31978R2959

No L 352/ 14 16 . 12. 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2959/78 of 15 December 1978 opening an invitation to tender for the mobilization of durum wheat as food aid for Somalia

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 Italian intervention agency should be made responsible for the tendering procedure ; 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 exchange rates to be applied for the purposes of the Whereas on 30 January 1978 the Council of the Euro­ common agricultural policy (4), as last amended by pean Communities declared that it proposed, by way Regulation (EEC) No 2543/73 (5), and in particular of Community action, to grant 2 000 tonnes of durum Article 3 thereof ; wheat to Somalia under its 1977/78 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 the product to the port of shipment in the vicinity of HAS ADOPTED THIS REGULATION : 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 blished in any Member State of the Community and may relate to products mobilized anywhere within 1 . Tenders are hereby invited for the supply, by way of Community food-aid action to Somalia, of those Member States ; whereas, in view of the currency 2 000 tonnes of durum wheat. situation in the Member States and in order to ensure that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 2. The tendering procedure shall take place in Italy currency situation in the Member State in which the in one lot. The product shall be mobilized on the customs export formalities will be completed ; Community market. The product shall be loaded for departure from any Community port. Whereas the contract should be awarded to the tenderer offering the best terms ; 3 . The product referred to in paragraph 1 is to be delivered in new jute sacks of a net capacity of 50 kilo­ grams to the port of shipment in the vicinity of the Whereas in case it should be impossible for reasons of force majeure to complete the operation in question vessel. The goods must be set down at the place nomi­ within the set time limits, it must be made clear who nated by the recipient country or its agent, the timing is to bear any costs resulting therefrom ; of delivery being settled by the tenderer and the recip­ ient country's agent. (>) 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 . (5) OJ No L 263, 19. 9 . 1973, p. 1 .

16 . 12 . 78 No L 352/ 15 Official Journal of the European Communities

Minimum weight of the sacks shall be 600 grams. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member 4. The following shall be printed on the sacks : State in which the invitation to tender is issued during a period from the Wednesday of one week 'Wheat / Gift of the European Economic Community to the Tuesday of the following week being the to Somalia / For free distribution'. period immediately preceding the closing date for submission of tenders . To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the Article 4 goods but with the printing followed by a capital letter 'R'. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ Article 2 ment referred to in Article 3 (3).

However, if the tenders submitted do not appear to 1 . The decision on tenders received in response to reflect normal market prices and costs, the interven­ the invitation provided for in Article 1 shall be taken tion agency may cancel the invitation to tender. on 4 January 1979 .

2. The closing date for submission of tenders shall Article 5 be 4 January 1979 at 12 noon .

3 . The notice of invitation to tender shall be If the tenderer is unable to deliver the goods in published in the Official Journal of the European compliance with Article 1 (3) on the date given in the Communities not less than nine days before the notice of invitation to tender as a result of the late closing date for submission of tenders. availability of the vessels to be used for sea transporta­ tion, the resulting costs shall be borne by the interven­ tion agency. Article 3

1 . The prices offered must be expressed in the Article 6 currency of the Member State in which the invitation to tender was issued . 1 . The tenderer shall give security of a value of five units of account per tonne of goods. 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being It shall be released : declared successful, expects to complete the customs export formalities for the products concerned. — in the case of all tenderers whose tenders are unsuccessful or are not accepted, 3. For the purpose of rendering the tenders compar­ — in the case of the successful tenderer, when the able, the prices shall be corrected by the monetary operations concerned have been carried out within compensatory amount applicable on the closing date for submission of tenders to exports from the the prescribed time limit and on submission of Member State mentioned in the tender pursuant to the original export licence duly granted and endorsed by the competent authorities of the paragraph 2. Member State mentioned in the tender pursuant Such correction shall be made by : to Article 3 (2), — in the case of the successful tenderer for quantities — increasing prices which mention a Member State not supplied by reason of force majeure. whose currency has depreciated or a new Member State, 2. The security required under paragraph 1 may be — reducing prices which mention a Member State provided in the form of a cash deposit or of a whose currency has been revalued. guarantee issued by a credit institution conforming to criteria laid down by each Member State . The monetary compensatory amount shall, where appropriate, be converted into the currency of the Member State in which the invitation to tender is Article 7 issued using :

— in the case when the currencies concerned are The product referred to in Article 1 must be of fair kept at any given moment within a band of and sound merchantable quality, be free from odour, 2-25 % , a conversion rate resulting from their and correspond at least to the standard quality for central rate, which the intervention price is fixed.

No L 352/ 16 16 . 12. 78 Official Journal of the European Communities

Article 8 4. The intervention agency shall request the successful tenderer to supply the following informa­ 1 . The Italian intervention agency shall be respon­ tion : sible for the operations relating to the invitation to (a) after each shipment a certificate showing the quan­ tender provided for by this Regulation . tities dispatched and the quality of the products ; 2. It shall forthwith communicate to the Commis­ (b) the date of departure of the vessels . sion the list of firms which have responded to the invi­ The information indicated above shall be forwarded tation to tender, specifying the terms of each tender, by the intervention agency to the Commission imme­ together with the name and business name of the successful tenderer. diately upon receipt.

5. When the intervention agency responsible for 3 . Where the customs export formalities for the the operations relating to tendering is not the interven­ mobilized product are completed in a Member State tion agency which appoints the successful tenderer, it other than that in which the invitation to tender is shall send as soon as possible to the latter the informa­ issued, the intervention agency of the latter Member tion necessary for releasing the security. State shall be responsible for the operations following tendering, including payment to the successful Article 9 tenderer. On delivery of the goods at the port of shipment, a In this case, the intervention agency choosing the handing-over certificate shall supplied to the successful tenderer shall immediately inform the inter­ successful tenderer, acting as agent for the Commu­ vention agency of the Member State concerned and nity, by the agent of the recipient country, or, in the shall supply it with all the information which it may absence of the latter, by the intervention agency of the require . Member State in whose territory the port of shipment is situated . Furthermore, the amount of the successful tender shall be paid after it has been converted using the Article 10 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the This Regulation shall enter into force on the day of its currency of the Member State in which the operations publication in the Official Journal of the European Communities. relating to the tendering are completed.

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

Done at Brussels, 15 December 1978 .

For the Commission

Finn GUNDELACH

Vice-President