31979R0205
3 . 2 . 79 No L 29 /5 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 205 /79 of 2 February 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 . Whereas it must be made clear who is to bear any COMMUNITIES, costs which arise in the event that for reasons of force majeure the operation in question is not completed within the time stipulated ; Having regard to the Treaty establishing the European Economic Community, Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising Having regard to Council Regulation (EEC) by virtue of participation in the invitation to tender ; No 2727/75 of 29 October 1975 on the common organization of the market in cereals (!), as last amended by Regulation (EEC) No 1254/78 (2), Whereas the German intervention agency should be made responsible for the tendering procedure in ques tion ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the conditions for the mobilization of cereals as food Whereas it is important that the Commission be informed without delay of the tenders submitted in aid (3), and in particular Article 6 thereof, response to the invitation and of those accepted by the intervention agency ; Having regard to the opinion of the Monetary Committee , Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage Whereas on 30 January 1978 the Council of the Euro ment Committee for Cereals, pean Communities declared that it proposed, by way of Community action, to grant the equivalent of 14 434 tonnes of common wheat (in other words 9 559 tonnes of common wheat flour) to the World HAS ADOPTED THIS REGULATION : Food Programme under its 1977/78 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula Article 1 tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; 1 . Tenders are hereby invited for the supply to the World Food Programme, by way of Community Whereas tenders should be invited for the supply of action , of 9 559 tonnes of common wheat flour. the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi 2. The tendering procedure shall take place in the nated by the recipient or its agent ; Federal Republic of Germany and shall be in respect of 12 lots . Whereas tenders may be submitted by tenderers esta blished in any Member State of the Community and 3 . The goods shall be mobilized on the Commu may relate to products mobilized anywhere within nity market. those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 4. Shipment shall be from a Community port. that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 5. The product referred to in paragraph 1 is to be currency situation in the Member State in which the delivered in new jute sacks of a net capacity of 50 kilo customs export formalities will be completed ; grams to the port of shipment in the vicinity of the vessel . The goods must be set down at the place nomi Whereas the contract should be awarded to the nated by the recipient country or its agent, the timing tenderer who makes the best offer ; of delivery being settled by the tenderer and the recip ient country's agent. (!) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6 . 1978 , p. 1 . (3 OJ No L 281 , 1 . 11 . 1975, p. 89 . Minimum weight of sacks shall be 600 grams.
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The following shall be printed on the sacks : 3 . The notice of invitation to tender shall be published in the Official Journal of the European — lot No 1 — 120 tonnes : ' Gambia 625 X Communities not less than nine days before the 2/Wheat flour/Banjul/Gift of the EEC/Action closing date for submission of tenders. of the World Food Programme' ;
— lot No 2 — 2 525 tonnes : 'Egypt 644 PX/Wheat flour/Alexandria/Gift of the EEC/ Article 3 Action of the World Food Programme' ; 1 . The prices offered must be expressed in the — lot No 3 — 4 500 tonnes : ' Egypt 535 currency of the Member State in which the invitation PX/Wheat flour/Alexandria/Gift of the EEC/ to tender was issued . Action of the World Food Programme' ;
— lot No 4 — 100 tonnes : ' North Yemen 501 2. Tenders must in particular mention the Member PX/Wheat flour/ Hodeidah/Gift of the EEC/Ac State in which the tenderer, in the event of his being tion of the World Food Programme' ; declared successful, expects to complete the customs export formalities for the products concerned. — lot No 5 — 1 524 tonnes : 'Egypt 2046/Wheat flour/Alexandria/Gift of the EEC/Action of the World Food Programme' ; 3 . For the purpose of rendering the tenders compar able, the prices shall be corrected by the monetary — lot No 6 — 400 tonnes : Madagascar 700/Fa compensatory amount applicable on the closing date rine de froment/Tamatave/ Don de la CEE/Ac for submission of tenders to exports from the Member tion du Programme alimentaire mondial' ; State mentioned in the tender pursuant to paragraph — lot No 7 — 75 tonnes : Lesotho 544 X 2 . 2/Wheat flour/East London/Gift of the EEC/ Action of the World Food Programme' ; Such correction shall be made by :
— lot No 8 — 75 tonnes : ' Lesotho 544 X — increasing prices which mention a Member State 2/Wheat flour/ Durban/Gift of the EEC/Action whose currency has depreciated, of the World Food Programme' ; — reducing prices which mention a Member State — lot No 9 — 60 tonnes : ' Lesotho 544 X whose currency has been revalued. 2/Wheat flour/East London/Gift of the EEC/ Action of the World Food Programme' ; The monetary compensatory amount shall, where — lot No 10 — 60 tonnes ; ' Lesotho 544 X appropriate, be converted into the currency of the 2/Wheat flour/Durban/Gift of the EEC/Action Member State in which the invitation to tender is of the World Food Programme' ; issued using :
— lot No 11 — 60 tonnes : ' Lesotho 544 X — in the case when the currencies concerned are 2/Wheat flour/ East London/Gift of the EEC/ kept at any given moment within a band of Action of the World Food Programme' ; 2-25 % , a conversion rate resulting from their — lot No 12 — 60 tonnes : ' Lesotho 544 X central rate, 2/Wheat flour/Durban/Gift of the EEC/Action — in the other cases, the average of the spot rates of of the World Food Programme'. the currencies concerned recorded in the Member State in which the invitation to tender is issued during a period from the Wednesday of one week To allow for the possibility of re-bagging, the to the Tuesday of the following week being the successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the period immediately preceding the closing date for submission of tenders . goods but with the printing followed by a capital letter 'R'.
Article4¶
Article 2 The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust 1 . The award of the contract shall take place on 16 ment referred to in Article 3 (3). February 1979 . However, if the tenders submitted do not appear to 2. The closing date for submission of tenders shall reflect normal market prices and costs, the interven be 16 February 1979 at 12 noon . tion agency may cancel the invitation to tender.
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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 10 units of account 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 tities dispatched and the quality of the products ; Article 7 (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 On delivery of the goods at the port of shipment, a characteristics : handing-over certificate shall be supplied to the common wheat flour : successful tenderer, acting as agent for the Commu nity, by the agent of the recipient country or, in the — moisture content : 14% maximum , 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.
Article10¶
1 . The German 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.
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This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 2 February 1979 . For the Commission
Finn GUNDELACH Vice-President