CELEX: 31979R2128
Language: en
Date: 1979-09-28 00:00:00
Title: Commission Regulation (EEC) No 2128/79 of 28 September 1979 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services

29 . 9 . 79                             Official Journal of the European Communities                        No L 246/53
                                   COMMISSION REGULATION (EEC) No 2128/79
                                                     of 28 September 1979
              opening a new invitation to tender for the mobilization of common wheat flour
                                         as food aid for the Catholic Relief Services
THE COMMISSION OF THE EUROPEAN                                     situation in the Member States and in order to ensure
COMMUNITIES,                                                       that the tenders are as comparable as possible, account
                                                                   should be taken of the effect on each tender of the
 Having regard to the Treaty establishing the European             currency situation in the Member State in which the
 Economic Community,
                                                                   customs export formalities will be completed ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                 Whereas the contract should be awarded to the
tion of the market in cereals ( !), as last amended by             tenderer offering the best terms ;
Regulation (EEC) No 1 547/79 (2),
                                                                   Whereas in case it should be impossible for reasons of
Having regard to Council Regulation (EEC) No                       force majeure to complete the operation in question
2750/75 of 29 October 1975 laying down the condi­                  within the set time limits, it must be made clear who
tions for the mobilization of cereals as food aid (3), and         is to bear any costs resulting therefrom ;
in particular Article 6 thereof,
Having regard to Council Regulation No 129 on the                  Whereas provision should be made for security to be
value of the unit of account and the exchange rates to             given to guarantee fulfilment of the obligations arising
be applied for the purposes of the common agricul­                 by virtue of participation in the invitation to tender ;
tural policy (4), as last amended by Regulation (EEC)
No 2543/73 (5), and in particular Article 3 thereof,               Whereas the French intervention agency should be
                                                                   made responsible for the tendering procedure in ques­
Having regard to the opinion of the Monetary                       tion ;
Committee,
Whereas on 8 May 1979 the Council of the European                  Whereas the Commission must be informed quickly
Communities declared that it proposed, by way of                   of the tenders submitted in response to the invitation
Community action, to grant the equivalent of 7 500                 and of those accepted by the intervention agency ;
tonnes of common wheat (in other words 5 639
tonnes of common wheat flour) to the Catholic Relief               Whereas the measures provided for in this Regulation
Service under its 1978/79 food-aid programme ;                     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 the invitation to tender opened in the
Community under Commission Regulation (EEC) No
1975/79 of 7 September 1979 opening an invitation to                                       Article 1
tender for the mobilization of common wheat flour as
food aid for the Catholic Relief Services (6) was not               1 . Tenders are hereby invited for the supply to the
allocated ; whereas a new invitation to tender should              Catholic Relief Services, by way of Community action,
therefore be opened ;                                              of 5 639 tonnes of common wheat flour.
Whereas tenders should be invited for the supply of
                                                                   2.     The tendering procedure shall take place in
the product to the port of shipment in the vicinity of             France in four lots .
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;                              3.     The product shall be mobilized on the Commu­
Whereas tenders may be submitted by tenderers esta­                nity market.
blished in any Member State of the Community and
may relate to products mobilized anywhere within                   4.     Shipment shall be from a Community port.
those Member States ; whereas, in view of the currency
                                                                   5. The product referred to in paragraph 1 is to be
(1 ) OJ No L 281 , 1 . 11 . 1975, p. 1 .                           delivered to the port of shipment in the vicinity of the
(2) OJ No L 188, 26. 7. 1979, p. 1 .                               vessel . The goods must be set down at the place nomi­
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                            nated by the recipient country or its agent, the timing
(t) OI No 106, 30 . 10 . 1962, p. 2553/62.
(5) OJ No L 263, 19. 9. 1973, p. 1 .                               of delivery being settled by the tenderer and the recip­
 <>) OJ No L 228, 8 . 9. 1979, p. 11 .                             ient country's agent.
 ---pagebreak---  No L 246/54                     Official Journal of the European Communities                               29. 9. 79
6. The successful tenderer shall deliver the product       compensatory amount applicable on the closing date
specified in paragraph 1 in new jute sacks lined with      for submission of tenders to exports from the Member
cotton sacks of a net capacity of 50 kilograms.            State mentioned in the tender pursuant to paragraph 2
                                                           Such correction shall be made by :
The following shall be printed on the sacks :
                                                           — increasing prices which mention a Member State
Lot 1 : 272 tonnes :
                                                                whose currency has depreciated,
'Harina de trigo / Donación de la Comunidad econ­          — reducing prices which mention a Member State
ómica europea para Cathwell Chile / Destinada a la              whose currency has been revalued.
distribución gratuita
Cathwell / 5110 / Antofagasta'                             The monetary compensatory amount shall, where
                                                           appropriate, be converted into the currency of the
Lot 2 : 314 tonnes :                                       Member State in which the invitation to tender is
'Harina de trigo / Donación de la Comunidad econ­          issued using :
ómica europea para Cathwell Chile / Destinada a la         — in the case when the currencies concerned are
distribución gratuita                                           kept at any given moment within a band of
Cathwell / 5111 / Coquimbo'                                     2.25 %, a conversion rate resulting from their
                                                                central rate,
Lot 3 : 2 326 tonnes :
                                                           — in the other cases, the average of the spot rates of
'Harina de trigo / Donación de la Comunidad econ­               the currencies concerned recorded in the Member
ómica europea para Cathwell Chile / Destinada a la              State in which the invitation to tender is issued
distribución gratuita                                           during a period from the Wednesday of one week
Cathwell / 5112 / Valparaiso'                                   to the Tuesday of the following week being the
                                                                period immediately preceding the closing date for
Lot 4 : 2 727 tonnes :                                          submission of tenders.
