CELEX: 31979R1633
Language: en
Date: 1979-07-27 00:00:00
Title: Commission Regulation (EEC) No 1633/79 of 27 July 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of the Philippines

28 . 7 . 79                             Official Journal of the European Communities                         No L 190/47
                                  COMMISSION REGULATION (EEC) No 1633/79
                                                        of 27 July 1979
              opening an invitation to tender for the mobilization of common wheat flour as
                                       food aid for the Republic of the Philippines
THE COMMISSION OF THE EUROPEAN                                    Whereas, should force majeure make it impossible to
COMMUNITIES,                                                      complete the operation in question within the set
                                                                  time limit, it should be made clear who is to bear the
Having regard to the Treaty establishing the European
                                                                  liability for any resulting costs ;
Economic Community,
Having regard to Council Regulation (EEC) No                      Whereas provision should be made for security to be
2727/75 of 29 October 1975 on the common organiza­                given to guarantee fulfilment of obligations arising by
tion of the market in cereals ('), as last amended by             virtue of participation in the invitation to tender for
Regulation (EEC) No 1 254/78 (2),                                 the supply of goods to the Republic of the Philip­
                                                                   pines ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and        Whereas the Belgian intervention agency should be
in particular Article 6 thereof,                                   made responsible for organizing 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 Commission must be informed quickly
be applied for the purposes of the common agricul­                of the tenders submitted in response to the invitation
tural policy (4), as last amended by Regulation (EEC)             and of those accepted by the intervention agency ;
No 2543/73 (5), and in particular Article 3 thereof,
Having regard to the opinion of the Monetary                      Whereas the measures provided for in this Regulation
Committee,                                                        are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
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 2 000
tonnes of common wheat, in the form of 1 325 tonnes                HAS ADOPTED THIS REGULATION :
of common wheat flour, to the Republic of the Philip­
pines under its 1978 /79 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­                                       Article 1
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                 1 . An invitation to tender shall be issued in respect
Whereas tenders should be invited for the supply of               of the supply of 1 325 tonnes of common wheat flour
the product to the port of shipment in the vicinity of             to the Republic of the Philippines by way of Commu­
the vessel, the goods to be set down at the place nomi­            nity food-aid action .
nated by the recipient or its agent ;
                                                                   2. The tendering procedure shall take place in the
Whereas tenders may be submitted by tenderers esta­                Kingdom of Belgium and shall be in respect of a
blished in any Member State of the Community and                   single lot.
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency             3 . The product shall be mobilized on the Commu­
situation in the Member States and in order to ensure
                                                                   nity market.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
                                                                   4.    Shipment shall be from Antwerp.
currency situation in the Member State in which the
customs export formalities will be completed ;
                                                                   5. The product referred to in paragraph 1 is to be
Whereas the award under the invitation to tender                   delivered in new jute sacks of a net capacity of 50 kilo­
must be made in favour of the tenderer offering the               grams to the port of shipment in the vicinity of the
best terms :                                                      vessel . The goods must be set down at the place nomi­
                                                                   nated by the recipient country or its agent, the timing
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                            of delivery being settled by the tenderer and the recip­
(2) OJ No L 156, 14. 6. 1978 , p. 1 .                              ient country's agent.
b) OJ No L 281 , 1 . 11 . 1975, p. 89.
(<) OJ No 106, 30. 10 . 1962, p. 2553/62.
(5) OJ No L 263, 19 . 9 . 1973 , p. 1 .                            Minimum weight of the sacks shall be 600 grams.
 ---pagebreak--- No L 190/48                       Official Journal of the European Communities                               28 . 7. 79
6.    The following shall be printed on the sacks :              period immediately preceding the closing date for
                                                                 submission of tenders .
'Wheat flour — Gift of the European Economic
Community to the Republic of the Philippines.'
                                                                                     Article 4
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty           The contract shall be awarded to the tenderer offering
sacks, of the same quality as those containing the          the best terms, taking into consideration the adjust­
goods but with the printing followed by a capital           ment referred to in Article 3 (3).
letter 'R'.
                                                            However, if the tenders submitted do not appear to
                                                            reflect normal market prices and costs, the interven­
                       Article 2                            tion agency may cancel the invitation to tender.
 1.   The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken                              Article 5
on 10 August 1979.
