CELEX: 31979R2474
Language: en
Date: 1979-11-09 00:00:00
Title: Commission Regulation (EEC) No 2474/79 of 9 November 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services

10 . 11 . 79                              Official Journal of the European Communities                         No L 281 / 13
                                       COMMISSION REGULATION ( EEC) No 2474/79
                                                        of 9 November 1979
                 opening an invitation to tender for the mobilization of common wheat flour as
                                            food aid for the Catholic Relief Services
THE COMMISSION OF THE EUROPEAN                                       should be taken of the effect on each tender of the
COMMUNITIES,                                                         currency situation in the Member State in which the
                                                                     customs export formalities will be completed ;
Having regard to the Treaty establishing the European
 Economic Community,                                                 Whereas      the contract  should   be  awarded   to  the
                                                                     tenderer offering the best terms ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                   Whereas in case it should be impossible for reasons of
tion of the market in cereals ('), as last amended by                force majeure to complete the operation in question
Regulation (EEC) No 1 547/79 (2),                                    within the set time limits, it must be made clear who
                                                                      is to bear any costs resulting therefrom ;
 Having regard to Council Regulation ( EEC) No
2750/75 of 29 October 1975 laying down the condi­                    Whereas provision should be made for security to be
tions for the mobilization of cereals as food aid (3), and           given to guarantee fulfilment of the obligations arising
in particular Article 6 thereof,                                      by virtue of participation in the invitation to tender ;
 Having regard to Council Regulation No 129 on the                   Whereas the Dutch intervention agency should be
value of the unit of account and the exchange rates to                made responsible for organizing the invitation to
be applied for the purposes of the common agricul­                    tender ;
tural policy (4), as last amended by Regulation ( EEC)
 No 2543/73 (5), and in particular Article 3 thereof,
                                                                     Whereas the Commission must be informed quickly
                                                                      of the tenders submitted in response to the invitation
 Having regard to the opinion of the Monetary                         and of those accepted by the intervention agency ;
Committee,
Whereas on 8 May 1979 the Council of the European                    Whereas the measures provided for in this Regulation
Communities declared that it proposed , by way of                     are in accordance with the opinion of the Manage­
                                                                      ment Committee for Cereals,
Community action , to grant the equivalent of 500
tonnes of common wheat (in other words 376 tonnes
of common wheat flour) to the Catholic Relief
Services under its 1978 /79 food-aid programme ;
                                                                      HAS ADOPTED THIS REGULATION :
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                                              Article 1
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of                1 . Tenders are hereby invited for the supply to the
the vessel , the goods to be set down at the place nomi­              Catholic Relief Services, by way of Community action ,
                                                                      of 376 tonnes of common wheat flour.
 nated by the recipient or its agent ;
Whereas tenders may be submitted by tenderers esta­                   2. The tendering procedure shall take place in the
blished in any Member State of the Community and                      Netherlands in one lot . The product shall be mobi­
 may relate to products mobilized anywhere within                     lized on the Community market. The product shall be
 those Member States ; whereas, in view of the currency               loaded for departure from a Community port .
situation in the Member States and in order to ensure
 that the tenders are as comparable as possible, account              3 . The product referred to in paragraph 1 is to be
                                                                      delivered to the port of shipment in the vicinity of the
(»)  OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                            vessel . The goods must be set down at the place nomi­
(2)  OJ  No  L 188 , 26. 7. 1979, p. 1 .                              nated by the recipient country or its agent, the timing
(3)  OJ  No  L 281 , 1 . 11 . 1975, p. 89 .
(4)  OJ  No   106, 30 . 10 . 1962, p . 2553/62.                       of delivery being settled by the tenderer and the recip­
(5)  OJ  No  L 263, 19. 9 . 1973, p. 1 .                              ient country's agent.
 ---pagebreak---   No L 281 / 14                     Official Journal of the European Communities                              10 . 11 . 79
 4. The successful tenderer shall deliver the product               State in which the invitation to tender is issued
 specified in paragraph 1 in new jute sacks lined with              during a period from the Wednesday of one week
 cotton sacks of a net capacity of 50 kilograms.                    to the Tuesday of the following week being the
                                                                    period immediately preceding the closing date for
 The following shall be printed on the sacks :                      submission of tender.
