31978R0809
22 . 4 . 78 Official Journal of the European Communities No L 108 /21
COMMISSION REGULATION ( EEC) No 809/78
of 21 April 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine Refugees (UNRWA)
THE COMMISSION OF THE EUROPEAN whereas provision should be made for security to be COMMUNITIES , given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to the Treaty establishing the European Economic Community, Whereas the Dutch intervention agency should be made responsible for organizing the invitation to Having regard to Council Regulation (EEC) No tender ; 2727/75 of 29 October 1975 on the common organiza tion of the market in cereals ('), as last amended by Whereas the Commission must be informed quickly Regulation (EEC) No 2560/77 (2), of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid (3 ), and whereas, in view of the urgency, the measures envis in particular Article 6 thereof, aged should be adopted in accordance with the condi tions laid down in Article 3 (2) of Council Regulation Whereas on 30 January 1978 the Council of the Euro No 129 on the value of the unit of account and the pean Communities declared that it proposed, by way exchange rates to be applied for the purposes of the of Community action , to grant the equivalent of common agricultural policy (4), as last amended by 36 300 tonnes of common wheat (in other words Regulation (EEC) No 2543/73 (5), and in particular 27 293 tonnes of common wheat flour) to UNRWA Article 3 thereof ; under its 1977/78 food-aid programme ;
Whereas the measures provided for in this Regulation Whereas pursuant to Article 3 (3) of Council Regula are in accordance with the opinion of the Manage tion ( EEC) No 2750/75 the goods may be purchased ment Committee for Cereals, anywhere on the Community market ;
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 situation in the Member States and in order to ensure 1 . Tenders are hereby invited for the supply to that the tenders are as comparable as possible, account UNRWA, by way of Community food-aid action, of should be taken of the effect on each tender of the 27 293 tonnes of common wheat flour. currency situation in the Member State in which the customs exports formalities will be completed ; 2. The tendering procedure shall take place in the Whereas the award under the invitation to tender Netherlands in six lots . The product shall be mobi lized on the Community market. The product shall be must be made to the tenderer offering the best terms ; loaded for departure from a Community port.
Whereas, should force majeure make it impossible to complete the operation in question within the time 3. The invitation to tender provided for in para limits specified, it must be made clear who is to bear graph 1 is for supply of products to the dock, or in the liability for any resulting costs ; the lighter where applicable in one of the ports of unloading listed in the Annex hereto . (») OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 303 , 28 . 11 . 1977, p. 1 . (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 .
No L 108/22 Official Journal of the European Communities 22 . 4 . 78
4. The successful tenderer shall deliver the product 2-25 % , a conversion rate resulting from their specified in paragraph 1 in new jute sacks of a net central rate, capacity of 50 kilograms. — in other cases, the average of the spot rates of the currencies concerned recorded in the Member Minimum weight of the sacks shall be 600 grams. The State in which the invitation to tender is issued following shall be printed on the sacks : during a period from the Wednesday of one week 'Wheat flour / Gift of the European Economic to the Tuesday of the following week being the Community / For free distribution to Palestine refu period immediately preceding the closing date for submission of tenders . gees.'
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 reflect normal prices and costs, the intervention 1 . The decision on tenders received in response to agency may cancel the invitation to tender. the invitation provided for in Article 1 shall be taken on 5 May 1978 .
Article 5 2. The closing date for the submission of tenders shall be 5 May 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 It shall be released : Communities not less than nine days, before the 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 operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation the original export licence, duly granted and to tender was issued . endorsed by the competent authorities of the Member State mentioned in the tender pursuant 2. Tenders must in particular mention the Member to Article 3 (2), State in which the tenderer, in the event of his being 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 2. The security required under paragraph 1 may be able, the prices shall, where appropriate, be corrected provided in the form of a cash deposit or of a by the monetary compensatory amount applicable on guarantee issued by a credit institution conforming to the closing date for submission of tenders to exports criteria laid down by each Member State . from the Member State mentioned in the tender pursuant to paragraph 2. Article 6 Such correction shall be made by : 1 . The common wheat flour referred to in Article 1 — increasing prices which mention a Member State to be supplied to UNRWA must meet the following whose currency has depreciated or a new Member State, requirements :
— reducing prices which mention a Member State — moisture : 14 % maximum , whose currency has been revalued . — protein content : 105 % minimum (N x 6-25 on The monetary compensatory amount shall, where dry matter), appropriate, be converted into the currency of the — ash content : 0-62 % maximum referred to dry Member State in which the invitation to tender is matter . issued using :
— in the case when the currencies concerned are Flour not meeting these requirements shall be refused . kept at any given moment within a band of
22. 4. 78 Official Journal of the European Communities No L 108 /23
2. Tenders for supply to UNRWA of the common currency of the Member State in which the operations wheat flour referred to in Article 1 must relate to a relating to the tendering are completed. product with the following characteristics : 4. The intervention agency shall request the — moisture : 14 % maximum, successful tenderer to supply the following informa tion : — protein content : 1 0-5 % minimum (N x 6-25 on dry matter), (a) after each shipment, a statement giving details of — ash content : 0-62 % maximum referred to dry the quantities loaded, the quality of the products matter. and the type of packing ; (b) the date of the departure of the ships ; the esti Article 7 mated date of arrival of the products at their desti nation ; 1 . The Dutch intervention agency shall be respon (c) all possible contingencies which might occur sible for operations relating to the invitation to tender during transportation of the products . provided for by this Regulation. The information indicated above shall be forwarded 2. It shall forthwith communicate to the Commis by the intervention to the Commission immediately sion the list of firms which have responded to the invi upon receipt. 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 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 other than that in which the invitation to tender is tion necessary for releasing the security. 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 As regards this tender the intervention agency is auth derer. orized to make an initial payment of 80 % of the In such case, the intervention agency choosing the value of the quantity given in the bill of lading, on successful tenderer shall immediately inform the inter presentation of that document and subject to the vention agency of the Member State concerned and taking of a security for an amount equal to the initial shall supply it with all the information which it may payment. require. Article 9 Furthermore, the amount of the successful tender shall be paid after it has been converted using the This Regulation shall enter into force on the day of its average of the spot rates referred to in the second publication in the Official Journal of the European subparagraph of Article 3 (3) to the tenderer in the Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 21 April 1978 .
For the Commission
Finn GUNDELACH
Vice-President
No L 108 /24 Official Journal of the European Communities 22. 4. 78
ANNEX
No of lot Port of unloading Tonnage cif Loading period
1 Beirut 4 000 1 ,—30 . 6 . 1978 2 6 000 1 ,—30 . 6 . 1978 Ashdod (pre-slung) 3 Aqaba 5 000 1 .—30 . 6 . 1978 4 Beirut 3 843 1 .—30 . 8 . 1978 5 Ashdod (pre-slung) 6 000 1 ,—30 . 8 . 1978 6 Aqaba 2 450 1 .—30 . 8 . 1978