CELEX: 31979R1632
Language: en
Date: 1979-07-27 00:00:00
Title: Commission Regulation (EEC) No 1632/79 of 27 July 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Hashemite Kingdom of Jordan

No L 190/44                              Official Journal of the European Communities                            28 . 7 . 79
                                     COMMISSION REGULATION ( EEC) No 1632/79
                                                          of 27 July 1979
               opening an invitation to tender for the mobilization of common wheat flour as
                                     food aid for the Hashemite Kingdom of Jordan
 THE COMMISSION OF THE EUROPEAN                                      whereas the award under the invitation to tender
 COMMUNITIES,                                                       must be made to the tenderer offering the best terms ;
 Having regard to the Treaty establishing the European              Whereas provision should be made for security to be
 Economic Community,                                                given to guarantee fulfilment of the 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 Italian intervention agency should be
 tion of the market in cereals ('), as last amended by              made responsible for organizing the invitation to
 Regulation (EEC) No 1 254/78 (2),                                  tender ;
 Having regard to Council Regulation ( EEC) No                      Whereas the Commission must be informed quickly
 2750/75 of 29 October 1975 laying down the condi­                  of the tenders submitted in response to the invitation
 tions for the mobilization of cereals as food aid (3), and
                                                                    and of those accepted by the intervention agency ;
 in particular Article 6 thereof,
 Having regard to Council Regulation No 129 on the                  Whereas the measures provided for in this Regulation
 value of the unit of account and the exchange rates to             are in accordance with the opinion of the Manage­
                                                                    ment Committee for Cereals,
 be applied for the purposes of the common agricul­
 tural policy (4), as last amended by Regulation (EEC)
 No 2543/73 (5), and in particular Article 3 thereof,
                                                                    HAS ADOPTED THIS REGULATION :
 Having regard to the opinion of the Monetary
 Committee,
 Whereas on 8 May 1979 the Council of the European                                          Article 1
 Communities declared that it proposed, by way of
 Community action , to grant the equivalent of 4 000                 1 . Tenders are hereby invited for the supply to the
 tonnes of common wheat (in other words 2 649                       Hashemite Kingdom of Jordan by way of Community
 tonnes of common wheat flour) to the Hashemite                     food-aid action , of 2 649 tonnes of common wheat
 Kingdom of Jordan under its 1978/79 food-aid                       flour.
 programme ;
                                                                    2. The tendering procedure shall take place in Italy
 Whereas pursuant to Article 3 (3) of Council Regula­               in one lot. The product shall be mobilized on the
 tion (EEC) No 2750/75 the goods may be purchased                   Community market. The product shall be loaded for
 anywhere on the Community market ;                                 departure from a Community port.
Whereas the proposed invitation to tender should be                 3 . The invitation to tender provided for in para­
 for supply of the products to the dock or in the                   graph 1 is for supply of products to the dock or in the
 lighter where applicable at the port of unloading ;                lighter where applicable, in the port of Aqaba.
Whereas tenders may be submitted by tenderers esta­
                                                                    4. The successful tenderer shall deliver the product
 blished in any Member State of the Community and                   specified in paragraph 1 in new jute sacks of a net
 may relate to products mobilized anywhere within                   capacity of 50 kilograms. Minimum weight of the
 those Member States ; whereas, in view of the currency             sacks shall be 600 grams. The following shall be
situation in the Member States and in order to ensure
                                                                    printed on the sacks :
 that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                 'Wheat flour / Gift of the European Economic
 currency situation in the Member State in which the                Community to Jordan .'
customs export formalities will be completed ;
                                                                    To allow for the possibility of re-bagging the
(')  OJ No  L 281 , 1 . 11 . 1975, p. 1 .                           successful tenderer shall apply 2 % of new empty
(2)  OJ No  L 156, 14. 6. 1978 , p. 1 .
(3)  OJ No  L 281 , 1 . 11 . 1975, p. 89 .                          sacks, of the same quality as those containing the
(4)  OJ No  106, 30 . 10 . 1962, p. 2553/62.                        goods but with the printing followed by a capital
(5 ) OJ No  L 263, 19 . 9 . 1973, p. 1 .                            letter ' R'.
 ---pagebreak--- 28 . 7 . 79                        Official Journal of the European Communities                         No L 190 /45
                        Article 2                             It shall be released :
1 . The decision on tenders received in response to          — in the case of all tenderers whose tenders are
the invitation provided for in Article 1 shall be taken            unsuccessful or are not accepted,
on 10 August 1979 .                                          — in the case of the successful tenderer, when the
2. The closing date for the submission of tenders                  operations concerned have been carried out within
shall be 10 August 1979 at 12 noon .                               the prescribed time limit and on submission of
                                                                   the original export licence, duly granted and
3.     The   notice  of invitation  to  tender  shall be
                                                                   endorsed by the competent authorities of the
published in the Official Journal of the European                  Member State mentioned in the tender pursuant
Communities not less than nine days before the                     to Article 3 (2),
closing date for the submission of tenders.
