31979R1192

No L 148 /44 Official Journal of the European Communities 16 . 6 . 79

COMMISSION REGULATION ( EEC) No 1192/79 of 15 June 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for Jibuti

THE COMMISSION OF THE EUROPEAN currency situation in the Member State in which the COMMUNITIES, customs export formalities will be completed ;

Whereas the award under the invitation to tender Having regard to the Treaty establishing the European Economic Community, must be made in favour of the tenderer offering the best terms ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas, should force majeure make it impossible to tion of the market in cereals ('), as last amended by complete the operation in question within the time Regulation (EEC) No 1 254/78 (2), limits specified, it must be made clear who is to bear the liability for any resulting costs ; Having regaru to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas provision should be made for security to be tions for the mobilizaLion of cereals as food aid (3), and given for the purpose of guaranteeing that the obliga­ in particular Article 6 thereof, tions arising by virtue of participation in the invita­ tion to tender for supplies to Jibuti will be fulfilled ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas the Belgian intervention agency should be be applied for the purposes of the common agricul­ made responsible for the tendering procedure ; tural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to the opinion of the Monetary and of those accepted by the intervention agency ; Committee , Whereas Council Regulation (EEC) No 652/79 of 29 March 1 979 (6) laid down the coefficient for Whereas on 8 May 1979 the Council of the European Communities declared that it proposed, by way of expressing amounts, fixed in units of account, in ECU ; Community action, to grant the equivalent of 751 tonnes of common wheat (in other words 497 tonnes of common wheat flour) to Jibuti under its 1977/78 Whereas the measures provided for in this Regulation food-aid programme ; are in accordance with the opinion of the Manage­ 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 the proposed invitation to tender should be for supply of the products delivered to Jibuti, that is Article 1 at the moment when the goods are actually placed on the dock or in the lighter where applicable ; 1 . Tenders are hereby invited for the supply to Whereas tenders may be submitted by tenderers esta­ Jibuti, by way of Community action, of 497 tonnes of common wheat flour . blished in any Member State of the Community and may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 2. The tendering procedure shall take place in situation in the Member States and in order to ensure Belgium in one lot. that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 3 . The products shall be mobilized on the Commu­ nity market . (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6 . 1978 , p. 1 . 4. Shipment shall be from a Community port. (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 . (6) OJ No L 84, 4. 4. 1979 , p. 1 .

16 . 6 . 79 No L 148 /45 Official Journal of the European Communities

5. The invitation to tender provided for in para­ — reducing prices which mention a Member State graph 1 is for supply of products delivered to Jibuti, whose currency has been revalued . that is at the moment when the goods are actually placed on the dock or in the lighter where applicable . The monetary compensatory amount shall, where appropriate, be converted into the currency of the 6 . The successful tenderer shall deliver the product Member State in which the invitation to tender is specified in paragraph 1 in new jute sacks lined with issued using : cotton sacks of a net capacity of 50 kilograms. — in the case when the currencies concerned are kept at any given moment within a band of The following shall be printed on the sacks : 2-25 % , a conversion rate resulting from their ' Farine de froment / Don de la Communauté écono­ central rate, mique européenne à la république de Djibouti '. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member State in which the invitation to tender is issued To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty during a period from the Wednesday of one week sacks, of the same quality as those containing the to the Tuesday of the following week being the goods but with the printing followed by a capital period immediately preceding the closing date for letter ' R '. submission of tenders .

Article2¶

1 . T^e decision on tenders received in xesponsc The contract shall be awarded to the tenderer offering the invitaflbr, " provided for in Afffcle f shall be taken the best terms, taking into consideration the adjust­ on 28 June 1979 . ment referred to in Article 3 (3).

2. The closing date for the submission of tenders However, if the tenders submitted do not appear to shall be 28 June 1979 at 12 noon . reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 3 . The notice of invitation to tender shall be published in the Official Journal of the European Communities not less than nine days before the closing date for the submission of tenders . Article 5

1 . The tenderer shall give security in an amount of Article 3 12 ECU per tonne of goods.

It shall be released : 1 . The prices offered must be expressed in the 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 purusant able, the prices shall, where appropriate, be corrected to Article 3 (2), by the monetary compensatory amount applicable on — in the case of the successful tenderer for quantities the closing date for submission of tenders to exports not supplied by reason of force majeure. from the Member State mentioned in the tender pursuant to paragraph 2. Such correction shall be made by : 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a — increasing prices which mention a Member State guarantee issued by a credit institution conforming to whose currency has depreciated, criteria laid down by each Member State .

No L 148 /46 16 . 6 . 79 Official Journal of the European Communities

Article 6 vention agency of the Member State concerned and shall supply it with all the information which it may 1 . The common wheat flour referred to in Article 1 require . to be supplied to Jibuti must meet the following re­ quirements : Furthermore, the amount of the successful tender shall be paid after it has been converted using the — moisture : 1 2 % maximum, average of the spot rates referred to in the second — protein content : 10.5 % minimum (N x 6-25 on subparagraph of Article 3 (3) to the tenderer in the dry matter), currency of the Member State in which the operations — ash content : 0.52 % maximum referred to dry relating to the tendering are completed. matter . 4. The intervention agency shall ask that the Flour not meeting these requirements shall be tenderer specifies the following information : refused . (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products 2. Tenders for supply to Jibuti of the common wheat flour referred to in Article 1 must relate to a and their packaging ; product with the following characteristics : (b) the date of the departure of the ships and the expected date of arrival of the products at their — moisture : 1 2 % maximum , destination ; — protein content : 10.5 % minimum (N x 6.25 on (c) all possible contingencies which might occur dry matter), during transportation of the products . — ash content : 0.52 % maximum referred to dry matter. The intervention agency shall transmit the informa­ tion provided for to the Commission as soon as it is received . Article 7 5. When the intervention agency responsible for 1 . The Belgian intervention agency shall be respon­ the operations relating to tendering is not the interven­ sible for the operations relating to the invitation to tion agency which appoints the successful tenderer, it tender provided for by this Regulation. shall send as soon as possible to the latter the informa­ 2 . It shall forthwith communicate to the Commis­ tion necessary for releasing the security. sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, Article 8 together with the name and business name of the successful tenderer. As regards this tender, the intervention agency is auth­ orized to make an initial payment of 80 % of the 3. Where the customs export formalities for the value of the quantity given in the bill of lading, on mobilized product are completed in a Member State presentation of that document and subject to the other than that in which the invitation to tender is taking of a security for an amount equal to the initial issued, the intervention agency of the latter Member payment . State shall be responsible for the operations following tendering, including payment to the successful ten­ Article 9 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 successful tenderer shall immediately inform the inter­ Communities.

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