31979R0248

No L 36/ 12 Official Journal of the European Communities 10 . 2 . 79

COMMISSION REGULATION ( EEC) No 248 / 79 of 9 February 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Rwanda

THE COMMISSION OF THE EUROPEAN Whereas the Belgian intervention agency should be COMMUNITIES, made responsible for the tendering procedure in ques­ tion ; Having regard to the Treaty establishing the European Economic Community, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( !), as last amended by Regulation ( EEC) No 1 254/78 (2), Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Having regard to Council Regulation (EEC) No ment Committee for Cereals, 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof,

Having regard to the opinion of the Monetary HAS ADOPTED THIS REGULATION : Committee,

Whereas on 30 January 1978 the Council of the Euro­ Article 1 pean Communities declared that by way of Commu­ nity action it proposed to grant the Republic of Rwanda 2 000 tonnes of common wheat under its 1 . Tenders are hereby invited for the supply by way 1977/78 food-aid programme ; of Community food-aid action to the Republic of Rwanda of 2 000 tonnes of common wheat . Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased 2. The tendering procedure shall take place in anywhere on the Community market ; Belgium in two lots. Whereas the proposed invitation to tender should be for supply of the products delivered to Ruhenjeri ; 3 . The products shall be mobilized on the Commu­ nity market. Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and may relate to products mobilized anywhere within 4. Shipment shall be from a Community port. those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 5. The invitation to tender provided for in para­ that the tenders are as comparable as possible, account graph 1 is for supply of the products delivered to should be taken of the effect on each tender of the Ruhenjeri . currency situation in the Member State in which the customs export formalities will be completed ; 6 . The successful tenderer shall deliver the Whereas the contract should be awarded to the products specified in paragraph 1 in new jute sacks of a net capacity of 50 kilograms. tenderer offering the best terms ;

Whereas in case it should be impossible for reasons of Minimum weight of the sacks shall be 600 grams. The force majeure to complete the operation in question following shall be printed on the sacks : within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; Froment tendre / Don de la Communauté écono­ mique européenne à la république du Rwanda'. Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising To allow for the possibility of re-bagging, the by virtue of participation in the invitation to tender ; successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the ( 1 ) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6 . 1978 , p. 1 . goods but with the printing followed by a capital (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . letter ' R'.

10 . 2 . 79 No L 36/ 13 Official Journal of the European Communities

Article2¶

1 . The decision on tenders received in response to 1 . The tenderer shall give security in an amount of the invitation provided for in Article 1 shall be taken five units of account per tonne of goods. on 23 February 1979 . It shall be released : 2. The closing date for the receipt of tenders shall be 23 February 1979 at 12 noon . — in the case of all tenderers whose tenders are 3 . The notice of invitation to tender shall be unsuccessful or are not accepted, published in the Official Journal of the European — in the case of the successful tenderer, when the Communities not less than nine days before the operations concerned have been carried out within closing date for submission of tenders. the prescribed time limit and on submission of the original export licence duly granted and endorsed by the competent authorities of the Article 3 Member State mentioned in the tender pursuant 1 . The prices offered must be expressed in the to Article 3 (2), currency of the Member State in which the invitation — in the case of the successful tenderer, for quanti­ to tender was issued . ties not supplied by reason of force majeure.

2 . Tenders must in particular mention the Member 2. The security required under paragraph 1 may be State in which the tenderer, in the event of his being provided in the form of a cash deposit or of a declared successful, expects to complete the customs guarantee issued by a credit institution conforming to export formalities for the products concerned . criteria laid down by each Member State. 3 . For the purpose of rendering the tenders compar­ able, the prices shall , where appropriate, be corrected Article 6 by the monetary compensatory amount applicable on the closing date for submission of tenders to exports from the Member State mentioned in the tender The product referred to in Article 1 must be of fair pursuant to paragraph 2. Such correction shall be and sound merchantable quality and correspond at made by : least to the standard quality for which the interven­ tion price is fixed, except that the moisture content — increasing prices which mention a Member State shall not exceed 14-5 % and that a maximum of 3 % whose currency has depreciated, of sprouted grains and 1-5 % of miscellaneous impuri­ — reducing prices which mention a Member State ties shall be allowed . whose currency has been revalued .

The monetary compensatory amount shall, where Article 7 appropriate, be converted into the currency of the Member State in which the invitation to tender is 1 . The Belgian intervention agency shall be respon­ issued using : sible for operations relating to the invitation to tender — in the case when the currencies concerned are provided for by this Regulation . kept at any given moment within a band of 2-25 % , a conversion rate resulting from their 2 . It shall forthwith communicate to the Commis­ central rate , sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member together with the name and business name of the successful tenderer . State in which the invitation to tender is issued during a period from the Wednesday of one week to the Tuesday of the following week being the 3. Where the customs export formalities for the period immediately preceding the closing date for mobilized product are completed in a Member State submission of tenders . other than that in which the invitation to tender is issued, the intervention agency of the latter Member State shall be responsible for the operations following Article 4 tendering, including payment to the successful ten­ derer . The contract shall be awarded to the tenderer offeing the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ However, if the tenders submitted do not appear to vention agency of the Member State concerned and reflect normal market prices and costs, the interven­ shall supply it with all the information which it may tion agency may cancel the invitation to tender. require .

No L 36/ 14 10 . 2 . 79 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 second tion agency which appoints the successful tenderer, it subparagraph 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 .

4. The intervention agency shall ask that the Article 8 tenderer specifies the following information : As regards this tender the intervention agency is auth­ (a) after each shipment, a statement giving details of orized to make an initial payment of 80 % of the the quantities loaded, the quality of the products value of the quantity given in the bill of lading, on and their packaging ; presentation of that document and subject to the (b) the date of the departure of the ships ; the taking of a security for an amount equal to the initial expected date of arrival of the products at their payment . destination ; (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, 9 February 1979 . For the Commission

Finn GUNDELACH Vice-President