31977R2812

No L 322/22 Official Journal of the European Communities 17 . 12 . 77

COMMISSION REGULATION (EEC) No 2812/77 of 16 December 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Rwanda

THE COMMISSION OF THE EUROPEAN Whereas the Belgian intervention agency should be COMMUNITIES, made responsible for the tendering procedure in ques­ tion ; Having regard to the Treaty establishing the European Economic Community, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( J), as last amended by Whereas the Monetary Committee will be consulted ; Regulation (EEC) No 3138/76 (2), whereas, in view of the urgency, the measures envis­ 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 2750/75 of 29 October 1975 laying down the condi­ No 129 on the value of the unit of account and the 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 by way of Commu­ nity action it proposed to grant the Republic of Whereas the measures provided for in this Regulation Rwanda 2 500 tonnes of common wheat under its are in accordance with the opinion of the Manage­ 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 the proposed invitation to tender should be for supply of the products delivered to Ruhenjeri ; Article 1 Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 1 . Tenders are hereby invited for the supply by way may relate to products mobilized anywhere within of Community food-aid action to the Republic of those Member States ; whereas, in view of the currency Rwanda of 2 500 tonnes of common wheat . situation in the Member States and in order to ensure that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 2. The tendering procedure shall take place in currency situation in the Member State in which the Belgium in three lots. customs export formalities will be completed ; 3 . The products shall be mobilized on the Commu­ Whereas the contract should be awarded to the nity market . tenderer offering the best terms ; 4. Shipment shall be from a Community port. Whereas in case it should be impossible for reasons of force majeure to complete the operation in question 5. The invitation to tender provided for in para­ within the set time limits, it must be made clear who graph 1 is for supply of the products delivered to is to bear any costs resulting therefrom ; Ruhenjeri . Whereas provision should be made for security to be 6 . The successful tenderer shall deliver the given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; products specified in paragraph 1 in new jute sacks of a net capacity of 50 kilograms. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 354, 24 . 12 . 1976 , p. 1 . (4 ) OJ No 106, 30 . 10 . 1962, p. 2553/62. P ) OJ No L 281 , 1 . 1 1 . 1975, p. 89 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

17. 12. 77 Official Journal of the European Communities No L 322/ 23

Minimum weight of the sacks shall be 600 grams. The State in which the invitation to tender is issued following shall be printed on the sacks : during a period from the Wednesday of one week to the Tuesday of the following week being the 'Froment tendre / Don de la Communaute econo­ period immediately preceding the closing date for mique europeenne a la republique du Rwanda / submission of tenders . Destine a la vente.'

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 1 . The decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided for in Article 1 ^hall be taken on 30 December 1977. Article 5 2. The closing date for the receipt of tenders shall 1 . The tenderer shall give security in an amount of be 30 December 1977 at 12 noon . five 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 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 the 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 quanti­ declared successful, expects to complete the customs ties 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 the 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 Member State mentioned in the tender pursuant to Article 6 paragraph 2. The product referred to in Article 1 must be of fair Such correction shall be made by : and sound merchantable quality and correspond at least to the standard quality for which the interven­ — increasing prices which mention a Member State tion price is fixed, except that the moisture content whose currency has depreciated or a new Member shall not exceed 1 4-5 % and that a maximum of 3 % State, of sprouted grains and 1-5 % of miscellaneous impuri­ — reducing prices which mention a Member State ties shall be allowed . whose currency has been revalued .

The monetary compensatory amount shall , where Article 7 appropriate, be converted into the currency of the Member State in which the invitation to tender is 1 . The Belgian intervention agency shall be respon­ issued using : sible for operations relating to the invitation to tender provided for by this Regulation . — in the case when the currencies concerned are kept at any given moment within a band of 2. It shall forthwith communicate to the Commis­ 2-25 % , a conversion rate resulting from their sion the list of firms which have responded to the invi­ central rate, tation to tender, specifying the terms of each tender, — in the other cases, the average of the spot rates of together with the name and business name of the the currencies concerned recorded in the Member succesful tenderer.

No L 322/24 Official Journal of the European Communities 17. 12. 77

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 intervention agency shall transmit the informa­ State shall be responsible for the operations following tion provided for to the Commission as soon as it is tendering, including payment to the successful received . tenderer. 5. When the intervention agency responsible for In such 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. Furthermore, the amount of the successful tender Article 8 shall be paid after it has been converted using the average of the spot rates referred to in the second As regards this tender the intervention agency is auth­ subparagraph of Article 3 (3) to the tenderer in the orized to make an initial payment of 80 % of the currency of the Member State in which the operations value of the quantity given in the bill of lading, on relating to the tendering are completed. presentation of that document and subject to the 4. The intervention agency shall ask that the taking of a security for an amount equal to the initial tenderer specifies the following information : payment. (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products Article 9 and their packaging ; (b) the date of the departure of the ships ; the This Regulation shall enter into force on the day of its expected date of arrival of the products at their publication in the Official Journal of the European destination ; Communities.

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

Done at Brussels, 16 December 1977.

For the Commission

Finn GUNDELACH Vice-President