31978R2169

No L 254/ 18 Official Journal of the European Communities 16 . 9 . 78

COMMISSION REGULATION ( EEC) No 2169/78

of 15 September 1978

opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Zambia

THE COMMISSION OF THE EUROPEAN Whereas the French intervention agency should be COMMUNITIES, made responsible for the tendering procedure in ques­ tion ; Having regard to the Treaty establishing the European Economic Community, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation - (EEC) No and of those accepted by the intervention agency ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( !), as last amended by Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis­ Regulation (EEC) No 1254/78 (2), aged should be adopted in accordance with the condi­ Having regard to Council Regulation (EEC) No tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and exchange rates to be applied for the purposes of the in particular Article 6 thereof, common agricultural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Whereas on 30 January 1978 the Council of the Euro­ Article 3 thereof ; pean Communities declared that by way of Commu­ nity action it proposed to grant the Republic of Whereas the measures provided for in this Regulation Zambia 6 000 tonnes of common wheat under the are in accordance with the opinion of the Manage­ ment Committee for Cereals, 1977/78 food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased HAS ADOPTED THIS REGULATION : anywhere on the Community market ;

Article 1 Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of 1 . Tenders are hereby invited for the supply, by the vessel, the goods to be set down at the place nomi­ way of Community food-aid action, to the Republic of nated by the recipient or its agent ; Zambia of 6 000 tonnes of common wheat. Whereas tenders may be submitted by tenderers esta­ 2. The tendering procedure shall take place in the blished in any Member State of the Community and Republic of France in one lot. may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 3. The product shall be mobilized on the Commu­ situation in the Member States and in order to ensure nity market. that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 4. Loading shall be carried out in a Community currency situation in the Member State in which the port which has regular services to Dar es Salaam . customs export formalities will be completed ; 5. The product referred to in paragraph 1 is to be Whereas the contract should be awarded to the delivered in new jute sacks of a net capacity of 50 kilo­ tenderer offering the best terms ; grams to the port of shipment in the vicinity of the vessel. The goods must be set down at the place nomi­ Whereas in case it should be impossible for reasons of nated by the recipient country or its agent, the timing force majeure to complete the operation in question of delivery being settled by the tenderer and the recip­ within the set time limits, it must be made clear who ient country's agent. is to bear any costs resulting therefrom ; Minimum weight of the sacks shall be 600 grams . The Whereas provision should be made for security to be following shall be printed on the sacks : given to guarantee fulfilment of the obligations arising 'Wheat / Gift of the European Economic Community by virtue of participation in the invitation to tender ; to Zambia'. (•) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6 . 1978 , p. 1 . (<) 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 .

16 . 9 . 78 Official Journal of the European Communities No L 254/ 19

To allow for the possibility of re-bagging the to the Tuesday of the following week being the successful tenderer shall supply 2 % of new empty period immediately preceding the closing date for sacks, of the same quality as those containing the submission of tenders . goods but with the printing followed by a capital letter ' R'. A rticle 4

Article 2 The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ 1 . The decision on tenders received in response to ment referred to in Article 3 (3). the invitation provided for in Article 1 shall be taken on 29 September 1978 . However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 2. The closing date for submission of tenders shall tion agency may cancel the invitation to tender. t be 29 September 1978 at noon .

3 . The notice of invitation to tender shall be Article 5 published in the Official Journal of the European Communities not less than nine days before the If the tenderer is unable to deliver the goods in closing date for submission of tenders. compliance with Article 1 (3) on the date given in the notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ Article 3 tion, the resulting costs shall be borne by the interven­ tion agency. 1 . The prices offered must be expressed in the currency of the Member State in which the invitation Article 6 to tender was issued .

1 . The tenderer shall give security of a value of five 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being units of account per tonne of goods. declared successful, expects to complete the customs It shall be released : export formalities for the products concerned.

— in the case of all tenderers whose tenders are 3 . For the purpose of rendering the tenders compar­ unsuccessful or are not accepted, able, the prices shall be corrected by the monetary — in the case of the successful tenderer, when the compensatory amount applicable on the closing date for submission of tenders to exports from the Member operations concerned have been carried out within State mentioned in the tender pursuant to paragraph the prescribed time limit and on submission of 2 . the original export licence duly granted and endorsed by the competent authorities of the Such correction shall be made by : Member State mentioned in the tender pursuant to Article 3 (2), — increasing prices which mention a Member State — in the case of the successful tenderer for quantities whose currency has depreciated or a new Member not supplied by reason of force majeure. State,

— reducing prices which mention a Member State 2. The security required under paragraph 1 may be whose currency has been revalued. provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to The monetary compensatory amount shall, where criteria laid down by each Member State. appropriate, be converted into the currency of the Member State in which the invitation to tender is issued using : Article 7

— in the case when the currencies concerned are The common wheat referred to in Article 1 to be kept at any given moment within a band of supplied to the Republic of Zambia must be of fair 2-25 % , a conversion rate resulting from their and sound merchantable quality and correspond at central rate , least to the standard quality for which the interven­ — in the other cases, the average of the spot rates of tion price is fixed, except that the humidity shall not the currencies concerned recorded in the Member exceed 1 5-5 % and that a maximum tolerance of 3 % State in which the invitation to tender is issued of sprouted grains and 1 -5 % of miscellaneous impuri­ ties shall be allowed . during a period from the Wednesday of one week

No L 254/20 Official Journal of the European Communities 16 . 9 . 78

Article 8 4. The intervention agency shall request the successful tenderer to supply the following informa­ 1 . The French intervention agency shall be respon­ tion : sible for organizing the invitation to tender provided (a) after each shipment a certificate showing the quan­ for by this Regulation. tities dispatched and the quality of the products ; 2. It shall forthwith communicate to the Commis­ (b) the date of departure of the vessels. sion the list of firms which have responded to the invi­ The information indicated above shall be forwarded tation to tender, specifying the terms of each tender, by the intervention agency to the Commission imme­ together with the name and business name of the successful tenderer. diately upon receipt.

5. When the intervention agency responsible for 3. Where the customs export formalities for the the operations relating to tendering is not the interven­ mobilized product are completed in a Member State other than that in which the invitation to tender is tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ issued, the intervention agency of the latter Member tion necessary for releasing the security. State shall be responsible for the operations following tendering, including payment to the successful Article 9 tenderer. On delivery of the goods at the port of shipment, a In this case, the intervention agency choosing the handing-over certificate shall be supplied to the successful tenderer shall immediately inform the inter­ successful tenderer, acting as agent for the Commu­ vention agency of the Member State concerned and nity, by the agent of the recipient country, or, in the shall supply it with all the information which it may absence of the latter, by the intervention agency of the require . Member State in whose territory the port of shipment is situated . Furthermore, the amount of the successful tender shall be paid after it has been converted using the Article 10 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the This Regulation shall enter into force on the day of its currency of the Member State in which the operations publication in the Official Journal of the European relating to the tendering are completed. Communities.

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

Done at Brussels, 15 September 1978 .

For the Commission

Finn GUNDELACH

Vice-President