31978R0155

No L 23/24 28 . 1 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 155 /78

of 27 January 1978

opening an invitation to tender for the mobilization of common wheat flour as aid for the Arab Republic of Syria

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ tion to tender for supplies to the Arab Republic of Having regard to the Treaty establishing the European Economic Community, Syria will be fulfilled ;

Whereas the Italian intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( !), as last amended by Whereas the Commission must be informed quickly Regulation (EEC) No 2560/77(2), of the tenders submitted in response to the invitation and of those accepted 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 8 February 1977 the Council of the Euro­ No 129 on the value of the unit of account and the pean Communities declared that it proposed, by way exchange rates to be applied for the purposes of the of Community action, to grant the equivalent of 5 000 common agricultural policy (4), as last amended by tonnes of common wheat (in other words, 3 311 Regulation (EEC) No 2543/73 (5), and in particular tonnes of common wheat flour) to the Arab Republic Article 3 thereof ; of Syria 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 tion (EEC) No 2750/75 the goods may be purchased ment Committee for Cereals, anywhere on the Community market ;

Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of HAS ADOPTED THIS REGULATION : the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ; Article 1 Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 1 . An invitation to tender shall be issued in respect may relate to products mobilized anywhere within of the supply of 3 311 tonnes of common wheat flour those Member States ; whereas, in view of the currency to the Arab Republic of Syria by way of Community situation in the Member States and in order to ensure food-aid action . 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 Italy currency situation in the Member State in which the in one lot. The product shall be mobilized on the customs export formalities will be completed ; Community market. The product shall be loaded for departure from any Mediterranean Community port. Whereas the contract should be awarded to the tenderer offering the best terms ; 3 . The product referred to in paragraph 1 is to be delivered in new cotton sacks of a net capacity of 50 kilograms to the port of shipment in the vicinity of Whereas in case it should be impossible for reasons of the vessel . The goods must be set down at the place force majeure to complete the operation in question within the set time limits, it must be made clear who nominated by the recipient country or its agent, the timing of delivery being settled by the tenderer and is to bear any costs resulting therefrom ; the recipient country's agent. ( 1 ) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 303, 28 . 11 . 1977, p. 1 . (4) 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 .

28 . 1 . 78 Official Journal of the European Communities No L 23/25

Minimum weight of the sacks shall be 180 grams. during a period from the Wednesday of one week to the Tuesday of the following week being the 4. The following shall be printed on the sacks : period immediately preceding the closing date for 'Wheat flour / Gift of the European Economic submission of tenders . Community to Syria.'

Article 4 To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty The contract shall be awarded to the tenderer offering sacks, of the same quality as those containing the the best terms taking into consideration the adjust­ goods but with the printing followed by a capital ment referred to in Article 3 (3). letter 'R\ 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 Article 5 on 10 February 1978 . If the tenderer is unable to deliver the goods in 2. The closing date for submission of tenders shall compliance with Article 1 (3) on the date given in the be 10 February 1978 at noon . notice of invitation to tender as a result of the late 3 . The notice of invitation to tender shall be availability of the vessels to be used for sea transporta­ published in the Official Journal of the European tion, the resulting costs shall be borne by the interven­ Communities not less than nine days before the tion agency. closing date for submission of tenders. Article 6 Article 3 1 . The tenderer shall give security of a value of 10 1 . The prices offered must be expressed in the units of account per tonne of goods. currency of the Member State in which the invitation It shall be released : to tender was issued . — in the case of all tenderers whose tenders are 2. Tenders must in particular mention the Member unsuccessful or are not accepted, State in which the tenderer, in the event of his being — in the case of the successful tenderer, when the declared successful, expects to complete the customs operations concerned have been carried out within export formalities for the products concerned. the prescribed time limit and on submission of 3. For the purpose of rendering the tenders compar­ the original export licence duly granted and able, the prices shall, where appropriate, be corrected endorsed by the competent authorities of the by the monetary compensatory amount and the acces­ Member State mentioned in the tender pursuant sion compensatory amount applicable on the closing to Article 3 (2), date for submission of tenders to exports from the — in the case of the successful tenderer for quantities Member State mentioned in the tender pursuant to not supplied by reason of force majeure. paragraph 2. 2. The security required under paragraph 1 may be Such correction shall be made by : provided in the form of a cash deposit or of a — increasing prices which mention a Member State guarantee issued by a credit institution conforming to whose currency has depreciated or a new Member criteria laid down by each Member State . State, — reducing prices which mention a Member State Article 7 whose currency has been revalued. 1 . The common wheat flour referred to in Article 1 The monetary compensatory amount shall, where to be supplied to the Arab Republic of Syria must appropriate, be converted into the currency of the meet the following requirements : Member State in which the invitation to tender is — moisture : 14 % maximum , issued using : — protein content : 10-5 % minimum (N x 6-25 on — in the case when the currencies concerned are dry matter), kept at any given moment within a band of — ash content : 0-52 % maximum referred to dry 2-25 % a conversion rate resulting from their matter . central rate, — in the other cases, the average of the spot rates of If the goods referred to in Article 1 do not meet the the currencies concerned recorded in the Member foregoing requirements they shall be rejected and the State in which the invitation to tender is issued successful tenderer shall be owner thereof.

No L 23 / 26 28 . 1 . 78 Official Journal of the European Communities

2. Tenders for supply to the Arab Republic of Syria average of the spot rates referred to in the second of the common wheat flour referred to in Article 1 subparagraph of Article 3 (3) to the tenderer in the must relate to a product with the following characteris­ currency of the Member State in which the operations tics : relating to the tendering are completed.

— moisture : 14 % maximum , 4. The intervention agency shall request the — protein content : 10-5 % minimum (N x 6-25 on successful tenderer to supply the following informa­ dry matter), tion : — ash content : 0-52 % maximum referred to dry (a) after each shipment a certificate showing the quan­ matter . tities dispatched and the quality of the products ; (b) the date of departure of the vessels . Article 8 The information indicated above shall be forwarded 1 . The Italian intervention agency shall be respon­ by the intervention agency to the Commission imme­ sible for the operations relating to the invitation to diately upon receipt. tender provided for by this Regulation . 5. When the intervention agency responsible for 2 . It shall forthwith communicate to the Commis­ the operations relating to tendering is not the interven­ sion the list of firms which have responded to the invi­ tion agency which appoints the successful tenderer, it tation to tender, specifying the terms of each tender, shall send as soon as possible to the latter the informa­ together with the name and business name of the tion necessary for releasing the security. successful tenderer.

3 . Where the customs export formalities for the Article 9 mobilized product are competed in a Member State other than that in which the invitation to tender is On delivery of the goods at the port of shipment, a issued, the intervention agency of the latter Member handing-over certificate shall be supplied to the State shall be responsible for the operations following successful tenderer, acting as agent for the Commu­ tendering, including payment to the successful nity, by the agent of the recipient country, or in the tenderer. absence of the latter by the intervention agency of the Member State in whose territory the port of shipment In this case, the intervention agency choosing the is situated . successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and Article 10 shall supply it with all the information which it may require . This Regulation shall enter into force on the day of its Furthermore, the amount of the successful tender publication in the Official Journal of the European Communities. shall be paid after it has been converted using the

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

Done at Brussels, 27 January 1978 . For the Commission

Finn GUNDELACH

Vice-President