31978R2699

No L 324/22 18 . 11 . 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2699/78

of 17 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 ;

Having regard to the Treaty establishing the European Whereas provision should be made for security to be Economic Community, given to guarantee fulfilment of 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 (*), as last amended by made responsible for organizing the invitation to tender ; Regulation (EEC) No 1254/78 (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 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 World Food tions laid down in Article 3 (2) of Council Regulation Programme the equivalent of 5 000 tonnes of No 129 on the value of the unit of account and the common wheat, in the form of flour (i.e. 3 311 tonnes exchange rates to be applied for the purposes of the of common wheat flour) under its 1977/78 food-aid common agricultural policy (4), as last amended by 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 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 by way that the tenders are as comparable as possible, account of Community action to the World Food Programme of 3 311 tonnes of common wheat flour. should be taken of the effect on each tender of the currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in the Kingdom of Belgium and shall be in respect of a Whereas the contract should be awarded to the single lot. 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 Antwerp. 0) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6. 1978, p. 1 . (<) OJ No 106, 30 . 10. 1962, p. 2553/62. (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . M OJ No L 263, 19. 9. 1973, p. 1 .

18 . 11 . 78 No L 324/23 Official Journal of the European Communities

5. The product referred to in paragraph 1 to be Member State in which the invitation to tender is delivered in new jute sacks of a net capacity of 50 kilo­ issued using : grams to the port of shipment in the vicinity of the — in the case when the currencies concerned are vessel. The goods must be set down at the place nomi­ kept at any given moment within a band of nated by the recipient country or its agent, the timing 2-25 % , a conversion rate resulting from their of delivery being settled by the tenderer and the recip­ central rate, ient country's agent. — in the other cases, the average of the spot rates of Minimum weight of sacks : 600 grams. the currencies concerned recorded in the Member State in which the invitation to tender is issued The following shall be printed on the sacks : during a period from the Wednesday of one week ' 1137 EM / Wheat flour / Ho Chi Minh ville / Gift of to the Tuesday of the following week being the the European Economic Community / Action of the period immediately preceding the closing date for submission of tenders . World Food Programme'.

To allow for the possibility of re-bagging, the Article 4 successful tenderer shall supply 2 % of new empty 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 reflect normal market prices and costs, the interven­ 1 . The award of the contract shall take place on 1 tion agency may cancel the invitation to tender. December 1978 .

2. The closing date for submission of tenders shall Article 5 be 1 December 1978 at 12 noon .

3. The notice of invitation to tender shall be 1 . The tenderer shall give security in an amount of published in the Official Journal of the European 10 units of account per tonne of goods. Communities not less than nine days before the It shall be released : closing date for submission of tenders.

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

Such correction shall be made by : Article 6

— increasing prices which mention a Member State 1 . The goods referred to in Article 1 must meet the whose currency has depreciated or a new Member State, following requirements :

— reducing prices which mention a Member State — moisture content : 1 5 % maximum, whose currency has been revalued. — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ lated on the dry matter), The monetary compensatory amount shall, where appropriate, be converted into the currency of the — ash content : 0-52 % maximum on the dry matter.

No L 324/24 Official Journal of the European Communities 18 . 11 . 78

If the goods referred to in Article 1 do not meet the average of the spot rates referred to in the second foregoing requirements they shall be rejected and the subparagraph of Article 3 (3) to the tenderer in the successful tenderer shall be owner thereof. currency of the Member State in which the operations relating to the tendering are completed. 2. Tenders for supply of the goods referred to in Article 1 must relate to products with the following 4. The intervention agency shall request the characteristics : successful tenderer to supply the following informa­ — moisture content : 1 5 % maximum, tion : — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ (a) after each shipment a certificate showing the quan­ lated on the dry matter), tities dispatched and the quality of the products ; — ash content : 0-52 % maximum on the dry matter. (b) the date of departure of the vessels.

Article 7 The information indicated above shall be forwarded by the intervention agency to the Commission imme­ 1 . The Belgian intervention agency shall be respon­ diately upon receipt. sible for operations relating to the invitation to tender provided for by this Regulation. 5. When the agency responsible for the operations 2. It shall forthwith communicate to the Commis­ relating to tendering is not the intervention agency which appoints the successful tenderer, it shall send as sion the list of firms which have responded to the invi­ soon as possible to the latter the information neces­ tation to tender, specifying the terms of each tender, sary for releasing the security. together with the name and business name of the successful tenderer. Article 8 3. Where the customs export formalities for the 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 handing-over certificate shall be supplied to the issued, the intervention agency of the latter Member successful tenderer, acting as agent for the Commu­ State shall be responsible for the operations following nity, by the agent of the recipient country or, in the tendering, including payment to the successful tenderer. absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment In such case, the intervention agency choosing the is situated . successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and Article 9 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, 17 November 1978 .

For the Commission

Finn GUNDELACH

Vice-President