CELEX: 31979R2017
Language: en
Date: 1979-09-14 00:00:00
Title: Commission Regulation (EEC) No 2017/79 of 14 September 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for Jibuti

No L 233/ 10                             Official Journal of the European Communities                            15 . 9 . 79
                                   COMMISSION REGULATION ( EEC) No 2017/79
                                                     of 14 September 1979
              opening an invitation to tender for the mobilization of common wheat flour as
                                                       food aid for Jibuti
THE COMMISSION OF THE EUROPEAN                                     that the tenders are as comparable as possible, account
COMMUNITIES,                                                       should be taken of the effect on each tender of the
                                                                   currency situation in the Member State in which the
Having regard to the Treaty establishing the European              customs export formalities will be completed ;
Economic Community,
                                                                   Whereas the award under the invitation to tender
Having regard to Council Regulation (EEC) No                       must be made in favour of the tenderer offering the
2727/75 of 29 October 1975 on the common organiza­                 best terms ;
tion of the market in cereals ('), as last amended by
Regulation (EEC) No 1 547/79 (2),                                  Whereas, should force majeure make it impossible to
                                                                   complete the operation in question within the time
Having regard to Council Regulation (EEC) No                       limits specified, it must be made clear who is to bear
2750/75 of 29 October 1975 laying down the condi­                  the liability for any resulting costs ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                   Whereas provision should be made for security to be
                                                                   given for the purpose of guaranteeing that the obliga­
Having regard to Council Regulation No 129 on the                  tions arising by virtue of participation in the invita­
value of the unit of account and the exchange rates to             tion to tender for supplies to Jibuti will be fulfilled ;
be applied for the purposes of the common agricul­
tural policy (4), as last amended by Regulation (EEC)              Whereas the Belgian intervention agency should be
No 2543/73 (5), and in particular Article 3 thereof,               made responsible for the tendering procedure ;
Having regard to the opinion of the Monetary                       Whereas the Commission must be informed quickly
Committee,
                                                                   of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
Whereas on 8 May 1979 the Council of the European
Communities declared that it proposed, by way of                   Whereas the measures provided for in this Regulation
Community action , to grant the equivalent of 749                  are in accordance with the opinion of the Manage­
tonnes of common wheat (in other words 496 tonnes                  ment Committee for Cereals,
of common wheat flour) to Jibuti under its 1978 /79
food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                    HAS ADOPTED THIS REGULATION :
anywhere on the Community market ;
Whereas the proposed invitation to tender should be                                        Article 1
for supply of the products delivered to Jibuti, that is
at the moment when the goods are actually placed on
the quay or in the lighter where applicable ;                       1.   Tenders are hereby invited for the supply to
                                                                   Jibuti, by way of Community action, of 496 tonnes of
                                                                    common wheat flour.
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
may relate to products mobilized anywhere within                    2. The tendering procedure shall take place in
those Member States, whereas, in view of the currency               Belgium in one lot.
situation in the Member States and in order to ensure
                                                                    3.   The products shall be mobilized on the Commu­
( 1) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 188, 25. 7. 1979, p. 1 .                                nity market.
(J) OJ No L 281 , 1 . 11 . 1975, p. 89.
(«) OJ No 106, 30. 10. 1962, p. 2553/62.
(>\ OI No L 263 . 19 . 9 . 1973 , p. 1 .                            4.   Shipment shall be from a Community port.
 ---pagebreak--- 15. 9 . 79                          Official Journal of the European Communities                          No L 233 / 11
5.     The invitation to tender provided for in para­         — reducing prices which mention a Member State
graph 1 is for supply of products delivered to Jibuti,              whose currency has been revalued .
that is at the moment when the goods are actually
placed on the quay or in the lighter where applicable.        The monetary compensatory amount shall, where
                                                              appropriate, be converted into the currency of the
6. The successful tenderer shall deliver the product          Member State in which the invitation to tender is
specified in paragraph 1 in new jute sacks lined with          issued using :
cotton sacks of a net capacity of 50 kilograms.
                                                              — in the case when the currencies concerned are
The following shall be printed on the sacks :                       kept at any given moment within a band of
                                                                    2-25 % , a conversion rate resulting from their
' Farine de froment / Don de la Communauté écono­                   central rate,
mique européenne à la république de Djibouti'.
                                                               — in the other cases, the average of the spot rates of
                                                                    the currencies concerned recorded in the Member
To allow for the possibility of re-bagging, the                     State in which the invitation to tender is issued
successful tenderer shall supply 2 % of new empty                   during a period from the Wednesday of one week
sacks, of the same quality as those containing the                   to the Tuesday of the following week being the
goods but with the printing followed by a capital                    period immediately preceding the closing date for
 letter ' R'.                                                        submission of tenders .
