CELEX: 31978R2960
Language: en
Date: 1978-12-15 00:00:00
Title: Commission Regulation (EEC) No 2960/78 of 15 December 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for Somalia

16. 12. 78                             Official Journal of the European Communities                             No L 352/ 17
                                   COMMISSION REGULATION (EEC) No 2960/78
                                                    of 15 December 1978
              opening an invitation to tender for the mobilization of common wheat flour as
                                                    food aid for Somalia
THE COMMISSION OF THE EUROPEAN                                    Whereas provision should be made for security to be
COMMUNITIES,                                                      given to guarantee fulfilment of the obligations arising
                                                                  by virtue of participation in the invitation to tender ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas the Italian intervention agency should be
                                                                  made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                Whereas the Commission must be informed quickly
tion of the market in cereals ( ! ), as last amended by           of the tenders submitted in response to the invitation
Regulation (EEC) No 1254/78 (2),                                  and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                      Whereas the Monetary Committee will be consulted ;
2750/75 of 29 October 1975 laying down the condi­                 whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid (3), and        aged should be adopted in accordance with the condi­
in particular Article 6 thereof,                                  tions laid down in Article 3 (2) of Council Regulation
                                                                  No 129 on the value of the unit of account and the
Whereas on 30 January 1978 the Council of the Euro­               exchange rates to be applied for the purposes of the
pean Communities declared that it proposed, by way                common agricultural policy (4), as last amended by
of Community action, to grant the equivalent of                   Regulation (EEC) No 2543/73 (5), and in particular
                                                                  Article 3 thereof ;
11 500 tonnes of common wheat (in other words
7 616 tonnes of common wheat flour) to Somalia
under its 1977/78 food-aid programme ;                            Whereas the measures provided for in this Regulation
                                                                  are in accordance with the opinion of the Manage­
                                                                  ment Committee for Cereals ,
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                  HAS ADOPTED THIS REGULATION :
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 ;                                                       Article 1
Whereas tenders may be submitted by tenderers esta­                1 . Tenders are hereby invited for the supply, by
blished in any Member State of the Community and                  way of Community food-aid action to Somalia, of
                                                                  7 616 tonnes of common wheat flour.
rriay 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             2. The tendering procedure shall take place in Italy
that the tenders are as comparable as possible, account           in one lot. The product shall be mobilized on the
should be taken of the effect on each tender of the               Community market. The product shall be loaded for
 currency situation in the Member State in which the              departure from any Community port.
 customs export formalities will be completed ;
                                                                  3 . The product referred to in paragraph 1 is to be
Whereas     the  contract should         be  awarded  to the      delivered in new jute sacks of a net capacity of 50 kilo­
 tenderer offering the best terms ;                               grams to the port of shipment in the vicinity of the
                                                                  vessel . The goods must be set down at the place nomi­
Whereas in case it should be impossible for reasons of             nated by the recipient country or its agent, the timing
force majeure to complete the operation in question                of delivery being settled by the tenderer and the recip­
within the set time limits, it must be made clear who              ient country's agent.
 is to bear any costs resulting therefrom ;
                                                                   Minimum weight of the sacks shall be 600 grams.
 0) OJ No L 281 , 1 . 11 . 1975, p. 1 .
 (2) OJ No L 156, 14. 6 . 1978 , p. 1 .                            (<) 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 352/ 18                      Official Journal of the European Communities                             16. 12. 78
4.     The following shall be printed on the sacks :             during a period from the Wednesday of one week
                                                                 to the Tuesday of the following week being the
'Wheat flour / Gift of the European Economic
                                                                 period immediately preceding the closing date for
Community to Somalia / For free distribution'.                   submission of tenders .
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                                    Article 4
sacks, of the same quality as those containing the
goods but with the printing followed by a capital           The contract shall be awarded to the tenderer offering
letter 'R\                                                   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
                                                             reflect normal market prices and costs, the interven­
 1 . The decision on tenders received in response to        tion agency may cancel the invitation to tender.
the invitation provided for in Article 1 shall be taken
on 4 January 1979.
                                                                                     Article 5
2. The closing date for submission of tenders shall
be 4 January 1979 at noon .                                  If the tenderer is unable to deliver the goods in
                                                            compliance with Article 1 (3) on the date given in the
3.     The   notice of invitation to   tender shall  be     notice of invitation to tender as a result of the late
published in the Official Journal of the European           availability of the vessels to be used for sea transporta­
Communities not less than nine days before the              tion, the resulting costs shall be borne by the interven­
closing date for submission of tenders.                     tion agency.
