31979R0474

10 . 3 . 79 Official Journal of the European Communities No L 59 / 13

COMMISSION REGULATION ( EEC) No 474/ 79 of 9 March 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 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 who makes the best offer ; Having regard to Council Regulation ( EEC) No 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Whereas it must be made clear who is to bear any Regulation (EEC) No 1 254/78 (2), costs which arise in the event that for reasons of force majeure the operation in question is not completed within the time stipulated ; 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 Whereas provision should be made for security to be in particular Article 6 thereof, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas the German intervention agency should be be applied for the purposes of the common agricul­ made responsible for the tendering procedure in ques­ tural policy (4 ), as last amended by Regulation (EEC) tion ; No 2543 / 73 (5 ), and in particular Article 3 thereof, Whereas it is important that the Commission be Having regard to the opinion of the Monetary informed without delay of the tenders submitted in Committee, response to the invitation and of those accepted by the intervention agency ; Whereas on 30 January 1978 the Council of the Euro­ pean Communities declared that it proposed, by way Whereas the measures provided for in this Regulation of Community action, to grant the equivalent of 5 291 are in accordance with the opinion of the Manage­ tonnes of common wheat (in other words 3 504 ment Committee for Cereals, tonnes of common wheat flour) to the World Food Programme under its 1977/78 food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ HAS ADOPTED THIS REGULATION : tion ( EEC) No 2750 /75 the goods may be purchased anywhere on the Community market ;

Article 1 Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ 1 . Tenders are hereby invited for the supply to the nated by the recipient or its agent ; World Food Programme, by way of Community action , of 3 504 tonnes of common wheat flour. Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 2. The tendering procedure shall take place in the may relate to products mobilized anywhere within Federal Republic of Germany and shall be in respect those Member States ; whereas, in view of the currency of two lots . situation in the Member States and in order to ensure

3 . The goods shall be mobilized on the Commu­ (■) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6. 1978 , p. 1 . nity market. 3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4 ) OJ No 106, 30 . 10 . 1962, p. 2553/62. 5) OJ No L 263, 19. 9. 1973, p. 1 . 4. Shipment shall be from a Community port.

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5. The product referred to in paragraph 1 is to be The monetary compensatory amount shall , where delivered in new jute sacks of a net capacity of 50 kilo­ appropriate, be converted into the currency of the grams to the port of shipment in the vicinity of the Member State in which the invitation to tender is vessel. The goods must be set down at the place nomi­ issued using : nated by the recipient country or its agent, the timing — in the case when the currencies concerned are of delivery being settled by the tenderer and the recip­ ient country's agent. kept at any given moment within a band of 2-25 % , a conversion rate resulting from their central rate, Minimum weight of sacks shall be 600 grams. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member The following shall be printed on the sacks : State in which the invitation to tender is issued ' Lebanon 2473 / Wheat flour / Beirut / Gift of the during a period from the Wednesday of one week EEC / Action of the World Food Programme'. to the Tuesday of the following week being the 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 goods but with the printing following by a capital Article 4 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).

1 . The award of the contract shall take place on 23 However, if the tenders submitted do not appear to March 1979 . reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 2. The closing date for submission of tenders shall be 23 March 1979 at 12 noon . Article 5 3 . The notice of invitation to tender shall be published in the Official Journal of the European If the tenderer is unable to deliver the goods in Communities not less than nine days before the compliance with Article 1 (3) on the date given in the closing date for submission of tenders. notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ tion , resulting costs shall be borne by the intervention Article 3 agency .

1 . The prices offered must be expressed in the currency of the Member State in which the invitation Article 6 to tender was issued .

1 . The tenderer shall give security in an amount of 2. Tenders must in particular mention the Member 10 units of account per tonne of goods. State in which the tenderer, in the event of his being declared successful, expects to complete the customs It shall be released : export formalities for the products concerned.

— in the case of all tenderers whose tenders are 3 . For the purpose of rendering the tenders compar­ unsuccessful or are not accepted, able, the prices shall be corrected by the monetary — in the case of the successful tenderer, when the compensatory amount applicable on the closing date for submission of tenders to exports from the Member operations concerned have been carried out within State mentioned in the tender pursuant to paragraph the prescribed time limit and on submission of 2. Such correction shall be made by : the original export licence duly granted and endorsed by the competent authorities of the — increasing prices which mention a Member State Member State mentioned in the tender pursuant whose currency has depreciated , to Article 3 (2), — reducing prices which mention a Member State — in the case of the successful tenderer, for quanti­ whose currency has been revalued . ties not supplied by reason of force majeure.

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2. The security required under paragraph 1 may be In such case, the intervention agency choosing the provided in the form of a cash deposit or of a successful tenderer shall immediately inform the inter­ guarantee issued by a credit institution conforming to vention agency of the Member State concerned and criteria laid down by each Member State . shall supply it with all the information which it may require . Article 7 Furthermore, the amount of the successful tender 1 . The goods referred to in Article 1 must meet the shall be paid after it has been converted using the following requirements : average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the co m m o n ivhea t flour : currency of the Member State in which the operations — moisture content : 14% maximum , relating to the tendering are completed . — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ lated on the dry matter), 4 . The intervention agency shall request the — ash content : 0-52 % maximum on the dry matter. successful tenderer to supply the following informa­ tion : If the goods referred to in Article 1 do not meet the foregoing requirements they shall be rejected and the (a) after each shipment a certificate showing the quan­ successful tenderer shall be owner thereof . tities dispatched and the quality of the products ; 2. Tenders for supply of the goods referred to in (b) the date of departure of the vessels . Article 1 must relate to products with the following characteristics : The information indicated above shall be forwarded by the intervention agency to the Commission imme­ common wheat flour : diately upon receipt . — moisture content : 14% maximum , — acidity : 4 ml NaOH/ n maximum per 100 g (calcu­ 5. When the agency responsible for the operations lated on the dry matter), relating to tendering is not the intervention agency — ash content : 0-52 % maximum on the dry matter. which appoints the successful tenderer, it shall send as soon as possible to the latter the information neces­ sary for releasing the security . Article 8

1 . The German intervention agency shall be respon­ Article 9 sible for operations relating to the invitation to tender provided for by this Regulation . On delivery of the goods at the port of shipment, a 2 . It shall forthwith communicate to the Commis­ handing-over certificate shall be supplied to the sion the list of firms which have responded to the invi­ successful tenderer, acting as agent for the Commu­ tation to tender, specifying the terms of each tender, nity, by the agent of the recipient country or, in the together with the name and business name of the absence of the latter, by the intervention agency of the successful tenderer . Member State in whose territory the port of shipment is situated . 3 . Where the customs export formalities for the mobilized product are completed in a Member State other than that in which the invitation to tender is Article 10 issued, the intervention agency of the latter Member State shall be responsible for the operations following This Regulation shall enter into force on the day of its tendering, including payment to the successful ten­ publication in the Official Journal of the European derer. Communities.

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

Done at Brussels, 9 March 1979 . For the Commission

Finn GUNDELACH Vice-President