CELEX: 31979R2019
Language: en
Date: 1979-09-14 00:00:00
Title: Commission Regulation (EEC) No 2019/79 of 14 September 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for Somalia

No L         / 16                         Official Journal of the European Communities                              15 . 9 . 79
                                   COMMISSION REGULATION (EEC) No 2019/79
                                                      of 14 September 1979
                opening an invitation to tender for the mobilization of common wheat flour as
                                                       food aid for Somalia
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 who makes the best offer ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                  Whereas it must be made clear who is to bear any
tion of the market in cereals ('), as last amended by               costs which arise in the event that for reasons of force
Regulation (EEC) No 1547/79 (2),                                    majeure the operation in question is not completed
                                                                    within the time stipulated ;
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 obligations arising by
in particular Article 6 thereof,                                    virtue of articipation in the invitation to tender for the
                                                                    supply of goods to Somalia.
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to
                                                                    Whereas the Dutch intervention agency should be
be applied for the purposes of the common agricul­                  made responsible for organizing the invitation to
tural policy (4), as last amended by Regulation ( EEC)              tender ;
No 2543 /73 (5), and in particular Article 3 thereof,
Having regard to the opinion of the Monetary                        Whereas it is important that the Commission be
Committee ,
                                                                    informed without delay 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 by way of Community
action it proposed to grant to Somalia the equivalent               Whereas the measures provided for in this Regulation
of 13 000 tonnes of common wheat, in the form of                    are in accordance with the opinion of the Manage­
flour, i.e. 8 609 tonnes of common wheat flour, under               ment Committee for Cereals ,
its 1978/79 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 tenders should be invited for the supply of
                                                                                             Article 1
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 ;                                1.   An invitation to tender shall be issued in respect
                                                                    of the supply of 8 609 tonnes of common wheat flour
Whereas tenders may be submitted by tenderers esta­                  to Somalia by way of Community food-aid action .
blished in any Member State of the Community and
may relate to products mobilized anywhere within                     2. The tendering procedure shall take place in the
those Member States ; whereas, in view of the currency               Kingdom of the Netherlands and shall be in respect
situation in the Member States and in order to ensure                of a single lot.
that the tenders are as comparable as possible, account
 (i ) OJ No L 281 , 1 . 11 . 1975, p. 1 .                            3.   The goods shall be mobilized on the Commu­
 (*) OJ No L 188, 26. 7. 1979, p. 1 .                                nity market.
 (>) OJ No L 281 , 1 . 11 . 1975, p. 89.
 («) OJ No 106, 30. 10. 1962, p. 2553/62.
 (*) OJ No L 263, 19. 9. 1973, p. 1 .                                4.   Shipment shall be from a Community port .
 ---pagebreak--- 15 . 9 . 79                         Official Journal of the European Communities                        No L 233/ 17
5 . The product referred to in paragraph 1 is to be                2-25 % , a conversion rate resulting from their
delivered in new cotton sacks of a net capacity of 50              central rate,
kilograms to the port of shipment in the vicinity of          — in the other cases, the average of the spot rates of
the vessel . The goods must be set down at the place               the currencies concerned recorded in the Member
nominated by the recipient country or its agent, the               State in which the invitation to tender is issued
timing of delivery being settled by the tenderer and               during a period from the Wednesday of one week
the recipient country's agent.                                     to the Tuesday of the following week being the
                                                                   period immediately preceding the closing date for
6.     The following shall be printed on the sacks :               submission of tenders .
'Wheat       flour / Gift of  the   European    Economic
Community to Somalia'.                                                                Article 4
To allow for the possibility of re-bagging, the
                                                              The contract shall be awarded to the tenderer offering
successful tenderer shall supply 2 % of new empty             the best terms, taking into consideration the adjust­
sacks, of the same quality as those containing the            ment referred to in Article 3 (3).
goods but with the printing followed by a capital
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 award of the contract shall take place on 27                                 Article 5
September 1979 .
                                                               1 . The tenderer shall give security in an amount of
2. The closing date for submission of tenders shall            12 ECU per tonne of goods .
be 27 September 1979 at 12 noon .
                                                               It shall be released :
3.     The     notice of invitation  to tender shall be
published in the Official Journal of the European             — in the case of all tenderers whose tenders are
Communities not less than nine days before the                     unsuccessful or are not accepted,
closing date for submission of tenders.                       — in the case of the successful tenderer, when the
                                                                   operations concerned have been carried out within
                          Article 3
                                                                   the prescribed time limit and on submission of
                                                                   the original export licence duly granted and
                                                                   endorsed by the competent authorities of the
 1 . The prices offered must be expressed in the                   Member State mentioned in the tender pursuant
currency of the Member State in which the invitation               to Article 3 (2),
to tender was issued .
                                                              — in the case of the successful tenderer, for quanti­
2.     Tenders must in particular mention the Member               ties not supplied by reason of force majeure.
State in which the tenderer, in the event of his being
declared successful , expects to complete the customs          2. The security required under paragraph 1 may be
export formalities for the products concerned.                 provided in the form of a cash deposit or of a
                                                              guarantee issued bj a Credit institution conforming to
3 . For the purpose of rendering the tenders compar­           criteria laid 'down By each Member State.
able, the prices shall be corrected by the monetary
compensatory amount applicable on the closing date                                    Article 6
for submission of tenders to exports from the Member
State mentioned in the tender pursuant to paragraph            1 . The goods referred to in Article 1 which are to
 2. Such correction shall be made by :                         be supplied to Somalia must meet the following
— increasing prices which mention a Member State               requirements :•
     whose currency has depreciated,
                                                               common wheat flour :
— reducing prices which mention a Member State
     whose currency has been revalued .                        — moisture content : 15 % maximum,
                                                               — 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
 Member State in which the invitation to tender is             — ash content : 0-52 % maximum on the dry matter.
 issued using :
                                                               If the goods referred to in Article 1 do not meet the
— in the case when the currencies concerned are                foregoing requirements they shall be rejected and the
     kept at any given moment within a band of                 successful tenderer shall be owner thereof.
 ---pagebreak---  No L 233 / 18                     Official Journal of the European Communities                               15 . 9 . 79
 2. Tenders for supply to Somalia of the goods                 average of the spot rates referred to in the second
 referred to in Article 1 must relate to products with        subparagraph of Article 3 (3) to the tenderer in the
 the following characteristics :                              currency of the Member State in which the operations
 common wheat flour :                                         relating to the tendering are completed.
— moisture content : 15% maximum ,                            4. The intervention agency shall request the
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­             successful tenderer to supply the following informa­
                                                              tion :
     lated on the dry matter),
— ash content : 0-52 % maximum on the dry matter.             (a) after each shipment, a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
                         Article 7                            (b) the date of departure of the vessels.
 1 . The Dutch intervention agency shall be respon­           The information indicated above shall be fowarded by
sible for operations relating to the invitation to tender     the intervention agency to the Commission immedi­
provided for by this Regulation .                             ately upon receipt.
2.     It shall forthwith communicate to the Commis­          5. When the agency responsible for the operations
sion the list of firms which have responded to the invi­      relating to tendering is not the intervention agency
tation to tender, specifying the terms of each tender,        which appoints the successful tenderer, it shall send as
together with the name and business name of the               soon as possible to the latter the information neces­
successful tenderer.                                          sary for releasing the security.
3 . Where the customs export formalities for the
                                                                                       Article 8
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 suply it with all the information which it may                                   Article 9
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, 14 September 1979 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President