 ' Farine de Froment / Don de la Communauté écono­
 mique européenne / Pour distribution gratuite en                                       Article 4
 Haïti / Cathwell / Port-au-Prince'.
                                                               The contract shall be awarded to the tenderer offering
 To allow for the possibility of re-bagging, the               the best terms, taking into consideration the adjust­
 successful tenderer shall supply 2 % of new empty             ment referred to in Article 3 (3).
 sacks, of the same quality as those containing the
 goods but with the printing followed by a capital             However, if the tenders submitted do not appear to
 letter 'R'.                                                   reflect normal market prices and costs, the interven­
                                                               tion agency may cancel the invitation to tender.
                         Article 2
                                                                                        Article 5
 1 . The decision on tenders received in response to
 the invitation provided for in Article 1 shall be taken       If the tenderer is unable to deliver the goods in
 on 23 November 1979 .                                         compliance with Article 1 (3) on the date given in the
                                                               notice of invitation to tender as a result of the late
 2.     The closing date for submission of tenders shall       availability of the vessels to be used for sea transporta­
 be 23 November 1979 at 12 noon .                              tion the resulting costs shall be borne by the interven­
                                                               tion agency.
 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                                         Article 6
closing date for submission of tenders.
                                                               1 . The tenderer shall give security of a value of 12
                                                               ECU per tonne of goods.
                        Article 3
                                                               It shall be released :
 1 . The prices offered must be expressed in the              — in the case of all tenderers whose tenders are
currency of the Member State in which the invitation
to tender was issued .                                             unsuccessful or are not accepted,
                                                              — in the case of the successful tenderer, when the
2. Tenders must in particular mention the Member                   operations concerned have been carried out within
State in which the tenderer, in the event of his being             the prescribed time limit and on submission of
declared successful , expects to complete the customs              the original export licence duly granted and
export formalities for the products concerned .                    endorsed by the competent authorities of the
                                                                   Member State mentioned in the tender pursuant
3 . For the purpose of rendering the tenders compar­               to Article 3 (2),
able, the prices shall be corrected by the monetary
compensatory amount applicable on the closing date            — in the case of the successful tenderer for quantities
for submission of tenders to exports from the Member               not supplied by reason of force majeure.
State mentioned in the tender pursuant to paragraph           2. The security required under paragraph 1 may be
2. Such correction shall be made by :                         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 .
— reducing prices which mention a Member State
     whose currency has been revalued .                                                Article 7
The monetary compensatory amount shall , where                1.     The common wheat flour referred to in Article 1
appropriate, be converted into the currency of the            must meet the following requirements :
Member State in which the invitation to tender is
                                                              — moisture : 1 2 % maximum,
issued using :
                                                              — protein content : 10 5 % minimum (N x 6 25 on
— in the case when the currencies concerned are
                                                                   dry matter),
     kept at any given moment . within a band of
     2-25 % , a conversion rate resulting from their          — ash content : 0-62 % maximum referred to dry
                                                                   matter .
     central rate,
— in the other cases, the average of the spot rates of        Flour not meeting these           requirements shall be
     the currencies concerned recorded in the Member          refused .
 ---pagebreak---  10 . 11 . 79                       Official Journal of the European Communities                          No L 281 / 15
 2. Tenders for supply of the common wheat flour              average of the spot rates referred to in the second
 referred to in Article 1 must relate to a product with       subparagraph of Article 3 (3) to the tenderer in the
the following characteristics :                               currency of the Member State in which the operations
— moisture : 12% maximum ,                                    relating to the tendering are completed.
— protein content : 10 5 /o minimum (N x 6-25 on              4. The intervention agency shall request the
     dry matter),                                             successful tenderer to supply the following informa­
— ash content : 0-62 % maximum referred to dry                tion :
      matter.
                                                              (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
                         Article 8
                                                              (b) the date of departure of the vessels.
 1 . The Dutch intervention agency shall be respon­           The information indicated above shall be forwarded
sible for operations relating to the invitation to tender     by the intervention agency to the Commission imme­
provided for by this Regulation .                             diately upon receipt.
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
                                                                                       A rt'ule 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 this 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 , 9 November 1979 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President