CELEX: 31977R2228
Language: en
Date: 1977-10-07 00:00:00
Title: Commission Regulation (EEC) No 2228/77 of 7 October 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for Guinea Bissau

No L 257/ 14                             Official Journal of the European Communities                                   8 . 10 . 77
                                     COMMISSION REGULATION (EEC) No 2228/77
                                                        of 7 October 1977
               opening an invitation to tender for the mobilization of common wheat flour as
                                                    food aid for Guinea Bissau
 THE COMMISSION OF THE EUROPEAN                                      Whereas the Belgian intervention agency should be
 COMMUNITIES,                                                        made responsible for the tendering procedure ;
 Having regard to the Treaty establishing the European               Whereas the Commission must be informed quickly
 Economic Community,                                                 of the tenders submitted in response to the invitation
 Having regard to Council Regulation (EEC) No                        and of those accepted by the intervention agency ;
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals ('), as last amended by               Whereas the Monetary Committee will be consulted ;
 Regulation (EEC) No 1 386/77 (2),                                   whereas, in view of the urgency, the measures envis­
                                                                     aged should be adopted in accordance with the condi­
 Having regard to Council Regulation (EEC) No                        tions laid down in Article 3 (2) of Council Regulation
 2750/75 of 29 October 1975 laying down the condi­                   No 129 on the value of the unit of account and the
 tions for the mobilization of cereals as food aid (3), and          exchange rates to be applied for the purposes of the
 in particular Article 6 thereof,                                    common agricultural policy (4), as last amended by
                                                                     Regulation (EEC) No 2543/73 (5), and in particular
Whereas on 25 March 1976 , the Council of the Euro­                  Article 3 thereof ;
 pean Communities declared that it proposed, by way
 of Community action , to grant the equivalent of 2 500              Whereas the measures provided for in this Regulation
 tonnes of common wheat (in other words 1 656                        are in accordance with the opinion of the Manage­
 tonnes of common wheat flour) to Guinea Bissau                      ment Committee for Cereals,
 under its 1975/76 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 the proposed invitation to tender should be                                             Article 1
 for supply of the products delivered in the ship's hold
at the port of unloading ;
                                                                     1 . Tenders are hereby invited for the supply to
Whereas tenders may be submitted by tenderers esta­                  Guinea Bissau, by way of Community action , of 1 656
 blished in any Member State of the Community and                    tonnes of common wheat flour.
 may relate to products mobilized anywhere within
 those Member States ; whereas, in view of the currency              2. The tendering          procedure shall take place in
 situation in the Member States and in order to ensure               Belgium in one lot.       The product shall be mobilized
 that the tenders are as comparable as possible, account            on the Community            market. The product shall be
should be taken of the effect on each tender of the                  loaded for departure      from any Community port.
currency situation in the Member State in which the
customs export formalities will be completed ;                       3 . The invitation to tender provided for in para­
                                                                    graph 1 is for supply of products delivered in the
Whereas the award under the invitation to tender                    ship's hold at the port of unloading (Bissau). The recip­
must be made in favour of the tenderer offering the                  ient country shall bear all costs subsequent to delivery
best terms ;                                                        of the goods including unloading costs (such as
                                                                    unstowing, hoisting and reception) arid any lighterage
Whereas, should force majeure make it impossible to                 costs .
complete the operation in question within the time
limits specified, it must be made clear who is to bear
the liability for any resulting costs ;
                                                                    Any demurrage costs or dispatch money at the port of
                                                                    unloading shall be a charge on or for the benefit of
Whereas provision should be made for security to be                 the recipient country.
given for the purpose of guaranteeing that the obliga­
tions arising by virtue of participation in the invita­             4.      The  successful       tenderer     shall deliver     the
tion to tender will be fulfilled ;                                  products in new cotton sacks of a net capacity of 50
                                                                    kilograms .
(') OJ No L 281 , 1 . 11 . 1975, p . 1 .
(2 ) OJ No L 158 , 29 . 6 . 1977, p . 1 .                           (4 ) OJ No 106 , 30 . 10 . 1962, p . 2553 /62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                             (5) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak---  8 . 10 . 77                       Official Journal of the European Communities                        No L 257/ 15
Minimum weight of the sacks shall be 180 grams. The                during a period from the Wednesday of one week
fallowing shall be printed on the sacks :                          to the Tuesday of the following week being the
'Farinha de trigo — Dom da Comunidade economica                    period immediately preceding the closing date for
                                                                   submission of tenders.
europeia'.
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           The contract shall be awarded to the tenderer offering
goods but with the printing followed by a capital            the best terms, taking into consideration the adjust­
letter ' R'.                                                 ment referred to in Article 3 (3).
