CELEX: 31979R1533
Language: en
Date: 1979-07-20 00:00:00
Title: Commission Regulation (EEC) No 1533/79 of 20 July 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

24 . 7 . 79                               Official Journal of the European Communities                        No L 186/ 19
                                      COMMISSION REGULATION (EEC) No 1533/79
                                                           of 20 July 1979
                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                                      currency situation in the Member State in which the
 COMMUNITIES,                                                        customs export formalities will be completed ;
 Having regard to the Treaty establishing the European               Whereas    the  contract  should   be  awarded    to  the
 Economic Community,                                                 tenderer who makes the best offer ;
 Having regard to Council Regulation (EEC) No                        Whereas it must be made clear who is to bear any
 2727/75 of 29 October 1975 on the common organiza­                  costs which arise in the event that for reasons of force
 tion of the market in cereals ('), as last amended by               majeure the operation in question is not completed
 Regulation (EEC) No 1 254/78 (2),                                   within the time stipulated ;
 Having regard to Council Regulation (EEC) No                        Whereas provision should be made for security to be
 2750/75 of 29 October 1975 laying down the condi­                   given to guarantee fulfilment of the obligations arising
 tions for the mobilization of cereals as food aid (3), and          by virtue of participation in the invitation to tender ;
 in particular Article 6 thereof,
                                                                     Whereas the Belgian intervention agency should be
 Having regard to Council Regulation No 129 on the                   made responsible for the tendering procedure in ques­
 value of the unit of account and the exchange rates to              tion ;
 be applied for the purposes of the common agricul­
 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
                                                                     response to the invitation and of those accepted by
 Having regard to the opinion of the Monetary                        the intervention agency ;
 Committee,
Whereas on 8 May 1979 the Council of the European                    Whereas the measures provided for in this Regulation
 Communities declared that it proposed, by way of                    are in accordance with the opinion of the Manage­
                                                                     ment Committee for Cereals,
 Community action , to grant the equivalent of 30 892
 tonnes of common wheat (in other words 20 458
 tonnes of common wheat flour) to the World Food
 Programme under its 1978/79 food-aid programme ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;                                                          Article 1
Whereas tenders should be invited for the supply of                  1 . Tenders are hereby invited for the supply to the
 the product to the port of shipment in the vicinity of              World Food Programme, by way of Community
 the vessel, the goods to be set down at the place nomi­             action, of 20 458 tonnes of common wheat flour.
 nated by the recipient or its agent ;
                                                                     2. The tendering procedure shall take place in
Whereas tenders may be submitted by tenderers esta­                  Belgium and shall be in respect of nine lots.
blished in any Member State of the Community and
 may relate to products mobilized anywhere within
 those Member States ; whereas, in view of the currency              3 . The goods shall be mobilized on the Commu­
situation in the Member States and in order to ensure                nity market.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                  4.     Shipment shall be from a Community port.
(«) OJ   No  L 281 , 1 . 11 . 1975, p. 1 .                           5. The product referred to in paragraph 1 is to be
(2) OJ   No  L 156, 14. 6. 1978 , p. 1 .
P)  OJ   No  L 281 , 1 . 11 . 1975, p. 89.                           delivered in new jute sacks of a net capacity of 50 kilo­
(4) OJ   No  106, 30. 10 . 1962, p. 2553/62.                         grams to the port of shipment in the vicinity of the
(5) OJ   No  L 263, 19 . 9 . 1973, p. 1 .                            vessel. The goods must be set down at the place nomi­
 ---pagebreak--- No L 186/20                        Official Journal of the European Communities                           24 . 7 . 79
nated by the recipient country or its agent, the timing       Communities not less than nine days before the
of delivery being settled by the tenderer and the recip­     closing date for submission of tenders.
ient country's agent.
Minimum weight of sacks shall be 600 grams.                                          Article 3
The following shall be printed on the sacks :                 1 . The prices offered must be expressed in the
                                                             currency of the Member State in which the invitation
— lot No 1 — 1 296 tonnes : 'Sudan 542 EXP /                 to tender was issued .
    Wheat flour / Port Sudan / Gift of the EEC /
     Action of the World Food Programme' ;
                                                             2.     Tenders must in particular mention the Member
— lot No 2 — 2 160 tonnes : ' Sudan 634 / Wheat              State in which the tenderer, in the event of his being
     flour / Port Sudan / Gift of the EEC / Action of        declared successful , expects to complete the customs
     the World Food Programme' ;                             export formalities for the products concerned .
— lot No 3 — 3 312 tonnes : 'Sudan 645 EXP /
     Wheat flour / Port Sudan / Gift of the EEC /            3 . For the purpose of rendering the tenders compar­
    Action of the World Food Programme' ;                    able, the prices shall be corrected by the monetary
                                                             compensatory amount applicable on the closing date
— lot No 4 — 1 200 tonnes : ' North Yemen AR 380
                                                             for submission of tenders to exports from the Member
     / Wheat flour / Hodeidah / Gift of the EEC /            State mentioned in the tender pursuant to paragraph
    Action of the World Food Programme' ;                    2.
— lot No 5 — 8 440 tonnes : ' Egypt 2046 / Wheat
     flour / Alexandria / Gift of the EEC / Action of        Such correction shall be made by :
     the World Food Programme' ;
— lot No 6 — 1 970 tonnes : 'Yemen PD / 82166 /              — increasing prices which mention a Member State
    Wheat flour / Aden / Gift of the EEC / Action of              whose currency has depreciated,
     the World Food Programme' ;                             — reducing prices which mention a Member State
— lot No 7 — 300 tonnes : 'Yemen PD / 497-PX /
                                                                  whose currency has been revalued .
