricultural, policy (4), as last amended by
Lanka the equivalent of 1 000 tonnes of common                    Regulation (EEC) No 2543/73 (5), and in particular
wheat, in the form of flour, i.e. 662 tonnes of common            Article 3 thereof ;
wheat flour, under its 1976/77 food-aid 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 the proposed invitation to tender should be
for supply of the products delivered to Bangui ;
                                                                  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 662 tonnes of common wheat flour to
should be taken of the effect on each tender of the
                                                                  the Central African Empire by way of Community
currency situation in the Member State in which the               food-aid action .
customs export formalities will be completed ;
Whereas     the contract     should     be   awarded  to  the     2.     The tendering procedure shall take place in
                                                                  France in one lot. The product shall be mobilized on
tenderer offering the best terms ;
                                                                  the Community market. The product shall be loaded
                                                                  for departure from any Community port.
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question
within the set time limits, it must be made clear who             3 . The invitation to tender provided for in para­
is to bear any costs resulting therefrom ;                        graph 1 is for supply of products delivered to Bangui .
Whereas provision should be made for security to be               4. The product shall be delivered in new jute sacks
given to guarantee fulfilment of the obligations arising          of 50 kilograms net weight lined with sacks of six-ply
                                                                  Clupak paper.
(!) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 1 .                              (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 254/ 22                      Official Journal of the European Communities                            16. 9 . 78
5.     The following shall be printed on the sacks :             to the Tuesday of the following week being the
' Farine de froment — Don de la Communauté écono­                period immediately preceding the closing date for
                                                                 submission of tenders .
mique européenne à l'Empire centrafricain'.
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
                                                                                    Article 5
on 29 September 1978 .
2.     The closing date for submission of tenders shall      1 . The tenderer shall give security of a value of 10
be 29 September 1978 at 12 noon .                           units of account per tonne of goods.
                                                             It shall be released :
3.     The   notice of invitation to tender shall be
published in the Official Journal of the European           — in the case of all tenderers whose tenders are
 Communities not less than nine days before the                  unsuccessful or are not accepted,
closing date for submission of tenders.                     — in the case of the successful tenderer, when the
                                                                 operations concerned have been carried out within
                        Article 3                                the prescribed time limit and on submission of
                                                                 the original export licence duly granted and
 1.    The prices offered must be expressed in the               endorsed by the competent authorities of the
currency of the Member State in which the invitation             Member State mentioned in the tender pursuant
to tender was issued.                                            to Article 3 (2),
                                                            — in the case of the successful tenderer for quantities
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being           not supplied by reason of force majeure.
declared successful, expects to complete the customs         2. The security required under paragraph 1 may be
export formalities for the products concerned.               provided in the form of a cash deposit or of a
                                                            guarantee issud by a credit institution conforming to
3 . For the purpose of rendering the tenders compar­         criteria laid down by each Member State.
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount applicable on
the closing date for submission of tenders to exports                               Article 6
from the Member State mentioned in the tender
pursuant to paragraph 2.                                     1 . The goods referred to in Article 1 which are to
                                                             be supplied to the Central African Empire must meet
Such correction shall be made by :                           the following requirements :
— increasing prices which mention a Member State             — moisture : 14 % maximum,
     whose currency has depreciated or a new Member          — protein content : 10-5 % minimum (N x 6-25 on
     State,                                                      dry matter),
— reducing prices which mention a Member State               — ash content : 0-52 % maximum referred to dry
     whose currency has been revalued.                           matter.
The monetary compensatory amount shall, where                If the goods referred to in Article 1 do not meet the
appropriate, be converted into the currency of the           foregoing requirements they shall be rejected and the
Member State in which the invitation to tender is            successful tenderer shall be owner thereof.
 issued using :
                                                             2. Tenders for supply to the Central African
— in the case when the currencies concerned are
                                                             Empire of the goods referred to in Article 1 must
     kept at any given moment within a band of               relate to products with the following characteristics :
     2-25 % , a conversion rate resulting from their
     central rate,                                           — moisture : 14 % maximum,
— in the other cases, the average of the spot rates of       — protein content : 10*5 % minimum (N x 6-25 on
     the currencies concerned recorded in the Member             dry matter),
     State in which the invitation to tender is issued       — ash content : 0-52 % maximum referred to dry
     during a period from the Wednesday of one week              matter.
 ---pagebreak---  16. 9 . 78                         Official Journal of the European Communities                          No L 254/23
                         A rticle 7                           (a) after each shipment a certificate showing the quan­
 L The French intervention agency shall be respon­
                                                                  tities dispatched and the quality of the products ;
sible for organizing the invitation to tender provided        (b) the date of the departure of the ships and the esti­
for by this Regulation .                                          mated date of arrival of the products at their desti­
                                                                  nation ;
2.     It shall forthwith communicate to the Commis­
sion the list of firms which have responded to the invi­      (c) all possible contingencies which might occur
tation to tender, specifying the terms of each tender             during transportation of the products.
together with the name and business name of the
successful tenderer.                                          The information indicated above shall be forwarded
                                                              by the intervention agency to the Commission imme­
3. Where the customs export formalities for the               diately upon receipt.
mobilized product are completed in a Member State
other than that in which the invitation to tender is          5. When the intervention agency responsible for
issued, the intervention agency of the latter Member          the operations relating to tendering is not the interven­
State shall be responsible for the operations following       tion agency which appoints the successful tenderer, it
tendering, including payment to the successful                shall send as soon as possible to the latter the informa­
tenderer.                                                     tion necessary for releasing the security.
In this case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­                               Article 8
vention agency of the Member State concerned and
shall supply it with all the information which it may         As regards this tender, the intervention agency is auth­
require.                                                      orized to make an initial payment of 80 % of the
                                                              value of the quantity given in the bill of lading, on
Furthermore, the amount of the successful tender              presentation of that document and subject to the
shall be paid after it has been converted using the           taking of a security for an amount equal to the inital
average of the spot rates referred to in the second           payment.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
relating to the tendering are completed.                                              Article 9
4. The intervention agency shall request the                  This Regulation shall enter into force on the day of its
successful tenderer to supply the following informa­          publication in the Official Journal of the European
tion :                                                        Communities.
               This Regulation shall be binding in its entirety an'd directly applicable in all Member
               States .
               Done at Brussels, 15 September 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President