31978R1662

No L 192/42 15 . 7 . 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1662/78 of 14 July 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Comoros

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, 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 the Treaty establishing the European Economic Community, Whereas the Italian intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure ; 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 1254/78 (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 No 129 on the value of the unit of account and the Whereas on 30 January 1978 the Council of the Euro­ pean Communities declared that it proposed, by way exchange rates to be applied for the purposes of the of Community action, to grant the equivalent of 1 600 common agricultural policy (4), as last amended by tonnes of common wheat (in other words 1 060 Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; tonnes of common wheat flour) to the Comoros under its 1977/78 food-aid programme ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas pursuant to Article 3 (3) of Council Regula­ ment Committee for Cereals, tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas the proposed invitation to tender should be HAS ADOPTED THIS REGULATION : for supply of the products to the dock or in the lighter where applicable at the port of unloading ;

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 . Tenders are hereby invited for the supply to the those Member States ; whereas, in view of the currency Comoros, by way of Community action, of 1 060 situation in the Member States and in order to ensure tonnes of common wheat flour. that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 2. The tendering procedure shall take place in Italy currency situation in the Member State in which the in two lots. The products shall be mobilized on the customs export formalities will be completed ; Community market. The products shall be loaded for departure from a Community port. Whereas the award under the invitation to tender must be made in favour of the tenderer offering the 3 . The invitation to tender provided for in para­ best terms ; graph 1 is for supply of products to the dock, or in the lighter where applicable, at the ports of Whereas, should force majeure make it impossible to unloading : complete the operation in question within the time limits specified, it must be made clear who is to bear — Moroni (500 tonnes), the liability for any resulting costs ; — Mutsamudu (560 tonnes). (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6 . 1978 , p. 1 . O 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 .

15 . 7 . 78 Official Journal of the European Communities No L 192/43

4. The successful tenderer shall deliver the — in the case when the currencies concerned are products in new cotton sacks of a net capacity of 50 kept at any given moment within a band of kilograms. 2-25 % , a conversion rate resulting from their central rate, The minimum weight of the sacks shall be 1 80 grams. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member The following shall be printed on the sacks : State in which the invitation to tender is issued 'Farine de froment / Don de la Communauté écono­ during a period from the Wednesday of one week mique européenne aux Comores'. to the Tuesday of the following week, being the period immediately preceding the closing date for submission of tenders. To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty sacks of the same quality as those containing the Article 4 goods but with the printing followed by a capital letter 'R\ The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ Article 2 ment referred to in Article 3 (3).

1 . The decision on tenders received in response to However, if the tenders submitted do not appear 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 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 to tender was issued . the original export licence duly granted and 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 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 be corrected by the monetary provided in the form of a cash deposit or of a compensatory amount applicable on the closing date guarantee issued by a credit institution conforming to for submission of tenders to exports from the Member criteria laid down by each Member State . State mentioned in the tender to exports from the Member State mentioned in the tender pursuant to Article 6 paragraph 2.

1 . The common wheat flour referred to in Article 1 Such correction shall be made by : to be supplied to the Comoros must meet the — increasing prices which mention a Member State following requirements : whose currency has depreciated or a new Member — moisture : 1 2 % maximum , State, — protein content : 1 0-5 % minimum (N x 6-25 on — reducing prices which mention a Member State dry matter), whose currency has been revalued . — ash content : 0-52 % 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 .

No L 192/44 Official Journal of the European Communities 15 . 7. 78

2. Tenders for supply to the Comoros of the currency of the Member State in which the operations common wheat flour referred to in Article 1 must relating to the tendering are completed. relate to a product with the following characteristics : 4. The intervention agency shall ask that the — moisture : 12% maximum , tenderer specifies the following information : — protein content : 10-5 % minimum (N x 6-25 on (a) after each shipment, a statement giving details of dry matter), the quantities loaded, the quality of the products — ash content : 0-52 % maximum referred to dry and their packaging ; matter . (b) the date of the departure of the ships ; the expected date of arrival of the products at their Article 7 destination ; 1 . The Italian intervention agency shall be respon­ (c) all possible contingencies which might occur sible for the operations relating to the invitation to during transportation of the products. 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 sion the list of firms which have responded to the invi­ received . 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 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 tion necessary for releasing the security. other than that in which the invitation to tender is 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 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 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 Communities. subparagraph of Article 3 (3) to the tenderer in the

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