CELEX: 31979R0474
Language: en
Date: 1979-03-09 00:00:00
Title: Commission Regulation (EEC) No 474/79 of 9 March 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

10 . 3 . 79                              Official Journal of the European Communities                          No L 59 / 13
                                     COMMISSION REGULATION (EEC) No 474/79
                                                        of 9 March 1979
               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                                      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  contract  should   be awarded   to  the
                                                                    tenderer who makes the best offer ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as last amended by               Whereas it must be made clear who is to bear any
Regulation (EEC) No 1 254/78 (2),                                   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 ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and          Whereas provision should be made for security to be
in particular Article 6 thereof,                                    given to guarantee fulfilment of the obligations arising
                                                                    by virtue of participation in the invitation to tender ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to              Whereas the German intervention agency should be
be applied for the purposes of the common agricul­                  made responsible for the tendering procedure in ques­
tural policy (4), as last amended by Regulation (EEC)               tion ;
No 2543/73 (5), and in particular Article 3 thereof,
                                                                    Whereas it is important that the Commission be
Having regard to the opinion of the Monetary                         informed without delay of the tenders submitted in
Committee,                                                           response to the invitation and of those accepted by
                                                                     the intervention agency ;
Whereas on 30 January 1978 the Council of the Euro­
pean Communities declared that it proposed, by way                  Whereas the measures provided for in this Regulation
of Community action, to grant the equivalent of 5 291                are in accordance with the opinion of the Manage­
tonnes of common wheat (in other words 3 504                         ment Committee for Cereals,
tonnes of common wheat flour) to the World Food
 Programme under its 1977/78 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
                                                                     HAS ADOPTED THIS REGULATION :
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;
 Whereas tenders should be invited for the supply of                                          Article 1
 the product to the port of shipment in the vicinity of
 the vessel, the goods to be set down at the place nomi­              1 . Tenders are hereby invited for the supply to the
 nated by the recipient or its agent ;                               World Food Programme, by way of Community
                                                                     action , of 3 504 tonnes of common wheat flour.
 Whereas tenders may be submitted by tenderers esta­
 blished in any Member State of the Community and                     2. The tendering procedure shall take place in the
 may relate to products mobilized anywhere within                     Federal Republic of Germany and shall be in respect
 those Member States ; whereas, in view of the currency               of two lots .
 situation in the Member States and in order to ensure
 (■)  OJ No  L 281 , 1 . 11 . 1975, p. 1 .                            3 . The goods shall be mobilized on the Commu­
 (2)  OJ No  L 156, 14. 6. 1978 , p. 1 .                              nity market.
  3)  OJ No  L 281 , 1 . 11 . 1975, p. 89 .
 (4 ) OJ No  106, 30 . 10 . 1962, p. 2553/62.
  5)  OJ No  L 263, 19. 9. 1973, p. 1 .                               4.   Shipment shall be from a Community port.
 ---pagebreak---  No L 59/ 14                       Official Journal of the European Communities                               10 . 3 . 79
 5. The product referred to in paragraph 1 is to be          The monetary compensatory amount shall, where
delivered in new jute sacks of a net capacity of 50 kilo­    appropriate, be converted into the currency of the
grams to the port of shipment in the vicinity of the         Member State in which the invitation to tender is
vessel. The goods must be set down at the place nomi­        issued using :
 nated by the recipient country or its agent, the timing
of delivery being settled by the tenderer and the recip­     — in the case when the currencies concerned are
 ient country's agent.                                           kept at any given moment within a band of
                                                                 2-25 % , a conversion rate resulting from their
                                                                 central rate,
Minimum weight of sacks shall be 600 grams.
                                                             — in the other cases, the average of the spot rates of
The following shall be printed on the sacks :                    the currencies concerned recorded in the Member
                                                                 State in which the invitation to tender is issued
' Lebanon 2473 / Wheat flour / Beirut / Gift of the              during a period from the Wednesday of one week
EEC / Action of the World Food Programme'.                       to the Tuesday of the following week being the
                                                                 period immediately preceding the closing date for
                                                                 submission of tenders .
