31978R2170

16 . 9 . 78 Official Journal of the European Communities No L 254/21

COMMISSION REGULATION (EEC) No 2170/78 of 15 September 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Central African Empire

THE COMMISSION OF THE EUROPEAN by virtue of participation in the invitation to tender COMMUNITIES, for the supply of goods to the Central African Empire ; Having regard to the Treaty establishing the European Economic Community, Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ Having regard to Council Regulation (EEC) No tion ; 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 Whereas on 8 February 1978 the Council of the Euro­ No 129 on the value of the unit of account and the pean Communities declared that by way of Commu­ exchange rates to be applied for the purposes of the nity action it proposed to grant the Republic of Sri common agricultural, policy (4), as last amended by Lanka the equivalent of 1 000 tonnes of common Regulation (EEC) No 2543/73 (5), and in particular wheat, in the form of flour, i.e. 662 tonnes of common Article 3 thereof ; wheat flour, under its 1976/77 food-aid programme ;

Whereas the measures provided for in this Regulation Whereas pursuant to Article 3 (3) of Council Regula­ are in accordance with the opinion of the Manage­ tion (EEC) No 2750/75 the goods may be purchased ment Committee for Cereals, anywhere on the Community market ;

Whereas the proposed invitation to tender should be for supply of the products delivered to Bangui ; HAS ADOPTED THIS REGULATION : Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and may relate to products mobilized anywhere within Article 1 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 662 tonnes of common wheat flour to should be taken of the effect on each tender of the the Central African Empire by way of Community currency situation in the Member State in which the food-aid action . customs export formalities will be completed ;

2. The tendering procedure shall take place in Whereas the contract should be awarded to the France in one lot. The product shall be mobilized on tenderer offering the best terms ; the Community market. The product shall be loaded for departure from any Community port. Whereas in case it should be impossible for reasons of force majeure to complete the operation in question within the set time limits, it must be made clear who 3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered to Bangui . is to bear any costs resulting therefrom ;

Whereas provision should be made for security to be 4. The product shall be delivered in new jute sacks of 50 kilograms net weight lined with sacks of six-ply given to guarantee fulfilment of the obligations arising Clupak paper. (!) 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 254/ 22 Official Journal of the European Communities 16 . 9 . 78

5. The following shall be printed on the sacks : to the Tuesday of the following week being the period immediately preceding the closing date for ' Farine de froment — Don de la Communauté écono­ submission of tenders . mique européenne à l'Empire centrafricain'.

To allow for the possibility of re-bagging, the Article 4 successful tenderer shall supply 2 % of new empty sacks of the same quality as those containing the The contract shall be awarded to the tenderer offering goods but with the printing followed by a capital the best terms, taking into consideration the adjust­ letter 'R\ ment referred to in Article 3 (3).

However, if the tenders submitted do not appear to Article 2 reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Article 5 on 29 September 1978 . 1 . The tenderer shall give security of a value of 10 2. The closing date for submission of tenders shall units of account per tonne of goods. be 29 September 1978 at 12 noon . It shall be released : 3 . The notice of invitation to tender shall be published in the Official Journal of the European — in the case of all tenderers whose tenders are Communities not less than nine days before the unsuccessful or are not accepted, closing date for submission of tenders. — in the case of the successful tenderer, when the operations concerned have been carried out within Article 3 the prescribed time limit and on submission of the original export licence duly granted and 1 . The prices offered must be expressed in the endorsed by the competent authorities of the currency of the Member State in which the invitation Member State mentioned in the tender pursuant to tender was issued . to Article 3 (2), — in the case of the successful tenderer for quantities 2. Tenders must in particular mention the Member not supplied by reason of force majeure. State in which the tenderer, in the event of his being declared successful, expects to complete the customs 2. The security required under paragraph 1 may be export formalities for the products concerned. provided in the form of a cash deposit or of a guarantee issud by a credit institution conforming to 3 . For the purpose of rendering the tenders compar­ criteria laid down by each Member State. able, the prices shall, where appropriate, be corrected by the monetary compensatory amount applicable on Article 6 the closing date for submission of tenders to exports from the Member State mentioned in the tender 1 . The goods referred to in Article 1 which are to pursuant to paragraph 2. be supplied to the Central African Empire must meet Such correction shall be made by : the following requirements : — moisture : 14 % maximum , — increasing prices which mention a Member State whose currency has depreciated or a new Member — protein content : 10-5 % minimum (N x 6-25 on State, dry matter), — reducing prices which mention a Member State — ash content : 0-52 % maximum referred to dry whose currency has been revalued. matter .

The monetary compensatory amount shall, where If the goods referred to in Article 1 do not meet the appropriate, be converted into the currency of the foregoing requirements they shall be rejected and the Member State in which the invitation to tender is successful tenderer shall be owner thereof. issued using : 2. Tenders for supply to the Central African — in the case when the currencies concerned are Empire of the goods referred to in Article 1 must kept at any given moment within a band of relate to products with the following characteristics : 2-25 % , a conversion rate resulting from their — moisture : 14 % maximum, central rate, — protein content : 10*5 % minimum (N x 6-25 on — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member dry matter), State in which the invitation to tender is issued — ash content : 0-52 % maximum referred to dry matter . during a period from the Wednesday of one week

16 . 9 . 78 No L 254/ 23 Official Journal of the European Communities

A rticle 7 (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; L The French intervention agency shall be respon­ sible for organizing the invitation to tender provided (b) the date of the departure of the ships and the esti­ for by this Regulation . mated date of arrival of the products at their desti­ nation ; 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ (c) all possible contingencies which might occur tation to tender, specifying the terms of each tender during transportation of the products. together with the name and business name of the successful tenderer. The information indicated above shall be forwarded by the intervention agency to the Commission imme­ 3. Where the customs export formalities for the diately upon receipt. mobilized product are completed in a Member State other than that in which the invitation to tender is 5. When the intervention agency responsible for issued, the intervention agency of the latter Member the operations relating to tendering is not the interven­ State shall be responsible for the operations following tion agency which appoints the successful tenderer, it tendering, including payment to the successful shall send as soon as possible to the latter the informa­ tenderer. tion necessary for releasing the security.

In this case, the intervention agency choosing the Article 8 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and shall supply it with all the information which it may As regards this tender, the intervention agency is auth­ orized to make an initial payment of 80 % of the require. value of the quantity given in the bill of lading, on Furthermore, the amount of the successful tender presentation of that document and subject to the shall be paid after it has been converted using the taking of a security for an amount equal to the inital average of the spot rates referred to in the second payment. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 9 relating to the tendering are completed.

4. The intervention agency shall request the This Regulation shall enter into force on the day of its successful tenderer to supply the following informa­ publication in the Official Journal of the European tion : Communities.

This Regulation shall be binding in its entirety an'd directly applicable in all Member States .

Done at Brussels, 15 September 1978 .

For the Commission

Finn GUNDELACH Vice-President