CELEX: 31978R1657
Language: en
Date: 1978-07-14 00:00:00
Title: Commission Regulation (EEC) No 1657/78 of 14 July 1978 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Sao Tome and Principe

15. 7. 78                               Official Journal of the European Communities                          No L 192/27
                                 COMMISSION REGULATION (EEC) No 1657/78
                                                        of 14 July 1978
              opening a new invitation to tender for the mobilization of common wheat flour
                     as food aid for the Democratic Republic of Sao Tome and Principe
THE COMMISSION OF THE EUROPEAN                                     limits specified, it must be made clear who is to bear
COMMUNITIES,                                                       the liability for any resulting costs ;
Having regard to the Treaty establishing the European              Whereas provision should be made for security to be
Economic Community,                                                given for the purpose of guaranteeing that the obliga­
                                                                   tions arising by virtue of participation in the invita­
                                                                   tion to tender will be fulfilled ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as last amended by              Whereas the Italian intervention agency should be
Regulation (EEC) No 1 254/78 (2),                                  made responsible for the tendering procedure ;
                                                                   Whereas the Commission must be informed quickly
Having regard to Council Regulation (EEC) No                       of the tenders submitted in response to the invitation
2750/75 of 29 October 1975 laying down the condi­
                                                                   and of those accepted by the intervention agency ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,
                                                                   Whereas the Monetary Committee will be consulted ;
                                                                   whereas, in view of the urgency, the measures envis­
Whereas on 30 January 1978 the Council of the Euro­                aged should be adopted in accordance with the condi­
pean Communities declared that it proposed, by way                 tions laid down in Article 3 (2) of Council Regulation
of Community action, to grant the equivalent of 602                No 129 on the value of the unit of account and the
tonnes of common wheat (in other words 400 tonnes                  exchange rates to be applied for the purposes of the
of common wheat flour) to the Democratic Republic                  common agricultural policy (4), as last amended by
of Sao Tome and Principe under its 1977/78 food-aid                Regulation (EEC) No 2543/73 (5), and in particular
programme ;                                                        Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­               Whereas the measures provided for in this Regulation
tion (EEC) No 2750/75 the goods may be purchased                   are in accordance with the opinion of the Manage­
anywhere on the Community market ;                                 ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products to the dock or in the
lighter where applicable at the port of unloading ;                HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                                              Article 1
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency              1 . Tenders are hereby invited for the supply to the
situation in the Member States and in order to ensure              Democratic Republic of Sao Tome and Principe, by
that the tenders are as comparable as possible, account            way of Community action , of 400 tonnes of common
should be taken of the effect on each tender of the                wheat flour.
currency situation in the Member State in which the
customs export formalities will be completed ;                     2. The tendering procedure shall take place in Italy
                                                                   in one lot. The product shall be mobilized on the
Whereas the award under the invitation to tender                   Community market. The products shall be loaded for
must be made in favour of the tenderer offering the                departure from a Community port.
best terms ;
                                                                   3 . The invitation to tender provided for in (para­
Whereas, should force majeure make it impossible to                graph 1 is for supply of products to the dock or in the
complete the operation in question within the time                  lighter where applicable at the port of unloading (Sao
                                                                   Tome).
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6 . 1978, 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---   No L 192/ 28                       Official Journal of the European Communities                            15 . 7 . 78
 4.     The    successful   tenderer  shall    deliver   the        2-25 % , a conversion rate resulting from their
 products in new cotton sacks of a net capacity of 50               central rate,
 kilograms .                                                   — in the other cases, the average of the spot rates of
                                                                    the currencies concerned recorded in the Member
The minimum weight of the sacks shall be 180 grams.                 State in which the invitation to tender is issued
The following shall be printed on the sacks :                       during a period from the Wednesday of one week
                                                                    to the Tuesday of the following week being the
 ' Farinha — Dom da Comunidade economica europeia                   period immediately preceding the closing date for
 a Republica democratica de São Tomé e Principe'.                   submission of tenders .
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                                      Article 4
sacks of the same quality as those containing the
goods but with the printing followed by a capital              The contract shall be awarded to the tenderer offering
 letter ' R'.
                                                               the best terms, taking into consideration the adjust­
                                                               ment referred to in Article 3 (3).
                          Article 2
                                                                However, if the tenders submitted do not appear to
 1 . The decision on tenders received in response to           reflect normal market prices and costs, the interven­
the invitation provided for in Article 1 shall be taken        tion agency may cancel the invitation to tender.
on 28 July 1978 .