                          Article 2
                                                                                         Article 4
 1.    The decision on tenders received in response to
 the invitation provided for in Article 1 shall be taken       The contract shall be awarded to the tenderer offering
 on 27 September 1979 .                                        the best terms, taking into consideration the adjust­
                                                               ment referred to in Article 3 (3).
 2. The closing date for the submission of tenders
 shall be 27 September 1979 at 12 noon .                        However, if the tenders submitted do not appear to
                                                                reflect normal market prices and costs, the interven­
                                                               tion agency may cancel the invitation to tender.
 3.    The notice of invitation to tender shall be
 published in the Official Journal of the European
 Communities not less than nine days before the
 closing date for the submission of tenders.                                             Article 5
                                                                1 . The tenderer shall give security in an amount of
                          Article 3                             12 ECU per tonne of goods.
  1 . The prices offered must be expressed in the               It shall be released :
  currency of the Member State in which the invitation
  to tender was issued .                                        — in the case of all tenderers whose tenders are
                                                                      unsuccessful or are not accepted,
  2.    Tenders must in particular mention the Member           — in the case of the successful tenderer, when the
  State in which the tenderer, in the event of his being              operations concerned have been carried out within
  declared successful, expects to complete the customs                the prescribed time limit and on submission of
  export formalities for the products concerned.                      the original export licence duly granted and
                                                                      endorsed by the competent authorities of the
  3. For the purpose of rendering the tenders compar­                 Member State mentioned in the tender pursuant
  able, the prices shall, where appropriate, be corrected             to Article 3 (2),
  by the monetary compensatory amount applicable on             — in the case of the successful tenderer, for quanti­
  the closing date for submission of tenders to exports               ties not supplied by reason of force majeure.
  from the Member State mentioned in the tender
  pursuant to paragraph 2. Such correction shall be
  made by :                                                      2. The security required under paragraph 1 may be
                                                                 provided in the form of a cash deposit or of a
  — increasing prices which mention a Member State               guarantee issued by a credit institution conforming to
      whose currency has depreciated,                            criteria laid down by each Member State .
 ---pagebreak---  No L 233 / 12                      Official Journal of the European Communities                               15 . 9 . 79
                          Article 6                            vention agency of the Member State concerned and
 1.    The common wheat flour referred to in Article 1         shall supply it with all the information which it may
                                                               require .
 to be supplied to Jibuti must meet the following re­
 quirements :                                                  Furthermore; the amount of the successful tender
— moisture : 12 % maximum ,                                   shall be paid after it has been converted using the
                                                              average of the spot rates referred to in the second
— protein content : 10-5 % minimum (N x 6 25 on               subparagraph of Article 3 (3) to the tenderer in the
     dry matter),
                                                              currency of the Member State in which the operations
— ash content : 0 52 % maximum referred to dry                relating to the tendering are completed .
     matter .
                                                              4. The intervention agency shall ask that the
 Flour not meeting these requirements shall be                tenderer specifies the following information :
refused .
                                                              (a) after each shipment, a statement giving details of
2.     Tenders for supply to Jibuti of the common                  the quantities loaded, the quality of the products
wheat flour referred to in Article 1 must relate to a              and their packaging ;
product with the following characteristics :                  (b) the date of the departure of the ships and the
— moisture : 12% maximum ,                                        expected date of arrival of the products at their
                                                                  destination ;
— protein content : 105 % minimum (N x 625 on
     dry matter),                                             (c) all possible contingencies which might occur
                                                                  during transportation of the products .
— ash content : 0-52 % maximum referred to dry
     matter .                                                 The intervention agency shall transmit the informa­
                                                              tion provided for to the Commission as soon as it is
                         Article 7                            received .
1 . The Belgian intervention agency shall be respon­          5. When the intervention agency responsible for
sible for the operations relating to the invitation to        the operations relating to tendering is not the interven­
tender provided for by this Regulation .                      tion agency which appoints the successful tenderer, it
                                                              shall send as soon as possible to the latter the informa­
2.     It shall forthwith communicate to the Commis­          tion necessary for releasing the security.
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,                                 Article 8
together with the name and business name of the
successful tenderer.                                          As regards this tender, the intervention agency is auth­
                                                              orized to make an initial payment of 80 % of the
3 . Where the customs export formalities for the              value of the quantity given in the bill of lading, on
mobilized product are completed in a Member State             presentation of that document and subject to the
other than that in which the invitation to tender is          taking of a security for an amount equal to the initial
issued, the intervention agency of the latter Member          payment .
State shall be responsible for the operations following
tendering, including payment to the successful                                         Article 9
tenderer.
                                                              This Regulation shall enter into force on the day of its
In such case, the intervention agency choosing the            publication in the Official Journal of the European
successful tenderer shall immediately inform the inter­       Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 14 September 1979 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President