31978R2516
28 . 10 . 78 Official Journal of the European Communities No L 301 / 15
COMMISSION REGULATION ( EEC) No 2516/78
of 27 October 1978
opening an invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services
THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given for the purpose of guaranteeing that the obliga tions arising by virtue of participation in the invita Having regard to the Treaty establishing the European tion to tender for supplies to the Catholic Relief Services will be fulfilled ; Economic Community,
Whereas the Belgian intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure ; 2727/75 of 29 October 1975 on the common organiza tion of the market in cereals ( ! ), as amended by Regula Whereas the Commission must be informed quickly tion (EEC) No 1254/78 (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 7 497 common agricultural policy (4), as last amended by tonnes of common wheat (in other words 4 967 Regulation (EEC) No 2543/73 (5), and in particular tonnes of common wheat flour) to the Catholic Relief Article 3 thereof ; Services 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 ;
HAS ADOPTED THIS REGULATION : 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 ; Article 1
Whereas tenders may be submitted by tenderers esta 1 . Tenders are hereby invited for the supply to the blished in any Member State of the Community and Catholic Relief Services, by way oi Community action, may relate to products mobilized anywhere within of 4 967 tonnes of common wheat flour. those Member States ; whereas, in view of the currency situation in the Member States, and in order to ensure 2. The tendering procedure shall take place in that the tenders are as comparable as possible, account Belgium in three lots. The product shall be mobilized should be taken of the effect on each tender of the on the Community market. The product shall be currency situation in the Member State in which the loaded for departure from any Community port. customs export formalities will be completed ; 3 . The invitation to tender provided for in para Whereas the award under the invitation to tender graph 1 is for supply of products to the dock, or in must be made in favour of the tenderer offering the the lighter where applicable, in one of the ports of best terms ; unloading listed in the Annex hereto.
4 . The successful tenderer shall deliver the Whereas, should force majeure make it impossible to complete the operation in question within the time products specified in paragraph 1 in new cotton sacks limits specified, it must be made clear who is to bear of a net capacity of 50 kilograms. the liability for any resulting costs ; The minimum weight of the sacks shall be 180 grams. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6. 1978 , p. 1 . («) 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 .
No L 301 / 16 Official Journal of the European Communities 28 . 10 . 78
The following shall be printed on the sacks : Article 4
'Harina de trigo / Donación de la Comunidad eco The contract shall be awarded to the tenderer offering nómica europea para Cathwel Chile / Destinada a la the best terms taking into consideration the adjust distribución gratuita'. ment referred to in Article 3 (3). The successful tenderer shall supply a supplementary However, if the tenders submitted do not appear to 2 % of empty new sacks, unmarked and of the same reflect normal market prices and costs, the interven quality as those which contain the goods. tion agency may cancel the invitation to tender.
Article 2 Article 5 1 . The decision on tenders received in response to 1 . The tenderer shall give security in an amount of the invitation provided for in Article 1 shall be taken on 10 November 1978 . 10 units of account per tonne of goods.
It shall be released : 2. The closing date for the submission of tenders shall be 10 November 1978 at 12 noon . — in the case of all tenderers whose tenders are 3 . The notice of invitation to tender shall be unsuccessful or are not accepted,
published in the Official Journal of the European — in the case of the successful tenderer, when the Communities not less than nine days before the operations concerned have been carried out within closing date for the submission of tenders. the prescribed time limit and on submission of the original export licence duly granted and Article 3 endorsed by the competent authorities of the Member State mentioned in the tender pursuant 1 . The prices offered must be expressed in the to Article 3 (2), currency of the Member State in which the invitation — in the case of the successful tenderer for quantities to tender was issued . not supplied by reason of force majeure.
\ 2. Tenders must in particular mention the Member 2. The security required under paragraph 1 may be State in which the tenderer, in the event of his being provided in the form of a cash deposit or of a declared successful, expects to complete the customs guarantee issued by a credit institution conforming to export formalities for the products concerned. criteria laid down by each Member State. 3. For the purpose of rendering the tenders compar able, the prices shall be corrected by the monetary Article 6 compensatory amount applicable on the closing date 1 . The common wheat flour referred to in Article 1 for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph must meet the following requirements : 2 . — moisture : 1 2 % maximum, Such correction shall be made by : — protein content : 10-5 % minimum (N x 6.25 on dry matter), — increasing prices which mention a Member State whose currency has depreciated or a new Member — ash content : 0-52 % maximum referred to dry matter. State, — reducing prices which mention a Member State Flour not meeting these requirements shall be re whose currency has been revalued. fused .
The monetary compensatory amount shall, where 2. Tenders for supply of the common wheat flour appropriate, be converted into the currency of the referred to in Article 1 must relate to a product with Member State in which the invitation to tender is the following characteristics : issued using : — moisture : 12 % maximum , — in the case when the currencies concerned are — protein content : 10.5 % minimum (N x 6.25 on kept at any given moment within a band of 2.25 % , a conversion rate resulting from their dry matter), central rate, — ash content : 0-52 % maximum referred to dry matter . — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member State in which the invitation to tender is issued Article 7 during a period from the Wednesday of one week to the Tuesday of the following week being the 1 . The Belgian intervention agency shall be respon period immediately preceding the closing date for sible for the operations relating to the invitation to submission of tenders . tender provided for by this Regulation.
28 . 10 . 78 No L 301 / 17 Official Journal of the European Communities
2. It shall forthwith communicate to the Commis (b) the date of the departure of the ships, the expected sion the list of firms which have responded to the invi date of arrival of the products at their destination ; tation to tender, specifying the terms of each tender, (c) all possible contingencies which might occur together with the name and business name of the during transportation of the products. successful tenderer.
The intervention agency shall transmit the informa 3. Where the customs export formalities for the tion provided for to the Commission as soon as it is mobilized product are completed in a Member State received . other than that in which the invitation to tender is issued, the intervention agency of the latter Member 5. When the intervention agency responsible for State shall be responsible for the operations following the operations relating to tendering is not the interven tendering, including payment to the successful tenderer. tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa In such case, the intervention agency choosing the tion necessary for releasing the security. successful tenderer shall immediately inform the inter vention agency of the Member State concerned and Article 8 shall supply it with all the information which it may require. As regards this tender the intervention agency is auth Furthermore, the amount of the successful tender orized to make an initial payment of 80 % of the shall be paid, after it has been converted using the value of the quantity given in the bill of lading, on average of the spot rates referred to in the second presentation of that document and subject to the subparagraph of Article 3 (3), to the tenderer in the taking of a security for an amount equal to the initial currency of the Member State in which the operations payment. relating to the tendering are completed.
4. The intervention agency shall ask that the Article 9 tenderer specifies the following information :
(a) after each shipment, a statement giving details of This Regulation shall enter into force on the day of its the quantities loaded, the quality of the products publication in the Official Journal of the European Communities. and their packaging ;
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 27 October 1978 .
For the Commission
Finn GUNDELACH
Vice-President
ANNEX
Number of lot Port of unloading Minimum rate of unloading Tonnage
1 2 700 Valparaiso 2 Coquimbo 700 3 Talcahuano | Customs of the port
1 567