31979R1632

No L 190/44 Official Journal of the European Communities 28 . 7 . 79

COMMISSION REGULATION ( EEC) No 1632/79

of 27 July 1979

opening an invitation to tender for the mobilization of common wheat flour as food aid for the Hashemite Kingdom of Jordan

THE COMMISSION OF THE EUROPEAN whereas the award under the invitation to tender COMMUNITIES, must be made to the tenderer offering the best terms ;

Having regard to the Treaty establishing the European Whereas provision should be made for security to be Economic Community, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas the Italian intervention agency should be tion of the market in cereals ('), as last amended by made responsible for organizing the invitation to Regulation (EEC) No 1 254/78 (2), tender ;

Having regard to Council Regulation ( EEC) No Whereas the Commission must be informed quickly 2750/75 of 29 October 1975 laying down the condi­ of the tenders submitted in response to the invitation tions for the mobilization of cereals as food aid (3), and and of those accepted by the intervention agency ; in particular Article 6 thereof,

Whereas the measures provided for in this Regulation Having regard to Council Regulation No 129 on the are in accordance with the opinion of the Manage­ value of the unit of account and the exchange rates to ment Committee for Cereals, be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) No 2543/ 73 (5), and in particular Article 3 thereof,

HAS ADOPTED THIS REGULATION : Having regard to the opinion of the Monetary Committee,

Article 1 Whereas on 8 May 1979 the Council of the European Communities declared that it proposed, by way of Community action , to grant the equivalent of 4 000 1 . Tenders are hereby invited for the supply to the tonnes of common wheat (in other words 2 649 Hashemite Kingdom of Jordan by way of Community tonnes of common wheat flour) to the Hashemite food-aid action , of 2 649 tonnes of common wheat flour. Kingdom of Jordan under its 1978/79 food-aid programme ; 2. The tendering procedure shall take place in Italy Whereas pursuant to Article 3 (3) of Council Regula­ in one lot. The product shall be mobilized on the tion ( EEC) No 2750/75 the goods may be purchased Community market. The product shall be loaded for anywhere on the Community market ; departure from a Community port.

Whereas the proposed invitation to tender should be 3 . The invitation to tender provided for in para­ for supply of the products to the dock or in the graph 1 is for supply of products to the dock or in the lighter where applicable at the port of unloading ; lighter where applicable, in the port of Aqaba.

Whereas tenders may be submitted by tenderers esta­ 4. The successful tenderer shall deliver the product blished in any Member State of the Community and specified in paragraph 1 in new jute sacks of a net may relate to products mobilized anywhere within capacity of 50 kilograms. Minimum weight of the those Member States ; whereas, in view of the currency sacks shall be 600 grams. The following shall be situation in the Member States and in order to ensure printed on the sacks : that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 'Wheat flour / Gift of the European Economic currency situation in the Member State in which the Community to Jordan .' customs export formalities will be completed ; To allow for the possibility of re-bagging the (') OJ No L 281 , 1 . 11 . 1975, p. 1 . successful tenderer shall apply 2 % of new empty (2) OJ No L 156, 14. 6. 1978 , p. 1 . sacks, of the same quality as those containing the (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. goods but with the printing followed by a capital (5 ) OJ No L 263, 19 . 9 . 1973, p. 1 . letter ' R '.

28 . 7 . 79 Official Journal of the European Communities No L 190 /45

Article2¶

1 . The decision on tenders received in response to — in the case of all tenderers whose tenders are the invitation provided for in Article 1 shall be taken unsuccessful or are not accepted , on 10 August 1979 . — in the case of the successful tenderer, when the

2. The closing date for the submission of tenders operations concerned have been carried out within shall be 10 August 1979 at 12 noon . the prescribed time limit and on submission of the original export licence, duly granted and 3 . The notice of invitation to tender shall be endorsed by the competent authorities of the published in the Official Journal of the European Member State mentioned in the tender pursuant Communities not less than nine days before the to Article 3 (2), closing date for the submission of tenders. — in the case of the successful tenderer, for quanti­ Article 3 ties not supplied by reason of force majeure.

