CELEX: 31979R1469
Language: en
Date: 1979-07-13 00:00:00
Title: Commission Regulation (EEC) No 1469/79 of 13 July 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Arab Republic of Egypt.

No L 177/46                                Official Journal of the European Communities                              14 . 7 . 79
                                     COMMISSION REGULATION (EEC) No 1469/79
                                                           of 13 July 1979
              opening an invitation to tender for the mobilization of common wheat flour as
                                            food aid for the Arab Republic of Egypt
THE COMMISSION OF THE EUROPEAN                                        Whereas     the  contract  should   be  awarded   to   the
COMMUNITIES,                                                          tenderer who makes the best offer ;
Having regard to the Treaty establishing the European                 Whereas it must be made clear who is to bear any
Economic Community,                                                   costs which arise in the event that for reasons of force
                                                                       majeure the operation in question is not completed
Having regard to Council Regulation (EEC) No                          within the time stipulated ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as last amended by                 Whereas provision should be made for security to be
Regulation (EEC) No 1254/78 (2),                                      given to guarantee fulfilment of obligations arising by
                                                                      virtue of participation in the invitation to tender for
Having regard to Council Regulation (EEC) No
                                                                      the supply of goods to the Arab Republic of Egypt ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and            Whereas the French intervention agency should be
in particular Article 6 thereof,                                       made responsible for organizing the invitation to
                                                                      tender ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to
be applied for the purposes of the common agricul­                    Whereas it is important that the Commission be
tural policy (4), as last amended by Regulation (EEC)                  informed without delay of the tenders submitted in
No 2543/73 (5), and in particular Article 3 thereof,                   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 8 May 1979 the Council of the European                      ment Committee for Cereals,
Communities declared that by way of Community
action it proposed to grant the Arab Republic of
Egypt the equivalent of 90 000 tonnes of common
wheat, in the form of flour, i.e. 64 800 tonnes of                     HAS ADOPTED THIS REGULATION :
common wheat flour, under its 1978 /79 food-aid
programme ;
                                                                                               Article 1
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                       1 . An invitation to tender shall be issued in respect
anywhere on the Community market ;                                     of the supply of 64 800 tonnes of common wheat
                                                                       flour to the Arab Republic of Egypt by way of
Whereas tenders should be invited for the supply of                    Community food-aid action .
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
nated by the recipient or its agent ;                                  France and shall be in respect of six lots of 10 000
                                                                       tonnes (Lots 1 to 6) and one lot of 4 800 tonnes (Lot
Whereas tenders may be submitted by tenderers esta­                    7­
blished in any Member State of the Community and
may relate to products mobilized anywhere within                       3 . The goods shall be mobilized on the Commu­
those Member States ; whereas, in view of the currency                 nity market.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account                4. Shipment shall be from a Community port.
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 sacks of a net capacity of 68 kilo­
                                                                      grams to the port of shipment in the vicinity of the
(!) OJ No  L  281 , 1 . 11 . 1975, p. 1 .                              vessel. The goods must be set down at the place nomi­
(2) OJ No  L  156,  14. 6. 1978 , p. 1 .                               nated by the recipient country or its agent, the timing
(») OJ No  L  281 , 1 . 11 . 1975, p. 89.
(4) OJ No  L  106,  30. 10. 1962, p. 2553/62.                          of delivery being settled by the tenderer and the recip­
(5) OJ No  L  263,  19 . 9 . 1973 , p. 1 .                             ient country's agent.
                                                                     t
 ---pagebreak--- 14. 7. 79                        Official Journal of the European Communities                        No L 177/47
One of the three sorts of sack nominated hereinafter            2-25 % , a conversion rate resulting from their
may be used :                                                   central rate,
— jute sacks of a minimum weight of 515 g,                 — in the other cases, the average of the spot rates of
                                                                the currencies concerned recorded in the Member
— cotton sacks,                                                 State in which the invitation to tender is issued
— composite sacks jute/polypropylene of a minimum               during a period from the Wednesday of one week
    weight of 271 g.                                            to the Tuesday of the following week being the
                                                                period immediately preceding the closing date for
The following shall be printed on the sacks :                   submission of tenders .
'Wheat flour / Gift of the European Economic
Community to Egypt.'                                                               Article 4
To allow for the possibility of re-bagging, the            The contract shall be awarded to the tenderer offering
successful tenderer shall supply 2 % of new empty          the best terms, taking into consideration the adjust­
sacks, of the same quality as those containing the         ment referred to in Article 3 (3).
goods but with the printing followed by a capital
letter 'R'.                                                However, if the tenders submitted do not appear to
                                                           reflect normal market prices and costs, the interven­
                       Article 2
                                                           tion agency may cancel the invitation to tender.
1 . The award of the contract shall take place on 27                               Article 5
July 1979 .
                                                            1 . The tenderer shall give security in an amount of
2. The closing date for submission of tenders shall         12 ECU per tonne of goods.
be 27 July 1979 at 12 noon .
                                                           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 seven 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 quanti­
2. Tenders must in-particular mention the Member                ties not supplied by reason of force majeure.
State in which the tenderer, in the event of his being
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 issued 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 be corrected by the monetary
compensatory amount applicable on the closing date
                                                                                   Article 6
for submission of tenders to exports from the Member
State mentioned in the tender pursuant to paragraph
2. Such correction shall be made by :                       1 . The goods referred to in Article 1 which are to
                                                           be supplied to the Arab Republic of Egypt must meet
— increasing prices which mention a Member State           the following requirements :
    whose currency has depreciated,
                                                            common wheat flour :
— reducing prices which mention a Member State
    whose currency has been revalued .                     — moisture content : 15% maximum,
                                                           — 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
Member State in which the invitation to tender is          — ash content : 0-62 % maximum on the dry matter.
issued using :
                                                           If the goods referred to in Article 1 do not meet the
— in the case when the currencies concerned are            foregoing requirements they shall be rejected and the
    kept at any given moment within a band of              successful tenderer shall be owner thereof.
 ---pagebreak--- No L 177/48                        Official Journal of the European Communities                             14 . 7 . 79
2. Tenders for supply to the Arab Republic of                average of the spot rates referred to in the second
Egypt of the goods referred to in Article 1 must relate      subparagraph of Article 3 (3) to the tenderer in the
to products with the following characteristics :             currency of the Member State in which the operations
common wheat flour :                                         relating to the tendering are completed.
— moisture content : 15% maximum,                            4. The intervention agency shall request the
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­            successful tenderer to supply the following informa­
                                                             tion :
    lated on the dry matter),
— ash content : 0-62 % maximum on the dry matter.            (a) after each shipment a certificate showing the quan­
                                                                 tities dispatched and the quality of the products ;
                        Article 7                            (b) the date of departure of the vessels.
1 . The French intervention agency shall be respon­          The information indicated above shall be forwarded
sible for operations relating to the invitation to tender    by the intervention agency to the Commission imme­
provided for by this Regulation.                             diately upon receipt.
2.    It shall forthwith communicate to the Commis­          5. When the agency responsible for the operations
sion the list of firms which have responded to the invi­     relating to tendering is not the intervention agency
tation to tender, specifying the terms of each tender,       which appoints the successful tenderer, it shall send as
together with the name and business name of the              soon as possible to the latter the information neces­
successful tenderer.                                         sary for releasing the security.
3 . Where the customs export formalities for the
                                                                                      Article 8
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 such 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 9
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, 13 July 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President