31977R2097

24. 9 . 77 Official Journal of the European Communities No L 245/ 17

COMMISSION REGULATION (EEC) No 2097/77 of 23 September 1977

opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Dertiocratic Republic of Sao Tome and Principe

THE COMMISSION OF THE EUROPEAN Whereas, should force majeure make it impossible to COMMUNITIES, complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to the Treaty establishing the European the liability for any resulting costs ; Economic Community,

Having regard to Council Regulation (EEC) No Whereas provision should be made for security to be 2727/75 of 29 October 1975 on the common organiza­ given for the purpose of guaranteeing that the obliga­ tion of the market in cereals (!), as last amended by tions arising by virtue of participation in the invita­ tion to tender will be fulfilled ; Regulation (EEC) No 1 386/77 (2),

Having regard to Council Regulation (EEC) No Whereas the Italian intervention agency should be 2750/75 of 29 October 1975 laying down the condi­ made responsible for the tendering procedure ; tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Whereas on 8 February 1977 the Council of the Euro­ and of those accepted by the intervention agency ; pean Communities declared that it proposed, by way of Community action, to grant the equivalent of 602 Whereas the Monetary Committee will be consulted ; tonnes of common wheat (in other words 400 tonnes whereas, in view of the urgency, the measures envis­ of common wheat flour) to the Democratic Republic aged should be adopted in accordance with the condi­ of Sao Tome and Principe under its 1976/77 food-aid tions laid down in Article 3 (2) of Council Regulation programme ; No 129 on the value of the unit of account and the Whereas pursuant to Article 3 (3) of Council Regula­ exchange rates to be applied for the purpose of the tion (EEC) No 2750/75 the goods may be purchased common agricultural policy (5), as last amended by anywhere on the Community market ; Regulation (EEC) No 2543/73 (6), and in particular Article 3 thereof ; Whereas the successful tenderer appointed under Commission Regulation (EEC) No 1370/77 of 24 Whereas the measures provided for in this Regulation June 1977 opening an.* invitation to tender for the mobilization of common wheat flour as food aid for are in accordance with the opinion of the Manage­ ment Committee for Cereals, the Democratic Republic of Sao Tome and Prin­ cipe ^), has not been able to carry out the execution of this aid ; whereas it is necessary to open a new tender ; HAS ADOPTED THIS REGULATION : Whereas the proposed invitation to tender should be for supply of the products to the dock or in the Article 1 lighter where applicable at the port of unloading ;

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 Democratic Republic of Sao Tome and Principe by may relate to products mobilized anywhere within way of Community action, of 400 tonnes of common those Member States ; whereas, in view of the currency wheat flour. 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 Italy should be taken of the effect on each tender of the in one lot. The product shall be mobilized on the currency situation in the Member State in which the Community market. The products shall be loaded for customs export formalities will be completed ; departure ..from a Community port.

Whereas the award under the invitation to tender 3. The invitation to tender provided for in para­ must be made in favour of the tenderer offering the best terms : graph 1 is for supply of products to the dock, or in the lighter where applicable, at the port of unloading (Sao Tome). 0) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 158, 29 . 6. 1977, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 89. (5) OJ No 106, 30. 10. 1962, p. 2553/62. H OJ No L 156, 25. 6. 1977, p. 27. (* OJ No L 263, 19. 9. 1973, p. 1 .

No L 245/ 18 Official Journal of the European Communities 24. 9 . 77

4. The successful tenderer shall deliver the — in the case when the currencies concerned are products in new cotton sacks of a net capacity of 50 kept at any given moment within a band of kilograms. 2-25 % , a conversion rate resulting from their central rate, Minimum weight of the sacks shall be 180 grams. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member The following shall be printed on the sacks : State in which the invitation to tender is issued during a period from the Wednesday of one week 'Farinha — Dom da Comunidade economica europeia to the Tuesday of the following week being the a Republica democratica de Sâo Tomé e Principe.' 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 sacks of the same quality as those containing the Article 4 goods but with the printing followed by a capital letter 'R\ The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ Article 2 ment referred to in Article 3 (3).

