31978R2390

14 . 10 . 78 Official Journal of the European Communities No L 288 / 19

COMMISSION REGULATION ( EEC) No 2390/78 of 13 October 1978 opening an invitation to tender for the mobilization of common wheat flour and maize meal as food aid for Jamaica

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of obligation arising by virtue of participation in the invitation to tender ; Having regard to the Treaty establishing the European Economic Community, Whereas the Belgian intervention agency should be made responsible for organizing the invitation to tender ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( J ), as last amended by Whereas it is important that the Commission be Regulation (EEC) No 1254/78 (2), informed without delay of the tenders submitted in response to the invitation and of those accepted by Having regard to Council Regulation (EEC) No the intervention agency ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the Monetary Committee will be consulted ; in particular Article 6 thereof, whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Whereas on 30 January 1978 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the pean Communities declared that by way of Commu­ nity action it proposed to grant 300 tonnes of maize exchange rates to be applied for the purposes of the meal and 300 tonnes of common wheat flour to common agricultural policy (4), as last amended by Jamaica under its 1977/78 food-aid 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 nated by the recipient or its agent ; HAS ADOPTED THIS REGULATION :

Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and A rticle 1 may relate to products mobilized anywhere within 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 300 tonnes of common wheat flour should be taken of the effect on each tender of the and 300 tonnes of maize meal to Jamaica by way of currency situation in the Member State in which the Community food-aid action . customs export formalities will be completed ;

2. The tendering procedure shall take place in the Whereas the contract should be awarded to the Kingdom of Belgium and shall be in respect of four tenderer who makes the best offer ; lots .

Whereas it must be made clear who is to bear any 3. The goods shall be mobilized on the Commu­ costs which arise in the event that for reasons of force nity market. majeure the operation in question is not completed within the time stipulated ; 4. Shipment shall be from Antwerp. (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . (J) 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 288 / 20 Official Journal of the European Communities 14 . 10 . 78

5 . The products referred to' in paragraph 1 to be — in the case when the currencies concerned are delivered in new jute sacks lined with cotton sacks of kept at any given moment within a band of a net capacity of 50 kilograms to the port of shipment 2-25 % , a conversion rate resulting from their in the vicinity of the vessel . The goods must be set central rate, down at the place nominated by the recipient country — in the other cases, the average of the spot rates of or its agent, the timing of delivery being settled by the the currencies concerned recorded in the Member tenderer and the recipient country's agent. State in which the invitation to tender is issued during a period from the Wednesday of one week The following shall be printed on the sacks : to the Tuesday of the following week being the 'Wheat flour / Gift of the European Economic period immediately preceding the closing date for Community for free distribution'. submission of tenders . 'Maize meal / Gift of the European Economic Community for free distribution'. Article 4

To allow for the possibility of re-bagging, the The contract shall be awarded to the tenderer offering successful tenderer shall supply 2 % of new empty the best terms, taking into consideration the adjust­ sacks, of the same quality as those containing the ment referred to in Article 3 (3). goods but with the printing followed by a capital letter 'R'. However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. Article 2

1 . The award of the contract shall take place on 27 Article 5 October 1978 . 1 . The tenderer shall give security in an amount of 2. The closing date for submission of tenders shall 10 units of account per tonne of goods. be 27 October 1978 at 12 noon . It shall be released : 3 . The notice of invitation to tender shall be — in the case of all tenderers whose tenders are published in the Official Journal of the European 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 quanti­ 2. Tenders must in particular mention the Member ties 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 issued 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 be corrected by the monetary compensatory amount applicable on the closing date for submission of tenders to exports from the Member Article 6 State mentioned in the tender pursuant to paragraph 2 . 1 . The goods referred to in Article 1 which are to be supplied to Jamaica must meet the following re­ Such correction shall be made by : quirements : — increasing prices which mention a Member State common wheat flour : whose currency has depreciated or a new Member — moisture content : 15% maximum , State, — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ — reducing prices which mention a Member State lated on the dry matter), whose currency has been revalued . — ash content : 0-52 % maximum on the dry matter. The monetary compensatory amount shall , where maize meal : appropriate, be converted into the currency of the Member State in which the invitation to tender is — moisture content : 13% maximum , issued using : — acidity : 0-6 % maximum .

14. 10 . 78 Official Journal of the European Communities No L 288 / 21

If the goods referred to in Article 1 do not meet the 4. The intervention agency shall request the foregoing requirements they shall be rejected and the successful tenderer to supply the following informa­ successful tenderer shall be owner thereof. tion :

(a) after each shipment a certificate showing the quan­ Article 7 tities dispatched and the quality of the products ; 1 . The Belgian intervention agency shall be respon­ (b) the date of departure of the vessels. sible for operations relating to the invitation to tender provided for by this Regulation . The information indicated above shall be forwarded by the intervention agency to the Commission imme­ 2 . It shall forthwith communicate to the Commis­ diately upon receipt. sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, 5 . When the agency responsible for the operations together with the name and business name of the relating to tendering is not the intervention agency successful tenderer. which appoints the successful tenderer, it shall send as soon as possible to the latter the information neces­ 3 . Where the customs export formalities for the sary for releasing the security. mobilized product are completed in a Member State 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 ten­ On delivery of the goods at the port of shipment, a derer. handing-over certificate shall be supplied to the In such case, the intervention agency choosing the successful tenderer, acting as agent for the Commu­ successful tenderer shall immediately inform the inter­ nity, by the agent of the recipient country or, in the vention agency of the Member State concerned and absence of the latter, by the intervention agency of the shall supply it with all the information which it may Member State in whose territory the port of shipment is situated . require .

Furthermore, the amount of the successful tender shall be paid after it has been converted using the Article 9 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 Communities. relating to the tendering are completed.

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

Done at Brussels, 13 October 1978 .

For the Commission 1 Finn GUNDELACH

Vice-President