31978R1248

13 . 6 . 78 Official Journal of the European Communities No L 155 / 5

COMMISSION REGULATION ( EEC) No 1248 /78 of 9 June 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Arab Republic of Egypt

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of obligations arising by virtue of participation in the invitation to tender for Having regard to the Treaty establishing the European the supply of goods to the Arab Republic of Egypt ; Economic Community, Whereas the French intervention agency should be Having regard to Council Regulation (EEC) No made responsible for organizing the invitation to 2727/75 of 29 October 1975 on the common organiza­ tender ; tion of the market in cereals ('), as last amended by Regulation (EEC) No 11 25/78 (2), Whereas it is important that the Commission be informed without delay of the tenders submitted in ' Having regard to Council Regulation (EEC) No response to the invitation and of those accepted by 2750/75 of 29 October 1975 laying down the condi­ the intervention agency ; tions fdr 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 and 30 January 1978 the aged should be adopted in accordance with the condi­ Council of the European Communities declared that tions laid down in Article 3 (2) of Council Regulation by way of Community action it proposed to grant the No 129 on the value of the unit of account and the Arab Republic of Egypt the equivalent of 115 000 exchange rates to be applied for the purposes of the tonnes of common wheat, in the form of flour, i.e. common agricultural policy (4), as last amended by 82 800 tonnes of common wheat flour, under its Regulation ( EEC) No 2543/73 (5), and in particular 1976/77 and 1977/78 food-aid programmes ; Article 3 thereof ;

Whereas pursuant to Article 3 (3) of Council Regula­ Whereas the measures provided for in this Regulation tion (EEC) No 2750/75 the goods may be purchased are in accordance with the opinion of the Manage­ anywhere on the Community market ; ment Committee for Cereals,

Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ HAS ADOPTED THIS REGULATION : nated by the recipient or its agent ;

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 1 . An invitation to tender shall be issued in respect situation in the Member States and in order to ensure of the supply of 82 800 tonnes of common wheat that the tenders are as comparable as possible, account flour to the Arab Republic of Egypt by way of should be taken of the effect on each tender of the Community food-aid action . currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in France and shall be in respect of seven lots of 10 000 Whereas the contract should be awarded to the tonnes (lots 1 to 7) and one lot of 12 800 tonnes (lot tenderer who makes the best offer ; 8).

Whereas it must be made clear who is to bear any 3 . The goods shall be mobilized on the Commu­ costs which arise in the event that for reasons of force nity market. majeure the operation in question is not completed within the time stipulated ; 4. Shipment shall be from a Community port. (!) 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 155/6 Official Journal of the European Communities 13 . 6 . 78

5. The product referred to in paragraph 1 is to be Member State in which the invitation to tender is delivered in new jute sacks of a net capacity of 50 kilo­ issued using : grams to the port of shipment in the vicinity of the — in the case when the currencies concerned are vessel . The goods must be set down at the place nomi­ kept at any given moment within a band of nated by the recipient country or its agent, the timing 2-25 % , a conversion rate resulting from their of delivery being settled by the tenderer and the recip­ central rate, ient country's agent. — 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 600 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 'Wheat flour / Gift of the European Economic period immediately preceding the closing date for Community to Egypt.' submission of tenders . To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty Article 4 sacks, of the same quality as those containing the goods but with the printing followed by a capital The contract shall be awarded to the tenderer offering letter ' R '. the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3).

Article 2 However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 1 . The award of the contract shall take place on 23 tion agency may cancel the invitation to tender. June 1978 .

2. The closing date for submission of tenders shall A rticle 5 be 23 June 1978 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be 10 units of account per tonne of goods. published in the Official Journal of the European It shall be released : Communities not less than seven days before the closing date for submission of tenders. — in the case of all tenderers whose tenders are unsuccessful or are not accepted , Article 3 — in the case of the successful tenderer, when the operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation the original export licence duly granted and to tender was issued . endorsed by the competent authorities of the Member State mentioned in the tender pursuant 2. Tenders must in particular mention the Member to Article 3 (2), 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 be corrected by the monetary guarantee issued by a credit institution conforming to compensatory amount applicable on the closing date criteria laid down by each Member State. for submission of tenders to exports from the Member State mentioned in the tender pursuant to para­ graph 2. Article 6

Such correction shall be made by : 1 . The goods referred to in Article 1 which are to be supplied to the Arab Republic of Egypt must meet — increasing prices which mention a Member State the following requirements : whose currency has depreciated or a new Member State, common wheat flour : — reducing prices which mention a Member State — moisture content : 1 5 % maximum , whose currency has been revalued . — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ lated on the dry matter), The monetary compensatory amount shall , where appropriate, be converted into the currency of the — ash content : 0-62 % maximum on the dry matter.

13 . 6 . 78 No L 155/7 Official Journal of the European Communities

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 Arab Republic of currency of the Member State in which the operations Egypt of the goods referred to in Article 1 must relate relating to the tendering are completed . to products with the following characteristics : 4 . The intervention agency shall request the common wheat flour : successful tenderer to supply the following informa­ — moisture content : 1 5 % maximum , tion : — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ (a) after each shipment a certificate showing the quan­ lated on the dry matter), tities dispatched and the quality of the products ; — ash content : 0-62 % maximum on the dry matter. (b) the date of departure of the vessels.

The information indicated above shall be forwarded Article 7 by the intervention agency to the Commission imme­ 1 . The French intervention agency shall be respon­ diately upon receipt. sible for operations relating to the invitation to tender 5. When the agency responsible for the operations provided for by this Regulation . relating to tendering is not the intervention agency 2 . It shall forthwith communicate to the Commis­ which appoints the successful tenderer, it shall send as sion the list of firms which have responded to the invi­ soon as possible to the latter the information neces­ tation to tender, specifying the terms of each tender, sary for releasing the security. together with the name arid business name of the successful tenderer. Article 8

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 such case, the intervention agency choosing the Article 9 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 Communities. require .

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

Done at Brussels, 9 June 1978 .

For the Commission

Finn GUNDELACH

Vice-President