    Wheat flour / Aden / Gift of the EEC / Action of
     the World Food Programme' ;                             The monetary compensatory amount shall, where
                                                             appropriate, be converted into the currency of the
— lot No 8 — 800 tonnes : 'Yemen PD / 608-PX /               Member State in which the invitation to tender is
    Wheat flour / Aden / Gift of the EEC / Action of
                                                             issued using :
     the World Food Programme' ;
                                                             — in the case when the currencies concerned are
— lot No 9 — 980 tonnes : 'Jordan 2301 / Wheat
     flour / Aqaba / Gift of the EEC / Action of the              kept at any given moment within a band of
    World Food Programme'.                                        2-25 % , a conversion rate resulting from their
                                                                  central rate,
To allow for the possibility of re-bagging, the              — in the other cases, the average of the spot rates of
successful tenderer shall supply 2 % of new empty                 the currencies concerned recorded in the Member
sacks, of the same quality as those containing the                State in which the invitation to tender is issued
goods but with the printing followed by a capital                 during a period from the Wednesday of one week
letter 'R '.                                                      to the Tuesday of the following week being the
                                                                  period immediately preceding the closing date for
                                                                  submission of tenders .
                        Article 2
                                                                                     Article 4
1 . The award of the contract shall take place on 3
August 1979.
                                                             The contract shall be awarded to the tenderer offering
                                                             the best terms, taking into consideration the adjust­
2. The closing date for submission of tenders shall          ment referred to in Article 3 (3).
be 3 August 1979, at 12 noon .
                                                             However, if the tenders submitted do not appear to
3.     The   notice of  invitation to  tender shall   be     reflect normal market prices and costs, the interven­
published in the Official Journal of the European            tion agency may cancel the invitation to tender.
 ---pagebreak--- 24 . 7 . 79                          Official Journal of the European Communities                         No L 186/21
                           Article 5                           2.     It shall forthwith communicate to the Commis­
                                                               sion the list of firms which have responded to the invi­
If the tenderer is unable to deliver the goods in              tation to tender, specifying the terms of each tender,
compliance with Article 1 (3) on the date given in the         together with the name and business name of the
notice of invitation to tender as a result of the late
                                                               successful tenderer.
availability of the vessels to be used for sea transporta­
tion , resulting costs shall be borne by the intervention      3 . Where the customs export formalities for the
agency.                                                        mobilized product are completed in a Member State
                                                               other than that in which the invitation to tender is
                           Article 6                           issued, the intervention agency of the latter Member
                                                               State shall be responsible for the operations following
 1.    The tenderer shall give security in an amount of        tendering, including payment to the successful
 12 ECU per tonne of goods.                                    tenderer .
It shall be released :
                                                               In such case, the . intervention agency choosing the
— in the case of all tenderers whose tenders are
                                                               successful tenderer shall immediately inform the inter­
     unsuccessful or are not accepted,                         vention agency of the Member State concerned and
— in the case of the successful tenderer, when the             shall supply it with all the information which it may
     operations concerned have been carried out within         require .
     the prescribed time limit and on submission of
     the original export licence duly granted and              Furthermore, the amount of the successful tender
     endorsed by the competent authorities of the              shall be paid after it has been converted using the
     Member State mentioned in the tender pursuant             average of the spot rates referred to in the second
     to Article 3 (2),                                         subparagraph of Article 3 (3) to the tenderer in the
— in the case of the successful tenderer, for quanti­          currency of the Member State in which the operations
     ties not supplied by reason of force majeure.             relating to the tendering are completed .
2. The security required under paragraph 1 may be              4. The intervention agency shall request the
provided in the form of a cash deposit or of a                 successful tenderer to supply the following informa­
guarantee issued by a credit institution conforming to         tion :
criteria laid down by each Member State .
                                                               (a) after each shipment, a certificate showing the quan­
                          Article 7                                tities dispatched and the quality of the products ;
                                                               (b) the date of departure of the vessels.
1 . The goods referred to in Article 1 must meet the
following requirements :                                       The information indicated above shall be forwarded
common wheat flour :                                           by the intervention agency to the Commission imme­
                                                               diately upon receipt.
— moisture content : 14 % maximum ,
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­              5. When the agency responsible for the operations
     lated on the dry matter),                                 relating to tendering is not the intervention agency
— ash content : 0-52 % maximum on the dry matter.              which appoints the successful tenderer, it shall send as
                                                               soon as possible to the latter the information neces­
If the goods referred to in Article 1 do not meet the          sary for releasing the security.
foregoing requirements they shall be rejected and the
successful tenderer shall be owner thereof.
                                                                                        Article 9
2. Tenders for supply of the goods referred to in
Article 1 ( 1 ) must relate to products with the following
characteristics :                                              On delivery of the goods at the port of shipment, a
                                                               handing-over certificate shall be supplied to the
common wheat flour :                                           successful tenderer, acting as agent for the Commu­
— moisture content : 14% maximum ,
                                                               nity, by the agent of the recipient country or, in the
                                                               absence of the latter, by the intervention agency of the
— acidity : 4 ml NaOH /n maximum per 100 g (calcu­             Member State in whose territory the port of shipment
    lated on the dry matter),                                  is situated .
— ash content : 0-52 % maximum on the dry matter.
                          Article 8                                                     Article 10
1 . The Belgian intervention agency shall be respon­           This Regulation shall enter into force on the day of its
sible for operations relating to the invitation to tender      publication in the Official Journal of the European
provided for by this Regulation .                              Communities.
 ---pagebreak--- No L 186/ 22                  Official Journal of the European Communities                        24 . 7 . 79
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 20 July 1979 .
                                                                  For the Commission
                                                                   Finn GUNDELACH
                                                                      Vice-President