31978R2833

No L 336/26 Official Journal of the European Communities 2. 12. 78

COMMISSION REGULATION ( EEC) No 2833/78

of 1 December 1978

opening an invitation to tender for the mobilization of common wheat flour as food aid for Caritas

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to the Treaty establishing the European Economic Community, Whereas the Dutch 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 Whereas the Commission must be informed quickly tion of the market in cereals (!), as last amended by of the tenders submitted in response to the invitation Regulation (EEC) No 1254/78 (2), and of those accepted by the intervention agency ;

Having regard to Council Regulation (EEC) No Whereas the Monetary Committee will be consulted ; 2750/75 of 29 October 1975 laying down the condi­ whereas, in view of the urgency, the measures envis­ tions for the mobilization of cereals as food aid (3), and aged should be adopted in accordance with the condi­ in particular Article 6 thereof, tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the Whereas on 25 March 1976 the Council of the Euro­ exchange rates to be applied for the purposes of the pean Communities declared that it proposed, by way common agricultural policy (4), as last amended by of Community action, to grant the equivalent of 1 510 Regulation (EEC) No 2543/73 (5), and in particular tonnes of common wheat (in other words 1 000 Article 3 thereof ; tonnes of common wheat flour) to Caritas under its 1975/76 food-aid programme ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas pursuant to Article 3 (3) of Council Regula­ ment Committee for Cereals, tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas tenders should be invited for the supply of HAS ADOPTED THIS REGULATION : 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 ; Article 1

Whereas tenders may be submitted by tenderers esta­ 1 . Tenders are hereby invited for the supply to blished in any Member State of the Community and Caritas, by way of Community food-aid action, of 1 000 tonnes of common wheat flour. 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 2. The tendering procedure shall take place in the that the tenders are as comparable as possible, account Netherlands in three lots. The product shall be mobi­ should be taken of the effect on each tender of the lized on the Community market. The product shall be currency situation in the Member State in which the loaded for departure from a Community port. customs exports formalities will be completed ; 3. The products referred to in paragraph 1 to be Whereas the award under the invitation to tender delivered in new jute sacks lined with cotton sacks of must be made to the tenderer offering the best terms ; a net capacity of 50 kilograms to the port of shipment in the vicinity of the vessel. The goods must be set down at the place nominated by the recipient country Whereas, should force majeure make it impossible to or its agent, the timing of delivery being settled by the complete the operation in question within the time tenderer and the recipient country's agent. limits specified, it must be made clear who is to bear the liability for any resulting costs ; The following shall be printed on the sacks : (») 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 .

2. 12. 78 No L 336/27 Official Journal of the European Communities

'Farine de froment / Don de la Communauté écono­ — in other cases, the average of the spot rates of the mique européenne / Pour distribution gratuite à Haïti currencies concerned recorded in the Member / Port-au-Prince / Action de Cathwel / SOS — PG' State in which the invitation to tender is issued (lot 1 — 150 tonnes). during a period from the Wednesday of one week 'Farine de froment / Don de la Communauté écono­ to the Tuesday of the following week being the period immediately preceding the closing date for mique européenne / Pour distribution gratuite à Haïti submission of tenders. / Port-au-Prince / Action de Caritas germanica' (lot 2 — 350 tonnes). Article 4 Fanne de froment / Don de la Communauté écono­ mique européenne / Pour distribution gratuite à Haïti The contract shall be awarded to the tenderer offering / Port-au-Prince / Action de Caritas germanica' (lot 3 the best terms, taking into consideration the adjust­ — 500 tonnes). ment referred to in Article 3 (3).

To allow for the possibility of re-bagging, the However, if the tenders submitted do not appear to successful tenderer shall supply 2 % of new empty reflect normal prices and costs, the intervention sacks, of the same quality as those containing the agency may cancel the invitation to tender. goods but with the printing followed by a capital letter 'R\ Article 5

Article 2 If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the 1 . The decision on tenders received in response to notice of invitation to tender as a result of the late the invitation provided for in Article 1 shall be taken on 15 December 1978 . availability of the vessels to be used for sea transporta­ tion, the resulting costs shall be borne by the interven­ 2. The closing date for the submission of tenders tion agency. shall be 15 December 1978 , at 12 noon .