2. The closing date for the submission of tenders                                      Article 5
shall be 28 July 1978 at 12 noon .
                                                                1 . The tenderer shall give security in an amount of
3.      The   notice  of  invitation to   tender   shall  be
                                                                10 units of account per tonne of goods.
published in the Official Journal of the European
Communities not less than nine days before the                 It shall be released :
closing date for the submission of tenders.
                                                               — in the case of all tenderers whose tenders are
                                                                    unsuccessful or are not accepted,
                          Article 3
                                                               — in the case of the successful tenderer, when the
 1 . The prices offered must be expressed in the                    operations concerned have been carried out within
currency of the Member State in which the invitation                the prescribed time limit and on submission of
to tender was issued .                                              the original export licence duly granted and
                                                                    endorsed by the competent authorities of the
2. Tenders must in particular mention the Member                    Member State mentioned in the tender pursuant
State in which the tenderer, in the event of his being              to Article 3 (2),
declared successful , expects to complete the customs          — in the case of the successful tenderer for quantities
export formalities for the products concerned.                      not supplied by reason of force majeure.
3.      For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected        2. The security required under paragraph 1 may be
by the monetary compensatory amount applicable on              provided in the form of a cash deposit or of a
the closing date for submission of tenders to exports          guarantee issued by a credit institution conforming to
from     the Member State      mentioned    in  the tender     criteria laid down by each Member State.
pursuant to paragraph s.
Such correction shall be made by :                                                     Article 6
— increasing prices which mention a Member State               1.     The common wheat flour referred to in Article 1
     whose currency has depreciated or a new Member            to be supplied to Sao Tome and Principe must meet
     State ,                                                   the following requirements :
— reducing prices which mention a Member State
                                                               — moisture : 12 % maximum ,
     whose currency has been revalued .
                                                               — protein content : 10.5 % minimum (N x 6.25 on
The monetary compensatory amount shall , where                      dry matter),
appropriate, be converted into the currency of the
Member State in which the invitation to tender is              — ash content : 0.52 % maximum referred to dry
                                                                    matter.
issued using :
— in the case when the currencies concerned are                Flour not meeting these requirements shall be
     kept at any given moment within a band of                 refused .
 ---pagebreak--- 15 . 7 . 78                        Official Journal of the European Communities                          No L 192/ 29
2.     Tenders for supply to Sao Tome and Principe of         subparagraph of Article 3 (3) to the tenderer in the
the common wheat flour referred to in Article 1 must          currency of the Member State in which the operations
relate to a product with the following characteristics :      relating to the tendering are completed .
— moisture : 1 2 % maximum,                                   4. The intervention agency shall ask that the
— protein content : 10-5 % minimum (N x 6-25 on               tenderer specifies the following information :
     dry matter),                                             (a) after each shipment, a statement giving details of
— ash content : 0-52 % maximum referred to dry                    the quantities loaded, the quality of the products
     matter.
                                                                  and their packaging ;
                                                              (b) the date of the departure of the ship ; the expected
                         Article 7                                date of arrival of the products at their destination ;
1 . The Italian intervention agency shall be respon­          (c) all possible contingencies which might occur
sible for the operations relating to the invitation to            during transportation of the products.
tender provided for by this Regulation .                      The intervention agency shall transmit the informa­
2.     It shall forthwith communicate to the Commis­          tion provided for to the Commission as soon as it is
                                                              received .
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,        5. When the intervention agency responsible for
together with the name and business name of the               the operations relating to tendering is not the interven­
successful tenderer.
                                                              tion agency which appoints the successful tenderer, it
3 . Where the customs export formalities for the              shall send as soon as possible to the latter the informa­
mobilized product are completed in a Member State             tion necessary for releasing the security.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member                                   Article 8
State shall be responsible for the operations following       As regards this tender the intervention agency is auth­
tendering, including payment to the successful                orized to make an initial payment of 80 % of the
tenderer.
                                                              value of the quantity given in the bill of lading, on
In such case, the intervention agency choosing the            presentation of that document and subject to the
successful tenderer shall immediately inform the inter­       taking of a security for an amount equal to the initial
vention agency of the Member State concerned and              payment.
shall supply it with all the information which it may
require.                                                                               Article 9
Furthermore, the amount of the successful tender              This Regulation shall enter into force on the day of its
shall be paid after it has been converted using the           publication in the Official Journal of the European
average of the spot rates referred to in the second           Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 14 July 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President