31978R2463
No L 296/34 21 . 10 . 78 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 2463/78 of 20 October 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 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 the obligations arising by virtue of participation in the invitation to tender ;
Having regard to Council Regulation (EEC) No Whereas the German intervention agency should be 2727/75 of 29 October 1975 on the common organiza made responsible for the tendering procedure in ques tion of the market in cereals (*), as last amended by tion ; Regulation (EEC) No 1254/78 (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 8 February 1977 the Council of European whereas, in view of the urgency, the measures envis Communities declared that it proposed, by way of aged should be adopted in accordance with the condi Community action, to grant the equivalent of 7 701 tions laid down in Article 3 (2) of Council Regulation tonnes of common wheat (in other words 5 100 Mo 129 on the value of the unit of account and the 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 anywhere on the Community market ; Whereas the measures provided for in this Regulation 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 situation in the Member States and in order to ensure 1 . Tenders are hereby invited for the supply to the that the tenders are as comparable as possible, account World Food Programme, by way of Community should be taken of the effect on each tender of the action , of 5 100 tonnes of common wheat flour. currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in the Federal Republic of Germany and shall be in respect Whereas the contract should be awarded to the of a single lot. tenderer who makes the best offer ; 3. The goods shall be mobilized on the Commu nity market. Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force 4. Shipment shall be from a Community port. (') 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. (J) OJ No L 281 , 1 . 11 . 1975, p. 89. (») OJ No L 263, 19. 9. 1973, p. 1 .
21 . 10 . 78 No L 296/35 Official Journal of the European Communities
5. The product referred to in paragraph 1 is 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 kept at any given moment within a band of nated by the recipient country or its agent, the timing 2-25 % , a conversion rate resulting from their of delivery being settled by the tenderer and the recip central rate, ient country's agent. — in the other cases, the average of the spot rates of Minimum weight of sacks shall be 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 'Egypt 644 exp. / Wheat flour / Gift of the European period immediately preceding the closing date for Economic Community / Action of the World Food submission of tenders. Programme.' -
To allow for the possibility ' of re-bagging, the Article 4 successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the The contract shall be awarded to the tenderer offering goods but with the printing followed by a capital 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 market prices and costs, the interven 1 . The award of the contract shall take place on 3 tion agency may cancel the invitation to tender. November 1978 .
Article 5 2. The closing date for submission of tenders shall be 3 November 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 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 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 provided in the form of a cash deposit or of a compensatory amount applicable on the closing date guarantee issued by a credit institution conforming to for submission of tenders to exports from the Member criteria laid down by each Member State. State mentioned in the tender pursuant to para graph 2. Article 6 Such correction shall be made by : 1 . The goods referred to in Article 1 must meet the — increasing prices which mention a Member State following requirements : whose currency has depreciated or a new Member State, common wheat flour : — 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 lated on the dry matter), , The monetary compensatory amount shall, where appropriate, be converted into the currency of the — ash content : 0-52 % maximum on the dry matter.
No L 296/36 Official Journal of the European Communities 21 . 10 . 78
If the goods referred to in Article 1 do not meet the Furthermore, the amount of the successful tender foregoing requirements they shall be rejected and the shall be paid after it has been converted using the successful tenderer shall be owner thereof. average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the 2. Tenders for supply of the goods referred to in currency of the Member State in which the operations Article 1 must relate to products with the following relating to the tendering are completed. characteristics : 4. The intervention agency shall request the common wheat flour : 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 vessels. The information indicated above shall be forwarded Article 7 by the intervention agency to the Commission imme 1 . The German intervention agency shall be respon diately upon receipt. sible for operations relating to the invitation to tender 5. When the agency responsible for the operations provided for by this Regulation . relating to tendering is not the intervention agency 2. It shall forthwith communicate to the Commis which appoints the successful tenderer, it shall send as sion the list of firms which have responded to the invi soon as possible to the latter the information neces tation to tender, specifying the terms of each tender, sary for releasing the security. together with the name and business name of the successful tenderer. Article 8
3. Where the customs export formalities for the On delivery of the goods at the port of shipment, a mobilized product are completed in a Member State handing-over certificate shall be supplied to the other than that in which the invitation to tender is successful tenderer, acting as agent for the Commu issued, the intervention agency of the latter Member nity, by the agent of the recipient country or, in the State shall be responsible for the operations following absence of the latter, by the intervention agency of the tendering, including payment to the successful Member State in whose territory the port of shipment tenderer. is situated .
In such case, the intervention agency choosing the Article 9 successful tenderer shall immediately inform the inter vention agency of the Member State concerned and This Regulation shall enter into force on the day of its shall supply it with all the information which it may publication in the Official Journal of the European Communities. require.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 20 October 1978 .
For the Commission Finn GUNDELACH Vice-President