3 . The notice of invitation to tender shall be Article 6 published in the Official Journal of the European 1 . The tenderer shall give security of an amount of Communities not less than nine days before the 10 units of account per tonne of goods. closing date for the submission of tenders. It shall be released : Article 3 — in the case of all tenderers whose tenders are 1 . The prices offered must be expressed in the unsuccessful or are not accepted, currency of the Member State in which the invitation — in the case of the successful tenderer, when the to tender was issued . 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, where appropriate, be corrected — in the case of the successful tenderer, for quanti­ by the monetary compensatory amount applicable on ties not supplied by reason of force majeure. the closing date for submission of tenders to expoirts 2. The security required under paragraph 1 may be from the Member State mentioned in the tender provided in the form of a cash deposit or of a pursuant to paragraph 2. 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 Article 7 whose currency has depreciated or a new Member State, 1 . The common wheat flour referred to in Article 1 — reducing prices which mention a Member State to be supplied to Caritas must meet the following whose currency has been revalued. requirements : The monetary compensatory amount shall, where — moisture : 14 % maximum, appropriate, be converted into the currency of the — protein content : 10-5% minimum (N x 6*25 on Member State in which the invitation to tender is dry matter), issued using : — ash content : 0-62 % maximum referred to dry — in the case when the currencies concerned are matter. kept at any given moment within a band of 2-25 % , a conversion rate resulting from their Flour not meeting these requirements shall be central rate, refused.

No L 336/28 2. 12. 78 Official Journal of the European Communities

2. Tenders for supply to Caritas of the common currency of the Member State in which the operations wheat flour referred to in Article 1 must relate to a relating to the tendering are completed. product with the following characteristics : 4. The intervention agency shall request the — moisture : 14 % maximum, successful tenderer to supply the following informa­ tion : — protein content : 10-5 % minimum (N x 6*25 on dry matter), (a) after each shipment, a statement giving details of — ash content : 0*62 % maximum referred to dry the quantities loaded, the quality of the products matter. and the type of packing ; (b) the date of the departure of the ships ; the esti­ Article 8 mated date of arrival of the products at their desti­ nation ; 1 . The Dutch intervention agency shall be respon­ (c) all possible contingencies which might occur sible for operations relating to the invitation to tender during transportation of the products. provided for by this Regulation. The information indicated above shall be forwarded 2. It shall forthwith communicate to the Commis­ by the intervention agency to the Commission imme­ sion the list of firms which have responded to the invi­ diately upon receipt. tation to tender, specifying the terms of each tender, together with the name and business name of the 5. When the intervention agency responsible for successful tenderer. the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it 3. Where the customs export formalities for the shall send as soon as possible to the latter the informa­ mobilized product are completed in a Member State other than that in which the invitation to tender is tion necessary for releasing the security.

issued, the intervention agency of the latter Member Article 9 State shall be responsible for the operations following tendering, including payment to the successful As regards this tender, the intervention agency is auth­ tenderer. orized to make an initial payment of 80 % of the In such case, the intervention agency choosing the value of the quantity given in the bill of lading, on successful tenderer shall immediately inform the inter­ presentation of that document and subject to the vention agency of the Member State concerned and taking of a security for an amount equal to the initial shall supply it with all the information which it may payment. require. Article 10 Furthermore, the amount of the successful tender shall be paid after it has been converted using the This Regulation shall enter into force on the day of its average of the spot rates referred to in the second publication in the Official Journal of the European Communities. subparagraph of Article 3 (3) to the tenderer in the

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

Done at Brussels, 1 December 1978 .

For the Commission

Finn GUNDELACH

Vice-President