31978R2961

No L 352/20 16 . 12. 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2961 /78 of 15 December 1978 opening a new invitation to tender (or the mobilization of common wheat as food aid for Zambia

THE COMMISSION OF THE EUROPEAN that the tenders are as comparable as possible, account COMMUNITIES, 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 ; Having regard to the Treaty establishing the European Economic Community, Whereas the contract should be awarded to the tenderer offering the best terms ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas provision should be made for security to be tion of the market in cereals ('), as last amended by given to guarantee fulfilment of the obligations arising Regulation (EEC) No 1 254/78 (2), by virtue of participation in the invitation to tender ;

Having regard to Council Regulation (EEC) No Whereas the Belgian intervention agency should be 2750/75 of 29 October 1975 laying down the condi­ made responsible for the tendering procedure ; tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Whereas on 25 March 1976 the Council of the Euro­ and of those accepted by the intervention agency ; pean Communities declared that it proposed, by way of Community action, to grant 1 500 tonnes of Whereas the Monetary Committee will be consulted ; common wheat to Zambia under its 1975/76 food-aid whereas, in view of the urgency, the measures envis­ programme ; aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation Whereas pursuant to Article 3 (3) of Council Regula­ No 129 on the value of the unit of account and the tion (EEC) No 2750/75 the goods may be purchased exchange rates to be applied for the purposes of the anywhere on the Community market ; common agricultural policy (5), as last amended by Regulation (EEC) No 2543/73 (6), and in particular Article 3 thereof ; Whereas it has not been possible to deliver under the conditions laid down in Commission Regulation (EEC) No 2269/76 of 17 September 1976 opening an Whereas the measures provided for in this Regulation invitation to tender for the mobilization of common are in accordance with the opinion of the Manage­ ment Committee for Cereals, wheat as food aid for Zambia (4) the 1 500 tonnes of common wheat referred to in the Regulation ; whereas in order to meet the Community's commitments to Zambia a fresh invitation to tender for the delivery of the same amount of common wheat should be HAS ADOPTED THIS REGULATION : opened ;

Whereas the proposed invitation to tender should be Article 1 for supply of the products to the dock or in the lighter where applicable at the port of unloading ; 1 . Tenders are hereby invited for the supply, by way of Community food-aid action to Zambia, of Whereas tenders may be submitted by tenderers esta­ 1 500 tonnes of common wheat. blished in any Member State of the Community and may relate to products mobilized anywhere within 2. The tendering procedure shall take place in those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure Belgium in one lot. The product shall be mobilized on the Community market. The products shall be loaded for departure from any Community port. (») OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6. 1978 , p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No 106, 30 . 10. 1962, p. 2553/62. 4) OJ No L 255, 18 . 9 . 1976, p. 11 . (') OJ No L 263, 19 . 9. 1973, p. 1 .

16 . 12 . 78 Official Journal of the European Communities No L 352/ 21

3 . The invitation to tender provided for in para­ However, if the tenders submitted do not appear to graph 1 is for supply of products to the dock, or in reflect normal market prices and costs, the interven­ the lighter where applicable in the port of Dar es tion agency may cancel the invitation to tender. Salaam . 4. The product shall be delivered in bulk . Article 5

Article 2 1 . The tenderer shall give security in an amount of five units of account per tonne of goods . 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken It shall be released : on 4 January 1979 . — in the case of all tenderers whose tenders are 2. The closing date for the submission of tenders unsuccessful or are not accepted, shall be 4 January 1979 at 12 noon . — in the case of the successful tenderer, when the 3 . The notice of invitation to tender shall be operations concerned have been carried out within published in the Official Journal of the European the prescribed time limit and on submission of Communities not less than nine days before the the original export licence duly granted and closing date for the submission of tenders. endorsed by the competent authorities of the Member State mentioned in the tender pursuant Article 3 to Article 3 (2), 1 . The prices offered must be expressed in the — in the case of the successful tenderer for quantities currency of the Member State in which the invitation not supplied by reason of force majeure. to tender was issued . 2. The security required under paragraph 1 may be 2. Tenders must in particular mention the Member provided in the form of a cash deposit or of a State in which the tenderer, in the event of his being guarantee issued by a credit institution conforming to declared successful, expects to complete the customs criteria laid down by each Member State . export formalities for the products concerned. 3 . For the purpose of rendering the tenders compar­ Article 6 able, the prices shall , where appropriate, be corrected by the monetary compensatory amount applicable on The product referred to in Article 1 must be of fair the closing date for submission of tenders to exports and sound merchantable quality and correspond at from the Member State mentioned in the tender least to the standard quality for which the interven­ pursuant to paragraph 2. tion price is fixed, except that the moisture content shall not exceed 1 4-5 % and that a maximum of 3 % Such correction shall be made by : of sprouted grains and 1 -5 % of miscellaneous impuri­ — increasing prices which mention a Member State ties shall be allowed . whose currency has depreciated or a new Member State , Article 7 — reducing prices which mention a Member State whose currency has been revalued . 1 . The Belgian intervention agency shall be respon­ sible for the operations relating to the invitation to The monetary compensatory amount shall, where tender provided for by this Regulation . appropriate, be converted into the currency of the Member State in which the invitation to tender is 2 . It shall forthwith communicate to the Commis­ issued using : sion the list of firms which have responded to the invi­ — in the case when the currencies concerned are tation to tender, specifying the terms of each tender, kept at any given moment within a band of together with the name and business name of the 2-25 % , a conversion rate resulting from their successful tenderer . central rate, 3 . Where the customs export formalities for the — in the other cases, the average of the spot rates of mobilized product are completed in a Member State the currencies concerned recorded in the Member other than that in which the invitation to tender is State in which the invitation to tender is issued issued, the intervention agency of the latter Member during a period from the Wednesday of one week State shall be responsible for the operations following to the Tuesday of the following week, being the tendering, including payment to the successful period immediately preceding the closing date for tenderer . submission of tenders . In such case, the intervention agency choosing the Article 4 successful tenderer shall immediately inform the inter­ The contract shall be awarded to the tenderer offering vention agency of the Member State concerned and the best terms, taking into consideration the adjust­ shall supply it with all the information which it may ment referred to in Article 3 (3 ). require .

No L 352/22 16 . 12. 78 Official Journal of the European Communities

Furthermore, the amount of the successful tender 5. When the intervention agency responsible for shall be paid, after it has been converted using the the operations relating to tendering is not the interven­ average of the spot rates referred to in the third subpa­ tion agency which appoints the successful tenderer, it ragraph of Article 3 (3), to the tenderer in the shall send as soon as possible to the latter the informa­ currency of the Member State in which the operations tion necessary for releasing the security. relating to the tendering are completed. Article 8 4. The intervention agency shall ask that the tenderer specifies the following information : As regards this tender the intervention agency is auth­ (a) after shipment, a statement giving details of the orized to make an initial payment of 80 % of the quantities loaded, the quality of the products and value of the quantity given in the bill of lading, on their packaging ; presentation of that document and subject to the (b) the date of the departure of the ships, the expected taking of a security for an amount equal to the initial date of arrival of the products at their destination ; payment. (c) all possible contingencies which might occur Article 9 during transportation of the products. The intervention agency shall transmit the informa­ This Regulation shall enter into force on the day of its tion provided for to the Commission as soon as it is publication in the Official Journal of the European received . Communities.

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