CELEX: 31979R2247
Language: en
Date: 1979-10-12 00:00:00
Title: Commission Regulation (EEC) No 2247/79 of 12 October 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for Jibuti

13 . 10 . 79                               Official Journal of the European Communities                        No L 258 /21
                                     COMMISSION REGULATION (EEC) No 2247/79
                                                         of 12 October 1979
               opening an invitation to tender for the mobilization of common wheat flour as
                                                         food aid for Jibuti
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 award under the invitation to tender
Having regard to Council Regulation (EEC) No                          must be made in favour of the tenderer offering the
2727/75 of 29 October 1975 on the common organiza­                    best terms ;
tion of the market in cereals (l), as last amended by
Regulation (EEC) No 1547/79(2),                                       Whereas, should force majeure make it impossible to
                                                                      complete the operation in question within the time
Having regard to Council Regulation (EEC) No                          limits specified, it must be made clear who is to bear
2750/75 of 29 October 1975 laying down the condi­                     the liability for any resulting costs ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                      Whereas provision should be made for security to be
                                                                      given for the purpose of guaranteeing that the obliga­
Having regard to Council Regulation No 129 on the                     tions arising by virtue of participation in the invita­
value of the unit of account and the exchange rates to                tion to tender for supplies to Jibuti will be fulfilled ;
be applied for the purposes of the common agricul­
tural policy (4), as last amended by Regulation (EEC)                 Whereas the Belgian intervention agency should be
No 2543/73 (5), and in particular Article 3 thereof,                  made responsible for the tendering procedure ;
Having regard to the opinion of the Monetary
Committee,                                                            Whereas the Commission must be informed quickly
                                                                      of the tenders submitted in response to the invitation
                                                                      and of those accepted by the intervention agency ;
Whereas on 8 May 1979 the Council of the European
Communities declared that it proposed, by way of
Community action, to grant the equivalent of 1 001                    Whereas the measures provided for in this Regulation
tonnes of common wheat (in other words 663 tonnes                     are in accordance with the opinion of the Manage­
of common wheat flour) to Jibuti under its 1978/79                    ment Committee for Cereals,
food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                       HAS ADOPTED THIS REGULATION :
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
                                                                                              Article 1
for supply of the products delivered to Jibuti, that is
at the moment when the goods are actually placed on
the quay or in the lighter where applicable ;                          1 . Tenders are hereby invited for the supply to
                                                                      Jibuti, by way of Community action, of 663 tonnes of
Whereas tenders may be submitted by tenderers esta­                   common wheat flour.
blished in any Member State of the Community and
may relate to products mobilized anywhere within                       2.   The tendering procedure shall take place in
those Member States, whereas, in view of the currency                  Belgium in one lot.
situation in the Member States and in order to ensure
0)  OJ   No  L 281 , 1 . 11 . 1975, p. 1 .                             3.   The products shall be mobilized on the Commu­
(2) OJ   No  L 188 , 26. 7. 1979, 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 258/22                       Official Journal of the European Communities                          13 . 10 . 79
5. The invitation to tender provided for in para­           — reducing prices which mention a Member State
graph 1 is for supply of products delivered to Jibuti,           whose currency has been revalued.
that is at the moment when the goods are actually
placed on the quay or in the lighter where applicable.
                                                            The monetary compensatory amount shall, where
                                                            appropriate, be converted into the currency of the
6. The successful tenderer shall deliver the product        Member State in which the invitation to tender is
specified in paragraph 1 in new jute sacks lined with       issued using :
cotton sacks of a net capacity of 50 kilograms.
                                                            — in the case when the currencies concerned are
The following shall be printed on the sacks :                    kept at any given moment within a band of
                                                                 2-25 % , a conversion rate resulting from their
' Farine de froment / Don de la Communauté écono­                central rate,
mique européenne à la république de Djibouti.'              — in the other cases, the average of the spot rates of
                                                                 the currencies concerned recorded in the Member
To allow for the possibility of re-bagging, the                  State in which the invitation to tender is issued
successful tenderer shall supply 2 % of new empty                during a period from the Wednesday of one week
sacks, of the same quality as those containing the               to the Tuesday of the following week being the
goods but with the printing followed by a capital                period immediately preceding the closing date for
letter 'R\                                                       submission of tenders.
                        Article 2                                                   Article 4
 1 . The decision on tenders received in response to        The contract shall be awarded to the tenderer offering
the invitation provided for in Article 1 shall be taken     the best terms, taking into consideration the adjust­
on 26 October 1979 .
