31979R0377

24 . 2. 79 Official Journal of the European Communities No L 47/7

COMMISSION REGULATION ( EEC) No 377 /79 of 23 February 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme

THE COMMISSION OF THE EUROPEAN majeure the operation in question is not completed COMMUNITIES, within the time stipulated ;

Having regard to the Treaty establishing the European Whereas provision should be made for security to be Economic Community, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas the Italian intervention agency should be tion of the market in cereals ('), as last amended by made responsible for the tendering procedure in ques­ Regulation (EEC) No 1254/78 (2), tion ;

Having regard to Council Regulation (EEC) No Whereas it is important that the Commission be 2750/75 of 29 October 1975 laying down the condi­ informed without delay of the tenders submitted in tions for the mobilization of cereals as food aid (3), and response to the invitation and of those accepted by in particular Article 6 thereof, the intervention agency ;

Having regard to the opinion of the Monetary Whereas the measures provided for in this Regulation Committee, are in accordance with the opinion of the Manage­ ment Committee for Cereals, Whereas on 30 January 1978 the Council of the Euro­ pean Communities declared that it proposed, by way of Community action, to grant the equivalent of 2 869 tonnes of common wheat (in other words 1 900 HAS ADOPTED THIS REGULATION : tonnes of common wheat flour) to the World Food Programme under its 1977/78 food-aid programme ; Article 1 Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased 1 . Tenders are hereby invited for the supply to the anywhere on the Community market ; World Food Programme, by way of Community action , of 1 900 tonnes of common wheat flour. Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of 2. The tendering procedure shall take place in Italy the vessel, the goods to be set down at the place nomi­ in three lots. The product shall be mobilized on the nated by the recipient or its agent ; Community market. Loading shall be carried out in a Community port operating a regular service with the Whereas tenders may be submitted by tenderers esta­ recipient country. blished in any Member State of the Community and may relate to products mobilized anywhere within 3 . The product referred to in paragraph 1 is to be those Member States ; whereas, in view of the currency delivered in new jute sacks of a net capacity of 50 kilo­ situation in the Member States and in order to ensure grams to the port of shipment in the vicinity of the that the tenders are as comparable as possible, account vessel. The goods must be set down at the place nomi­ should be taken of the effect on each tender of the nated by the recipient country or its agent, the timing currency situation in the Member State in which the of delivery being settled by the tenderer and the recip­ customs export formalities will be completed ; ient country's agent.

Whereas the contract should be awarded to the Minimum weight of sacks shall be 600 grams . tenderer who makes the best offer ; The following shall be printed on the sacks : Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force — lot No 1 — 850 tonnes :

'Cyprus 464X / Wheat flour / Limassol / Gift of ( 1 ) OJ No L 281 , 1 . 11 . 1975, p. 1 . the European Economic Community / Action of (2) OJ No L 156, 14. 6. 1978 , p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . the World Food Programme' ;

No L 47/ 8 24 . 2 . 79 Official Journal of the European Communities

— lot No 2 — 750 tonnes : State in which the invitation to tender is issued 'Somalia 2326 / Wheat flour / Mogadiscio / Gift of during a period from the Wednesday of one week to the Tuesday of the following week being the the European Economic Community / Action of period immediately preceding the closing date for the World Food Programme' ; submission of tenders . — lot No 3 — 300 tonnes : 'Somalia 2326 / Wheat flour / Berbera / Gift of the Article 4 European Economic Community / Action of the World Food Programme'. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ To allow for the possibility of re-bagging, the ment referred to in Article 3 (3). successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the However, if the tenders submitted do not appear to goods but with the printing followed by a capital reflect normal market prices and costs, the interven­ letter ' R'. tion agency may cancel the invitation to tender.

Article 2 Article 5 1 . The award of the contract shall take place on 9 March 1979 . If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the 2. The closing date for submission of tenders shall notice of invitation to tender as a result of the late be 9 March 1979 at 12 noon . availability of the vessels to be used for sea transporta­ tion, resulting costs shall be borne by the intervention 3 . The notice of invitation to tender shall be agency. published in the Official Journal of the European Communities not less than nine days before the Article 6 closing date for submission of tenders.

1 . The tenderer shall give security in an amount of Article 3 10 units of account per tonne of goods.

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

— in the case when the currencies concerned are common wheat flour : kept at any given moment within a band of — moisture content : 14% maximum, 2-25 % , a conversion rate resulting from their central rate, — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ lated on the dry matter), — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member — ash content : 0-52 % maximum on the dry matter.

24 . 2 . 79 No L 47/9 Official Journal of the European Communities

If the goods referred to in Article 1 do not meet the Furthermore, the amount of the successful tender foregoing requirements they shall be rejected and the shall be paid after it has been converted using the successful tenderer shall be owner thereof. average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the 2. Tenders for supply of the goods referred to in currency of the Member State in which the operations Article 1 must relate to products with the following relating to the tendering are completed. characteristics : 4. The intervention agency shall request the common wheat flour : successful tenderer to supply the following informa­ — moisture content : 14 % maximum , tion : — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ (a) after each shipment a certificate showing the quan­ lated on the dry matter), tities dispatched and the quality of the products ; — ash content : 0-52 % maximum on the dry matter. (b) the date of departure of the vessels.

The information indicated above shall be forwarded Article 8 by the intervention agency to the Commission imme­ 1 . The Italian intervention agency shall be respon­ diately upon receipt. sible for the operations relating to the invitation to 5. When the agency responsible for the operations tender provided for by this Regulation . relating to tendering is not the intervention agency 2 . It shall forthwith communicate to the Commis­ which appoints the successful tenderer, it shall send as sion the list of firms which have responded to the invi­ soon as possible to the latter the information neces­ tation to tender, specifying the terms of each tender, sary for releasing the security. together with the name and business name of the successful tenderer. Article 9

3. Where the customs export formalities for the On delivery of the goods at the port of shipment, a mobilized product are completed in a Member State handing-over certificate shall be supplied to the other than that in which the invitation to tender is successful tenderer, acting as agent for the Commu­ issued, the intervention agency of the latter Member nity, by the agent of the recipient country or, in the State shall be responsible for the operations following absence of the latter, by the intervention agency of the tendering, including payment to the successful Member State in whose territory the port of shipment tenderer. is situated .

In such case, the intervention agency choosing the Article 10 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and This Regulation shall enter into force on the day of its shall supply it with all the information which it may publication in the Official Journal of the European Communities. require .

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

Done at Brussels, 23 February 1979 .

For the Commission

Finn GUNDELACH

Vice-President