CELEX: 31978R1800
Language: en
Date: 1978-07-28 00:00:00
Title: Commission Regulation (EEC) No 1800/78 of 28 July 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of Ghana

29 . 7 . 78                             Official Journal of the European Communities                         No L 205/ 55
                                  COMMISSION REGULATION (EEC) No 1800/78
                                                         of 28 July 1978
              opening an invitation to tender for the mobilization of common wheat flour as
                                            food aid for the Republic of Ghana
THE COMMISSION OF THE EUROPEAN                                      majeure the operation in question is not completed
COMMUNITIES,                                                       within the time stipulated ;
Having regard to the Treaty establishing the European              Whereas provision should be made for security to be
Economic Community,                                                given to guarantee fulfilment of obligations arising by
                                                                   virtue of participation in the invitation to tender ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                 Whereas the Belgian intervention agency should be
tion of the market in cereals ( {), as last amended by              made responsible for organizing the invitation to
                                                                   tender ;
Regulation (EEC) No 1 254/78 (2),
                                                                   Whereas it is important that the Commission be
Having regard to Council Regulation (EEC) No                        informed without delay of the tenders submitted in
2750/75 of 29 October 1975 laying down the condi­
                                                                    response to the invitation and of those accepted by
tions for the mobilization of cereals as food aid (3), and
                                                                   the intervention agency ;
in particular Article 6 thereof,
                                                                   Whereas the Monetary Committee will be consulted ;
Whereas on 30 January 1978 the Council of the Euro­                whereas, in view of the urgency, the measures envis­
pean Communities declared that by way of Commu­                     aged should be adopted in accordance with the condi­
nity action it proposed to grant the Republic of                    tions laid down in Article 3 (2) of Council Regulation
Ghana the equivalent of 12 500 tonnes of common                     No 129 on the value of the unit of account and the
wheat, in the form of flour, i.e. 8 278 tonnes of                   exchange rates to to be applied for the purposes of the
common wheat flour, under its 1977/78 food-aid                      common agricultural policy (4), as last amended by
programme ;                                                         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 tenders should be invited for the supply of
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;                               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 . An invitation to tender shall be issued in respect
situation in the Member States and in order to ensure               of the supply of 8 278 tonnes of common wheat flour
that the tenders are as comparable as possible, account             to the Republic of Ghana by way of Community food­
should be taken of the effect on each tender of the                 aid action .
currency situation in the Member State in which the
customs export formalities will be completed ;                      2. The tendering procedure shall take place in the
                                                                    Kingdom of Belgium and shall be in respect of a
Whereas     the  contract    should     be   awarded   to  the      single lot.
tenderer who makes the best offer ;
                                                                    3. The goods shall be mobilized on the Commu­
Whereas it must be made clear who is to bear any                    nity market.
costs which arise in the event that for reasons of force
                                                                    4.    Shipment shall be from Antwerp.
(») 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 205/ 56                       Official Journal of the European Communities                            29 . 7 . 78
5. The product referred to in paragraph 1 to be              Member State in which the invitation to tender is
delivered in new jute sacks of a net capacity of 50 kilo­    issued using :
grams to the port of shipment in the vicinity of the         — in the case when the currencies concerned are
vessel . The goods must be set down at the place nomi­
nated by the recipient country or its agent, the timing           kept at any given moment within a band of
of delivery being settled by the tenderer and the recip­          2-25 % , a conversion rate resulting from their
                                                                  central rate ,
ient country's agent.
                                                             — in the other cases, the average of the spot rates of
Minimum weight of sacks : 600 grams.                              the currencies concerned recorded in the Member
                                                                  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
'Wheat flour / Gift of the European Economic
Community to Ghana'.                                              period immediately preceding the closing date for
                                                                  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 award of the contract shall take place on 1 1        reflect normal market prices and costs, the interven­
August 1978 .                                                 tion agency may cancel the invitation to tender.
2. The closing date for submission of tenders shall                                   Article 5
be 11 August 1978 at 12 noon .
 3.    The notice of invitation     to tender shall be        1 . The tenderer shall give security in an amount of
 published in the Official Journal of the European            10 units of account per tonne of goods.
 Communities not less than nine days before the
                                                              It shall be released :
 closing date for submission of tenders.
                                                              — in the case of all tenderers whose tenders are
                        Article 3                                  unsuccessful or are not accepted,
                                                              — 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 quanti­
 export formalities for the products concerned.                    ties not supplied by reason of force majeure.
 3 . For the purpose of rendering the tenders compar­
                                                              2. The security required under paragraph 1 may be
 able, the prices shall be corrected by the monetary
 compensatory amount applicable on the closing date           provided in the form of a cash deposit or of a
 for submission of tenders to exports from the Member         guarantee issued by a credit institution conforming to
 State mentioned in the tender pursuant to paragraph          criteria laid down by each Member State.
 2.
                                                                                      Article 6
 Such correction shall be made by :
 — increasing prices which mention a Member State              1 . The goods referred to in Article 1 which are to
     whose currency has depreciated or a new Member           be supplied to the Republic of Ghana must meet the
     State,                                                   following requirements :
— reducing prices which mention a Member State                — moisture content : 1 5 % maximum,
     whose currency has been revalued.
                                                              — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
The monetary compensatory amount shall, where                      lated on the dry matter),
 appropriate, be converted into the currency of the           — ash content : 0-52 % maximum on the dry matter.
 ---pagebreak--- 29 . 7. 78                         Official Journal of the European Communities                          No L 205/57
If the goods referred to in Article 1 do not meet the         average of the spot rates referred to in the second
foregoing requirements they shall be rejected and the         subparagraph of Article 3 (3) to the tenderer in the
successful tenderer shall be owner thereof.                   currency of the Member State in which the operations
                                                              relating to the tendering are completed.
2. Tenders for supply to the Republic of Ghana of
the goods referred to in Article 1 must relate to             4. The intervention agency shall request the
products with the following characteristics :                 successful tenderer to supply the following informa­
— moisture content : 15% maximum,                             tion :
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­             (a) after each shipment a certificate showing the quan­
     lated on the dry matter),                                    tities dispatched and the quality of the products ;
— ash content : 0-52 % maximum on the dry matter.             (b) the date of departure of the vesssels.
                         Article 7                            The information indicated above shall be forwarded
                                                              by the intervention agency to the Commission imme­
1 . The Belgian intervention agency shall be respon­          diately upon receipt.
sible for operations relating to the invitation to tender
provided for by this Regulation.                              5. When the agency responsible for the operations
2.     It shall forthwith communicate to the Commis­          relating to tendering is not the intervention agency
sion the list of firms which have responded to the invi­      which appoints the successful tenderer, it shall send as
tation to tender, specifying the terms of each tender,        soon as possible to the latter the information neces­
together with the name and business name of the               sary for releasing the security.
successful tenderer.
                                                                                        Article 8
3. Where the customs export formalities for the
mobilized product are completed in a Member State
other than that in which the invitation to tender is          On delivery of the goods at the port of shipment, a
issued, the intervention agency of the latter Member          handing-over certificate shall be supplied to the
State shall be responsible for the operations following       successful tenderer, acting as agent for the Commu­
tendering, including payment to the successful                nity, by the agent of the recipient country or, in the
tenderer.                                                     absence of the latter, by the intervention agency of the
                                                              Member State in whose territory the port of shipment
In such case, the intervention agency choosing the            is situated .
successful tenderer shall immediately inform the inter­
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, 28 July 1978 .
                                                                        For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President