CELEX: 31978R2699
Language: en
Date: 1978-11-17 00:00:00
Title: Commission Regulation (EEC) No 2699/78 of 17 November 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

No L 324/22                            Official Journal of the European Communities                           18 . 11 . 78
                                  COMMISSION REGULATION (EEC) No 2699/78
                                                   of 17 November 1978
              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                                    majeure the operation in question is not completed
COMMUNITIES,                                                     within the time stipulated ;
 Having regard to the Treaty establishing the European           Whereas provision should be made for security to be
 Economic Community,                                             given to guarantee fulfilment of obligations arising by
                                                                 virtue of participation in the invitation to tender ;
 Having regard to Council Regulation (EEC) No
 2727/75 of 29 October 1975 on the common organiza­              Whereas the Belgian intervention agency should be
tion of the market in cereals (*), as last amended by            made responsible for organizing the invitation to
Regulation (EEC) No 1254/78 (2),                                 tender ;
Having regard to Council Regulation (EEC) No                     Whereas it is important that the Commission be
2750/75 of 29 October 1975 laying down the condi­                informed without delay of the tenders submitted in
tions for the mobilization of cereals as food aid (3), and       response to the invitation and of those accepted by
in particular Article 6 thereof,                                 the intervention agency ;
Whereas on 30 January 1978 the Council of the Euro­              Whereas the Monetary Committee will be consulted ;
pean Communities declared that by way of Commu­                  whereas, in view of the urgency, the measures envis­
nity action it proposed to grant the World Food                  aged should be adopted in accordance with the condi­
Programme the equivalent of 5 000 tonnes of                      tions laid down in Article 3 (2) of Council Regulation
                                                                  No 129 on the value of the unit of account and the
common wheat, in the form of flour (i.e. 3 311 tonnes
of common wheat flour) under its 1977/78 food-aid                exchange rates to be applied for the purposes of the
                                                                 common agricultural policy (4), as last amended by
programme ;
                                                                 Regulation (EEC) No 2543/73 (5), and in particular
                                                                 Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                 Whereas the measures provided for in this Regulation
anywhere on the Community market ;                               are in accordance with the opinion of the Manage­
                                                                 ment Committee for Cereals,
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 ;                            HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                                         Article 1
may 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             1 . Tenders are hereby invited for the supply by way
that the tenders are as comparable as possible, account          of Community action to the World Food Programme
should be taken of the effect on each tender of the              of 3 311 tonnes of common wheat flour.
currency situation in the Member State in which the
customs export formalities will be completed ;                   2. The tendering procedure shall take place in the
                                                                 Kingdom of Belgium and shall be in respect of a
Whereas     the contract should be awarded           to the      single lot.
tenderer who makes the best offer ;
                                                                 3. The goods shall be mobilized on the Commu­
Whereas it must be made clear who is to bear any                 nity market.
costs which arise in the event that for reasons of force
                                                                 4.    Shipment shall be from Antwerp.
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 .                         M OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- 18 . 11 . 78                       Official Journal of the European Communities                       No L 324/23
5. The product referred to in paragraph 1 to be              Member State in which the invitation to tender is
delivered in new jute sacks of a net capacity of 50 kilo­    issued using :
grams to the port of shipment in the vicinity of the
                                                             — in the case when the currencies concerned are
vessel. The goods must be set down at the place nomi­
nated by the recipient country or its agent, the timing           kept at any given moment within a band of
of delivery being settled by the tenderer and the recip­          2-25 % , a conversion rate resulting from their
ient country's agent.                                             central rate,
                                                             — in the other cases, the average of the spot rates of
Minimum weight of sacks : 600 grams.                              the currencies concerned recorded in the Member
                                                                  State in which the invitation to tender is issued
The following shall be printed on the sacks :                     during a period from the Wednesday of one week
' 1137 EM / Wheat flour / Ho Chi Minh ville / Gift of             to the Tuesday of the following week being the
the European Economic Community / Action of the                   period immediately preceding the closing date for
World Food Programme'.                                            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 award of the contract shall take place on 1
December 1978 .                                               tion agency may cancel the invitation to tender.