To allow for the possibility of ' re-bagging, the
successful tenderer shall supply 2% of new empty
sacks, of the same quality as those containing the
goods but with the printing following by a capital                                    Article 4
letter ' R '.
                                                             The contract shall be awarded to the tenderer offering
                                                             the best terms, taking into consideration the adjust­
                        Article 2                            ment referred to in Article 3 (3).
1.    The award of the contract shall take place on 23       However, if the tenders submitted do not appear to
March 1979 .                                                 reflect normal market prices and costs, the interven­
                                                             tion agency may cancel the invitation to tender.
2.    The closing date for submission of tenders shall
be 23 March 1979 at 12 noon .
                                                                                      Article 5
3.    The     notice of invitation to   tender shall  be
published in the Official Journal of the European            If the tenderer is unable to deliver the goods in
Communities not less than nine days before the
                                                             compliance with Article 1 (3) on the date given in the
closing date for submission of tenders.                      notice of invitation to tender as a result of the late
                                                             availability of the vessels to be used for sea transporta­
                                                             tion , resulting costs shall be borne by the intervention
                        Article 3                            agency .
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation                                  Article 6
to tender was issued .
                                                             1 . The tenderer shall give security in an amount of
2. Tenders must in particular mention the Member             10 units of account per tonne of goods.
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs
                                                             It shall be released :
export formalities for the products concerned.
                                                             — in the case of all tenderers whose tenders are
3 . For the purpose of rendering the tenders compar­             unsuccessful or are not accepted,
able, the prices shall be corrected by the monetary
compensatory amount applicable on the closing date           — in the case of the successful tenderer, when the
for submission of tenders to exports from the Member             operations concerned have been carried out within
State mentioned in the tender pursuant to paragraph              the prescribed time limit and on submission of
2. Such correction shall be made by :                            the original export licence duly granted and
                                                                 endorsed by the competent authorities of the
— increasing prices which mention a Member State                 Member State mentioned in the tender pursuant
    whose currency has depreciated,                              to Article 3 (2),
— reducing prices which mention a Member State               — in the case of the successful tenderer, for quanti­
     whose currency has been revalued .                          ties not supplied by reason of force majeure.
 ---pagebreak--- 10 . 3 . 79                          Official Journal of the European Communities                           No L 59 / 15
2. The security required under paragraph 1 may be               In such 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 goods referred to in Article 1 must meet the            shall be paid after it has been converted using the
following requirements :                                        average of the spot rates referred to in the second
co m m o n ivhea t flour :                                      subparagraph of Article 3 (3) to the tenderer in the
— moisture content : 14% maximum ,                              currency of the Member State in which the operations
                                                                relating to the tendering are completed .
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­
     lated on the dry matter),                                  4. The intervention agency shall request the
— ash content : 0-52 % maximum on the dry matter.               successful tenderer to supply the following informa­
                                                                tion :
If the goods referred to in Article 1 do not meet the
foregoing requirements they shall be rejected and the           (a) after each shipment a certificate showing the quan­
successful tenderer shall be owner thereof.                          tities dispatched and the quality of the products ;
2. Tenders for supply of the goods referred to in               (b) the date of departure of the vessels .
Article 1 must relate to products with the following
characteristics :                                               The information indicated above shall be forwarded
                                                                by the intervention agency to the Commission imme­
common wheat flour :                                            diately upon receipt.
— moisture content : 14% maximum ,
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­                5. When the agency responsible for the operations
     lated on the dry matter),                                  relating to tendering is not the intervention agency
— ash content : 0-52 % maximum on the dry matter.               which appoints the successful tenderer, it shall send as
                                                                soon as possible to the latter the information neces­
                           Article 8                            sary for releasing the security.
 1 . The German intervention agency shall be respon­
                                                                                          Article 9
sible for operations relating to the invitation to tender
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 ten­             publication in the Official Journal of the European
 derer.                                                          Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 9 March 1979 .
                                                                            For the Commission
                                                                             Finn GUNDELACH
                                                                                Vice-President