31977R0626

26 . 3 . 77 Official Journal of the European Communities No L 78 / 5

COMMISSION REGULATION ( EEC) No 626/77 of 25 March 1977 opening an invitation to tender for the mobilization of common wheat flour as aid for the United Republic of the Cameroons

THE COMMISSION OF THE EUROPEAN virtue of participation in the invitation to tender for COMMUNITIES, the supply of goods to the United Republic of the Cameroons ; Having regard to the Treaty establishing the European Economic Community, Whereas the Belgian 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 3138/76 (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 6 April 1971 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 1 500 common agricultural policy (4), as last amended by tonnes of common wheat, in the form of 993 tonnes Regulation (EEC) No 2543/73 (5), and in particular of common wheat flour, to the United Republic of the Article 3 thereof ; Cameroons under its 1970/71 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 tenders should be invited for the supply of HAS ADOPTED THIS REGULATION : 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 ; Article 1

Whereas tenders may be submitted by tenderers esta­ 1 . An invitation to tender shall be issued in respect blished in any Member State of the Community and of the supply of 993 tonnes of common wheat flour to may relate to products mobilized anywhere within the United Republic of the Cameroons by way of those Member States ; whereas, in view of the currency Community food-aid action . situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 2. The tendering procedure shall take place in the should be taken of the effect on each tender of the Kingdom of Belgium and shall be in respect of a currency situation in the Member State in which the single lot. customs export formalities will be completed ; 3 . The product shall be mobilized on the Commu­ Whereas the award under the invitation to tender nity market. must be made in favour of the tenderer offering the 4. Loading shall be carried out in a Community best terms ; port which has regular services to the Cameroons. Whereas, should force majeure make it impossible to 5. The product referred to in paragraph 1 is to be complete the operation in question within the set delivered in new jute sacks of a net capacity of 50 kilo­ time limit, it should be made clear who is to bear the grams to the port of shipment in the vicinity of the liability for any resulting costs ; vessel . The goods must be set down at the place nomi­ Whereas provision should be made for security to be nated by the recipient country or its agent, the timing given to guarantee fulfilment of obligations arising by 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 354, 24. 12. 1976, p. 1 . H 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 78 / 6 Official Journal of the European Communities 26 . 3 . 77

The minimum weight of the sacks shall be 600 grams. Article 4 The following shall be printed on the sacks : The contract shall be awarded to the tenderer offering ' Farine de froment — Don de la CEE au Cameroun the best terms, taking into consideration the adjust­ — Destinée å la vente . ment referred to in Article 3 (3). To allow for the possibility of re-bagging, the However, if the tenders submitted do not appear to successful tenderer shall supply 2 % of new empty reflect normal market prices and costs, the interven­ sacks, of the same quality as those containing the tion agency may cancel the invitation to tender. goods but with the printing followed by a capital Article 5 letter ' R'. If the tenderer is unable to deliver the goods in Article 2 compliance with Article 1 (5) on the date given in the notice of invitation to tender as a result of the late 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken availability of the vessels to be used for sea transporta­ on 13 April 1977. tion, the resulting costs shall be borne by the interven­ tion agency. 2. The closing date for submission of tenders shall be 13 April 1977, at 12 noon . Article 6 3 . The notice of invitation to tender shall be 1 . The tenderer shall give security in an amount of published in the Official Journal of the European 10 units of account per tonne of goods. Communities not less than nine days before the closing date for submission of tenders. It shall be released : — in the case of all tenderers whose tenders are Article 3 unsuccessful or are not accepted, 1 . The prices offered must be expressed in the — in the case of the successful tenderer, when the currency of the Member State in which the invitation operations concerned have been carried our within to tender was issued . the prescribed time limit and on submission of 2. Tenders must in particular mention the Member the original export licence duly granted and State in which the tenderer, in the event of his being endorsed by the competent authorities of the declared successful , expects to complete the customs Member State mentioned in the tender pursuant export formalities for the products concerned . to Article 3 (2), — in the case of the successful tenderer for quantities 3 . For the purpose of rendering the tenders compar­ not supplied by reason of force majeure. able, the prices shall , where appropriate, be corrected by the monetary compensatory amount and the acces­ 2. The security required under paragraph 1 may be sion compensatory amount applicable on the closing provided in the form of a cash deposit or of a date for submission of tenders to exports from the guarantee issued by a credit institution conforming to Member State mentioned in the tender pursuant to criteria laid down by each Member State. paragraph 2. Article 7 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 the United Republic of the whose currency has depreciated or a new Member State , Cameroons must meet the following requirements : — reducing prices which mention a Member State — moisture : 14% maximum ; whose currency has been revalued . — protein content : 1 0*5 % minimum (N X 6-25 on dry matter) ; The monetary compensatory amount shall, where appropriate, be converted into the currency of the — ash content : 0-52 % maximum referred to dry Member State in which the invitation to tender is matter . issued using : Flour not meeting these requirements shall be — in the case when the currencies concerned are refused . kept at any given moment within a band of 2. Tenders for supply to the United Republic of the 2-25 % , a conversion rate resulting from their Cameroons of the common wheat flour referred to in central rate ; Article 1 must relate to a product with the following — in the other cases, the average of the spots rates of characteristics : the currencies concerned recorded in the Member State in which the invitation to tender is issued — moisture : 14% maximum ; during a period from the Wednesday of one week — protein content : 10-5 % minimum (N X 6-25 on to the Tuesday of the following week being the dry matter) ; period immediately preceding the closing date for — ash content : 0-52 % maximum referred to dry submission of tenders . matter .

26 . 3 . 77 No L 78 /7 Official Journal of the European Communities

Article 8 4. The intervention agency shall request the successful tenderer to supply the following informa­ 1 . The Belgian intervention agency shall be respon­ tion : sible for operations relating to the invitations to (a) after each shipment a certificate showing the quan­ tender provided for by this Regulation . tities dispatched and the quality of the products ; 2 . It shall forthwith communicate to the Commis­ (b) the date of departure of the vessels. sion the list of firms which have responded to the invi­ The information indicated above shall be forwarded tation to tender, specifying the terms of each tender, by the intervention agency to the Commission imme­ together with the name and business name of the successful tenderer . diately upon receipt. 5. When the intervention agency responsible for 3 . Where the customs export formalities for the the operations relating to tendering is not the interven­ mobilized product are completed in a Member State tion agency which appoints the successful tenderer, it other than that in which the invitation to tender is shall send as soon as possible to the latter the informa­ issued, the intervention agency of the latter Member tion necessary for releasing the security. State shall be responsible for the operations following tendering, including payment to the successful Article 9 tenderer . On delivery of the goods at the port of shipment, a In such case, the intervention agency choosing the handing-over certificate shall be supplied to the successful tenderer shall immediately inform the inter­ successful tenderer, acting as agent for the Commu­ vention agency of the Member State concerned and nity, by the agent of the recipient country or, in the shall supply it with all the information which it may absence of the latter, by the intervention agency of the require . Member State in whose territory the port of shipment is situated . Furthermore , the amount of the successful tender shall be paid after it has been converted using the Article 10 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the This Regulation shall enter into force on the day of its currency of the Member State in which the operations publication in the Official Journal of the European Communities. relating to the tendering are completed .

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

Done at Brussels, 25 March 1977 .

For the Commission

Finn GUNDELACH Vice-President