31978R1110

27 . 5 . 78 No L 140 / 17 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1110/ 78

of 26 May 1978

opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

THE COMMISSION OF THE EUROPEAN limits specified , it must be made clear who is to bear COMMUNITIES , the liability for any resulting costs ;

Having regard to the Treaty establishing the European Whereas provision should be made for security to be Economic Community, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ tion to tender will be fulfilled ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Whereas the Belgian intervention agency should be made responsible for the tendering procedure ; Regulation (EEC) No 709/78 (2),

Whereas the Commission must be informed quickly Having regard to Council Regulation ( EEC) No of the tenders submitted in response to the invitation 2750/75 of 29 October 1975 laying down the condi­ and of those accepted by the intervention agency ; tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis­ Whereas on 8 February 1977 the Council of the Euro­ aged should be adopted in accordance with the condi­ pean Communities declared that it proposed, by way tions laid down in Article 3 (2) of Council Regulation of Community action , to grant the equivalent of 5 000 No 129 on the value of the unit of account and the tonnes of common wheat (in other words 3 311 exchange rates to be applied for the purposes of the tonnes of common wheat flour) to the World Food common agricultural policy (4), as last amended by Programme under its 1976/77 food-aid programme ; Regulation (EEC) No 2543/73 (5 ), and in particular Article 3 thereof ; Whereas pursuant to Article 3 (3) of Council Regula­ tion ( EEC) No 2750/75 the goods may be purchased Whereas the measures provided for in this Regulation anywhere on the Community market ; are in accordance with the opinion of the Manage­ ment Committee for Cereals , Whereas the proposed invitation to tender should be for supply of the products to the dock or in the lighter where applicable at the port of unloading ;

HAS ADOPTED THIS REGULATION : Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and may relate to products mobilized anywhere within Article 1 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 1 . Tenders are hereby invited for the supply to the should be taken of the effect on each tender of the World Food Programme by way of Community currency situation in the Member State in which the action , of 3 311 tonnes of common wheat flour. customs export formalities will be completed ;

2. The tendering procedure shall take place in Whereas the award under the invitation to tender Belgium in one lot. The product shall be mobilized must be made in favour of the tenderer offering the on the Community market. The products shall be best terms ; loaded for departure from any Community port.

Whereas, should force majeure make it possible to 3 . The invitation to tender provided for in para­ complete the operation in question within the time graph 1 is for supply of products to the dock, or in the lighter where applicable in the port of Haiphong. (>) OJ No L 281 , 1 . 11 . 1975 , p. 1 . (2) OJ No L 94, 8 . 4 . 1978 , p. 9 . (4 ) OJ No 106, .30 . 10 . 1962, p . 2553 / 62 . (3) OJ No L 281 , 1 . 1 1 . 1975, p. 89 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

No L 140 / 18 27 . 5 . 78 Official Journal of the European Communities

4. The successful tenderer shall deliver the 2-25 % , a conversion rate resulting from their products in new cotton sacks of a net capacity of 50 central rate, kilograms . — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member The minimum weight of the sacks shall be 180 grams. State in which the invitation to tender is issued The 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 ' Farine de froment / Don de la Communauté écono­ period immediately preceding the closing date for mique européenne / Action du Programme alimen­ submission of tenders . taire mondial au Viêt-nam '.

Article 4 To allow for the possibility of re-bagging, the successful tenderer shall supply of 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 9 June 1978 . ^

2. The closing date for the submission of tenders 1 . The tenderer shall give security in an amount of shall be 9 June 1978 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 A rticle 3 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 — 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 export 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 applicable on the closing date for submission of tenders to exports from the Member State mentioned in the tender Article 6 pursuant to paragraph 2. 1 . The common wheat flour referred to in Article 1 Such correction shall be made by : must meet the following requirements : — increasing prices which mention a Member State — moisture : 12 % maximum , 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 of the common wheat flour — in the case when the currencies concerned are referred to in Article 1 must relate to a product with kept at any given moment within a band of the following characteristics :

27 . 5 . 78 Official Journal of the European Communities No L 140 / 19

— moisture : 12% maximum , 4 . The intervention agency shall ask that the — protein content : 10-5 % minimum (N x 6-25 on tenderer specifies the following information : dry matter), (a) after shipment, a statement giving details of the — ash content : 0-52 % maximum referred to dry quantities loaded, the quality of the products and matter . their packaging ; (b) the date of the departure of the ships, the expected Article 7 date of arrival of the products at their destination ; 1 . The Belgian intervention agency shall be respon­ (c) all possible contingencies which might occur sible for the operations relating to the invitation to during transportation of the products . tender provided for by this Regulation . The intervention agency shall transmit the informa­ 2 . It shall forthwith communicate to the Commis­ tion provided for to the Commission as soon as it is sion the list of firms which have responded to the invi­ received . tation to tender, specifying the terms of each tender, together with the name and business name of the 5. When the intervention agency responsible for successful tenderer. the operations relating to tendering is not the interven­ 3 . Where the customs export formalities for the tion agency which appoints the successful tenderer, it mobilized product are completed in a Member State shall send as soon as possible to the latter the informa­ other than that in which the invitation to tender is tion necessary for releasing the security. issued, the intervention agency of the latter Member State shall be responsible for the operations following Article 8 tendering, including payment to the successful ten­ derer. As regards this tender the intervention agency is auth­ In such case , the intervention agency choosing the orized to make an initial payment of 80 % of the successful tenderer shall immediately inform the inter­ value of the quantity given in the bill of lading, on vention agency of the Member State concerned and presentation of that document and subject to the shall supply it with all the information which it may taking of a security for an amount equal to the initial require . payment .

Furthermore , the amount of the successful tender shall be paid, after it has been converted using the Article 9 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 Communities. relating to the tendering are completed .

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

Done at Brussels , 26 May 1978 .

For the Commission

Finn GUNDELACH

Vice-President