CELEX: 31978R1798
Language: en
Date: 1978-07-28
Title: Commission Regulation (EEC) No 1798/78 of 28 July 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

29 . 7 . 78                             Official Journal of the European Communities                       No L 205/49
                                  COMMISSION REGULATION (EEC) No 1798/78
                                                        of 28 July 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                                    limits specified, it must be made clear who is to bear
COMMUNITIES,                                                      the liability for any resulting costs ;
Having regard to the Treaty establishing the European             Whereas provision should be made for security to be
Economic Community,                                               given for the purpose of guaranteeing that the obliga­
                                                                  tions arising by virtue of participation in the invita­
                                                                  tion to tender will be fulfilled ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (J ), as last amended by            Whereas the Belgian intervention agency should be
Regulation (EEC) No 1 254/78 (2),                                 made responsible for the tendering procedure ;
                                                                  Whereas the Commission must be informed quickly
Having regard to Council Regulation (EEC) No                      of the tenders submitted in response to the invitation
2750/75 of 29 October 1975 laying down the condi­                 and of those accepted by the intervention agency ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,
                                                                  Whereas the Monetary Committee will be consulted ;
                                                                  whereas, in view of the urgency, the measures envis­
Whereas on 8 February 1977 the Council of the Euro­               aged should be adopted in accordance with the condi­
pean Communities declared that it proposed, by way                tions laid down in Article 3 (2) of Council Regulation
of Community action, to grant the equivalent of 5 000             No 129 on the value of the unit of account and the
tonnes of common wheat (in other words 3 311                      exchange rates to be applied for the purposes of the
tonnes of common wheat flour) to the World Food                   common agricultural policy (4), as last amended by
Programme under its 1976/77 food-aid 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 the proposed invitation to tender should be
for supply of the products to the dock or in the
lighter where applicable at the port of unloading ;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
may relate to products mobilized anywhere within                                          Article 1
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 to the
that the tenders are as comparable as possible, account           World Food Programme, by way of Community
should be taken of the effect on each tender of the               action, 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
                                                                   Belgium in one lot.   The product shall be mobilized
Whereas the award under the invitation to tender                  on the Community       market. The products shall be
must be made in favour of the tenderer offering the                loaded for departure  from any Community port.
best terms ;
                                                                  3 . The invitation to tender provided for in para­
Whereas, should force majeure make it impossible to               graph 1 is for supply of products to the dock, or in
complete the operation in question within the time                the lighter where applicable in the port of Haiphong
                                                                  or Danang.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6 . 1978 , p. 1 .                            (4) OJ No 106, 30. 10. 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                           (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  No L 205/50                       Official Journal of the European Communities                           29 . 7. 78
4.     The    successful  tenderer   shall  deliver  the          2-25 % , a conversion rate resulting from their
 products specified in paragraph 1 in new cotton sacks            central rate,
 of a net capacity of 50 kilograms.                           — in the other cases, the average of the spot rates of
                                                                  the currencies concerned recorded in the Member
The minimum weight of the sacks shall be 1 80 grams.
                                                                  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
 ' 1129 em / Wheat flour / Vietnam / Gift of the Euro­            to the Tuesday of the following week, being the
                                                                  period immediately preceding the closing date for
 pean Economic Community / Action of the World                    submission of tenders .
 Food Programme'.
 To allow for the possibility of re-bagging, the                                     Article 4
 successful tenderer shall supply of 2 % of new empty
 sacks, of the same quality as those containing the          The contract shall be awarded to the tenderer offering
goods but with the printing followed by a capital             the best terms, taking into consideration the adjust­
 letter 'R\                                                   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 decision on tenders received in response to          tion agency may cancel the invitation to tender.
 the invitation provided for in Article 1 shall be taken
on 11 August 1978 .                                                                  Article 5
 2. The closing date for the submission of tenders            1 . The tenderer shall give security in an amount of
 shall be 11 August 1978 at 12 noon.                          10 units of account per tonne of goods.