1 . The prices offered must be expressed in the 2. The security required under paragraph 1 may be currency of the Member State in which the invitation provided in the form of a cash deposit or of a to tender was issued . guarantee issued by a credit institution conforming to criteria laid down by each Member State . 2. Tenders must in particular mention the Member State which the tenderer, in the event of his being Article 6 declared successful, expects to complete the customs export formalities for the products concerned . 1 . The common wheat flour referred to in Article 1 3. For the purpose of rendering the tenders compar­ to be supplied to the Hashemite Kingdom of Jordan able, the prices shall be corrected by the monetary must meet the following requirements : compensatory amount applicable on the closing date — moisture : 14% maximum , for submission of tenders to exports from the Member State mentioned in the tender pursuant to para­ — protein content : 105% minimum (N x 6-25 on graph 2. Such correction shall be made by : dry matter),

— increasing prices which mention a Member State — ash content : 0-52 % maximum referred to dry matter . whose currency has depreciated, — reducing prices which mention a Member State Flour not meeting these requirements shall be whose currency has been revalued . refused . The monetary compensatory amount shall , where appropriate, be converted into the currency of the 2. Tenders for supply to the Hashemite Kingdom Member State in which the invitation to tender is of Jordan of the common wheat flour referred to in issued using : Article 1 must relate to a product with the following characteristics : — in the case when the currencies concerned are kept at any given moment within a band of — moisture : 14% maximum , 2-25 % , a conversion rate resulting from their — protein content : 10-5 % minimum (N x 6-25 on central rate , dry matter), — in other cases, the average of the spot rates of the currencies concerned recorded in the Member — ash content : 0-52 % maximum referred to dry matter . State in which the invitation to tender is issued during a period from the Wednesday of one week to the Tuesday of the following week being the Article 7 period immediately preceding the closing date for submission of tenders . 1 . The Italian intervention agency shall be respon­ sible for the operations relating to the invitation to Article 4 tender provided for by this Regulation .

The contract shall be awarded to the tenderer offering 2 . It shall forthwith communicate to the Commis­ the best terms, taking into consideration the adjust­ sion the list of firms which have responded to the invi­ ment referred to in Article 3 (3). tation to tender, specifying the terms of each tender, together with the name and business name of the However, if the tenders submitted do not appear to successful tenderer . reflect normal market prices and costs , the interven­ tion agency may cancel the invitation to tender. 3 . Where the customs export formalities for the mobilized product are completed in a Member State Article 5 other than that in which the invitation to tender is 1 . The tenderer shall give security in an amount of issued , the intervention agency of the latter Member 12 ECU per tonne of goods . State shall be responsible for the operations following

No L 190 /46 Official Journal of the European Communities 28 . 7 . 79

tendering, including payment to the successful ten­ The intervention agency shall transmit the informa­ derer . tion provided for to the Commission as soon as it is received . In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ 5. When the intervention agency responsible for vention agency of the Member State coricerned and the operations relating to tendering is not the interven­ shall supply it with all the information which it may tion agency which appoints the successful tenderer, it require . shall send as soon as possible to the latter the informa­ Furthermore , the amount of the successful tender tion necessary for releasing the security . shall be paid after it has been converted using the average of the spot rates referred to in the second Article 8 subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations As regards this tender, the intervention agency is auth­ relating to the tendering are completed . orized to make an initial payment of 80 % of the 4. The intervention agency shall ask that the value of the quantity given in the bill of lading, on tenderer specifies the following information : presentation of that document and subject to the taking of a security for an amount equal to the initial (a) after each shipment, a statement giving details of payment . the quantities loaded , the quality of the products and their packaging ; (b) the date of the departure of the ships and the Article 9 expected date of arrival of the products at their destination ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European during transportation of the products. Communities.

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

Done at Brussels , 27 July 1979 .

For the Commission

Finn GUNDELACH

Vice-President