31979R1090

2 . 6 . 79 No L 136 / 5 Official Journal of the European Communities

COMMISSION REGULATION ( EEC ) No 1090 / 79 of 1 June 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 Whereas the contract should be awarded to the COMMUNITIES , tenderer who makes the best offer ;

Having regard to the Treaty establishing the European Whereas it must be made clear who is to bear any Economic Community, costs which arise in the event that for reasons of force majeure the operation in question is not completed Having regard to Council Regulation ( EEC) No within the time stipulated ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Whereas provision should be made for security to be Regulation ( EEC) No 1 254/ 78 (-'), given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; 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 the German intervention agency should be in particular Article 6 thereof, made responsible for the tendering procedure in ques­ tion ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas it is important that the Commission be be applied for the purposes of the common agricul­ informed without delay of the tenders submitted in tural policy (4 ), as last amended by Regulation ( EEC) response to the invitation and of those accepted by No 2543/73 (5), and in particular Article 3 thereof, the intervention agency ;

Having regard to the opinion of the Monetary Committee, Whereas Council Regulation ( EEC) No 652/79 of 29 March 1 979 ( b) laid down the coefficient for expressing amounts, fixed in units of account, in Whereas on 30 January 1978 the Council of the Euro­ ECU ; pean Communities declared that it proposed , by way of Community action , to grant the equivalent of 728 tonnes of common wheat ( in other words 482 tonnes Whereas the measures provided for in this Regulation of common wheat flour) to the World Food are in accordance with the opinion of the Manage­ Programme under its 1977/78 food-aid programme ; ment Committee for Cereals ,

Whereas pursuant to Article 3 (3) of Council Regula­ tion ( EEC) No 2750 /75 the goods may be purchased anywhere on the Community market ; HAS ADOPTED THIS REGULATION : 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 Article 1 nated by the recipient or its agent ; 1 . Tenders are hereby invited for the supply to the Whereas tenders may be submitted by tenders esta­ World Food Programme , by way of Community blished in any Member State of the Community and action , of 482 tonnes of common wheat flour. may relate to products mobilized anywhere within those Member States ; whereas , in view of the currency situation in the Member States and in order to ensure 2. The tendering procedure shall take place in the Federal Republic of Germany and shall be in respect that the tenders are as comparable as possible, account of one lot . 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 ; 3 . The goods shall be mobilized on the Commu­ nity market . (') O I No L 281 , I. 11 . 1975, p . 1 . (:) OÌ No L 156, 14. 6. 1978, p. 1 . 4 . Shipment shall be from a Community port . (•) O'l No L 28 1 , 1 . 1 1 . 1 975, p. 89 . (4 ) O'l No 106, 30. 10 . 1962, p. 2553 /62. (s ) 0"| No L 263, 19. 9 . 1 973, p. 1 . (") OJ No L 84, 4 . 4 . 1979 , p. 1 .

No L 136 / 6 2 . 6 . 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 kept at any given moment within a band of nated by the recipient country or its agent , the timing 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 the currencies concerned recorded in the Member Minimum weight of sacks shall be 600 grams . 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 'Sudan 645X / Wheat flour / Port Sudan / Gift of the period immediately preceding the closing date for European Economic Community / Action of the submission of tenders . World Food Programme .'

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 the best terms, taking into consideration the adjust­ letter * R \ ment referred to in Article 3 (3 ).

However, if the tenders submitted do not appear to Article 2 reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 1 . The award of the contract shall take place on 15 June 1979 . Article 5 2. The closing date for submission of tenders shall be 15 June 1979 at 12 noon . If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the 3 . The notice of invitation to tender shall be notice of invitation to tender as a result of the late published in the Official Journal of the European availability of the vessels to be used for sea transporta­ Communities not less than nine days before the tion , resulting costs shall be borne by the intervention closing date for submission of tenders . agency .

Article J Article 6

1 . The prices offered must be expressed in the 1 . The tenderer shall give security in an amount of currency of the Member State in which the invitation 1 2 ECU per tonne of goods. to tender was issued .

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 .

2 . 6 . 79 No L 136 / 7 Official Journal of the European Communities

Article 7 vention agency of the Member State concerned and shall supply it with all the information which it may 1 . The goods referred to in Article 1 must meet the require . following requirements : common wheat flour : Furthermore , the amount of the successful tender shall be paid after it has been converted using the — moisture content : 14% maximum , average of the spot rates referred to in the second — acidity : 4 ml NaOH /n maximum per 100 g (calcu­ subparagraph of Article 3 (3 ) to the tenderer in the lated on the dry matter), currency of the Member State in which the operations — ash content : 0-52 % maximum on the dry matter. relating to the tendering are completed . If the goods referred to in Article 1 do not meet the 4. The intervention agency shall request the foregoing requirements they shall be rejected and the successful tenderer to supply the following informa­ successful tenderer shall be owner thereof . tion : 2 . Tenders for supply of the goods referred to in (a) after each shipment a certificate showing the quan­ Article 1 must relate to products with the following tities dispatched and the quality of the products ; characteristics : (b) the date of departure of the vessels . common wheat flour : — 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 sion the list of firms which have responded to the invi­ On delivery of the goods at the port of shipment, a tation to tender, specifying the terms of each tender, handing-over certificate shall be supplied to the together with the name and business name of the successful tenderer . successful tenderer, acting as agent for the Commu­ nity, by the agent of the recipient country or, in the 3 . Where the customs export formalities for the absence of the latter, by the intervention agency of the mobilized product arc completed in a Member State Member State in whose territory the port of shipment other than that in which the invitation to tender is is situated . issued, the intervention agency of the latter Member State shall be responsible for the operations following Article 10 tendering, including payment to the successful ten­ derer . This Regulation shall enter into force on the day of its In such case, the intervention agency choosing the publication in the Official Journal of the European Communities. successful tenderer shall immediately inform the inter­

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

Done at Brussels , 1 June 1979 .

For the Commission

Finn GUNDHLACH

Vice-President