31978R2464

21 . 10 . 78 No L 296/37 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2464/78 of 20 October 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Afghanistan

THE COMMISSION OF THE EUROPEAN Whereas the Commission must be informed quickly COMMUNITIES, of the tenders submitted in response to the invitation to tender and of those accepted by the intervention Having regard to the Treaty establishing the European agency ; Economic Community, Having regard to Council Regulation (EEC) No Whereas the Monetary Committee will be consulted ; 2727/75 of 29 October 1975 on the common organiza­ whereas, in view of the urgency, the measures envis­ tion of the market in cereals (l), as last amended by aged should be adopted in accordance with the condi­ Regulation (EEC) No 1254/78(2), tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the Having regard to Council Regulation (EEC) No exchange rates to be applied for the purposes of the 2750/75 of 29 October 1975 laying down the condi­ common agricultural policy (4), as last amended by tions for the mobilization of cereals as food aid (3), and Regulation (EEC) No 2543/73 (5), and in particular in particular Article 6 thereof, Article 3 thereof ; Whereas on 30 January 1978 the Council of the Euro­ pean Communities declared that by way of Commu­ Whereas the measures provided for in this Regulation nity action it proposed to grant the Republic of are in accordance with the opinion of the Manage­ Afghanistan 5 000 tonnes of common wheat under its 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 ; Whereas tenders should be invited for the supply of Article 1 the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ 1 . Tenders are hereby invited for the supply to the nated by the recipient or its agent ; Republic of Afghanistan by way of Community food­ Whereas tenders may be submitted by tenderers esta­ aid action of 5 000 tonnes of common wheat. blished in any Member State of the Community and may relate to products mobilized anywhere within 2. The tendering procedure shall take place in those Member States ; whereas, in view of the currency France in one lot. The product shall be mobilized on situation in the Member States and in order to ensure the Community market. The product shall be loaded that the tenders are as comparable as possible, account for departure from any Community port. should be taken of the effect on each tender of the currency situation in the Member State in which the 3. The product referred to in paragraph 1 is to be customs export formalities will be completed ; delivered in new jute sacks of a net capacity of 68 kilo­ grams to the port of shipment in the vicinity of the Whereas the award under the invitation to tender vessel. The goods must be set down at the place nomi­ must be made in favour of the tenderer offering the nated by the recipient country or its agent, the timing best terms ; of delivery being settled by the tenderer and the recip­ Whereas, should force majeure make it impossible to ient country's agent. complete the operation in question within the set time limits, it should be made clear who is to bear the The following shall be printed on the sacks : liability for any resulting costs ; 'Wheat — Gift of the European Economic Commu­ Whereas provision should be made for security to be nity to the Republic of Afghanistan.' given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; To allow for the possibility of re-bagging,, the successful tenderer shall supply 2 % of new empty Whereas the French intervention agency should be sacks, of the same quality as those containing the made responsible for the tendering procedure in ques­ goods but with th? printing followed by a capital tion ; letter 'R'. (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . (*) OJ No L 156, 14. 6. 1978 , p. 1 . («) OJ No 106, 30. 10. 1962, p. 2553/62. h) OJ No L 281 , 1 . 11 . 1975, p. 89. (5) OJ No L 263, 19. 9. 1973, p. 1 .

No L 296/38 21 . 10 . 78 Official Journal of the European Communities

Article2¶

1 . The decision on tenders received in response to If the tenderer is unable to deliver the goods in the invitation provided for in Article 1 shall be taken compliance with Article 1 (3) on the date given in the on 3 November 1978 . notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ 2. The closing date for submission of tenders shall tion, the resulting costs shall be borne by the interven­ be 3 November 1978 at 12 noon . tion agency. 3 . The notice of invitation to tender shall be published in the Official Journal of the European Article 6 Communities, not less than nine days before the closing date for submission of tenders. 1 . The tenderer shall give security in an amount of five units of account per tonne of goods. Article 3 It shall be released : 1 . The prices offered must be expressed in the — in the case of all tenderers whose tenders are currency of the Member State in which the invitation unsuccessful or are not accepted, to tender was issued . — in the case of the successful tenderer, when the 2. Tenders must in particular mention the Member operations concerned have been carried out within State in which the tenderer, in the event of his being the prescribed time limit and on submission of declared successful, expects to complete the customs the original export licence duly granted and export formalities for the products concerned. endorsed by the competent authorities of the Member State mentioned in the tender pursuant 3. For the purposie of rendering the tenders compar­ to Article 3 (2), able, the prices shall be corrected by the monetary — in the case of the successful tenderer for quantities compensatory amount applicable on the closing date not supplied by reason of force majeure. for submission of tenders to exports from the Member State mentioned in the tender pursuant to para­ 2. The security required under paragraph 1 may be graph 2. provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to Such correction shall be made by : criteria laid down by each Member State. — increasing prices which mention a Member State whose currency has depreciated or a new Member Article 7 State, — reducing prices which mention a Member State The common wheat referred to in Article 1 to be whose currency has been revalued. supplied to the Republic of Afghanistan must be of fair and sound merchantable quality and correspond The monetary compensatory amount shall, where at least to the standard quality for which the interven­ appropriate, be converted into the currency of the tion price is fixed, except that the moisture content Member State in which the invitation to tender is shall not exceed 15-5 % and that a maximum of 3 % issued using : of sprouted grains and 1 -5 % of miscellaneous impuri­ — in the case when the currencies concerned are ties shall be allowed. kept at any given moment within a band of 2-25 % , a conversion rate resulting from their Article 8 central rate, — in the other cases, the average of the spot rates of 1 . The French intervention agency shall be respon­ the currencies concerned recorded in the Member sible for organizing the invitation to tender provided State in which the invitation to tender is issued for by this Regulation. during a period from the Wednesday of one week 2. It shall forthwith communicate to the Commis­ to the Tuesday of the following week being the sion the list of firms which have responded to the invi­ period immediately preceding the closing date for submission of tenders . tation to tender, specifying the terms of each tender, together with the name and business name of the successful tenderer. Article 4 3. Where the customs export formalities for the The contract shall be awarded to the tenderer offering mobilized product are completed in a Member State the best terms, taking into consideration the adjust­ other than that in which the invitation to tender is ment referred to in Article 3 (3). issued the intervention agency of the latter Member However, if the tenders submitted do not appear to State shall be responsible for the operations following reflect normal market prices and costs, the interven­ tendering, including payment to the successful tenderer. tion agency may cancel the invitation to tender.

21 . 10 . 78 Official Journal of the European Communities No L 296/39

In such case, the intervention agency choosing the 5. When the intervention agency responsible for successful tenderer shall immediately inform the inter­ the operations relating to tendering is not the interven­ vention agency of the Member State concerned and tion agency which appoints the successful tenderer, it shall supply it with all the information which it may shall send as soon as possible to the latter the informa­ require. tion necessary for releasing the security.

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 On delivery of the goods at the port of shipment a currency of the Member State in which the operations handing-over certificate shall be supplied to the relating to the tendering are completed. successful tenderer, acting as agent for the Commu­ nity, by the agent of the recipient country or, in the 4. The intervention agency shall request the absence of the latter, by the intervention agency of the successful tenderer to supply the following informa­ Member State in whose territory the port of shipment tion : is situated . (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; Article 10 (b) the date of departure of the vessels.

The information indicated above shall be forwarded This Regulation shall enter into force on the day of its by the intervention agency of the Commission imme­ publication in the Official Journal of the European Communities. diately upon receipt.

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

Done at Brussels, 20 October 1978 .

For the Commission

Finn GUNDELACH

Vice-President