'Harina de trigo / Donación de la Comunidad econ­
ómica europea para Cathwell Chile / Destinada a la                                  Article 4
distribución gratuita
                                                           The contract shall be awarded to the tenderer offering
Cathwell / 5113 / Talcahuano'.                             the best terms, taking into consideration the adjust­
To allow for the possibility of re-bagging, the            ment referred to in Article 3 (3).
successful tenderer shall supply 2 % of new empty          However, if the tenders submitted do not appear to
sacks, of the same quality as those containing the         reflect normal market prices and costs, the interven­
goods but with the printing followed by a capital          tion agency may cancel the invitation to tender.
letter ' R'.
                                                                                    Article 5
                       Article 2
                                                           If the tenderer is unable to deliver the goods in
1.    The decision on tenders received in response to      compliance with Article 1 (5) on the date given in the
the invitation provided for in Article 1 shall be taken    notice of invitation to tender as a result of the late
on 12 October 1979 .                                       availability of the vessels to be used for sea transporta­
                                                           tion the resulting costs shall be borne by the interven­
2.    The closing date for submission of tenders shall
be 12 October 1979 at 12 noon .                            tion agency.
3.    The notice of invitation to tender shall be                                   Article 6
published in the Official Journal of the European
Communities not less than nine days before the              1 . The tenderer shall give security of a value of 12
closing date for submission of tenders.                     ECU per tonne of goods.
                                                            It shall be relased :
                       Article 3
                                                           — in the case of all tenderers whose tenders are
 1 . The prices offered must be expressed in the                unsuccessful or are not accepted.
currency of the Member State in which the invitation       — in the case of the successful tenderer, when the
to tender was issued .                                          operations concerned have been carried out within
                                                                the prescribed time limit and on submission of
2.    Tenders must in particular mention the Member             the original export licence duly granted and
State in which the tenderer, in the event of his being          endorsed by the competent authorities of the
declared successful, expects to complete the customs            Member State mentioned in the tender pursuant
export formalities for the products concerned.                  to Article 3 (2),
3. For the purpose of rendering the tenders compar­         — in the case of the successful tenderer for quantities
able, the prices shall be corrected by the monetary              not supplied by reason of force majeure.
 ---pagebreak--- 29. 9 . 79                         Official Journal of the European Communities                          No L 246/55
2. The security required under paragraph 1 may be             In this case, the intervention agency choosing the
provided in the form of a cash deposit or of a                successful tenderer shall immediately inform the inter­
guarantee issued by a credit institution conforming to       vention agency of the Member State concerned and
criteria laid down by each Member State.                      shall supply it with all the information which it may
                                                              require.
                         Article 7
                                                              Furthermore, the amount of the successful tender
1.    The common wheat flour referred to in Article 1         shall be paid after it has been converted using the
must meet the following requirements :                        average of the spot rates referred to in the second
— moisture : 12 % maximum ,                                   subparagraph of Article 3 (3) to the tenderer in the
                                                              currency of the Member State in which the operations
— protein content : 1 0.5 % minimum (N x 6.25 on              relating to the tendering are completed.
    dry matter),
— ash content : 0.62 maximum referred to dry                  4. The intervention agency shall request the
     matter.                                                  successful tenderer to supply the following informa­
                                                              tion :
Flour not meeting these requirements shall be
refused .                                                     (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
2. Tenders for supply of the common wheat flour
referred to in Article 1 must relate to a product with        (b) the date of departure of the vessels.
the following characteristics :                               The information indicated above shall be forwarded
— moisture : 12 % maximum,                                    by the intervention agency to the Commission imme­
— protein content : 10.5 % minimum (N x 6.25 on               diately upon receipt.
    dry matter),                                              5 . When the intervention agency responsible for
— ash content : 0-62 % maximum referred to dry                the operations relating to tendering is not the interven­
    matter.
                                                              tion agency which appoints the successful tenderer, it
                                                              shall send as soon as possible to the latter the informa­
                         Article 8                            tion necessary for releasing the security.
1.    The French intervention agency shall be respon­
sible for operations relating to the invitation to tender                              Article 9
provided for by this Regulation.
                                                              On delivery of the goods at the port of shipment, a
2.     It shall forthwith communicate to the Commis­          handing-over certificate shall be supplied to the
sion the list of firms which have responded to the invi­      successful tenderer, acting as agent for the Commu­
tation to tender, specifying the terms of each tender,        nity, by the agent of the recipient country, or, in the
together with the name and business name of the               absence of the latter, by the intervention agency of the
successful tenderer.                                          Member State in whose territory the port of shipment
                                                              is situated .
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                                  Article 10
issued, the intervention agency of the latter Member
State shall be responsible for the operations following       This Regulation shall enter into force on the day of its
tendering, including payment to the successful                publication in the Official Journal of the European
tenderer.                                                      Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 28 September 1979.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President