31978R2640

11 . 11 . 78 Official Journal of the European Communities No L 318/41

COMMISSION REGULATION ( EEC) No 2640/78 of 10 November 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

THE COMMISSION OF THE EUROPEAN majeure the operation in question is not completed COMMUNITIES, within the time stipulated ;

Whereas provision should be made for security to be Having regard to the Treaty establishing the European Economic Community, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ;

Having regard to Council Regulation (EEC) No Whereas the German intervention agency should be 2727/75 of 29 October 1975 on the common organiza­ made responsible for the tendering procedure in ques­ tion of the market in cereals (J), as last amended by tion ; Regulation (EEC) No 1 254/78 (2),

Whereas it is important that the Commission be Having regard to Council Regulation (EEC) No informed without delay of the tenders submitted in 2750/75 of 29 October 1975 laying down the condi­ response to the invitation and of those accepted by tions for the mobilization of cereals as food aid (3), and the intervention agency ; in particular Article 6 thereof,

Whereas the Monetary Committee will be consulted ; Whereas on 8 February 1977 the Council of the Euro­ whereas, in view of the urgency, the measures envis­ pean Communities declared that it proposed, by way aged should be adopted in accordance with the condi­ of Community action, to grant the equivalent of 5 799 tions laid down in Article 3 (2) of Council Regulation tonnes of common wheat (in other words 3 840 No 129 on the value of the unit of account and the tonnes of common wheat flour) to the World Food exchange rates to be applied for the purposes of the Programme under its 1976/77 food-aid programme ; common agricultural policy (4), as last amended by 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 anywhere on the Community market ; Whereas the measures provided for in this Regulation 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 Article 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 . Tenders are hereby invited for the supply to the that the tenders are as comparable as possible, account World Food Programme, by way of Community should be taken of the effect on each tender of the action , of 3 840 tonnes of common wheat flour. currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in the Federal Republic of Germany and shall be in respect of three lots . Whereas the contract should be awarded to the tenderer who makes the best offer ; 3. The goods shall be mobilized on the Commu­ nity market. Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force 4. Shipment shall be from a Community port. (») 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 318/42 11 . 11 . 78 Official Journal of the European Communities

5. The product referred to in paragraph 1 is to be The monetary compensatory amount shall, where delivered in new jute sacks of a net capacity of 50 kilo­ appropriate, be converted into the currency of the Member State in which the invitation to tender is grams to the port of shipment in the vicinity of the vessel. The goods must be set down at the place nomi­ issued using : nated by the recipient country or its agent, the timing — in the case when the currencies concerned are of delivery being settled by the tenderer and the recip­ kept at any given moment within a band of ient country's agent. 2-25 %, a conversion rate resulting from their central rate, Minimum weight of sacks shall be 600 grams. — in the other cases, the average of the spot rates of The following shall be printed on the sacks : the currencies concerned recorded in the Member State in which the invitation to tender is issued — lot No 1 — 400 tonnes : •Yemen PDR 497 X / Wheat flour / Gift of the during a period from the Wednesday of one week to the Tuesday of the following week being the EEC / Action of the World Food Programme.' period immediately preceding the closing date for — lot No 2 — 1 000 tonnes : submission of tenders. 'Yemen PDR 688 X / Wheat flour / Gift of the EEC / Action of the World Food Programme.' Article 4 — lot No 3 — 2 440 tonnes : 'Egypt 644 PX / Wheat flour / Gift of the EEC / The contract shall be awarded to the tenderer offering Action of the World Food Programme.' the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty However, if the tenders submitted do not appear to sacks, of the same quality as those containing the reflect normal market prices and costs, the interven­ goods but with the printing followed by a capital tion agency may cancel the invitation to tender. letter 'R\

Article 5 Article 2 If the tenderer is unable to deliver the goods in 1 . The award of the contract shall take place on 24 compliance with Article 1 (3) on the date given in the 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 be 24 November 1978 at 12 noon . tion, resulting costs shall be borne by the intervention 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 10 units of account per tonne of goods. Article 3 It shall be released :

— in the case of all tenderers whose tenders are 1 . The prices offered must be expressed in the 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 operations concerned have been carried out within 2. Tenders must in particular mention the Member the prescribed time limit and on submission of State in which the tenderer, in the event of his being the original export licence duly granted and declared successful, expects to complete the customs endorsed by the competent authorities of the export formalities for the products concerned. Member State mentioned in the tender pursuant to Article 3 (2), 3. For the purpose of rendering the tenders compar­ able, the prices shall be corrected by the monetary — in the case of the successful tenderer, for quanti­ compensatory amount applicable on the closing date ties not supplied by reason of force majeure. for submission of tenders to exports from the Member 2. The security required under paragraph 1 may be State mentioned in the tender pursuant to paragraph 2. provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to acidity : 4 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 1 . The goods referred to in Article 1 must meet the whose currency has been revalued. following requirements :

11 . 11 . 78 Official Journal of the European Communities No L 318 /43

common wheat flour : vention agency of the Member State concerned and shall supply it with all the information which it may — moisture content : 1 5 % maximum , require. — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ lated on the dry matter), Furthermore, the amount of the successful tender shall be paid after it has been converted using the — ash content : 0-52 % maximum on the dry matter. average of the spot rates referred to in the second If the goods referred to in Article 1 do not meet the subparagraph of Article 3 (3) to the tenderer in the foregoing requirements they shall be rejected and the currency of the Member State in which the operations successful tenderer shall be owner thereof. relating to the tendering are completed. 2. Tenders for supply of the goods referred to in 4. The intervention agency shall request the Article 1 must relate to products with the following successful tenderer to supply the following informa­ characteristics : tion : common wheat flour : (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; — moisture content : 15% maximum, (b) the date of departure of the vessels. — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ lated on the dry matter), The information indicated above shall be forwarded — ash content : 0-52 % maximum on the dry matter. by the intervention agency to the Commission imme­ diately upon receipt. Article 8 5. When the agency responsible for the operations relating to tendering is not the intervention agency 1 . The German intervention agency shall be respon­ which appoints the successful tenderer, it shall send as sible for operations relating to the invitation to tender soon as possible to the latter the information neces­ provided for by this Regulation. sary for releasing the security. 2. It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ Article 9 tation to tender, specifying the terms of each tender, On delivery of the goods at the port of shipment, a together with the name and business name of the successful tenderer. handing-over certificate shall be supplied to the successful tenderer, acting as agent for the Commu­ 3. Where the customs export formalities for the nity, by the agent of the recipient country or, in the mobilized product are completed in a Member State absence of the latter, by the intervention agency of the other than that in which the invitation to tender is Member State in whose territory the port of shipment is situated . issued, the intervention agency of the latter Member State shall be responsible for the operations following tendering, including payment to the successful Article 10 tenderer. This Regulation shall enter into force on the day of its In such case, the intervention agency choosing the publication in the Official Journal of the European successful tenderer shall immediately inform the inter­ Communities.

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

Done at Brussels, 10 November 1978 .

For the Commission

Finn GUNDELACH Vice-President