                                                             ment referred to in Article 3 (3).
2.     The closing date for the submission of tenders
shall be 26 October 1979 at 12 noon .                        However, if the tenders submitted do not appear to
                                                             reflect normal market prices and costs, the interven­
                                                             tion agency may cancel the invitation to tender.
3.     The  notice of invitation   to  tender shall be
published in the Official Journal of the European
 Communities not less than nine days before the
closing date for the submission of tenders.                                         Article 5
                                                             1 . The tenderer shall give security in an amount of
                        Article 3                            12 ECU per tonne of goods.
 1 . The prices offered must be expressed in the             It shall be released :
currency of the Member State in which the invitation
to tender was issued .                                      — in the case of all tenderers whose tenders are
                                                                 unsuccessful or are not accepted,
2. Tenders must in particular mention the Member            — in the case of the successful tenderer, when the
State in which the tenderer, in the event of his being           operations concerned have been carried out within
declared successful, expects to complete the customs             the prescribed time limit and on submission of
export formalities for the products concerned.                   the original export licence duly granted and
                                                                 endorsed by the competent authorities of the
3. For the purpose of rendering the tenders compar­              Member State mentioned in the tender pursuant
able, the prices shall, where appropriate, be corrected          to Article 3 (2),
by the monetary compensatory amount applicable on            — in the case of the successful tenderer, for quanti­
the closing date for submission of tenders to exports            ties not supplied by reason of force majeure.
from the Member State mentioned in the tender
pursuant to paragraph 2. Such correction shall be
made by :                                                    2. The security required under paragraph 1 may be
                                                             provided in the form of a cash deposit or of a
— increasing prices which mention a Member State            guarantee issued by a credit institution conforming to
     whose currency has depreciated,                         criteria laid down by each Member State.
 ---pagebreak--- 13 . 10 . 79                       Official Journal of the European Communities                          No L 258 /23
                         Article 6                            vention agency of the Member State concerned and
1.     The common wheat flour referred to in Article 1
                                                              shall supply it with all the information which it may
                                                              require.
to be supplied to Jibuti must meet the following
requirements :                                                Furthermore, the amount of the successful tender
— moisture : 1 2 % maximum,                                   shall be paid after it has been converted using the
                                                              average of the spot rates referred to in the second
— protein content : 10.5 % minimum (N x 6.25 on               subparagraph of Article 3 (3) to the tenderer in the
     dry matter),                                             currency of the Member State in which the operations
— ash content : 0.52 % maximum referred to dry                relating to the tendering are completed.
     matter.
                                                              4. The intervention agency shall ask that the
Flour not meeting these requirements shall be                 tenderer specifies the following information :
refused .
                                                              (a) after each shipment, a statement giving details of
2.     Tenders for supply to Jibuti of the common                 the quantities loaded, the quality of the products
wheat flour referred to in Article 1 must relate to a             and their packaging :
product with the following characteristics :                  (b) the date of the departure of the ships and the
— moisture : 1 2 % maximum,                                       expected date of arrival of the products at their
                                                                  destination ;
— protein content : 10.5 % minimum (N x 6-25 on
    dry matter),                                              (c) all possible contingencies which might occur
                                                                  during transportation of the products.
— ash content : 0.52 % maximum referred to dry
    matter.                                                   The intervention agency shall transmit the informa­
                                                              tion provided for to the Commission as soon as it is
                         Article 7                            received .
1 . The Belgian intervention agency shall be respon­          5. When the intervention agency responsible for
sible for the operations relating to the invitation to        the operations relating to tendering is not the interven­
tender provided for by this Regulation.                       tion agency which appoints the successful tenderer, it
                                                              shall send as soon as possible to the latter the informa­
2.     It shall forthwith communicate to the Commis­          tion necessary for releasing the security.
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,                                 Article 8
together with the name and business name of the
successful tenderer.                                          As regards this tender, the intervention agency is auth­
                                                              orized to make an initial payment of 80 % of the
3 . Where the customs export formalities for the              value of the quantity given in the bill of lading, on
mobilized product are completed in a Member State             presentation of that document and subject to the
other than that in which the invitation to tender is          taking of a security for an amount equal to the initial
issued, the intervention agency of the latter Member          payment.
State shall be responsible for the operations following
tendering, including payment to the successful                                         Article 9
tenderer.
                                                              This Regulation shall enter into force on the day of its
In such case, the intervention agency choosing the            publication in the Official Journal of the European
successful tenderer shall immediately inform the inter­       Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 12 October 1979 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President