31978R1657

15 . 7 . 78 No L 192/27 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1657 / 78 of 14 July 1978 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Sao Tome and Principe

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

Whereas provision should be made for security to be Having regard to the Treaty establishing the European 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 Whereas the Italian intervention agency should be tion of the market in cereals ('), as last amended by made responsible for the tendering procedure ; Regulation (EEC) No 1 254/78 (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 30 January 1978 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 602 No 129 on the value of the unit of account and the tonnes of common wheat (in other words 400 tonnes exchange rates to be applied for the purposes of the of common wheat flour) to the Democratic Republic common agricultural policy (4), as last amended by of Sao Tome and Principe under its 1977/78 food-aid Regulation (EEC) No 2543/73 (5), and in particular programme ; 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 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 Article 1 blished in any Member State of the Community and may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 1 . Tenders are hereby invited for the supply to the situation in the Member States and in order to ensure Democratic Republic of Sao Tome and Principe, by that the tenders are as comparable as possible, account way of Community action , of 400 tonnes of common should be taken of the effect on each tender of the wheat flour . currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in Italy in one lot . The product shall be mobilized on the Whereas the award under the invitation to tender Community market . The products shall be loaded for must be made in favour of the tenderer offering the departure from a Community port. best terms ; 3 . The invitation to tender provided for in (para­ graph 1 is for supply of products to the dock or in the Whereas, should force majeure make it impossible to complete the operation in question within the time lighter where applicable at the port of unloading (Sao Tome). (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6 . 1978 , 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 .

No L 192 / 28 Official Journal of the European Communities 15 . 7 . 78

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 ' Farinha — Dom da Comunidade economica europeia period immediately preceding the closing date for a Republica democratica de São Tomé e Principe'. 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 1 . The decision on tenders received in response to reflect normal market prices and costs, the interven­ the invitation provided for in Article 1 shall be taken tion agency may cancel the invitation to tender. on 28 July 1978 .

2. The closing date for the submission of tenders Article 5 shall be 28 July 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 Communities not less than nine days before the It shall be released : closing date for the 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 1 . The prices offered must be expressed in the operations concerned have been carried out within currency of the Member State in which the invitation the prescribed time limit and on submission of to tender was issued . the original export licence duly granted and endorsed by the competent authorities of the 2. Tenders must in particular mention the Member Member State mentioned in the tender pursuant State in which the tenderer, in the event of his being to Article 3 (2), declared successful , expects to complete the customs — in the case of the successful tenderer for quantities export formalities for the products concerned. not supplied by reason of force majeure. 3 . For the purpose of rendering the tenders compar­ 2. The security required under paragraph 1 may be able, the prices shall, where appropriate, be corrected provided in the form of a cash deposit or of a by the monetary compensatory amount applicable on guarantee issued by a credit institution conforming to the closing date for submission of tenders to exports from the Member State mentioned in the tender criteria laid down by each Member State . pursuant to paragraph s.

Article6¶

— increasing prices which mention a Member State 1 . The common wheat flour referred to in Article 1 whose currency has depreciated or a new Member to be supplied to Sao Tome and Principe must meet State , the following requirements : — reducing prices which mention a Member State — moisture : 12 % maximum , whose currency has been revalued . — protein content : 10.5 % minimum (N x 6.25 on The monetary compensatory amount shall , where dry matter), appropriate, be converted into the currency of the — ash content : 0.52 % maximum referred to dry Member State in which the invitation to tender is matter. issued using :

— in the case when the currencies concerned are Flour not meeting these requirements shall be refused . kept at any given moment within a band of

15 . 7 . 78 Official Journal of the European Communities No L 192/ 29

2. Tenders for supply to Sao Tome and Principe of subparagraph of Article 3 (3) to the tenderer in the the common wheat flour referred to in Article 1 must currency of the Member State in which the operations relate to a product with the following characteristics : relating to the tendering are completed . — moisture : 1 2 % 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 each shipment, a statement giving details of — ash content : 0-52 % maximum referred to dry the quantities loaded, the quality of the products matter . and their packaging ; (b) the date of the departure of the ship ; the expected Article 7 date of arrival of the products at their destination ; (c) all possible contingencies which might occur 1 . The Italian intervention agency shall be respon­ during transportation of the products. sible for the operations relating to the invitation to 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 received . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, 5. When the intervention agency responsible for together with the name and business name of the the operations relating to tendering is not the interven­ successful tenderer. tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ 3 . Where the customs export formalities for the tion necessary for releasing the security. mobilized product are completed in a Member State other than that in which the invitation to tender is Article 8 issued, the intervention agency of the latter Member State shall be responsible for the operations following As regards this tender the intervention agency is auth­ tendering, including payment to the successful orized to make an initial payment of 80 % of the tenderer. value of the quantity given in the bill of lading, on In such case, the intervention agency choosing the presentation of that document and subject to the successful tenderer shall immediately inform the inter­ taking of a security for an amount equal to the initial vention agency of the Member State concerned and payment. shall supply it with all the information which it may Article 9 require.

Furthermore, the amount of the successful tender This Regulation shall enter into force on the day of its shall be paid after it has been converted using the publication in the Official Journal of the European average of the spot rates referred to in the second Communities.

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

Done at Brussels, 14 July 1978 .

For the Commission

Finn GUNDELACH Vice-President