                                                            If the tenderer is unable to deliver the goods in
2. The closing date for submission of tenders shall         compliance with Article 1 (5) on the date given in the
be 10 August 1979 at 12 noon .                              notice of invitation to tender as a result of the late
                                                            availability of the vessels to be used for sea transporta­
3.    The   notice  of invitation  to  tender shall  be     tion, the resulting costs shall be borne by the interven­
published in the Official Journal of the European           tion agency.
Communities not less than nine days before the
closing date for submission of tenders.
                                                                                     Article 6
                       Article 3                             1 . The tenderer shall give security in an amount of
                                                             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
State in which the tenderer, in the event of his being      — in the case of the successful tenderer, when the
declared successful, expects to complete the customs             operations concerned have been carried out within
export formalities for the products concerned.                   the prescribed time limit and on submission of
                                                                 the original export licence duly granted and
3 . For the purpose of rendering the tenders compar­             endorsed by the competent authorities of the
able, the prices shall be corrected by the monetary              Member State mentioned in the tender pursuant
compensatory amount applicable on the closing date               to Article 3 (2),
for submission of tenders to exports from the Member        — in the case of the successful tenderer for quantities
State mentioned in the tender pursuant to paragraph              not supplied by reason of force majeure.
2. Such correction shall be made by :
                                                            2. The security required under paragraph 1 may be
— increasing prices which mention a Member State
                                                            provided in the form of a cash deposit or of a
    whose currency has depreciated,
                                                            guarantee issued by a credit institution conforming to
— reducing prices which mention a Member State              criteria laid down by each Member State.
    whose currency has been revalued.
The monetary compensatory amount shall, where                                        Article 7
appropriate, be converted into the currency of the
Member State in which the invitation to tender is           1.     The common wheat flour referred to in Article 1
issued using :                                              to be supplied to the Republic of the Philippines
                                                            must meet the following requirements :
— 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 the other cases, the average of the spot rates of      — ash content : 0-52 % maximum referred to dry
    the currencies concerned recorded in the Member              matter.
    State in which the invitation to tender is issued
    during a period from the Wednesday of one week          Flour not meeting these requirements shall be
    to the Tuesday of the following week being the          refused .
 ---pagebreak--- 28 . 7 . 79                        Official Journal of the European Communities                          No L 190/49
2. Tenders for supply to the Republic of the Philip­          average of the spot rates referred to in the second
pines of the common wheat flour referred to in                subparagraph of Article 3 (3) to the tenderer in the
Article 1 must relate to a product with the following         currency of the Member State in which the operations
characteristics :                                             relating to the tendering are completed .
— moisture : 14% maximum,
                                                              4. The intervention agency shall request the
— protein content : 10-5 % minimum (N x 6-25 on               successful tenderer to supply the following informa­
     dry matter) ;                                            tion :
— ash content : 0-52 % maximum referred to dry                (a) after shipment a certificate showing the quantities
     matter.
                                                                  dispatched and the quality of the products ;
                         Article 8
                                                              (b) the date of departure of the vessels.
                                                              The information indicated above shall be forwarded
1 . The Belgian intervention agency shall be respon­
                                                              by the intervention agency to the Commission imme­
sible for operations relating to the invitations to
                                                              diately upon receipt.
tender provided for by this Regulation .
2.     It shall forthwith communicate to the Commis­          5. When the intervention agency responsible for
sion the list of firms which have responded to the invi­      the operations relating to tendering is not the interven­
tation to tender, specifying the terms of each tender,        tion agency which appoints the successful tenderer, it
together with the name and business name of the               shall send as soon as possible to the latter the informa­
successful tenderer.                                          tion necessary for releasing the security.
3. Where the customs export formalities for the                                       Article 9
mobilized product are completed in a Member State
other than that in which the invitation to tender is          On delivery of the goods at the port of shipment, a
issued, the intervention agency of the latter Member          handing-over certificate shall be supplied to the
State shall be responsible for the operations following       successful tenderer, acting as agent for the Commu­
tendering, including payment to the successful                nity, by the agent of the recipient country or, in the
tenderer.                                                     absence of the latter, by the intervention agency of the
In such case, the intervention agency choosing the            Member State in whose territory the port of shipment
                                                              is situated .
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and
shall supply it with all the information which it may                                 Article 10
require.
                                                              This Regulation shall enter into force on the day of its
Furthermore, the amount of the successful tender              publication in the Official Journal of the European
shall be paid after it has been converted using the           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