CELEX: 31979R2357
Language: en
Date: 1979-10-26 00:00:00
Title: Commission Regulation (EEC) No 2357/79 of 26 October 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Sudan

27 . 10 . 79                              Official Journal of the European Communities                         No L 270/5
                                     COMMISSION REGULATION (EEC) No 2357/79
                                                         of 26 October 1979
                opening an invitation to tender for the mobilization of common wheat flour as
                                       food aid for the Democratic Republic of Sudan
 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 1 547/79 (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 participation in the invitation to tender for
                                                                     the supply of goods to Sudan ;
 Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to               Whereas the Belgian intervention agency should be
 be applied for the purposes of the common agricul­                  made responsible for the tendering procedure in ques­
 tural policy (4), as last amended by Regulation (EEC)               tion ;
 No 2543/73 (5), and in particular Article 3 thereof,
                                                                     Whereas it is important that the Commission be
 Having regard to the opinion of the Monetary                        informed without delay of the tenders submitted in
 Committee,
                                                                     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
                                                                     Whereas the measures provided for in this Regulation
 action it proposed to grant to Sudan the equivalent of              are in accordance with the opinion of the Manage­
4 000 tonnes of common wheat, in the form of flour,
                                                                     ment Committee for Cereals,
 i.e. 2 649 tonnes of wheat flour, under 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
                                                                      1 . An invitation to tender shall be issued in respec
 nated by the recipient or its agent ;                               of the supply of 2 649 tonnes of common wheat flou :
                                                                     to the Democratic Republic of Sudan by way o
Whereas tenders may be submitted by tenderers esta­                   Community food-aid action .
blished in any Member State of the Community and
 may relate to products mobilized anywhere within
 those Member States ; whereas, in view of the currency               2. The tendering procedure shall take place in th <
situation in the Member States and in order to ensure                 Kingdom of Belgium and shall be in respect of ;
that the tenders are as comparable as possible, account              single lot.
(')  OJ No   L 281 , 1 . 11 . 1975, p. 1 .                           3 . The product 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 Antwerp.
 ---pagebreak--- No L 270 /6                       Official Journal of the European Communities                           27 . 10 . 79
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 Sudan / For free distribution'.                                          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
sacks, of the same quality as those containing the          the best terms, taking into consideration the adjust­
                                                             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 9                                 Article 5
November 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 9 November 19 79 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
 1 . The prices offered must be expressed in the                 endorsed by the competent authorities of the
currency of the Member State in which the invitation             Member State mentioned in the tender pursuant
to tender was issued .                                           to Article 3 (2),
                                                             — 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 by 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
for submission of tenders to exports from the Member                                   Article 6
State mentioned in the tender pursuant to paragraph
 2. Such correction shall be made by :                       1 . The goods referred to in Article 1 which are to
                                                             be supplied to the Democratic Republic of Sudan
— increasing prices which mention a Member State             must meet the following requirements :
     whose currency has depreciated,
                                                             co m m o n ivheat flour :
— reducing prices which mention a Member State
     whose currency has been revalued .                      — moisture content : 1 5 % maximum ,
                                                             — acidity : 4 ml NaOH/n maximum per 100 g
The monetary compensatory amount shall, where                    (calculated 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--- 27 . 10 . 79                       Official Journal of the European Communities                           No L 270/7
2. Tenders for supply to Sudan 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 ivheat flour :                                         relating to the tendering are completed .
— moisture content : 1 5 % 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
                                                                  quantitities dispatched and the quality of the
                         Article 7
                                                                  products ;
                                                              (b) the date of departure of the vessels.
1 . The Belgian intervention agency shall be respon­          The information indicated above shall be forwarded
sible for operations relating to the invitations to
tender provided for by this Regulation .                      by the intervention agency to the Commission imme­
                                                              diately upon receipt.
2.     It shall forthwith communicate to the Commis­
sion the list of firms which have responded to the invi­      5. When the agency responsible for the operations
                                                              relating to tendering is not the intervention agency
tation to tender, specifying the terms of each tender,
together with the name and business name of the               which appoints the successful tenderer, it shall send as
successful tenderer.                                          soon as possible to the latter the information neces­
                                                              sary for releasing the security.
3 . Where the customs export formalities for the
mobilized product are completed in a Member State                                     Article 8
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member          On delivery of the goods at the port of shipment, a
State shall be responsible for the operations following       handing-over certificate shall be supplied to the
tendering, including payment to the successful                successful tenderer, acting as agent for the Commu­
tenderer.                                                     nity, by the agent of the recipient country or, in the
                                                              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
successful tenderer shall immediately inform the inter­       is situated .
vention agency of the Member State concerned and
shall supply 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, 26 October 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President