31975R2458

27 . 9 . 75 Official Journal of the European Communities No L 251 /21

REGULATION ( EEC) No 2458 / 75 OF THE COMMISSION

of 26 September 1975

opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of Rwanda

THE COMMISSION OF THE EUROPEAN Whereas the Belgian intervention agency should be COMMUNITIES , made responsible for organizing the invitation to tender ; Having regard to the Treaty establishing the European Economic Community ; 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 Council Regulation No 120/ the intervention agency ; 67/ EEC (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Whereas the Monetary Committee will be consulted ; lation (EEC) No 665/75 (2) ; whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Having regard to Council Regulation (EEC) No tions laid down in Article 3 (2) of Council Regulation 1 693/72 (3) of 3 August 1972 establishing the criteria No 129 (4) on the value of the unit of account and the for the mobilization of cereals to be used as food aid , exchange rates to be applied for the purposes of the and in particular Article 6 thereof ; common agricultural policy, as last amended by Regu­ lation ( EEC) No 2543 /73 (5), and in particular Article Whereas on 21 March 1974, the Council of the Euro­ 3 thereof ; pean Communities declared that by way of Commu­ nity action it proposed to grant to the Republic of Whereas the measures provided for in this Regulation Rwanda the equivalent of 3 000 metric tons of are in accordance with the Opinion of the Manage­ common wheat in the form of flour, i.e. 1 986 metric ment Committee for Cereals, tons of common wheat flour, under its 1973 / 74 food­ aid programme ;

HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula­ tion ( EEC) No 1693 /72 the goods may be purchased anywhere on the Community market ; Article 1

Whereas the proposed invitation to tender should be 1 . An invitation to tender shall be issued in respect for supply of the products delivered unloaded to of the supply of 1 986 metric tons of common wheat Ruhengeri and to Kigali ; flour to the Republic of Rwanda by way of Commu­ nity food-aid action . Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 2. The tendering procedure shall take place in the may relate to products mobilized anywhere within Kingdom of Belgium and shall be in respect of four those Member States ; whereas , in view of the currency lots . situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 3 . The goods shall be mobilized on the Commu­ should be taken of the effect on each tender of the nity market. currency situation in the Member State in which the customs export formalities will be completed ; 4. Shipment shall be from any Community port.

Whereas the award under the invitation to tender 5 . The invitation to tender provided for in para­ must be made in favour of the tenderer offering the graph 1 is for supply of products delivered unloaded best terms ; to Ruhengeri and to Kigali in new cotton sacks of a net capacity of 50 kilogrammes . Whereas provision should be made for security to be given to guarantee fulfilment of obligations arising by 6 . The following shall be printed on the sacks : virtue of participation in the invitation to tender for Farine de froment — Don de la Communauté écono­ the supply of goods to the Republic of Rwanda ; mique européenne '.

(') OJ No 117, 19 . 6 . 1967, p . 2269 / 67. (-') OJ No L 72, 20 . 3 . 1975, p . 14 . (4 ) OJ No 106, 30 . 10 . 1962, p . 2553 / 62 . (■' OJ No L 178 , 5 . 8 . 1972, p . 3 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

No L 251 / 22 Official Journal of the European Communities 27 . 9 . 75

Article2¶

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 10 units of account per metric ton of goods. on 10 October 1975 . It shall be released : 2. The closing date for submission of tenders shall be 10 October 1975 at 12 noon . — in the case of all tenderers whose tenders are unsuccessful or are not accepted, 3 . The notice of invitation to tender shall be — in the case of the successful tenderer, when the published in the Official Journal of the European operations concerned have been carried out within Communities not less than nine days before the the prescribed time limit and on submission of closing date for submission of tenders . the original export licence duly granted and endorsed by the competent authorities of the Article 3 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, where appropriate , be corrected Article 6 by the monetary compensatory amount and the acces­ sion compensatory amount applicable on the closing 1 . The goods referred to in Article 1 which are to date for submission of tenders to exports from the be supplied to the Republic of Rwanda must meet the Member State mentioned in the tender pursuant to following requirements : paragraph 2. common wheat flour : Such correction shall be made by : — moisture content : 15% maximum , — increasing prices which mention a Member State whose currency has depreciated or a new Member — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ State , lated on the dry matter),

— reducing prices which mention a Member State — ash content : 0-52 % maximum on the dry matter. whose currency has been revalued . If the goods referred to in Article 1 do not meet the The monetary compensatory amount shall, where foregoing requirements they shall be rejected and the appropriate, be converted into the currency of the successful tenderer shall be owner thereof . Member State in which the invitation to tender is issued using : 2. Tenders for supply to the Republic of Rwanda of the goods referred to in Article 1 must relate to — in the case when the currencies concerned are products with the following characteristics : kept at any given moment within a band of 2-25 % , a conversion rate resulting from their co m m o n whea t flo u r : central rate, — moisture content : 15% maximum , — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ State in which the invitation to tender is issued lated on the dry matter), during a period from the Wednesday of one week — ash content : 0-52 % maximum on the dry matter. to the Tuesday of the following week being the period immediately preceding the closing date for Article 7 submission of tenders .

1 . The Belgian intervention agency shall be respon­ Article 4 sible for operations relating to the invitation to tender The contract shall be awarded to the tenderer offering provided for by this Regulation .

the best terms taking into consideration the adjust­ 2 . It shall forthwith communicate to the Commis­ ment referred to in Article 3 (3). sion the list of firms which have responded to the invi­ However, if the tenders submitted do not appear to tation to tender, specifying the terms of each tender, reflect normal market prices and costs, the interven­ together with the name and business name of the successful tenderer . tion agency may cancel the invitation to tender.

27 . 9 . 75 Official Journal of the European Communities No L 251 / 23

3 . Where the customs export formalities for the (a) after each shipment a certificate showing the quan­ mobilized product are completed in a Member State tities dispatched and the quality of the products ; other than that in which the invitation to tender is (b) the date of departure of the vessels ; issued, the intervention agency of the latter Member State shall be responsible for the operations following (c) all possible contingencies which might occur tendering, including payment to the successful during transportation of the products . tenderer . The intervention agency shall transmit the informa­ In such case, the intervention agency choosing the tion provided for to the Commission as soon as it is successful tenderer shall immediately inform the inter­ received . vention agency of the Member State concerned and shall supply it with all the information which it may 5 . When the intervention agency responsible for require . the operations relating to tendering is not the interven­ Furthermore, the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid after it has been converted using the shall send as soon as possible to the latter the informa­ average of the spot rates referred to in the second tion necessary for releasing the security. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 8 relating to the tendering are completed .

4. The intervention agency shall request the This Regulation shall enter into force on the day of its successful tenderer to supply the following informa­ publication in the Official Journal of the European tion : Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 26 September 1975 .

For the Commission

P.J. LARDINOIS

Member of the Commission