31978R2642

No L 318 /48 11 . 11 . 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2642/78 of 10 November 1978 opening a new invitation to tender for the mobilization of common wheat as food aid for the Republic of Zambia

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 provision should be made for security to be 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 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 organizing the invitation to Regulation (EEC)' No 1254/78 (2), tender ;

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 tions laid down in Article 3 (2) of Council Regulation Zambia 6 000 tonnes of common wheat under the No 129 on the value of the unit of account and the 1977/78 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 goods may be purchased Article 3 thereof ; anywhere on the Community market ; Whereas the measures provided for in this Regulation Whereas the invitation to tender opened in the are in accordance with the opinion of the Manage­ Community under Commission Regulation (EEC) No ment Committee for Cereals, 2169/78 of 15 September 1978 opening an invitation to tender for the mobilization of common wheat as aid for Zambia (4) was not allocated ; whereas a new HAS ADOPTED THIS REGULATION : invitation to tender should therefore be opened ;

Whereas tenders should be invited for the supply of A rticle 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, by nated by the recipient or its agent ; way of Community food aid action, to the Republic of Zambia of 6 000 tonnes of common wheat. Whereas tenders may be submitted by tenderers estblished in any Member State of the Community 2. The tendering procedure shall take place in the and may relate to products mobilized anywhere within Kingdom of Belgium and shall be in respect of a those Member States ; whereas, in view of the currency single lot. situation in the Member States and in order to ensure 3. The product shall be mobilized on the Commu­ that the tenders are as comparable as possible, account nity market. should be taken of the effect on each tender of the currency situation in the Member State in which the 4. Shipment shall be from Antwerp. customs export formalities will be completed ; 5. The product referred to in paragraph 1 is to be Whereas the contract should be awarded to the delivered in new jute sacks of a net capacity of 50 kilo­ tenderer offering the best terms ; grams to the port of shipment in the vicinity of the vessel. The goods must be set down at the place nomi­ Whereas in case it should be impossible for reasons of nated by the recipient country or its agent, the timing force majeure to complete the operation in question of delivery being settled by the tenderer and the recip­ ient country's agent. (») OJ No L 281 , 1 . 11 . 1975, p. 1 . (*) OJ No L 156, 14. 6. 1978, p. 1 . Q) OJ No L 281 , 1 . 11 . 1975, p. 89. (5) OJ No 106, 30 . 10. 1962, p. 2553/62. (*) OJ No L 254, 16. 9. 1978, p. 18 . (') OJ No L 263, 19 . 9 . 1973, p. 1 .

11 . 11 . 78 No L 318 /49 Official Journal of the European Communities

Minimum weight of the sacks shall be 600 grams. The — in the case when the currencies concerned are following shall be printed on the sacks : kept at any given moment within a band of 2-25 % , a conversion rate resulting from their 'Wheat / Gift of the European Economic Community central rate, to Zambia'. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member To allow for the possibility of re-bagging the State in which the invitation to tender is issued successful tenderer shall supply 2 % of new empty during a period from the Wednesday of one week sacks, of the same quality as those containing the to the Tuesday of the following week being the goods but with the printing followed by a capital period immediately preceding the closing date for letter 'R'. submission of tenders .

Article2¶

1 . The decision on tenders received in response to The contract shall be awarded to the tenderer offering the invitation provided for in Article 1 shall be taken the best terms, taking into consideration the adjust­ on 24 November 1978 . ment referred to in Article 3 (3).

2. The closing date for submission of tenders shall However, if the tenders submitted do not appear to be 24 November 1978 at noon . reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 3 . The notice of invitation to tender shall be published in the Official Journal of the European Communities not less than nine days before the Article 5 closing date for submission of tenders.

If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the Article 3 notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ 1 . The prices offered must be expressed in the tion, the resulting costs shall be borne by the interven­ currency of the Member State in which the invitation tion agency. to tender was issued .

2. Tenders must in particular mention the Member Article 6 State in which the tenderer, in the event of his being declared successful, expects to complete the customs 1 . The tenderer shall give security of a value of five export formalities for the products concerned. units of account per tonne of goods.

3 . For the purpose of rendering the tenders compar­ It shall be released : able, the prices shall be corrected by the monetary compensatory amount applicable on the closing date — in the case of all tenderers whose tenders are for submission of tenders to exports from the Member unsuccessful or are not accepted, State mentioned in the tender pursuant to paragraph 2 . — in the case of the successful tenderer, when the operations concerned have been carried out within Such correction shall be made by : the prescribed time limit and on submission of the original export licence duly granted and — increasing prices which mention a Member State endorsed by the competent authorities of the whose currency has depreciated or a new Member Member State mentioned in the tender pursuant State, to Article 3 (2),

— reducing prices which mention a Member State — in the case of the successful tenderer for quantities whose currency has been revalued. not supplied by reason of force majeure.

The monetary compensatory amount shall, where 2. The security required under paragraph 1 may be appropriate, be converted into the currency of the provided in the form of a cash deposit or of a Member State in which the invitation to tender is guarantee issued by a credit institution conforming to issued using : criteria laid down by each Member State.

No L 318 / 50 11 . 11 . 78 Official Journal of the European Communities

Article 7 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the The common wheat referred to in Article 1 to be currency of the Member State in which the operations supplied to the Republic of Zambia must be of fair relating to the tendering are completed. and sound merchantable quality and correspond at least to the standard quality for which the interven­ 4. The intervention agency shall request the tion price is fixed, except that the humidity shall not successful tenderer to supply the following informa­ exceed 1 5-5 % and that a maximum tolerance of 3 % tion : of sprouted grains and 1-5 % of miscellaneous impuri­ (a) after each shipment a certificate showing the quan­ ties shall be allowed . tities dispatched and the quality of the products ; (b) the date of departure of the vessels. Article 8 The information indicated above shall be forwarded 1 . The Belgian intervention agency shall be respon­ by the intervention agency to the Commission sible for the operations relating to the invitation to immediately upon receipt. tender provided for by this Regulation . 2 . It shall forthwith communicate to the Commis­ 5. When the intervention agency responsible for the operations relating to tendering is not the interven­ sion the list of firms which have responded to the invi­ tion agency which appoints the successful tenderer, it tation to tender, specifying the terms of each tender, shall send as soon as possible to the latter the informa­ together with the name and business name of the successful tenderer. tion necessary for releasing the security.

3. Where the customs export formalities for the Article 9 mobilized product are completed in a Member State other than that in which the invitation to tender is On delivery of the goods at the port of shipment, a issued, the intervention agency of the latter Member handing-over certificate shall be supplied to the State shall be responsible for the operations following successful tenderer, acting as agent for the Commu­ tendering, including payment to the successful nity, by the agent of the recipient country, or, in the tenderer. absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment In this case, the intervention agency choosing the is situated . successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and Article 10 shall supply it with all the information which it may require. This Regulation shall enter into force on the day of its Furthermore, the amount of the successful tender publication in the Official Journal of the European Communities. shall be paid after it has been converted using the

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