31979R1469

No L 177 /46 14 . 7 . 79 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1469/79 of 13 July 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Arab Republic of Egypt

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 1254/78 (2), given to guarantee fulfilment of obligations arising by virtue of participation in the invitation to tender for Having regard to Council Regulation (EEC) No the supply of goods to the Arab Republic of Egypt ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the French intervention agency should be in particular Article 6 thereof, made responsible for organizing 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 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 the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas on 8 May 1979 the Council of the European ment Committee for Cereals, Communities declared that by way of Community action it proposed to grant the Arab Republic of Egypt the equivalent of 90 000 tonnes of common HAS ADOPTED THIS REGULATION : wheat, in the form of flour, i.e. 64 800 tonnes of common wheat flour, under its 1978 / 79 food-aid programme ; Article 1 Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased 1 . An invitation to tender shall be issued in respect anywhere on the Community market ; of the supply of 64 800 tonnes of common wheat flour to the Arab Republic of Egypt by way of Whereas tenders should be invited for the supply of Community food-aid action . the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ 2. The tendering procedure shall take place in nated by the recipient or its agent ; France and shall be in respect of six lots of 10 000 tonnes (Lots 1 to 6) and one lot of 4 800 tonnes (Lot Whereas tenders may be submitted by tenderers esta­ 7­ blished in any Member State of the Community and may relate to products mobilized anywhere within 3 . The goods shall be mobilized on the Commu­ those Member States ; whereas, in view of the currency nity market. situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 4. Shipment shall be from a Community port. should be taken of the effect on each tender of the currency situation in the Member State in which the 5. The product referred to in paragraph 1 is to be customs export formalities will be completed ; delivered in new sacks of a net capacity of 68 kilo­ grams to the port of shipment in the vicinity of the (!) OJ No L 281 , 1 . 11 . 1975, p. 1 . vessel. The goods must be set down at the place nomi­ (2) OJ No L 156, 14. 6 . 1978 , p. 1 . nated by the recipient country or its agent, the timing (») OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No L 106, 30 . 10 . 1962, p . 2553/62. of delivery being settled by the tenderer and the recip­ (5) OJ No L 263, 19 . 9 . 1973 , p. 1 . ient country's agent.

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14. 7. 79 Official Journal of the European Communities No L 177/47

One of the three sorts of sack nominated hereinafter 2-25 % , a conversion rate resulting from their may be used : central rate, — in the other cases, the average of the spot rates of — jute sacks of a minimum weight of 515 g, the currencies concerned recorded in the Member — cotton sacks, State in which the invitation to tender is issued — composite sacks jute/polypropylene of a minimum during a period from the Wednesday of one week weight of 271 g. to the Tuesday of the following week being the period immediately preceding the closing date for The following shall be printed on the sacks : submission of tenders .

'Wheat flour / Gift of the European Economic Community to Egypt.' Article 4

To allow for the possibility of re-bagging, the The contract shall be awarded to the tenderer offering successful tenderer shall supply 2 % of new empty the best terms, taking into consideration the adjust­ sacks, of the same quality as those containing the ment referred to in Article 3 (3). goods but with the printing followed by a capital letter 'R'. However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. Article 2

1 . The award of the contract shall take place on 27 Article 5 July 1979 . 1 . The tenderer shall give security in an amount of 2. The closing date for submission of tenders shall 12 ECU per tonne of goods . be 27 July 1979 at 12 noon . It shall be released : 3 . The notice of invitation to tender shall be — in the case of all tenderers whose tenders are published in the Official Journal of the European Communities not less than seven days before the unsuccessful or are not accepted, closing date for submission of tenders. — in the case of the successful tenderer, when the operations concerned have been carried out within the prescribed time limit and on submission of Article 3 the original export licence duly granted and endorsed by the competent authorities of the 1 . The prices offered must be expressed in the Member State mentioned in the tender pursuant currency of the Member State in which the invitation to Article 3 (2), to tender was issued . — in the case of the successful tenderer, for quanti­ 2. Tenders must in-particular mention the Member ties not supplied by reason of force majeure. State in which the tenderer, in the event of his being declared successful, expects to complete the customs 2. The security required under paragraph 1 may be export formalities for the products concerned . provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to 3. For the purpose of rendering the tenders compar­ criteria laid down by each Member State. able, the prices shall be corrected by the monetary compensatory amount applicable on the closing date Article 6 for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph 1 . The goods referred to in Article 1 which are to 2. Such correction shall be made by : be supplied to the Arab Republic of Egypt must meet — increasing prices which mention a Member State the following requirements : whose currency has depreciated , common wheat flour : — reducing prices which mention a Member State whose currency has been revalued . — moisture content : 15% maximum , — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ The monetary compensatory amount shall, where lated on the dry matter), appropriate, be converted into the currency of the Member State in which the invitation to tender is — ash content : 0-62 % maximum on the dry matter. issued using : If the goods referred to in Article 1 do not meet the — in the case when the currencies concerned are foregoing requirements they shall be rejected and the kept at any given moment within a band of successful tenderer shall be owner thereof.

No L 177 /48 14 . 7 . 79 Official Journal of the European Communities

2. Tenders for supply to the Arab Republic of average of the spot rates referred to in the second Egypt of the goods referred to in Article 1 must relate subparagraph of Article 3 (3) to the tenderer in the to products with the following characteristics : currency of the Member State in which the operations relating to the tendering are completed. common wheat flour : — moisture content : 15% maximum , 4. The intervention agency shall request the successful tenderer to supply the following informa­ — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ tion : lated on the dry matter), — ash content : 0-62 % maximum on the dry matter. (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; Article 7 (b) the date of departure of the vessels.

The information indicated above shall be forwarded 1 . The French intervention agency shall be respon­ sible for operations relating to the invitation to tender by the intervention agency to the Commission imme­ provided for by this Regulation. diately upon receipt.

2 . It shall forthwith communicate to the Commis­ 5. When the agency responsible for the operations sion the list of firms which have responded to the invi­ relating to tendering is not the intervention agency tation to tender, specifying the terms of each tender, which appoints the successful tenderer, it shall send as together with the name and business name of the soon as possible to the latter the information neces­ successful tenderer. sary for releasing the security.

3 . Where the customs export formalities for the Article 8 mobilized product are completed in a Member State other than that in which the invitation to tender is On delivery of the goods at the port of shipment, a issued, the intervention agency of the latter Member handing-over certificate shall be supplied to the State shall be responsible for the operations following successful tenderer, acting as agent for the Commu­ tendering, including payment to the successful nity, by the agent of the recipient country or, in the tenderer. absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment In such case, the intervention agency choosing the is situated . successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and Article 9 shall supply it with all the information which it may require . This Regulation shall enter into force on the day of its Furthermore, the amount of the successful tender publication in the Official Journal of the European Communities. shall be paid after it has been converted using the

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

Done at Brussels, 13 July 1979 .

For the Commission

Finn GUNDELACH

Vice-President