                                                              However, if the tenders submitted do not appear to
                        Article 2
                                                             reflect normal market prices and costs, the interven­
 1 . The decision on tenders received in response to         tion agency may cancel the invitation to tender.
the invitation provided for in Article 1 shall be taken
on 21 October 1977.                                              ,                    Article 5
2.     The closing date for the submission of tenders         1 . The tenderer shall give security in an amount of
shall be 21 October 1977 at 12 noon .                         10 units of account per tonne of goods.
3.     The   notice  of invitation to   tender shall  be     It shall be released :
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 the submission of tenders.
                                                             — in the case of the successful tenderer, when the
                        Article 3
                                                                   operations concerned have been carried out within
                                                                   the prescribed time limit and on submission of
 1 . The prices offered must be expressed in the                   the original export licence duly granted and
currency of the Member State in which the invitation               endorsed by the competent authorities of the
to tender was issued .                                             Member State mentioned in the tender pursuant
                                                                   to Article 3 (2),
2. Tenders must in particular mention the Member             — in the case of the siuccessful tenderer for quantities
State in which the tenderer, in the event of his being             not supplied by reason of force majeure.
declared successful, expects to complete the customs
expert formalities for the products concerned .              2. The security required under paragraph 1 may be
                                                             provided in the form of a cash deposit or of a
3 . For the purpose of rendering the tenders compar­         guarantee issued by a credit institution conforming to
able, the prices shall, where appropriate, be corrected      criteria laid down by each Member State.
by the monetary compensatory amount and the acces­
sion compensatory amount applicable on the closing
                                                                                      Article 6
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to             1.      The common wheat flour referred to in Article 1
paragraph 2.                                                 to be supplied to Guinea Bissau must meet the
Such correction shall be made by :                           following requirements :
— increasing prices which mention a Member State             — moisture : 14% maximum,
     whose currency has depreciated or a new Member          — protein content : 10-5 % minimum (N x 6-25 on
     State ,                                                       dry matter),
— reducing prices which mention a Member State               — ash content : 0 52 % maximum referred to dry
     whose currency has been revalued .                            matter .
The monetary compensatory amount shall , where               Flour not meeting these requirements shall be
appropriate, be converted into the currency of the           refused .
Member State in which the invitation to tender is
issued using :                                               2.      Tenders for supply to Guinea Bissau, of the
                                                             common wheat flour referred to in Article 1       must
— in the case when the currencies concerned are
                                                             relate to a product with the following characteristics :
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their         — moisture 14 % maximum ,
     central rate,                                           — protein content : 1 0-5 % minimum ( N x 625 on
— in the other cases, the average of the spot rates of             dry matter),
     the currencies concerned recorded in the Member         — ash content : 0-52 % maximum referred to dry
     State in which the invitation to tender is issued             matter.
 ---pagebreak---  No L 257/ 16                       Official Journal of the European Communities                               8 . 10 . 77
                         Article 7                            (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
 1 . The Belgian intervention agency shall be respon­             and their packaging ;
 sible for the operations relating to the invitation to
 tender provided for by this Regulation .                     (b) the date of the departure of the ships ; the
                                                                  expected date of arrival of the products at their
 2.    It shall forthwith communicate to the Commis­              destination ;
 sion the list of firms which have responded to the invi­     (c) all possible contingencies which might occur
 tation to tender, specifying the terms of each tender,           during transportation of the products.
 together with the name and business name of the
 successful tenderer.                                         The intervention agency shall transmit the informa­
                                                              tion provided for the Commission as soon as it is
3 . Where the customs export formalities for the              received .
mobilized product are completed in a Member State
other than that in which the invitation to tender is          5. When the intervention agency responsible for
issued, the intervention agency of the latter Member          the operations relating to tendering is not the interven­
State shall be responsible for the operations following       tion agency which appoints the successful tenderer, it
tendering, including payment to the successful ten­           shall send as soon as possible to the latter the informa­
derer.                                                        tion necessary for releasing the security.
In such case, the intervention agency choosing the                                      Article 8
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and              As regards this tender the intervention agency is auth­
shall supply it with all the information which it may         orized to make an initial payment of 80 % of the
require.                                                      value of the quantity given in the bill of lading, on
Furthermore, the amount of the successful tender              presentation of that document and subject to the
shall be paid after it has been converted using the           taking of a security for an amount equal to the initial
average of the spot rates referred to in the second           payment.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                   Article 9
relating to the tendering are completed .
                                                              This Regulation shall enter into force on the day of its
4. The intervention agency shall ask that the                 publication in the Official Journal of the European
tenderer specifies ihe following information :                Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 7 October 1977 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President