3.     The   notice of invitation  to tender shall be         It shall be released :
 published in the Official Journal of the European
 Communities not less than nine days before the              — in the case of all tenderers whose tenders are
closing date for the submission of tenders.                       unsuccessful or are not accepted,
                                                             — in the case of the successful tenderer, when the
                         Article 3                                operations concerned have been carried out within
                                                                  the prescribed time limit and on submission of
 1 . The prices offered must be expressed in the                  the original export licence duly granted and
currency of the Member State in which the invitation              endorsed by the competent authorities of the
to tender was issued .
                                                                  Member State mentioned in the tender pursuant
                                                                  to Article 3 (2),
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being       — in the case of the successful tenderer for quantities
declared successful, expects to complete the customs              not supplied by reason of force majeure.
export formalities for the products concerned.
                                                             2. The security required under paragraph 1 may be
3 . For the purpose of rendering the tenders compar­         provided in the form of a cash deposit or of a
able, the prices shall, where appropriate, be corrected      guarantee issued by a credit insitution conforming to
by the monetary compensatory amount applicable on            criteria laid down by each Member State.
the closing date for submission of tenders to exports
from the Member State mentioned in the tender
                                                                                     Article 6
pursuant to paragraph 2.
                                                             1.     The common wheat flour referred to in Article 1
Such correction shall be made by :
                                                             must meet the following requirements :
— increasing prices which mention a Member State
                                                             — moisture : 12% maximum,
     whose currency has depreciated or a new Member
     State,                                                  — protein content : 10-5 % minimum (N x 6-25 on
                                                                  dry matter),
— reducing prices which mention a Member State
     whose currency has been revalued.                       — ash content : 0-52 % maximum referred to dry
                                                                  matter.
The monetary compensatory amount shall, where
appropriate, be converted into the currency of the           Flour not meeting these requirements shall be
Member State in which the invitation to tender is            refused.
issued using :
                                                             2. Tenders for supply of the common wheat flour
— in the case when the currencies concerned are              referred to in Article 1 must relate to a product with
     kept at any given moment within a band of               the following characteristics :
 ---pagebreak--- 29 . 7. 78                         Official Journal of the European Communities                           No L 205/ 51
— moisture : 12% maximum,                                     4. The intervention agency shall ask that the
— protein content : 10-5 % minimum (N x 6-25 on               tenderer specifies the following information :
     dry matter),
                                                              (a) after shipment, a statement giving details of the
— ash content : 0-52 % maximum referred to dry                    quantities loaded, the quality of the products and
     matter.
                                                                  their packaging ;
                         Article 7
                                                              (b) the date of the departure of the ships, the expected
                                                                  date of arrival of the products at their destination ;
 1 . The Belgian intervention agency shall be respon­         (c) all possible contingencies which might occur
sible for the operations relating to the invitation to            during transportation of the products.
tender provided for by this Regulation .
2.     It shall forthwith communicate to the Commis­
                                                              The intervention agency shall transmit the informa­
                                                              tion , provided for to the Commission as soon as it is
sion the list of firms which have responded to the invi­      received .
tation to tender, specifying the terms of each tender,
together with the name and business name of the               5. When the intervention agency responsible for
successful tenderer.
                                                              the operations relating to tendering is not the interven­
3. Where the customs export formalities for the               tion agency which appoints the successful tenderer, it
mobilized product are completed in a Member State             shall send as soon as possible to the latter the informa­
other than that in which the invitation to tender is          tion necessary for releasing the security.
issued, the intervention agency of the latter Member
State shall be responsible for the operations following                                Article 8
tendering, including payment to the successful ten­
derer.
                                                              As regards this tender the intervention agency is auth­
In such case, the intervention agency choosing the            orized to make an initial payment of 80 % of the
successful tenderer shall immediately inform the inter­       value of the quantity given in the bill of lading, on
vention agency of the Member State concerned and              presentation of that document and subject to the
shall supply it with all the information which it may         taking of a security for an amount equal to the initial
require.                                                      payment.
Furthermore, the amount of the successful tender
shall be paid, after it has been converted using the                                   Article 9
average of the spot rates referred to in the second
subparagraph of Article 3 (3), to the tenderer in the         This Regulation shall enter into force on the day of its
currency of the Member State in which the operations          publication in the Official Journal of the European
relating to the tendering are completed.                      Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 28 July 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President