31979R1191

16 . 6 . 79 Official Journal of the European Communities No L 148 /41

COMMISSION REGULATION ( EEC) No 1191 /79

of 15 June 1979

opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of Sri Lanka

THE COMMISSION OF THE EUROPEAN Whereas it must be made clear who is to bear any COMMUNITIES, costs which arise in the event that for reasons of force majeure the operation in question is not completed Having regard to the Treaty establishing the European within the time stipulated ; Economic Community,

Whereas provision should be made for security to be Having regard to Council Regulation (EEC) No given to guarantee fulfilment of the obligations arising 2727/75 of 29 October 1975 on the common organiza­ by virtue of participation in the invitation to tender ; tion of the market in cereals ('), as last amended by Regulation (EEC) No 1 254/78 (2), Whereas the German intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure in ques­ 2750/75 of 29 October 1975 laying down the condi­ tion ; tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas it is important that the Commission be informed without delay of the tenders submitted in Having regard to Council Regulation No 129 on the response to the invitation and of those accepted by value of the unit of account and the exchange rates to the intervention agency ; be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) Whereas Council Regulation (EEC) No 652/79 of 29 No 2543/73 (5), and in particular Article 3 thereof, March 1979 (6) laid down the coefficient for expressing amounts, fixed in units of account, in Having regard to the opinion of the Monetary ECU ; Committee,

Whereas on 8 May 1979 the Council of the European Whereas the measures provided for in this Regulation Communities declared that it proposed, by way of are in accordance with the opinion of the Manage­ Community action, to grant the equivalent of 19 000 ment Committee for Cereals, tonnes of common wheat (in other words 12 583 tonnes of common wheat flour) to the Republic of Sri Lanka under its 1978/79 food-aid programme ; HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula­ 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 1 . Tenders are hereby invited for the supply to the the product to the port of shipment in the vicinity of Republic of Sri Lanka by way of Community action, the vessel, the goods to be set down at the place nomi­ of 12 583 tonnes of common wheat flour. nated by the recipient or its agent ;

Whereas tenders may be submitted by tenders esta­ 2. The tendering procedure shall take place in the blished in any Member State of the Community and Federal Republic of Germany and shall be in respect of one lot . 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 3 . The goods shall be mobilized on the Commu­ that the tenders are as comparable as possible, account nity market. should be taken of the effect on each tender of the currency situation in the Member State in which the 4. Shipment shall be from a Community port. customs export formalities will be completed ; 5. The product referred to in paragraph 1 is to be Whereas the contract should be awarded to the delivered in new jute sacks with a maximum gross tenderer who makes the best offer ; weight of 68-058 kilograms (minimum weight of sack being 910 grams) to the port of shipment in the (') OJ No L 281 , 1 . 11 . 1975, p. 1 . vicinity of the vessel . The goods must be set down at (2) OJ No L 156, 14. 6. 1978, p. 1 . the place nominated by the recipient country or its (3) OJ No L 281 , 1 . 11 . 1975, p. 89. (<) OJ No 106, 30 . 10 . 1962, p. 2553/62. (5) OJ No L 263 , 19 . 9 . 1973 , p. 1 . (*) OJ No L 84, 4 . 4. 1979 , p. 1 .

No L 148 /42 Official Journal of the European Communities 16 . 6 . 79

agent, the timing of delivery being settled by the Article 4 tenderer and the recipient country's agent. The contract shall be awarded to the tenderer offering The following shall be printed on the sacks : the best terms, taking into consideration the adjust­ 'Wheat flour / Gift of the European Economic ment referred to in Article 3 (3). Community to Sri Lanka.' However, if the tenders submitted do not appear to To allow for the possibility of re-bagging, the reflect normal market prices and costs, the interven­ successful tenderer shall supply 2 % of new empty tion agency may cancel the invitation to tender. sacks, of the same quality as those containing the goods but with the printing followed by a capital Article 5 letter 'R\

If the tenderer is unable to deliver the goods in Article 2 compliance with Article 1 (3) on the date given in the notice of invitation to tender as a result of the late 1 . The award of the contract shall take place on 28 availability of the vessels to be used for sea transporta­ June 1979 . tion, resulting costs shall be borne by the intervention 2. The closing date for submission of tenders shall agency . be 28 June 1979 at 12 noon .

