31978R1204

3 . 6 . 78 Official Journal of the European Communities No L 147/ 15

COMMISSION REGULATION ( EEC) No 1204/78

of 2 June 1978

opening an invitation to tender (or the mobilization of common wheat flour as food aid for the Republic of Sri Lanka

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES , given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender Having regard to the Treaty establishing the European for the supply of goods to the Republic of Sri Lanka ; Economic Community, Whereas the French intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure in ques­ 2727/75 of 29 October 1975 on the common organiza­ tion ; tion of the market in cereals ('), as last amended by Regulation (EEC) No 1 125/78 (2), 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 ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the Monetary Committee will be consulted ; in particular Article 6 thereof, whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Whereas on 30 January 1978 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation pean Communities declared that by way of Commu­ No 129 on the value of the unit of account and the nity action it proposed to grant the Republic of Sri exchange rates to be applied for the purposes of the Lanka the equivalent of 27 000 tonnes of common common agricultural policy (4), as last amended by wheat, in the form of flour, i.e. 17 881 tonnes of Regulation ( EEC) No 2543/73 (5), and in particular common wheat flour, under its 1977/78 food-aid Article 3 thereof ; 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 ;

Whereas tenders may be submitted by tenderers esta­ Article 1 blished in any Member State of the Community and may relate to products mobilized anywhere within 1 . An invitation to tender shall be issued in respect those Member States ; whereas, in view of the currency of the supply of 17 881 tonnes of common wheat situation in the Member States and in order to ensure flour to the Republic of Sri Lanka by way of Commu­ that the tenders are as comparable as possible, account nity food-aid action . should be taken of the effect on each tender of the currency situation in the Member State in which the 2. The tendering procedure shall take place in customs export formalities will be completed ; France in one lot. The product shall be mobilized on Whereas the contract should be awarded to the the Community market. The product shall be loaded for departure from any Community port. tenderer offering the best terms ;

3 . The product referred to in paragraph 1 * is to be Whereas in case it should be impossible for reasons of delivered in new jute sacks with a maximum gross force majeure to complete the operation in question within the set time limits, it must be made clear who weight of 68-058 kilograms (minimum weight of sack being 910 grams) to the port of shipment in the is to bear any costs resulting therefrom ; vicinity of the vessel . The goods must be set down at (■) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 142, 30 . 5 . 1978 , p. 21 . (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 .

No L 147/ 16 3 . 6 . 78 Official Journal of the European Communities

the place nominated by the recipient country or its — in the other cases, the average of the spot rates of agent, the timing of delivery being settled by the the currencies concerned recorded in the Member tenderer and the recipient country's agent. State in which the invitation to tender is issued during a period from the Wednesday of one week 4. The following shall be printed on the sacks : to the Tuesday of the following week being the period immediately preceding the closing date for 'Wheat flour / Gift of the European Economic submission of tenders . Community to Sri Lanka'.

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 Article 5 on 16 June 1978 .

If the tenderer is unable to deliver the goods in 2. The closing date for submission of tenders shall be 16 June 1978 at 12 noon . compliance with Article 1 (3) on the date given in the 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 the original export licence duly granted and 3 . For the purpose of rendering the tenders compar­ endorsed by the competent authorities of the able, the prices shall, where appropriate, be corrected Member State mentioned in the tender pursuant by the monetary compensatory amount applicable on to Article 3 (2), the closing date for submission of tenders to exports from the Member State mentioned in the tender — in the case of the successful tenderer, for quanti­ pursuant to paragraph 2. ties not supplied by reason of force majeure.

Such correction shall be made by : 2. The security required under paragraph 1 may be 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 goods referred to in Article 1 which are to The monetary compensatory amount shall , where be supplied to the Republic of Sri Lanka must meet appropriate, be converted into the currency of the the following requirements : Member State in which the invitation to tender is issued using : — moisture : 14 % maximum , — in the case when the currencies concerned are — protein content : 10-5 % minimum (N x 6-25 on dry matter), kept at any given moment within a band of 2-25 % , a conversion rate resulting from their — ash content : 0-52 % maximum referred to dry central rate , matter .

3 . 6 . 78 Official Journal of the European Communities No L 147 / 17

If the goods referred to in Article 1 do not meet the Furthermore, the amount of the successful tender foregoing requirements they shall be rejected and the shall be paid after it has been converted using the successful tenderer shall be owner thereof. average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the 2. Tenders for supply to the Republic of Sri Lanka currency of the Member State in which the operations of the goods referred to in Article 1 must relate to relating to the tendering are completed. products with the following characteristics : 4. The intervention agency shall request the — moisture : 14 % maximum , successful tenderer to supply the following informa­ — protein content : 10-5 % minimum (N x 6-25 on tion : dry matter), (a) after each shipment, a certificate showing the quan­ — ash content : 0-52 % maximum referred to dry tities dispatched and the quality of the products ; matter . (b) the date of departure of the vessels.

Article 8 The information indicated above shall be forwarded by the intervention agency to the Commission imme­ 1 . The French intervention agency shall be respon­ diately upon receipt. sible for organizing the invitation to tender provided for by this Regulation. 5. When the intervention agency responsible for the operations relating to tendering is not the interven­ 2. It shall forthwith communicate to the Commis­ tion agency which appoints the successful tenderer, it sion the list of firms which have responded to the invi­ shall send as soon as possible to the latter the informa­ tation to tender, specifying the terms of each tender, tion necessary for releasing the security. together with the name and business name of the successful tenderer. Article 9

3 . Where the customs export formalities for the On delivery of the goods at the port of shipment, a mobilized product are completed in a Member State handing-over certificate shall be supplied to the other than that in which the invitation to tender is successful tenderer, acting as agent for the Commu­ issued, the intervention agency of the latter Member nity, by the agent of the recipient country, or, in the State shall be responsible for the operations following absence of the latter, by the intervention agency of the tendering, including payment to the successful Member State in whose territory the port of shipment tenderer. is situated .

In this case, the intervention agency choosing the Article 10 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and This Regulation shall enter into force on the day of its shall supply it with all the information which it may publication in the Official Journal of the European require. Communities.

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

Done at Brussels, 2 June 1978 .

For the Commission

Finn GUNDELACH

Vice-President