CELEX: 31978R2463
Language: en
Date: 1978-10-20 00:00:00
Title: Commission Regulation (EEC) No 2463/78 of 20 October 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

No L 296/34                           Official Journal of the European Communities                            21 . 10 . 78
                                   COMMISSION REGULATION (EEC) No 2463/78
                                                      of 20 October 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                                    majeure the operation in question is not completed
  COMMUNITIES,                                                     within the time stipulated ;
  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 German intervention agency should be
 tion of the market in cereals (*), as last amended by             made responsible for the tendering procedure in ques­
                                                                   tion ;
 Regulation (EEC) No 1254/78 (2),
                                                                   Whereas it is important that the Commission be
 Having regard to Council Regulation (EEC) No                      informed without delay of the tenders submitted in
 2750/75 of 29 October 1975 laying down the condi­                 response to the invitation and of those accepted by
 tions for the mobilization of cereals as food aid (3), and        the intervention agency ;
 in particular Article 6 thereof,
                                                                   Whereas the Monetary Committee will be consulted ;
 Whereas on 8 February 1977 the Council of European                whereas, in view of the urgency, the measures envis­
 Communities declared that it proposed, by way of                  aged should be adopted in accordance with the condi­
 Community action, to grant the equivalent of 7 701                tions laid down in Article 3 (2) of Council Regulation
 tonnes of common wheat (in other words 5 100                      Mo 129 on the value of the unit of account and the
 tonnes of common wheat flour) to the World Food                   exchange rates to be applied for the purposes of the
 Programme under its 1976/77 food-aid programme ;                  common agricultural policy (4), as last amended by
                                                                   Regulation (EEC) No 2543/73 (5), and in particular
 Whereas pursuant to Article 3 (3) of Council Regula­             Article 3 thereof ;
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;                               Whereas the measures provided for in this Regulation
                                                                   are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
Whereas tenders should be invited for the supply of
 the product to the port of shipment in the vicinity of
 the vessel, the goods to be set down at the place nomi­
 nated by the recipient or its agent ;
                                                                   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 5 100 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 the
                                                                  Federal Republic of Germany and shall be in respect
Whereas the contract should be awarded to the                     of a single lot.
tenderer who makes the best offer ;
                                                                  3. The goods shall be mobilized on the Commu­
Whereas it must be made clear who is to bear any                  nity market.
costs which arise in the event that for reasons of force
                                                                  4.      Shipment shall be from a Community port.
(') 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.
(J) OJ No L 281 , 1 . 11 . 1975, p. 89.                           (») OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  21 . 10 . 78                      Official Journal of the European Communities                         No L 296/35
 5. The product referred to in paragraph 1 is to be           Member State in which the invitation to tender is
 delivered in new jute sacks of a net capacity of 50 kilo­    issued using :
grams to the port of shipment in the vicinity of the
                                                              — in the case when the currencies concerned are
vessel. The goods must be set down at the place nomi­
 nated by the recipient country or its agent, the timing           kept at any given moment within a band of
of delivery being settled by the tenderer and the recip­           2-25 %, a conversion rate resulting from their
 ient country's agent.                                             central rate,
                                                              — in the other cases, the average of the spot rates of
Minimum weight of sacks shall be 600 grams.                        the currencies concerned recorded in the Member
                                                                   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
'Egypt 644 exp. / Wheat flour / Gift of the European               to the Tuesday of the following week being the
Economic Community / Action of the World Food                      period immediately preceding the closing date for
                                                                   submission of tenders.
Programme.'                                   -
To allow for the possibility ' of re-bagging, the
                                                                                      Article 4
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the
goods but with the printing followed by a capital             The contract shall be awarded to the tenderer offering
letter 'R\                                                    the best terms, taking into consideration the adjust­
                                                              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 award of the contract shall take place on 3        tion agency may cancel the invitation to tender.
November 1978 .
2.     The closing date for submission of tenders shall                               Article 5
be 3 November 1978 at 12 noon .