3 . The notice of invitation to tender shall be Article 6 published in the Official Journal of the European 1 . The tenderer shall give security in an amount of Communities not less than nine days before the 12 ECU per tonne of goods. closing date for submission of tenders.

It shall be released : Article 3 — in the case of all tenderers whose tenders are 1 . The prices offered must be expressed in the unsuccessful or are not accepted, currency of the Member State in which the invitation — in the case of the successful tenderer, when the to tender was issued . operations concerned have been carried out within the prescribed time limit and on submission of 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being the original export licence duly granted and declared successful, expects to complete the customs endorsed by the competent authorities of the export formalities for the products concerned. Member State mentioned in the tender pursuant to Article 3 (2), 3. For the purpose of rendering the tenders compar­ — in the case of the successful tenderer, for quanti­ able, the prices shall be corrected by the monetary ties not supplied by reason of force majeure. compensatory amount applicable on the closing date for submission of tenders to exports from the Member 2. The security required under paragraph 1 may be State mentioned in the tender pursuant to paragraph provided in the form of a cash deposit or of a 2. Such correction shall be made by : guarantee issued by a credit institution conforming to criteria laid down by each Member State. — increasing prices which mention a Member State whose currency has depreciated, — reducing prices which mention a Member State Article 7 whose currency has been revalued. 1 . The goods referred to in Article 1 must meet the The monetary compensatory amount shall, where following requirements : appropriate, be converted into the currency of the Member State in which the invitation to tender is common wheat flour : issued using : — moisture content : 14% maximum , — in the case when the currencies concerned are — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ kept at any given moment within a band of lated on the dry matter), 2-25 % , a conversion rate resulting from their — ash content : 0-52 % maximum on the dry matter. central rate, — in the other cases, the average of the spot rates of If the goods referred to in Article 1 do not meet the the currencies concerned recorded in the Member foregoing requirements they shall be rejected and the State in which the invitation to tender is issued successful tenderer shall be owner thereof. during a period from the Wednesday of one week to the Tuesday of the following week being the 2. Tenders for supply of the goods referred to in period immediately preceding the closing date for Article 1 must relate to products with the following submission of tenders . characteristics :

16 . 6 . 79 No L 148 /43 Official Journal of the European Communities

common wheat 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 4. The intervention agency shall request the lated on the dry matter), successful tenderer to supply the following informa­ — ash content : 0-52 % maximum on the dry matter. tion :

(a) after each shipment a certificate showing the quan­ Article 8 tities dispatched and the quality of the products ; 1 . The German intervention agency shall be respon­ (b) the date of departure of the vessels. sible for operations relating to the invitation to tender The information indicated above shall be forwarded provided for by this Regulation . by the intervention agency to the Commission imme­ 2 . It shall forthwith communicate to the Commis­ diately upon receipt. sion the list of firms which have responded to the invi­ 5. When the agency responsible for the operations tation to tender, specifying the terms of each tender, relating to tendering is not the intervention agency together with the name and business name of the successful tenderer. which appoints the successful tenderer, it shall send as soon as possible to the latter the information neces­ 3. Where the customs export formalities for the sary for releasing the security. mobilized product are completed in a Member State other than that in which the invitation to tender is Article 9 issued, the intervention agency of the latter Member State shall be responsible for the operations following On delivery of the goods at the port of shipment, a tendering, including payment to the successful handing-over certificate shall be supplied to the tenderer. successful tenderer, acting as agent for the Commu­ nity, by the agent of the recipient country or, in the In such case, the intervention agency choosing the absence of the latter, by the intervention agency of the successful tenderer shall immediately inform the inter­ Member State in whose territory the port of shipment vention agency of the Member State concerned and is situated . shall supply it with all the information which it may require . Article 10 Furthermore, the amount of the successful tender shall be paid after it has been converted using the This Regulation shall enter into force on the day of its average of the spot rates referred to in the second publication in the Official Journal of the European Communities. subparagraph of Article 3 (3) to the tenderer in the

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

Done at Brussels, 15 June 1979 .

For the Commission

Finn GUNDELACH

Vice-President