31978R1800

29 . 7 . 78 No L 205/ 55 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1800/78 of 28 July 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of Ghana

THE COMMISSION OF THE EUROPEAN majeure the operation in question is not completed COMMUNITIES , within the time stipulated ;

Having regard to the Treaty establishing the European Whereas provision should be made for security to be Economic Community, given to guarantee fulfilment of obligations arising by virtue of participation in the invitation to tender ; Having regard to Council Regulation (EEC) No Whereas the Belgian intervention agency should be 2727/75 of 29 October 1975 on the common organiza­ made responsible for organizing the invitation to tion of the market in cereals ( {), as last amended by tender ; Regulation (EEC) No 1 254/78 (2),

Whereas it is important that the Commission be Having regard to Council Regulation (EEC) No informed without delay of the tenders submitted in 2750/75 of 29 October 1975 laying down the condi­ response to the invitation and of those accepted by tions for the mobilization of cereals as food aid (3), and the intervention agency ; in particular Article 6 thereof,

Whereas the Monetary Committee will be consulted ; Whereas on 30 January 1978 the Council of the Euro­ whereas, in view of the urgency, the measures envis­ pean Communities declared that by way of Commu­ aged should be adopted in accordance with the condi­ nity action it proposed to grant the Republic of tions laid down in Article 3 (2) of Council Regulation Ghana the equivalent of 12 500 tonnes of common No 129 on the value of the unit of account and the wheat, in the form of flour, i.e. 8 278 tonnes of exchange rates to to be applied for the purposes of the common wheat flour, under its 1977/78 food-aid common agricultural policy (4), as last amended by 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 HAS ADOPTED THIS REGULATION : nated by the recipient or its agent ;

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 . An invitation to tender shall be issued in respect situation in the Member States and in order to ensure of the supply of 8 278 tonnes of common wheat flour that the tenders are as comparable as possible, account to the Republic of Ghana by way of Community food­ should be taken of the effect on each tender of the 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 the Kingdom of Belgium and shall be in respect of a Whereas the contract should be awarded to the single lot. tenderer who makes the best offer ; 3. The goods shall be mobilized on the Commu­ nity market. Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force 4. Shipment shall be from Antwerp. (») 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 205/ 56 29 . 7 . 78 Official Journal of the European Communities

5. The product referred to in paragraph 1 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 Minimum weight of sacks : 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 Ghana'. 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 1 1 tion agency may cancel the invitation to tender. August 1978 .

2. The closing date for submission of tenders shall Article 5 be 11 August 1978 at 12 noon .

3 . The notice of invitation to tender shall be 1 . The tenderer shall give security in an amount of 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 submission of tenders. — in the case of all tenderers whose tenders are Article 3 unsuccessful or are not accepted, — 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 quanti­ export formalities for the products concerned. ties 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 pursuant to paragraph 2 . Article 6 Such correction shall be made by : — increasing prices which mention a Member State 1 . The goods referred to in Article 1 which are to whose currency has depreciated or a new Member be supplied to the Republic of Ghana must meet the State, following requirements : — 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 : 0-52 % maximum on the dry matter.

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If the goods referred to in Article 1 do not meet the average of the spot rates referred to in the second foregoing requirements they shall be rejected and the subparagraph of Article 3 (3) to the tenderer in the successful tenderer shall be owner thereof. currency of the Member State in which the operations relating to the tendering are completed. 2. Tenders for supply to the Republic of Ghana of the goods referred to in Article 1 must relate to 4. The intervention agency shall request the products with the following characteristics : successful tenderer to supply the following informa­ — moisture content : 15% 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 vesssels.

Article 7 The information indicated above shall be forwarded 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 provided for by this Regulation. 5. When the agency responsible for the operations 2. It shall forthwith communicate to the Commis­ relating to tendering is not the intervention agency 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 and business name of the successful tenderer. Article 8 3. Where the customs export formalities for the mobilized product are completed in a Member State other than that in which the invitation to tender is On delivery of the goods at the port of shipment, a handing-over certificate shall be supplied to the issued, the intervention agency of the latter Member successful tenderer, acting as agent for the Commu­ State shall be responsible for the operations following nity, by the agent of the recipient country or, in the tendering, including payment to the successful tenderer. absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment In such case, the intervention agency choosing the is situated . successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and , Article 9 shall supply it with all the information which it may require. This Regulation shall enter into force on the day of its Furthermore, the amount of the successful tender publication in the Official Journal of the European Communities. shall be paid after it has been converted using the

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

Done at Brussels, 28 July 1978 .

For the Commission

Finn GUNDELACH

Vice-President