CELEX: 31979R1720
Language: en
Date: 1979-08-03
Title: Commission Regulation (EEC) No 1720/79 of 3 August 1979 opening an invitation to tender for the mobilization of common wheat flour and maize as food aid for Jamaica

No L 198 /28                             Official Journal of the European Communities                              4. 8 . 79
                                    COMMISSION REGULATION (EEC) No 1720/79
                                                        of 3 August 1979
               opening an invitation to tender for the mobilization of common wheat flour
                                           and maize flour as food aid for Jamaica
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 reason 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 obligation arising by
in particular Article 6 thereof,                                    virtue of participation in the invitation to tender ;
Having regard to Council Regulation No 129 on the                   Whereas the Belgian 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 it is important that the Commission be
                                                                    informed without delay of the tenders submitted in
Having regard to the opinion of the Monetary                         response to the invitation and of those accepted by
Committee,                                                          the intervention agency ;
Whereas on 8 May 1979 the Council of the European                   Whereas the measures provided for in this Regulation
 Communities declared that by way of Community                       are in accordance with the opinion of the Manage­
action it proposed to grant 301 tonnes of maize flour                ment Committee for Cereals,
 and 300 tonnes of common wheat flour to Jamaica
 under its 1978/79 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­                 HAS ADOPTED THIS REGULATION :
 tion (EEC) No 2750/75 the goods may be purchased
 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 respect
 nated by the recipient or its agent ;                               of the supply of 300 tonnes of common wheat flour
                                                                     and 301 tonnes of maize flour to Jamaica by way of
 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                    2. The tendering procedure shall take place in the
 those Member States ; whereas, in view of the currency               Kingdom of Belgium and shall be in respect of two
 situation in the Member States and in order to ensure                lots .
 that the tenders are as comparable as possible, account
 (') OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                            3 . The goods shall be mobilized on the Commu­
 (2) OJ  No  L 188 , 26. 7 . 1979, p. 1 .                             nity market.
 P)  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---  4. 8 . 79                          Official Journal of the European Communities                        No L 198 /29
 5. The products referred to in paragraph 1 to be                  2-25 % , a conversion rate resulting from their
 delivered in new jute sacks of a net capacity of 50 kilo­         central rate,
grams to the port of shipment in the vicinity of the          — in the other cases, the average of the spot rates of
 vessel. The goods must be set down at the place nomi­             the currencies concerned recorded in the Member
 nated by the recipient country or its agent, the timing           State in which the invitation to tender is issued
 of delivery being settled by the tenderer and the recip­          during a period from the Wednesday of one week
 ient country's agent.                                             to the Tuesday of the following week being the
The following shall be printed on the sacks :                      period immediately preceding the closing date for
                                                                   submission of tenders.
 'Wheat flour / Gift of the European Economic
 Community / For free distribution '.                                                 Article 4
'Maize flour / Gift of the European Economic Commu­
 nity / For free distribution'.                               The contract shall be awarded to the tenderer offering
                                                              the best terms, taking into consideration the adjust­
To allow for the possibility of re-bagging, the               ment referred to in Article 3 (3).
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the            However, if the tenders submitted do not appear to
goods but with the printing followed by a capital             reflect normal market prices and costs, the interven­
letter 'R\                                                    tion agency may cancel the invitation to tender.
                         Article 2                                                    Article 5
 1 . The award of the contract shall take place on 24          1 . The tenderer shall give security in an amount of
August 1979.                                                   12 ECU per tonne of goods.
2. The closing date for submission of tenders shall           It shall be released :
be 24 August 1979 at 12 noon .
                                                              — in the case of all tenderers whose tenders are
3.     The   notice of   invitation to   tender shall  be          unsuccessful or are not accepted,
published in the Official Journal of the European             — in the case of the successful tenderer, when the
 Communities not less than nine day before the                     operations concerned have been carried out within
closing date for submission of tenders.                            the prescribed time limit and on submission of
                                                                   the original export licence duly granted and
                         Article 3                                 endorsed by the competent authorities of the
                                                                   Member State mentioned in the tender pursuant
1 . The prices offered must be expressed in the                    to Article 3 (2),
currency of the Member State in which the invitation          — in the case of the successful tenderer, for quanti­
to tender was issued.
                                                                   ties not supplied by reason of force majeure.
2. Tenders must in particular mention the Member              2. The security required under paragraph 1 may be
State in which the tenderer, in the event of his being        provided in the form of a cash deposit or of a
declared successful, expects to complete the customs          guarantee issued by a credit institution conforming to
export formalities for the products concerned.                criteria laid down by each Member State.
3. For the purpose of rendering the tenders compar­
able, the prices shall be corrected by the monetary                                   Article 6
compensatory amount applicable on the closing date
for submission of tenders to exports from the Member           1 . The goods referred to in Article 1 which are to
State mentioned in the tender pursuant to paragraph           be supplied to Jamaica must meet the following re­
2. Such correction shall be made by :                         quirements :
— increasing prices which mention a Member State              common wheat flour :
     whose currency has depreciated,                          — moisture content : 1 5 % maximum,
— reducing prices which mention a Member State                — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
     whose currency has been revalued.                             lated on the dry matter),
The monetary compensatory amount shall, where                 — ash content : 0-52 % maximum on the dry
appropriate, be converted into the currency of the                 matter ;
Member State in which the invitation to tender is
issued using :                                                maize flour :
— in the case when the currencies concerned are               — moisture content : 13% maximum ,
     kept at any given moment within a band of                — acidity : 0-6 % maximum.
 ---pagebreak--- No L 198 /30                       Official Journal of the European Communities                               4 . 8 . 79
If the goods referred to in Article 1 do not meet the         4. The intervention agency shall request the
foregoing requirements they shall be rejected and the         successful tenderer to supply the following informa­
successful tenderer shall be owner thereof.                   tion :
                         Article 7
                                                              (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
1 . The Belgian intervention agency shall be respon­          (b) the date of departure of the vessels.
sible for operations relating to the invitation to tender
provided for by this Regulation .                             The information indicated above shall be forwarded
2.     It shall forthwith communicate to the Commis­
                                                              by the intervention agency to the Commission imme­
                                                              diately upon receipt.
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,        5. When the agency responsible for the operations
together with the name and business name of the               relating to tendering is not the intervention agency
successful tenderer.
                                                              which appoints the successful tenderer, it shall send as
3 . Where the customs export formalities for the              soon as possible to the latter the information neces­
mobilized product are completed in a Member State             sary 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
tendering, including payment to the successful ten­           On delivery of the goods at the port of shipment, a
derer.
                                                              handing-over certificate shall be supplied to the
In such case, the intervention agency choosing the            successful tenderer, acting as agent for the Commu­
successful tenderer shall immediately inform the inter­       nity, by the agent of the recipient country or, in the
vention agency of the Member State concerned and              absence of the latter, by the intervention agency of the
shall supply it with all the information which it may         Member State in whose territory the port of shipment
require .                                                     is situated .
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                    Article 9
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the          This Regulation shall enter into force on the day of its
currency of the Member State in which the operations          publication in the Official Journal of the European
relating to the tendering are completed .                      Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 3 August 1979 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President