                                                                                     Article 6
                        Article 3
                                                             1 . The tenderer shall give security of a value of 10
1.     The prices offered must be expressed in the          units of account per tonne of goods.
currency of the Member State in which the invitation
to tender was issued .                                      It shall be released :
2. Tenders must in particular mention the Member            — in the case of all tenderers whose tenders are
State in which the tenderer, in the event of his being           unsuccessful or are not accepted,
declared successful, expects to complete the customs        — in the case of the successful tenderer, when the
export formalities for the products concerned.                   operations concerned have been carried out within
                                                                 the prescribed time limit and on submission of
3. For the purpose of rendering the tenders compar­              the original export licence duly granted and
able, the prices shall be corrected by the monetary              endorsed by the competent authorities of the
compensatory amount applicable on the closing date               Member State mentioned in the tender pursuant
for submission of tenders to exports from the                    to Article 3 (2),
Member State mentioned in the tender pursuant to
paragraph 2.                                                — in the case of the successful tenderer for quantities
                                                                 not supplied by reason of force majeure.
Such correction shall be made by :
                                                            2. The security required under paragraph 1 may be
— increasing prices which mention a Member State            provided in the form of a cash deposit or of a
    whose currency has depreciated or a new Member          guarantee issued by a credit institution conforming to
     State,                                                 criteria laid down by each Member State.
— reducing prices which mention a Member State
    whose currency has been revalued.                                                Article 7
The monetary compensatory amount shall, where                1.    The common wheat flour referred to in Article 1
appropriate, be converted into the currency of the          to be supplied to Somalia must meet the following
Member State in which the invitation to tender is           requirements :
issued using :
                                                            — moisture : 14% maximum,
— in the case when the currencies concerned are
                                                            — protein content : 10-5 % minimum (N x 6-25 on
     kept at any given moment within a band of                   dry matter),
     2-25 % a conversion rate resulting from their
    central rate,                                           — ash content : 0-52 % maximum referred to dry
                                                                 matter.
— in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member        Flour not meeting these requirements shall be
     State in which the invitation to tender is issued      refused .
 ---pagebreak--- 16. 12. 78                        Official Journal of the European Communities                           No L 352/ 19
2.    Tenders for supply to Somalia of the common            average of the spot rates referred to in the second
wheat flour referred to in Article 1 must be relate to a     subparagraph of Article 3 (3) to the tenderer in the
product with the following characteristics :                 currency of the Member State in which the operations
— moisture : 14 % maximum,                                   relating to the tendering are completed.
— protein content : 10-5 % minimum (N x 6-25 on              4. The intervention agency shall request the
    dry matter),                                             successful tenderer to supply the following informa­
— ash content : 0*52 % maximum referred to dry               tion :
    matter.
                                                             (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
                        Article 8                            (b) the date of departure of the vessels.
1 . The Italian intervention agency shall be respon­         The information indicated above shall be forwarded
sible for the operations relating to the invitation to       by the intervention agency to the Commission imme­
tender provided for by this Regulation .                     diately upon receipt.
2.    It shall forthwith communicate to the Commis­           5. When the intervention agency responsible for
sion the list of firms which have responded to the invi­      the operations relating to tendering is not the interven­
tation to tender, specifying the terms of each tender,        tion agency which appoints the successful tenderer, it
together with the name and business name of the               shall send as soon as possible to the latter the informa­
successful tenderer.                                          tion necessary for releasing the security.
3. Where the customs export formalities for the
                                                                                       Article 9
mobilized product are completed in a Member State
other than that in which the invitation to tender is
                                                              On delivery of the goods at the port of shipment, a
issued, the intervention agency of the latter Member          handing-over certificate shall be supplied to the
State shall be responsible for the operations following       successful tenderer, acting as agent for the Commu­
tendering, including payment to the successful                nity, by the agent of the recipient country, or in the
tenderer.
                                                              absence of the latter by the intervention agency of the
In this case, the intervention agency choosing the            Member State in whose territory the port of shipment
                                                              is situated.
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and
shall supply it with all the information which it may                                 Article 10
require.
                                                              This Regulation shall enter into force on the day of its
Furthermore, the amount of the successful tender              publication in the Official Journal of the European
shall be paid after it has been converted using the            Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 15 December 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President