2.    The closing date for submission of tenders shall
be 1 December 1978 at 12 noon .                                                      Article 5
3.    The notice of invitation to tender shall be             1 . The tenderer shall give security in an amount of
published in the Official Journal of the European             10 units of account per tonne of goods.
Communities not less than nine days before the
closing date for submission of tenders.                       It shall be released :
                                                             — in the case of all tenderers whose tenders are
                        Article 3                                 unsuccessful or are not accepted,
                                                             — in the case of the successful tenderer, when the
1 . The prices offered must be expressed in the                   operations concerned have been carried out within
currency of the Member State in which the invitation              the prescribed time limit and on submission of
to tender was issued.
                                                                  the original export licence duly granted and
2. Tenders must in particular mention the Member                  endorsed by the competent authorities of the
State in which the tenderer, in the event of his being            Member State mentioned in the tender pursuant
declared successful, expects to complete the customs              to Article 3 (2),
export formalities for the products concerned.               — in the case of the successful tenderer, for quanti­
                                                                  ties not supplied by reason of force majeure.
3. For the purpose of rendering the tenders compar­
able, the prices shall be corrected by the monetary           2. The security required under paragraph 1 may be
compensatory amount applicable on the closing date            provided in the form of a cash deposit or of a
for submission of tenders to exports from the Member         guarantee issued by a credit institution conforming to
State mentioned in the tender pursuant to paragraph          criteria laid down by each Member State.
2.
Such correction shall be made by :                                                   Article 6
— increasing prices which mention a Member State
    whose currency has depreciated or a new Member            1 . The goods referred to in Article 1 must meet the
    State,                                                    following requirements :
— reducing prices which mention a Member State               — moisture content : 1 5 % maximum,
    whose currency has been revalued.
                                                             — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
The monetary compensatory amount shall, where                     lated on the dry matter),
appropriate, be converted into the currency of the           — ash content : 0-52 % maximum on the dry matter.
 ---pagebreak--- No L 324/24                        Official Journal of the European Communities                             18 . 11 . 78
If the goods referred to in Article 1 do not meet the         average of the spot rates referred to in the second
foregoing requirements they shall be rejected and the         subparagraph of Article 3 (3) to the tenderer in the
successful tenderer shall be owner thereof.                   currency of the Member State in which the operations
                                                              relating to the tendering are completed.
2. Tenders for supply of the goods referred to in
Article 1 must relate to products with the following          4. The intervention agency shall request the
characteristics :
                                                              successful tenderer to supply the following informa­
— moisture content : 1 5 % maximum,                           tion :
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­             (a) after each shipment a certificate showing the quan­
     lated on the dry matter),                                    tities dispatched and the quality of the products ;
— ash content : 0-52 % maximum on the dry matter.             (b) the date of departure of the vessels.
                         Article 7                            The information indicated above shall be forwarded
                                                              by the intervention agency to the Commission imme­
1 . The Belgian intervention agency shall be respon­          diately upon receipt.
sible for operations relating to the invitation to tender
provided for by this Regulation.                              5. When the agency responsible for the operations
2.     It shall forthwith communicate to the Commis­          relating to tendering is not the intervention agency
sion the list of firms which have responded to the invi­      which appoints the successful tenderer, it shall send as
tation to tender, specifying the terms of each tender,        soon as possible to the latter the information neces­
together with the name and business name of the               sary for releasing the security.
successful tenderer.
                                                                                      Article 8
3. Where the customs export formalities for the
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
                                                              Member State in whose territory the port of shipment
In such case, the intervention agency choosing the            is situated.
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and
                                                                                      Article 9
shall supply it with all the information which it may
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, 17 November 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President