31977R2676

No L 310/22 Official Journal of the European Communities 3 . 12. 77

COMMISSION REGULATION ( EEC) No 2676/77 of 2 December 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Madagascar

THE COMMISSION OF THE EUROPEAN Whereas the Belgian intervention agency should be COMMUNITIES, made responsible for the tendering procedure ; Having regard to the Treaty establishing the European Whereas the Commission must be informed quickly Economic Community, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas the Monetary Committee will be consulted ; tion of the market in cereals (J ), as last amended by whereas, in view of the urgency, the measures envis­ Regulation (EEC) No 1386/77 0, 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 No 129 on the value of the unit of account and the 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and exchange rates to be applied for the purposes of the in particular Article 6 thereof, common agricultural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Whereas on 8 February 1977, the Council of the Euro­ Article 3 thereof ; pean Communities declared that it proposed, by way of Community action, to grant the equivalent of 5 000 Whereas the measures provided for in this Regulation tonnes of common wheat (in other words 3 311 are in accordance with the opinion of the Manage­ tonnes of common wheat flour) to the Democratic ment Committee for Cereals, Republic of Madagascar under its 1976/77 food-aid programme ; HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; Article 1 Whereas the proposed invitation to tender should be for supply of the products delivered in the ship's hold 1 . Tenders are hereby invited for the supply to the at the port of unloading ; Democratic Republic of Madagascar, by way of Community action , of 3 311 tonnes of common wheat Whereas tenders may be submitted by tenderers esta­ flour . blished in any Member State of the Community and may relate to products mobilized anywhere within 2. The tendering procedure shall take place in those Member States ; whereas, in view of the currency Belgium in one lot. The product shall be mobilized situation in the Member States and in order to ensure on the Community market. The product shall be that the tenders are as comparable as possible, account loaded for departure from any Community port. should be taken of the effect on each tender of the currency situation in the Member State in which the 3 . The invitation to tender provided for in para­ customs export formalities will be completed ; graph 1 is for supply of products delivered in the ship's hold at the ports of unloading, Diego Suarez Whereas the award under the invitation to tender 300 tonnes, Tulear 250 tonnes, Majunga 500 tonnes, must be made in favour of the tenderer offering the Tamatave 2 261 tonnes. The recipient country shall best terms ; bear all costs subsequent to delivery of the goods Whereas, should force majeure make it impossible to including unloading costs (such as unstowing, hoisting complete the operation in question within the time and reception) and any lighterage costs. limits specified, it must be made clear who is to bear Any demurrage costs or dispatch money at the port of the liability for any resulting costs ; unloading shall be a charge on or for the benefit of Whereas provision should be made for security to be the recipient country. given for the purpose of guaranteeing that the obliga­ 4 . The successful tenderer shall deliver the tions arising by virtue of participation in the invita­ tion to tender will be fulfilled ; products in new cotton sacks lined with three ply kraft paper, having a net capacity of 50 kilograms. (■) 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, 1 9 . 9 . 1 973 , p. 1 .

3 . 12 . 77 No L 310/ 23 Official Journal of the European Communities

The following shall be printed on the sacks : to the Tuesday of the following week being the ' Farine de froment / Don de la Communaute econo­ period immediately preceding the closing date for submission of tenders. mique europeenne a Madagascar.'

To allow for the possibility of re-bagging, the Article 4 successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the The contract shall be awarded to the tenderer offering goods but with the printing followed by a capital the best terms, taking into consideration the adjust­ letter 'R\ ment referred to in Article 3 (3).

However, if the tenders submitted do not appear to Article 2 reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken on 16 December 1977 . Article %

2. The closing date for the submission of tenders 1 . The tenderer shall give security in an amount of shall be 16 December 1977 at 12 noon . 10 units of account per tonne of goods.

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

No L 310/24 Official Journal of the European Communities 3 . 12. 77

Article 7 (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products 1 . The Belgian intervention agency shall be respon­ and their packaging ; sible for the operations relating to the invitation to (b) the date of the departure of the ships ; the tender provided for by this Regulation . expected date of arrival of the products at their 2. It shall forthwith communicate to the Commis­ destination ; sion the list of firms which have responded to the invi­ (c) all possible contingencies which might occur tation to tender, specifying the terms of each tender, during transportation of the products. together with the name and business name of the successful tenderer. The intervention agency shall transmit the informa­ tion provided for the Commission as soon as it is 3. Where the customs export formalities for the received . mobilized product are completed in a Member State other than that in which the invitation to tender is 5. When the intervention agency responsible for issued, the intervention agency of the latter Member the operations relating to tendering is not the interven­ State shall be responsible for the operations following tion agency which appoints the successful tenderer, it tendering, including payment to the successful ten­ shall send as soon as possible to the latter the informa­ derer. tion necessary for releasing the security. 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 As regards this tender the intervention agency is auth­ shall supply it with all the information which it may orized to make an initial payment of 80 % of the require . value of the quantity given in the bill of lading, on Furthermore, the amount of the successful tender presentation of that document and subject to the taking of a security for an amount equal to the initial shall be paid after it has been converted using the payment. average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 9 relating to the tendering are completed. This Regulation shall enter into force on the day of its 4. The intervention agency shall ask that the publication in the Official Journal of the European tenderer specifies the following information : Communities.

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

Done at Brussels, 2 December 1977 .

For the Commission Finn GUNDELACH Vice-President