31978R1241

10 . 6. 78 Official Journal of the European Communities No L 154/5

COMMISSION REGULATION (EEC) No 1241 /78

of 8 June 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for Caritas

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 Economic Community, Whereas the Dutch intervention agency should be made responsible for organizing the invitation to tender ; 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 Commission must be informed quickly Regulation (EEC) No 11 25/78 (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 25 March 1976 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 exchanges rates to be applied for the purposes of the of Community action, to grant the equivalent of 2 265 common agricultural policy (4), as last amended by tonnes of common wheat (in other words 1 500 Regulation (EEC) No 2543/73 (5), and in particular tonnes of common wheat flour) to Caritas under its Article 3 thereof ; 1975/76 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 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 REGULAT ON :

Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and Article 1 may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 1 . Tenders are hereby invited for the supply to that the tenders are as comparable as possible, account Caritas by way of Community food-aid action , of should be taken of the effect on each tender of the 1 500 tonnes of common wheat flour. currency situation in the Member State in which the customs exports formalities will be completed ; 2. The tendering procedure shall take place in the Whereas the award under the invitation to tender Netherlands in four lots. The product shall be mobi­ lized on the Community market. The product shall be must be made to the tenderer offering the best terms ; loaded for departure from a Community port.

Whereas, should force majeure make it impossible to 3. The invitation to tender provided for in para­ complete the operation in question within the time limits specified, it must be made clear who is to bear graph 1 is for supply of products to the dock, or in the lighter where applicable in one of the ports of the liability for any resulting costs ; unloading listed in the Annex hereto. (!) 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 154/6 10 . 6 . 78 Official Journal of the European Communities

4. The successful tenderer shall deliver the product — in the case when the currencies concerned are specified in paragraph 1 in new jute sacks, lined with kept at any given moment within a band of cotton sacks, of a net capacity of 50 kilograms. 2-25 % , a conversion rate resulting from their central rate, The following shall be printed on the sacks : — in other cases, the average of the spot rates of the ' Farine de Froment / Don de la Communauté écono­ currencies concerned recorded in the Member mique européenne / Pour distribution gratuite à Haïti State in which the invitation to tender is issued — Action Caritas — Port-au-Prince' (lot n0 1 et 4). during a period from the Wednesday of one week ' Farine de Froment / Don de la Communauté écono­ to the Tuesday of the following week being the period immediately preceding the closing date for mique européenne / Pour distribution gratuite à Haïti submission of tenders. — Action de Cathwel — Port-au-Prince' (lot n0 2 et 3). 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 prices and costs, the intervention 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 23 June 1978 .

2. The closing date for the submission of tenders 1 . The tenderer shall give security in an account of shall be 23 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 closing date for the submission of tenders. unsuccessful or are not accepted, — in the case of the successful tenderer, when the Article 3 opeations 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 — 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 : to be supplied to Caritas must meet the following — increasing prices which mention a Member State requirements : whose currency has depreciated or a new Member — moisture : 14 % maximum, State, — protein content : 10-5 % minimum (N x 6-25 on — reducing prices which mention a Member State dry matter), whose currency has been revalued. — ash content : 0-62 % maximum referred to dry The monetary compensatory amount shall, where matter . appropriate, be converted into the currency of the Member State in which the invitation to tender is Flour not meeting these requirements shall be issued using : refused .

10 . 6 . 78 Official Journal of the European Communities No L 154/7

2. Tenders for supply to Caritas of the common currency of the Member State in which the operations wheat flour referred to in Article 1 must relate to a relating to the tendering are completed. product 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 statement giving details of — ash content : 0-62 % maximum referred to dry the quantities loaded, the quality of the products matter. and the type of packing ; (b) the date of the departure of the ships ; the esti­ Article 7 mated date of arrival of the products at their desti­ nation ; 1 . The Dutch intervention agency shall be respon­ sible for operations relating to the invitation to tender (c) all possible contingencies which might occur provided for by this Regulation . during transportation of the products.

The information indicated above shall be forwarded 2 . It shall forthwith communicate to the Commis­ by the intervention to the Commission immediately sion the list of firms which have responded to the invi­ upon receipt. 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 tion agency which appoints the successful tenderer, it 3 . Where the customs export formalities for the shall send as soon as possible to the latter the informa­ mobilized product are completed in a Member State other than that in which the invitation to tender is tion necessary for releasing the security. issued, the intervention agency of the latter Member Article- 8 State shall be responsible for the operations following tendering, including payment to the successful As regards this tender the intervention agency is auth­ tenderer. orized to make an initial payment of 80 % of the In such case, the intervention agency choosing the value of the quantity given in the bill of lading, on successful tenderer shall immediately inform the inter­ presentation of that document and subject to the vention agency of the Member State concerned and taking of a security for an amount equal to the initial shall supply it with all the information which it may payment. require. Article 9 Furthermore, the amount of the successful tender shall be paid after it has been converted using the This Regulation shall enter into force on the day of its average of the spot rates referred to in the second publication in the Official Journal of the European subparagraph of Article 3 (3) to the tenderer in the Communities.

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

Done at Brussels, 8 June 1978 .

For the Commission

Finn GUNDELACH

Vice-President

No L 154/8 10 . 6 . 78 Official Journal of the European Communities

ANNEX

No of lot Port of unloading Tonnage cif Loading period

1 250 1 to 15 . 8 . 1978 2 Port-au-Prince 500 1 to 15 . 8 . 1978 3 (Haiti 500 1 to 15 . 10 . 1978 4 250 1 to 15 . 1 . 1979