31978R1659

15 . 7 . 78 No L 192/ 33 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1659/78 of 14 July 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Republic of Tanzania

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 the supply of goods to Tanzania ; Having regard to the Treaty establishing the European Economic Community, Whereas the Belgian intervention agency should be Having regard to Council Regulation (EEC) No made responsible for organizing the invitation to tender ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Regulation (EEC) No 1 254/78 (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 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 by way of Commu­ tions laid down in Article 3 (2) of Council Regulation nity action it proposed to grant to Tanzania the equiva­ No 129 on the value of the unit of account and the lent of 5 000 tonnes of common wheat in the form of exchange rates to be applied for the purposes of the flour, in other words 3 311 tonnes of common wheat common agricultural policy (4), as last amended by flour, under its 1977/78 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 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 nated by the recipient or its agent ; HAS ADOPTED THIS REGULATION : 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 . An invitation to tender shall be issued in respect that the tenders are as comparable as possible, account of the supply of 3 31 1 tonnes of common wheat flour should be taken of the effect on each tender of the to the United Republic of Tanzania by way of currency situation in the Member State in which the Community food-aid action. customs export formalities will be completed ; 2. The tendering procedure shall take place in the Whereas the contract should be awarded to the Kingdom of Belgium and shall be in respect of a tenderer who makes the best offer ; single lot.

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 . (-) OJ No L 156, 14 . 6 . 1978 , p. 1 . (4) OJ No 106, 30 . 10. 1962, p. 2553/62. (•') OJ No L 281 , 1 . 11 . 1975, p. 89 . (s) OJ No L 263, 19 . 9. 1973, p. 1 .

No L 192/34 15 . 7 . 78 Official Journal of the European Communities

5. The product referred to in paragraph 1 is to be — in the case when the currencies concerned are delivered in new jute sacks of a net capacity of 50 kilo­ kept at any given moment within a band of grams to the port of shipment in the vicinity of the 2-25 % , a conversion rate resulting from their vessel . The goods must be set down at the place nomi­ central rate, nated by the recipient country or its agent, the timing — in the other cases, the average of the spot rates of of delivery being settled by the tenderer and the recip­ the currencies concerned recorded in the Member ient country's agent. State in which the invitation to tender is issued during a period from the Wednesday of one week Minimum weight of sacks shall be 600 grams. to the Tuesday of the following week being the period immediately preceding the closing date for Th^ following shall be printed on the sacks : submission of tenders . 'Wheat flour / Gift of the European Economic Community to Tanzania'. 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 reflect normal market prices and costs, the interven­ Article 2 tion agency may cancel the invitation to tender. 1 . The award of the contract shall take place on 28 July 1978 . Article 5 2. The closing date for submission of tenders shall be 28 July 1978 at 12 noon . 1 . The tenderer shall give security in an amount of 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 Communities not less than nine days before the — in the case of all tenderers whose tenders are closing date for submission of tenders. unsuccessful or are not accepted, — in the case of the successful tenderer, when the Article 3 operations 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 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 paragraph 2 . Article 6

Such correction shall be made by : 1 . The goods referred to in Article 1 which are to be supplied to the United Republic of Tanzania must — increasing prices which mention a Member State meet the following requirements : whose currency has depreciated or a new Member State, common ivheat flour : — reducing prices which mention a Member State whose currency has been revalued . — moisture content : 1 5 % maximum , — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ The monetary compenstory shall, where appropriate, lated on the dry matter), be converted into the currency of the Member State in which the invitation to tender is issued using : — ash content : 0-52 % maximum on the dry matter.

15 . 7 . 78 No L 192/ 35 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 United Republic of currency of the Member State in which the operations Tanzania of the goods referred to in Article 1 must relating to the tendering are completed. relate 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 : 0-52 % 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 Belgian 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 sary for releasing the security. tation to tender, specifying the terms of each tender, together with the name and 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 ten­ Member State in whose territory the port of shipment derer. 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, 14 July 1978 . For the Commission Finn GUNDELACH Vice-President