31977R2229

8 . 10 . 77 Official Journal of the European Communities No L 257/ 17

COMMISSION REGULATION ( EEC) No 2229/77 of 7 October 1977 opening an invitation to tender (or the mobilization of common wheat flour as aid for the Republic of Guinea

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 the Commission must be informed quickly Having regard to Council Regulation (EEC) No of the tenders submitted in response to the invitation 2727/75 of 29 October 1975 on the common organiza­ and of those accepted by the intervention agency ; tion of the market in cereals ('), as last amended by Regulation (EEC) No 1386/77 0, Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis­ Having regard to Council Regulation (EEC) No aged should be adopted in accordance with the condi­ 2750/75 of 29 October 1975 laying down the condi­ tions laid down in Article 3 (2) of Council Regulation tions for the mobilization of cereals as food aid (3 ), and No 129 on the value of the unit of account and the in particular Article 6 thereof, exchange rates to be applied for the purposes of the common agricultural policy (4), as last amended by Whereas on 8 February 1977 the Council of the Euro­ Regulation (EEC) No 2543/73 (5), and in particular pean Communities declared that it proposed, by way Article 3 thereof ; of Community action, to grant the equivalent of 3 500 tonnes of common wheat, in the form of 2 318 tonnes Whereas the measures provided for in this Regulation of common wheat flour, to the Republic of Guinea, are in accordance with the opinion of the Manage­ under its 1976/77 food-aid programme ; ment Committee for Cereals, Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; HAS ADOPTED THIS REGULATION : Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ Article 1 nated by the recipient or its agent ; 1 . An invitation to tender shall be issued in respect Whereas tenders may be submitted by tenderers esta­ of the supply of 2 318 tonnes of common wheat flour blished in any Member State of the Community and to the Republic of Guinea, by way of Community may relate to products mobilized anywhere within food-aid action . those Member States ; whereas, in view of the currency 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 single lot. currency situation in the Member State in which the 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 best terms ; 4. Loading shall be carried out in a Community port which has regular services to Guinea . Whereas, should force majeure make it impossible to complete the operation in question within the set 5 . The flour is to be delivered in new cotton sacks time limit, it should be made clear who is to bear the lined with Kraft paper with three pleats, or a net liability for any resulting costs ; capacity of 50 kg to the port of shipment in the Whereas provision should be made for security to be vicinity of the vessel . The goods must be set down at given to guarantee fulfilment of the obligations arising the place nominated by the recipient country or its by virtue of participation in the invitation to tender ; agent, the timing of delivery being settled by the tenderer and the recipient country's agent. (•) 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. (3) OJ No L 281 , 1 . 11 . 1975, p . 89 . (5) OJ No L 263 , 19 . 9 . 1973 , p . 1 .

No L 257/ 18 Official Journal of the European Communities 8 . 10 . 77

The following shall be printed on the sacks : Article 4 ' Farine de froment — Don de la Communauté écono­ The contract shall be awarded to the tenderer offering mique européenne à la république de Guinée'. the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty However, if the tenders submitted do not appear to sacks, of the same quality as those containing the reflect normal market prices and costs, the interven­ goods but with the printing followed by a capital tion agency may cancel the invitation to tender. letter ' R '. Article 5 Article 2 If the tenderer is unable to deliver the goods in 1 . The decision on tenders received in response to compliance with Article 1 (5) on the date given in the the invitation provided for in Article 1 shall be taken notice of invitation to tender as a result of the late on 21 October 1977 . availability of the vessels to be used for sea transporta­ tion , the resulting costs shall be borne by the interven­ 2. The closing date for submission of tenders shall be 21 October 1977 , at 12 noon . tion agency.

3 . The notice of invitation to tender shall be Article 6 published in the Official Journal of the European Communities not less than nine days before the 1 . The tenderer shall give security in an amount of closing date for submission of tenders. 10 units of account per tonne of goods.

It shall be released : Article 3 — in the case of all tenderers whose tenders are 1 . The prices offered must be expressed in the unsuccessful or are not accepted, currency of the Member State in which the invitation — in the case of the successful tenderer, when the to tender was issued . operations concerned have been carried out within 2. Tenders must in particular mention the Member the prescribed time limit and on submission of State in which the tenderer, in the event of his being the original export licence duly granted and declared successful , expects to complete the customs endorsed by the competent authorities of the export formalities for the products concerned . Member State mentioned in the tender pursuant to Article 3 (2), 3 . For the purpose of rendering the tenders compar­ — in the case of the successful tenderer for quantities able, the prices shall, where appropriate, be corrected not supplied by reason of force majeure. by the monetary compensatory amount and the acces­ sion compensatory amount applicable on the closing 2. The security required under paragraph 1 may be date for submission of tenders to exports from the provided in the form of a cash deposit or of a Member State mentioned in the tender pursuant to guarantee issued by a credit institution conforming to paragraph 2. criteria laid down by each Member State. Such correction shall be made by : Article 7 — increasing prices which mention a Member State 1 . The common wheat flour referred to in Article 1 whose currency has depreciated or a new Member State, to be supplied to the Republic of Guinea, must meet the following requirements : — reducing prices which mention a Member State whose currency has been revalued. — moisture : 14 % maximum ; — protein content : 1 0-5 % minimum (N x 6-25 on The monetary compensatory amount shall, where dry matter) ; appropriate, be converted into the currency of the Member State in which the invitation to tender is — ash content : 0-52 % maximum referred to dry matter . issued using : — in the case when the currencies concerned are Flour not meeting these requirements shall be kept at any given moment within a band of refused . 2-25 % , a conversion rate resulting from their 2. Tenders for supply to the Republic of Guinea, of central rate ; the common wheat flour referred to in Article 1 must — in the other cases, the average of the spot rates of relate to a product with the following 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 .

8 . 10 . 77 Official Journal of the European Communities No L 257/ 19

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 ten­ Article 9 derer. 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 relating to the tendering are completed. Communities.

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

Done at Brussels, 7 October 1977.

For the Commission

Finn GUNDELACH Vice-President