                                                              — in the case of the successful tenderer, for quanti­
                        Article 3                                  ties not supplied by reason of force majeure.
1 . The prices offered must be expressed in the               2. The security required under paragraph 1 may be
currency of the Member State in which the invitation          provided in the form of a cash deposit or of a
to tender was issued .                                        guarantee issued by a credit institution conforming to
                                                              criteria laid down by each Member State .
2. Tenders must in particular mention the Member
State which the tenderer, in the event of his being
declared successful, expects to complete the customs                                    Article 6
export formalities for the products concerned .
                                                               1.    The common wheat flour referred to in Article 1
3. For the purpose of rendering the tenders compar­           to be supplied to the Hashemite Kingdom of Jordan
able, the prices shall be corrected by the monetary           must meet the following requirements :
compensatory amount applicable on the closing date
for submission of tenders to exports from the Member          — moisture : 14% maximum ,
State mentioned in the tender pursuant to para­               — protein content : 105% minimum (N x 6-25 on
graph 2. Such correction shall be made by :                        dry matter),
— increasing prices which mention a Member State              — ash content : 0-52 % maximum referred to dry
     whose currency has depreciated,                                matter .
— reducing prices which mention a Member State
     whose currency has been revalued.                         Flour not meeting these requirements shall be
                                                               refused .
The monetary compensatory amount shall , where
 appropriate, be converted into the currency of the            2. Tenders for supply to the Hashemite Kingdom
 Member State in which the invitation to tender is            of Jordan of the common wheat flour referred to in
 issued using :                                               Article 1 must relate to a product with the following
                                                               characteristics :
 — in the case when the currencies concerned are
      kept at any given moment within a band of               — moisture : 14% maximum ,
      2-25 % , a conversion rate resulting from their         — protein content : 10-5 % minimum (N x 6-25 on
      central rate ,
                                                                    dry matter),
 — in other cases, the average of the spot rates of the
      currencies concerned recorded in the Member              — ash content : 0-52 % maximum referred to dry
                                                                    matter .
      State in which the invitation to tender is issued
      during a period from the Wednesday of one week
      to the Tuesday of the following week being the                                    Article 7
      period immediately preceding the closing date for
      submission of tenders .                                  1 . The Italian intervention agency shall be respon­
                                                               sible for the operations relating to the invitation to
                         Article 4                             tender provided for by this Regulation .
 The contract shall be awarded to the tenderer offering        2.     It shall forthwith communicate to the Commis­
 the best terms, taking into consideration the adjust­         sion the list of firms which have responded to the invi­
 ment referred to in Article 3 (3).                            tation to tender, specifying the terms of each tender,
 However, if the tenders submitted do not appear to            together with the name and business name of the
                                                               successful tenderer .
 reflect normal market prices and costs, the interven­
 tion agency may cancel the invitation to tender.
                                                               3.     Where the customs export formalities for the
                         Article 5                             mobilized product are completed in a Member State
                                                               other than that in which the invitation to tender is
  1 . The tenderer shall give security in an amount of         issued , the intervention agency of the latter Member
  12 ECU per tonne of goods .                                  State shall be responsible for the operations following
 ---pagebreak--- No L 190/46                       Official Journal of the European Communities                               28 . 7. 79
tendering, including payment to the successful ten­          The intervention agency shall transmit the informa­
derer .                                                      tion provided for to the Commission as soon as it is
                                                             received .
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­      5. When the intervention agency responsible for
vention agency of the Member State coricerned and            the operations relating to tendering is not the interven­
shall supply it with all the information which it may        tion agency which appoints the successful tenderer, it
require.                                                     shall send as soon as possible to the latter the informa­
Furthermore , the amount of the successful tender            tion necessary for releasing the security.
shall be paid after it has been converted using the
average of the spot rates referred to in the second                                   Article 8
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
relating to the tendering are completed .                    As regards this tender, the intervention agency is auth­
                                                             orized to make an initial payment of 80 % of the
4. The intervention agency shall ask that the                value of the quantity given in the bill of lading, on
tenderer specifies the following information :               presentation of that document and subject to the
(a) after each shipment, a statement giving details of       taking of a security for an amount equal to the initial
                                                             payment .
    the quantities loaded , the quality of the products
    and their packaging ;
(b) the date of the departure of the ships and the                                    Article 9
    expected date of arrival of the products at their
    destination ;                                            This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
    during transportation of the products.                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 27 July 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President