31978R2284

No L 275/70 30 . 9 . 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2284/78

of 29 September 1978

opening a new invitation to tender for the mobilization of common wheat as food aid for the Republic of Chad

THE COMMISSION OF THE EUROPEAN within the set time limits, it must be made clear who COMMUNITIES, is to bear any costs resulting therefrom ;

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

Having regard to Council Regulation (EEC) No Whereas the Commission must be informed quickly 2750/75 of 29 October 1975 laying down the condi­ of the tenders submitted in response to the invitation tions for the mobilization of cereals as food aid (3), and and of those accepted by 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 Chad tions laid down in Article 3 (2) of Council Regulation 2 800 tonnes of common wheat under its 1977/78 No 129 on the value of the unit of account and the food-aid programme ; exchange rates to be applied for the purposes of the common agricultural policy (5), as last amended by Whereas pursuant to Article 3 (3) of Council Regula­ Regulation (EEC) No 2543/73 (6), and in particular tion (EEC) No 2750/75 the ^oods may be purchased Article 3 thereof ; anywhere on the Community market ;

Whereas the invitation to tender opened in the Whereas the measures provided for in this Regulation Community under Commission Regulation (EEC) No are in accordance with the opinion of the Manage­ ment Committee for Cereals, 1597/78 of 7 July 1978 opening an invitation to tender for the mobilization of common wheat as aid for Chad (4) was not allocated ; whereas a new invita­ tion to tender should therefore be opened ; HAS ADOPTED THIS REGULATION : Whereas the proposed invitation to tender should be for supply of the products delivered to N'Djamena ; Article 1 Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 1 . Tenders are hereby invited for the supply, by may relate to products mobilized anywhere within way of Community food-aid action, to the Republic of those Member States ; whereas, in view of the currency Chad, of 2 800 tonnes of common wheat. situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 2. The tendering procedure shall take place in should be taken of the effect on each tender of the Belgium in one lot. currency situation in the Member State in which the customs export formalities will be completed ; 3. The products shall be mobilized on the Commu­ nity market. Whereas the contract should be awarded to the tenderer offering the best terms ; 4. Shipment shall be from a Community port.

Whereas in case it should be impossible for reasons of 5. The invitation to tender provided for in para­ force majeure to complete the operation in question graph 1 is for supply of the products delivered to N'Djamena. ;») OJ No L 281 , 1 . 11 . 1975, p. 1 . I2) OJ No L 156, 14. 6. 1978, p. 1 . P) OJ No L 281 , 1 . 11 . 1975, p. 89. (5) OJ No 106, 30 . 10 . 1962, p. 2553/62. (<) OJ No L 186, 8 . 7. 1978, p. 35. (6) OJ No L 263, 19 . 9. 1973, p. 1 .

30 . 9 . 78 Official Journal of the European Communities No L 275/71

6 . The successful tenderer shall deliver the 2-25 % , a conversion rate resulting from their products specified in paragraph 1 in new jute sacks of central rate, a net capacity of 50 kilograms. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member Minimum weight of the sacks shall be 600 grams. The State in which the invitation to tender is issued following shall be printed on the sacks : during a period from the Wednesday of one week ' Froment tendre / Don de la Communauté écono­ to the Tuesday of the following week being the period immediately preceding the closing date for mique européenne à la république du Tchad'. 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 1 . The decision on tenders received in response 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 13 October 1978 .

Article 5 2. The closing date for the receipt of tenders shall be 13 October 1978 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be five units of account per tonne of goods. published in the Official Journal of the European It shall be released : Communities not less than nine days before the closing date for 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 the original export licence duly granted and to tender was issued . 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 — 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.

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 : The product referred to in Article 1 must be of fair — increasing prices which mention a Member State and sound merchantable quality and correspond at whose currency has depreciated or a new Member least to the standard quality for which the interven­ State, tion price is fixed, except that the moisture content shall not exceed 14-5 % and that a maximum of 3 % — reducing prices which mention a Member State whose currency has been revalued. of sprouted grains and 1 -5 % of miscellaneous impuri­ ties shall be allowed . The monetary compensatory amount shall, where appropriate, be converted into the currency of the Article 7 Member State in which the invitation to tender is issued using : 1 . The Belgian intervention agency shall be respon­ — in the case when the currencies concerned are sible for operations relating to the invitation to tender kept at any given moment within a band of provided for by this Regulation

No L 275/72 30 . 9 . 78 Official Journal of the European Communities

2. It shall forthwith communicate to the Commis­ (b) the date of the departure of the ships ; the sion the list of firms which have responded to the invi­ expected date of arrival of the products at their tation to tender, specifying the terms of each tender, destination ; together with the name and business name of the (c) all possible contingencies which might occur successful tenderer. during transportation of the products.

3. Where the customs export formalities for the The intervention agency shall transmit the informa­ mobilized product are completed in a Member State tion provided for to the Commission as soon as it is other than that in which the invitation to tender is received . issued, the intervention agency of the latter Member State shall be responsible for the operations following 5. When the intervention agency responsible for tendering, including payment to the successful the operations relating to tendering is not the interven­ tenderer. tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ In such case, the intervention agency choosing the tion necessary for relating the security. 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 Article 8 require. As regards this tender the intervention agency is auth­ Futhermore, the amount of the successful tender shall orized to make an initial payment of 80 % of the be paid after it has been converted using the average value of the quantity given in the bill of lading, on of the spot rates referred to in the second subpara­ presentation of that document and subject to the graph of Article 3 (3) to the tenderer in the currency taking of a security for an amount equal to the initial of the Member State in which, the operations relating payment. to the tendering are completed.

4. The intervention agency shall ask that the Article 9 tenderer specifies the following information :

(a) after each shipment, a statement giving details of This Regulation shall enter into force on the day of its the quantities loaded, the quality of the products publication in the Official Journal of the European Communities. and their packaging ;

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

Done at Brussels, 29 September 1978 .

For the Commission

Finn GUNDELACH

Vice-President