However, if the tenders submitted do not appear to 1 . The decision on tenders received in response to reflect normal market prices and costs, the interven­ the invitation provided for in Article 1 shall be taken on 7 October 1977 . tion agency may cancel the invitation to tender.

2. The closing date for the submission of tenders Article 5 shall be 7 October 1977 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be 10 units of account per tonne of goods. published in the Official Journal of the European Communities not less than nine days before the It shall be released : closing date for the submission of tenders. — in the case of all tenderers whose tenders are unsuccessful or are not accepted, Article 3 — in the case of the successful tenderer, when the operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of curency of the Member State in which the invitation to tender was issued . the original export licence duly granted and endorsed by the competent authorities of the 2. Tenders must in particular mention thi Member Member State mentioned in the tender pursuant to Article 3 (2), State in which the tenderer, in the event of his being declared successful, expects to complete the customs — in the case of the successful tenderer for quantities export formalities for the products concerned. not supplied by reason of force majeure.

3. For the purpose of rendering the tenders compar­ 2. The security required under paragraph 1 may be able, the prices shall, where appropriate, be corrected provided in the form of a cash deposit or of a by the monetary compensatory amount and the acces­ guarantee issued by a credit institution conforming to sion compensatory amount applicable on the closing criteria laid down by each Member State. date for submission of tenders to exports from the Member State mentioned in the tender pursuant to Article 6 paragraph 2.

1 . The common wheat flour referred to in Article 1 Such correction shall be made by : to be supplied to Sao Tome and Principe must meet — increasing prices which mention a Member State the following requirements : whose currency has depreciated or a new Member — moisture : 1 2 % maximum, State, — protein content : 10-5 % minimum (N x 6*25 on — reducing prices which mention a Member State dry matter), whose currency has been revalued. — ash content : 0-52 % maximum referred to dry The monetary compensatory amount shall, where matter. appropriate, be converted into the currency of the Member State in which the invitation to tender is Flour not meeting these requirements shall be issued using : refused .

24. 9 . 77 Official Journal of the European Communities No L 245/ 19

2. Tenders for supply to Sao Tome and Principe of Furthermore, the amount of the successful tender the common wheat flour referred to in Article 1 must shall be paid after it has been converted using the relate to a product with the following characteristics : average of the spot rates referred to in the second — moisture : 12 % maximum, subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations — protein content : 10-5 % minimum (N x 6-25 on relating to the tendering are completed. dry matter), — ash content : 0-52 % maximum referred to dry 4. The intervention agency shall ask that the matter. tenderer specifies the following information :

(a) after each shipment, a statement giving details of Article 7 the quantities loaded, the quality of the products and their packaging ; 1 . The Italian intervention agency shall be respon­ sible for the operations relating to the invitation to (b) the date of the departure of the ships and the tender provided for by this Regulation. expected date of arrival of the products at their destination ; 2. It shall forthwith communicate to the Commis­ (c) all possible contingencies which might occur sion the list of firms which have responded to the invi­ during transportation of the products. tation to tejider, specifying the terms of each tender, together with the name and business name of the The intervention agency shall transmit the informa­ successful tenderer. tion provided for to the Commission as soon as it is received, t 3. Where the customs export formalities for the mobilized product are completed in a Member State 5. When the intervention agency responsible for other than that in which the invitation to tender is the operations relating to tendering is not the interven­ issued, the intervention agency of the latter Member tion agency which appoints the successful tenderer, it State shall be responsible for the operations following shall send as soon as possible to the latter the informa­ tendering, including payment to the successful tion necessary for releasing the security. tenderer.

In such case, the intervention agency choosing the Article 8 ' successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and This Regulation shall enter into force on the day of its shall supply it with all the information which it may publication in the Official Journal of the European require. Communities.

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

Done at Brussels, 23 September 1977.

For the Commission

Finn GUNDELACH

Vice-President