CELEX: 31978R1110
Language: en
Date: 1978-05-26 00:00:00
Title: Commission Regulation (EEC) No 1110/78 of 26 May 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

27 . 5 . 78                             Official Journal of the European Communities                               No L 140 / 17
                                    COMMISSION REGULATION ( EEC) No 1110/78
                                                         of 26 May 1978
               opening an invitation to tender for the mobilization of common wheat flour as
                                          food aid for the World Food Programme
 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 Belgian intervention agency should be
 Regulation (EEC) No 709/78 (2),                                   made responsible for the tendering procedure ;
 Having regard to Council Regulation (EEC) No                      Whereas the Commission must be informed quickly
 2750/75 of 29 October 1975 laying down the condi­                 of the tenders submitted in response to the invitation
 tions for the mobilization of cereals as food aid (3), and        and of those accepted by the intervention agency ;
 in particular Article 6 thereof,
                                                                   Whereas the Monetary Committee will be consulted ;
Whereas on 8 February 1977 the Council of the Euro­                whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
 pean Communities declared that it proposed, by way
 of Community action , to grant the equivalent of 5 000            tions laid down in Article 3 (2) of Council Regulation
                                                                    No 129 on the value of the unit of account and the
 tonnes of common wheat (in other words 3 311
 tonnes of common wheat flour) to the World Food                   exchange rates to be applied for the purposes of the
 Programme under its 1976/77 food-aid programme ;                  common agricultural policy (4), as last amended by
                                                                   Regulation (EEC) No 2543/73 (5 ), and in particular
                                                                   Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased                  Whereas the measures provided for in this Regulation
 anywhere on the Community market ;                                are in accordance with the opinion of the Manage­
                                                                   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
may relate to products mobilized anywhere within
                                                                                               Article 1
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account             1 . Tenders are hereby invited for the supply to the
should be taken of the effect on each tender of the                World Food Programme by way of Community
currency situation in the Member State in which the                action , of 3 311 tonnes of common wheat flour.
customs export formalities will be completed ;
                                                                   2. The tendering            procedure shall take place in
Whereas the award under the invitation to tender                   Belgium in one lot.        The product shall be mobilized
must be made in favour of the tenderer offering the                on the Community           market. The products shall be
best terms ;                                                       loaded for departure       from any Community port.
Whereas, should force majeure make it possible to                  3 . The invitation to tender provided for in para­
complete the operation in question within the time                 graph 1 is for supply of products to the dock, or in
                                                                   the lighter where applicable in the port of Haiphong.
(>) OJ No L 281 , 1 . 11 . 1975 , p. 1 .
(2) OJ No L 94, 8 . 4 . 1978 , p. 9 .                              (4 ) OJ No 106, .30 . 10 . 1962, p . 2553 / 62 .
(3) OJ No L 281 , 1 . 1 1 . 1975, p. 89 .                          (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 140 / 18                       Official Journal of the European Communities                           27 . 5 . 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
' Farine de froment / Don de la Communauté écono­                  to the Tuesday of the following week, being the
                                                                   period immediately preceding the closing date for
mique européenne / Action du Programme alimen­                     submission of tenders .
taire mondial au Viêt-nam '.
                                                                                      Article 4
To allow for the possibility of re-bagging, the
successful tenderer shall supply of 2 % of new empty          The contract shall be awarded to the tenderer offering
sacks, of the same quality as those containing the
                                                              the best terms, taking into consideration the adjust­
goods but with the printing followed by a capital             ment referred to in Article 3 (3).
letter ' R'.
                                                               However, if the tenders submitted do not appear to
                         Article 2                            reflect normal market prices and costs, the interven­
                                                              tion agency may cancel the invitation to tender.
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken
                                                                                      Article 5
on 9 June 1978 . ^
2. The closing date for the submission of tenders              1 . The tenderer shall give security in an amount of
shall be 9 June 1978 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
 Communities not less than nine days before the               — in the case of all tenderers whose tenders are
closing date for the submission of tenders .                       unsuccessful or are not accepted,
                                                              — in the case of the successful tenderer, when the
                         A rticle 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 successful 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
export 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 applicable on
the closing date for submission of tenders to exports
from the Member State mentioned in the tender                                         Article 6
pursuant to paragraph 2.
                                                               1.    The common wheat flour referred to in Article 1
Such correction shall be made by :                            must meet the following requirements :
— increasing prices which mention a Member State              — moisture : 12 % maximum,
     whose currency has depreciated or a new Member
     State,
                                                              — protein content : 10-5 % minimum (N x 6-25 on
                                                                   dry matter),
— reducing prices which mention a Member State
     whose currency has been revalued.                        — ash content : 0-52 % maximum referred to dry
                                                                   matter .
The monetary compensatory amount shall, where
appropriate, be converted into the currency of the             Flour not meeting these requirements shall be
Member State in which the invitation to tender is             refused .
issued using :
                                                              2. Tenders for supply of the common wheat flour
— in the case when the currencies concerned are               referred to in Article 1 must relate to a product with
     kept at any given moment within a band of                the following characteristics :
 ---pagebreak--- 27. 5 . 78                         Official Journal of the European Communities                           No L 140 / 19
— moisture : 12% 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 shipment, a statement giving details of the
— ash content : 0-52 % maximum referred to dry                    quantities loaded, the quality of the products and
     matter .
                                                                  their packaging ;
                         Article 7                            (b) the date of the departure of the ships, the expected
                                                                  date of arrival of the products at their destination ;
 1 . The Belgian 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 .
2.     It shall forthwith communicate to the Commis­          The intervention agency shall transmit the informa­
sion the list of firms which have responded to the invi­
                                                              tion provided for to the Commission as soon as it is
                                                              received .
tation to tender, specifying the terms of each tender,
together with the name and business name of the               5. When the intervention agency responsible for
successful tenderer.
                                                              the operations relating to tendering is not the interven­
3 . Where the customs export formalities for the              tion agency which appoints the successful tenderer, it
mobilized product are completed in a Member State             shall send as soon as possible to the latter the informa­
other than that in which the invitation to tender is          tion necessary for releasing the security.
issued, the intervention agency of the latter Member
State shall be responsible for the operations following                                Article 8
tendering, including payment to the successful ten­
derer.
                                                              As regards this tender the intervention agency is auth­
In such case, the intervention agency choosing the            orized to make an initial payment of 80 % of the
successful tenderer shall immediately inform the inter­       value of the quantity given in the bill of lading, on
vention agency of the Member State concerned and              presentation of that document and subject to the
shall supply it with all the information which it may         taking of a security for an amount equal to the initial
require.                                                      payment .
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, 26 May 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President