31977R1814

6 . 8 . 77 No L 199/9 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1814/77 of 5 August 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Central African Empire

THE COMMISSION OF THE EUROPEAN by virtue of participation in the invitation to tender COMMUNITIES, for the supply of goods to the Central African Empire ; Having regard to the Treaty establishing the European Economic Community, Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ Having regard to Council Regulation (EEC) No tion ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals (l), as last amended by Whereas the Commission must be informed quickly Regulation (EEC) No 1 386/77 (2), of the tenders submitted in response to the invitation and of those accept 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 25 March 1976 the Council of the Euro­ No 129 on the value of the unit of account and the pean Communities declared that by way of Commu­ exchange rates to be applied for the purposes of the nity action it proposed to grant the Republic of Sri common agricultural policy (4), as last amended by Lanka the equivalent of 1 500 tonnes of common Regulation (EEC) No 2543/73 (5), and in particular wheat, in the form of flour, i.e. 993 tonnes of common Article 3 thereof ; wheat flour, under its 1976/77 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 ment Committee for Cereals, tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas the proposed invitation to tender should be HAS ADOPTED THIS REGULATION : for supply of the products delivered to Bangui ;

Whereas tenders may be submitted by tenderers esta­ Article 1 blished in any Member State of the Community and may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 1 . An invitation to tender shall be issued in respect situation in the Member States and in order to ensure of the supply of 993 tonnes of common wheat flour to that the tenders are as comparable as possible, account the Central African Empire by way of Community should be taken of the effect on each tender of the food-aid action. currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in France in one lot. The product shall be mobilized on Whereas the contract should be awarded to the the Community market. The product shall be loaded tenderer offering the best terms ; for departure from any Community port.

Whereas in case it should be impossible for reasons of 3. The invitation to tender provided for in para­ force majeure to complete the operation in question graph 1 is for supply of products delivered to Bangui. within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; 4. The successful tenderer shall deliver the product specified in paragraph 1 in new jute sacks, lined with Whereas provision should be made for security to be cotton sacks, of a net capacity of 50 kilograms. given to guarantee fulfilment of the obligations arising 5. The following shall be printed on the sacks : (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 158, 29. 6. 1977, p. 1 . («) OJ No 106, 30. 10. 1962, p. 2553/62. (J) OJ No L 281 , 1 . 11 . 1975, p. 89 . (s) OJ No L 263, 19 . 9. 1973, p. 1 .

No L 199/ 10 Official Journal of the European Communities 6. 8. 77

Farine de froment —- Don de la Communauté écono­ to the Tuesday of the following week being the mique européenne à l'Empire centrafricain'. period immediately preceding the closing date for submission of tenders. To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty Article 4 sacks of the same quality as those containing the goods but with the printing followed by a capital The contract shall be awarded to the tenderer offering 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 decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided for in Article 1 shall be taken on 19 August 1977. Article 5 2. The closing date for submission of tenders shall be 19 August 1 977 at 12 noon. 1 . The tenderer shall give security of a value of 10 units of account per tonne of goods. 3. The notice of invitation to tender shall be published in the Official Journal of the European It shall be released : Communities not less than nine days before the — in the case of all tenderers whose tenders are closing date for submission of tenders. unsuccessful or are not accepted, — in the case of the successful tenderer, when the Article 3 operations concerned have been carried out within the prescribed time limit and on submission of 1 . The prices offered must be expressed in the the original export licence duly granted and currency of the Member State in which the invitation endorsed by die competent authorities of the to tender was issued. Member State mentioned in the tender pursuant to Article 3 (2), 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being — in the case of the successful tenderer for quantities declared successful, expects to complete the customs not supplied . by reason of force majeure. export formalities for the products concerned. 2. The security required under paragraph 1 may be 3. For the purpose of rendering tenders compar­ provided in the form of a cash deposit or of a able, the prices shall, where appropriate, be corrected guarantee issued by a credit institution conforming to by the monetary compensatory amount and the acces­ criteria laid down by each Member State. sion compensatory amount applicable on the closing date for submission of tenders to exports from the Article 6 Member State mentioned in the tender pursuant to paragraph 2. 1 . The goods referred to in Article 1 which are to be supplied to the Central African Empire must meet Such correction shall be made by : the following requirements : — increasing prices which mention a Member State — moisture : 14 % maximum, whose currency has depreciated or a new Member — protein content : 10-5% minimum (N x 6-25 on State, dry matter), — reducing prices which mention a Member State — ash content : 0-52 % maximum referred to dry whose currency has been revalued. matter.

The monetary compensatory amount shall, where If the goods referred to in Article 1 do not meet the appropriate, be converted into the currency of the foregoing requirements they shall be rejected and the Member State in which the invitation to tender is successful tenderer shall be owner thereof. issued using : 2. Tenders for supply to the' Central African — in the case when the currencies concerned are Empire of the goods referred to in Article 1 must kept at any given moment within a band of relate to products with the following characteristics : 2-25 %, a conversion rate resulting from their — moisture : 14% maximum, central rate, — protein content : 10-5 % minimum (N x 6*25 on — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member dry matter), State in which the invitation to tender is issued — ash content : 0-52 % maximum referred to dry matter. during a period from the Wednesday of one week

6. 8 . 77 Official Journal of the European Communities No L 199/ 11

Article 7 of the Member State in which the operations relating to the tendering are completed. 1 . The French intervention agency shall be respon­ sible for organizing the invitation to tender provided 4. The intervention agency shall request the for by this Regulation. successful tenderer to supply the following informa­ tion : 2. It shall forthwith communicate to the Commis­ (a) after each shipment a certificate showing the quan­ sion the list of firms which have responded to the invi­ tities dispatched and the quality of the products ; tation to tender, specifying the terms of each tender together with the name and business name of the (b) the date of the departure of the ships and the esti­ successful tenderer. mated date of arrival of the products at their desti­ nation ; 3. Where the customs export formalities for the (c) all possible contingencies which might occur mobilized product are completed in a Member State during transportation of the products. other than that in which the invitation to tender is issued, the intervention agency of the latter Member The information indicated above shall be forwarded State shall be responsible for the operations following by the intervention agency to the Commission imme­ tendering, including payment to the successful diately upon receipt. tenderer. 5. When the intervention agency responsible for In this case, the intervention agency choosing the the operations relating to tendering is not the interven­ successful tenderer shall immediately inform the inter­ tion agency which appoints the successful tenderer, it vention agency of the Member State concerned and shall send as soon as possible to the latter the informa­ shall supply it with all the information which it may tion necessary for releasing the security. require.. Article 8 Furthermore, the amount of the successful tender shall be paid after it has been converted using the This Regulation shall enter into force on the day of its average of the spot rates referred to in the third subpa­ publication in the Official Journal of the European ragraph of Article 3 (3) to the tenderer in the currency Communities.

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

Done at Brussels, 5 August 1977. For tHe Commission

Finn GUNDELACH Vice-President