                                                               1 . The tenderer shall give security in an amount of
3.     The    notice of invitation  to tender shall be        10 units of account per tonne of goods.
published in the Official Journal of the European
Communities not less than nine days before the                It shall be released :
closing date for submission of tenders.                       — in the case of all tenderers whose tenders are
                                                                   unsuccessful or are not accepted,
                        Article 3
                                                              — in the case of the successful tenderer, when the
                                                                   operations concerned have been carried out within
1 . The prices offered must be expressed in the                    the prescribed time limit and on submission of
currency of the Member State in which the invitation               the original export licence duly granted and
to tender was issued.
                                                                   endorsed by the competent authorities of the
2. Tenders must in particular mention the Member                   Member State mentioned in the tender pursuant
                                                                   to Article 3 (2),
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs          — in the case of the successful tenderer, for quanti­
export formalities for the products concerned.                     ties not supplied by reason of force majeure.
3 . For the purpose of rendering the tenders compar­          2. The security required under paragraph 1 may be
able, the prices shall be corrected by the monetary           provided in the form of a cash deposit or of a
compensatory amount applicable on the closing date            guarantee issued by a credit institution conforming to
for submission of tenders to exports from the Member          criteria laid down by each Member State.
State mentioned in the tender pursuant to para­
graph 2.
                                                                                      Article 6
Such correction shall be made by :
                                                              1 . The goods referred to in Article 1 must meet the
— increasing prices which mention a Member State              following requirements :
     whose currency has depreciated or a new Member
     State,                                                   common wheat flour :
— reducing prices which mention a Member State                — moisture content : 1 5 % maximum,
     whose currency has been revalued.
                                                             ~— acidity : 4 ml NaOH/n maximum per 100 g (calcu­
The monetary compensatory amount shall, where                     lated on the dry matter),              ,
appropriate, be converted into the currency of the            — ash content : 0-52 % maximum on the dry matter.
 ---pagebreak--- No L 296/36                        Official Journal of the European Communities                             21 . 10. 78
If the goods referred to in Article 1 do not meet the         Furthermore, the amount of the successful tender
foregoing requirements they shall be rejected and the         shall be paid after it has been converted using the
successful tenderer shall be owner thereof.                   average of the spot rates referred to in the second
                                                              subparagraph of Article 3 (3) to the tenderer in the
2. Tenders for supply of the goods referred to in             currency of the Member State in which the operations
Article 1 must relate to products with the following          relating to the tendering are completed.
characteristics :
common wheat flour :                                          4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
— moisture content : 15% maximum,                             tion :
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­             (a) after each shipment a certificate showing the quan­
     lated on the dry matter),                                    tities dispatched and the quality of the products ;
— ash content : 0-52 % maximum on the dry matter.             (b) the date of departure of the vessels.
                                                              The information indicated above shall be forwarded
                         Article 7
                                                              by the intervention agency to the Commission imme­
1 . The German intervention agency shall be respon­           diately upon receipt.
sible for operations relating to the invitation to tender
provided for by this Regulation .                             5. When the agency responsible for the operations
                                                              relating to tendering is not the intervention agency
2.     It shall forthwith communicate to the Commis­          which appoints the successful tenderer, it shall send as
sion the list of firms which have responded to the invi­      soon as possible to the latter the information neces­
tation to tender, specifying the terms of each tender,        sary for releasing the security.
together with the name and business name of the
successful tenderer.                                                                  Article 8
3. Where the customs export formalities for the               On delivery of the goods at the port of shipment, a
mobilized product are completed in a Member State             handing-over certificate shall be supplied to the
other than that in which the invitation to tender is          successful tenderer, acting as agent for the Commu­
issued, the intervention agency of the latter Member          nity, by the agent of the recipient country or, in the
State shall be responsible for the operations following       absence of the latter, by the intervention agency of the
tendering, including payment to the successful                Member State in whose territory the port of shipment
tenderer.                                                     is situated.
In such case, the intervention agency choosing the                                    Article 9
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and              This Regulation shall enter into force on the day of its
shall supply it with all the information which it may         publication in the Official Journal of the European
require.                                                      Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 20 October 1978.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President