31979R0306

No L 42/ 14 17 . 2 . 79 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 306/ 79 of 16 February 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the League of Red Cross Societies

THE COMMISSION OF THE EUROPEAN Whereas the French 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 Whereas the measures provided for in this Regulation Regulation ( EEC) No 1 254/78 (2), are in accordance with the opinion of the Manage­ ment Committee for Cereals, Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3 ), and HAS ADOPTED THIS REGULATION : in particular Article 6 thereof,

Having regard to the opinion of the Monetary Article 1 Committee, 1 . Tenders are hereby invited for the supply to the Whereas on 30 January 1978 the Council of the Euro­ League of Red Cross Societies, by way of Community pean Communities declared that it proposed, by way food-aid action , of 1 000 tonnes of common wheat of Community action , to grant the equivalent of 1 510 flour. tonnes of common wheat (in other words 1 000 tonnes of common wheat flour) to the League of Red 2 . The tendering procedure shall take place in Cross Societies under its 1977/ 78 food-aid France in one lot. The product shall be mobilized on programme ; the Community market . The product shall be loaded for departure from any Community port. Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased 3 . The invitation to tender provided for in para­ anywhere on the Community market ; graph 1 is for supply of products to the dock, or in the lighter where applicable, in the port of Colombo. Whereas the proposed invitation to tender should be for supply of the products to the dock or in the 4. The successful tenderer shall deliver the product lighter where applicable at the port of unloading ; specified in paragraph 1 in new jute sacks of a net capacity of 68 058 kilograms. Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and Minimum weight of the sacks shall be 910 grams . may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 5 . The following shall be printed on the sacks : situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 'Wheat flour / Gift of the European Economic should be taken of the effect on each tender of the Community to Sri Lanka'. currency situation in the Member State in which the customs export formalities will be completed ; To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty Whereas the award under the invitation to tender sacks, of the same quality as those containing the must be made to the tenderer offering the best terms ; goods but with the printing followed by a capital letter ' R \ Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising A rticle 2 by virtue of participation in the invitation to tender ; 1 . The decision on tenders received in response to (') OJ No L 281 , 1 . 11 . 1975, p . 1 . (2) OJ No L 156, 14 . 6 . 1978 , p . 1 . the invitation provided for in Article 1 shall be taken P ) OJ No L 281 , 1 . 11 . 1975, p . 89 . on 2 March 1979 .

17 . 2 . 79 No L 42/ 15 Official Journal of the European Communities

2. The closing date for the submission of tenders It shall be released : shall be 2 March 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 the 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 to Article 3 (2), 1 . The prices offered must be expressed in the 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 Article 6 able, the prices shall , where appropriate, be corrected by the monetary compensatory amount applicable on 1 . The common wheat flour referred to in Article 1 the closing date for submission of tenders to exports to be supplied to the League of Red Cross Societies from the Member State mentioned in the tender must meet the following requirements : pursuant to paragraph 2. Such correction shall be — moisture : 14 % maximum , made by : — protein content : 10-5 % minimum (N x 6-25 on — increasing prices which mention a Member State dry matter), whose currency has depreciated, — ash content : 0-52 % maximum referred to dry — reducing prices which mention a Member State matter . whose currency has been revalued . Flour not meeting these requirements shall be The monetary compensatory amount shall , where refused . appropriate, be converted into the currency of the Member State in which the invitation to tender is 2. Tenders for supply to the League of Red Cross Societies of the common wheat flour referred to in issued using : Article 1 must relate to a product with the following — in the case when the currencies concerned are characteristics : kept at any given moment within a band of — moisture : 14% maximum , 2-25 % , a conversion rate resulting from their central rate , — protein content : 10-5 % minimum (N x 6-25 on dry matter), — in other cases, the average of the spot rates of the currencies concerned recorded in the Member — ash content : 0-52 % maximum referred to dry State in which the invitation to tender is issued matter . during a period from the Wednesday of one week to the Tuesday of the following week being the Article 7 period immediately preceding the closing date for submission of tenders . 1 . The French intervention agency shall be respon­ sible for organizing the invitation to tender provided for by this Regulation . Article 4 2. It shall forthwith communicate to the Commis­ The contract shall be awarded to the tenderer offering sion the list of firms which have responded to the invi­ the best terms, taking into consideration the adjust­ tation to tender, specifying the terms of each tender, ment referred to in Article 3 (3). together with the name and business name of the successful tenderer . However, if the tenders submitted do not appear to reflect normal prices and costs, the intervention 3 . Where the customs export formalities for the agency may cancel the invitation to tender. mobilized product are completed in a Member State other than that in which the invitation to tender is Article 5 issued, the intervention agency of the latter Member State shall be responsible for the operations following 1 . The tenderer shall give security of an amount of tendering, including payment to the successful 10 units of account per tonne of goods . tenderer.

No L 42 / 16 17 . 2 . 79 Official Journal of the European Communities

In such case, the intervention agency choosing the The information indicated above shall be forwarded successful tenderer shall immediately inform the inter­ by the intervention agency to the Commission imme­ vention agency of the Member State concerned and diately upon receipt. shall supply it with all the information which it may 5. When the intervention agency responsible for require . the operations relating to tendering is not the interven­ Furthermore , the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid after it has been converted using the shall send as soon as possible to the latter the informa­ average of the spot rates referred to in the second tion necessary for releasing the security. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 8 relating to the tendering are completed . As regards this tender, the intervention agency is auth­ 4. The intervention agency shall request the orized to make an initial payment of 80 % of the successful tenderer to supply the following informa­ tion : value of the quantity given in the bill of lading, on presentation of that document and subject to the (a) after each shipment, a statement giving details of taking of a security for an amount equal to the initial the quantities loaded, the quality of the products payment . and the type of packing ; (b) the date of the departure of the ships ; the esti­ Article 9 mated date of arrival of the products at their desti­ nation ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European Communities. during transportation of the products .

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

Done at Brussels , 16 February 1979 . For the Commission

Finn GUNDELACH Vice-President