31979R0554

24 . 3 . 79 Official Journal of the European Communities No L 73 / 5

COMMISSION REGULATION ( EEC) No 554/79 of 23 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 ( J ), as last amended by Whereas it must be made clear who is to bear any Regulation (EEC) No 1254/78 (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 1 208 are in accordance with the opinion of the Manage­ tonnes of common wheat (in other words 800 tonnes ment Committee for Cereals, 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 ;

Whereas tenders should be invited for the supply of Article 1 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 800 tonnes of common wheat flour. Whereas tenders may be submitted by tenders 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 one lot . situation in the Member States and in order to ensure

(>) OJ No L 281 , 1 . 11 . 1975, p. 1 . 3 . The goods shall be mobilized on the Commu­ (*) OJ No L 156, 14 . 6. 1978 , p. 1 . nity market . K>) 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.

No L 73 / 6 24 . 3 . 79 Official Journal of the European Communities

5. The product referred to in paragraph 1 is to be Member State in which the invitation to tender is delivered in new jute sacks of a net capacity of 50 kilo­ issued using : grams to the port of shipment in the vicinity of the — in the case when the currencies concerned are vessel . The goods must be set down at the place nomi­ nated by the recipient country or its agent, the timing kept at any given moment within a band of 2-25 % , a conversion rate resulting from their of delivery being settled by the tenderer and the recip­ central rate, ient country's agent. — in the other cases, the average of the spot rates of Minimum weight of sacks shall be 600 grams. the currencies concerned recorded in the Member State in which the invitation to tender is issued The following shall be printed on the sacks : during a period from the Wednesday of one week to the Tuesday of the following week being the ' Bolivia 2313 / Harina de trigo / Arica la Paz / period immediately preceding the closing date for Donación de la Comunidad económica europea / submission of tenders . Despachado por el Programa Mundial de alimentos'.

To allow for the possibility of re-bagging, the Article 4 successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the The contract shall be awarded to the tenderer offering goods but with the printing following by a capital letter ' R ' the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3).

Article 2 However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 1 . The award of the contract shall take place on 6 tion agency may cancel the invitation to tender. April 1979 .

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

Article 3 Article 6 1 . The prices offered must be expressed in the currency of the Member State in which the invitation 1 . The tenderer shall give security in an amount of to tender was issued . 10 units of account per tonne of goods.

2. Tenders must in particular mention the Member It shall be released : State in which the tenderer, in the event of his being declared successful, expects to complete the customs — in the case of all tenderers whose tenders are export formalities for the products concerned. unsuccessful or are not accepted,

— in the case of the successful tenderer, when the 3 . For the purpose of rendering the tenders compar­ operations concerned have been carried out within able, the prices shall be corrected by the monetary the prescribed time limit and on submission of compensatory amount applicable on the closing date the original export licence duly granted and for submission of tenders to exports from the Member endorsed by the competent authorities of the State mentioned in the tender pursuant to paragraph Member State mentioned in the tender pursuant 2. Such correction shall be made by : to Article 3 (2), — increasing prices which mention a Member State — in the case of the successful tenderer, for quanti­ whose currency has depreciated , ties not supplied by reason of force majeure. — reducing prices which mention a Member State whose currency has been revalued . 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a The monetary compensatory amount shall , where guarantee issued by a credit institution conforming to appropriate, be converted into the currency of the criteria laid down by each Member State .

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A rticle 7 In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ 1 . The goods referred to in Article 1 must meet the vention agency of the Member State concerned and following requirements : shall supply it with all the information which it may common wheat flour : require. — moisture content : 14 % maximum , Furthermore, the amount of the successful tender — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ shall be paid after it has been converted using the lated on the dry matter), average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the — ash content : 0-52 % maximum on the dry matter. currency of the Member State in which the operations If the goods referred to in Article 1 do not meet the relating to the tendering are completed. foregoing requirements they shall be rejected and the 4. The intervention agency shall request the successful tenderer shall be owner thereof. successful tenderer to supply the following informa­ tion : 2. Tenders for supply of the goods referred to in Article 1 must relate to products with the following (a) after each shipment a certificate showing the quan­ characteristics : tities dispatched and the quality of the products ; com m o n when t flou r : (b) the date of departure of the vessels. — moisture content : 14% maximum , The information indicated above shall be forwarded — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ by the intervention agency to the Commission imme­ lated on the dry matter), diately upon receipt. — ash content : 0-52 % maximum on the dry matter. 5. When the agency responsible for the operations relating to tendering is not the intervention agency Article 8 which appoints the successful tenderer, it shall send as soon as possible to the latter the information neces­ 1 . The German intervention agency shall be respon­ sary for releasing the security. sible for operations relating to the invitation to tender provided for by this Regulation . Article 9 2 . It shall forthwith communicate to the Commis­ On delivery of the goods at the port of shipment, a sion the list of firms which have responded to the invi­ handing-over certificate shall be supplied to the tation to tender, specifying the terms of each tender, successful tenderer, acting as agent for the Commu­ together with the name and business name of the nity, by the agent of the recipient country or, in the successful tenderer . absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment 3 . Where the customs export formalities for the is situated . 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 publication in the Official Journal of the European tenderer . Communities.

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

Done at Brussels, 23 March 1979 . For the Commission

Finn GUNDELACH Vice-President