31979R1633

28 . 7 . 79 Official Journal of the European Communities No L 190/47

COMMISSION REGULATION ( EEC) No 1633/79 of 27 July 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of the Philippines

THE COMMISSION OF THE EUROPEAN Whereas, should force majeure make it impossible to COMMUNITIES, complete the operation in question within the set time limit, it should be made clear who is to bear the Having regard to the Treaty establishing the European liability for any resulting costs ; Economic Community,

Having regard to Council Regulation (EEC) No Whereas provision should be made for security to be 2727/75 of 29 October 1975 on the common organiza­ given to guarantee fulfilment of obligations arising by tion of the market in cereals ('), as last amended by virtue of participation in the invitation to tender for Regulation (EEC) No 1 254/78 (2), the supply of goods to the Republic of the Philip­ pines ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the Belgian intervention agency should be tions for the mobilization of cereals as food aid (3), and made responsible for organizing the invitation to in particular Article 6 thereof, tender ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas the Commission must be informed quickly be applied for the purposes of the common agricul­ of the tenders submitted in response to the invitation tural policy (4), as last amended by Regulation (EEC) and of those accepted by the intervention agency ; No 2543/73 (5), and in particular Article 3 thereof, Having regard to the opinion of the Monetary Whereas the measures provided for in this Regulation Committee, are in accordance with the opinion of the Manage­ ment Committee for Cereals, 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 2 000 tonnes of common wheat, in the form of 1 325 tonnes HAS ADOPTED THIS REGULATION : of common wheat flour, to the Republic of the Philip­ pines under its 1978 /79 food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ Article 1 tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; 1 . An invitation to tender shall be issued in respect of the supply of 1 325 tonnes of common wheat flour Whereas tenders should be invited for the supply of to the Republic of the Philippines by way of Commu­ the product to the port of shipment in the vicinity of nity food-aid action . the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ; 2. The tendering procedure shall take place in the Whereas tenders may be submitted by tenderers esta­ Kingdom of Belgium and shall be in respect of a blished in any Member State of the Community and single lot . may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 3 . The product shall be mobilized on the Commu­ situation in the Member States and in order to ensure nity market. that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 4. Shipment shall be from Antwerp. currency situation in the Member State in which the customs export formalities will be completed ; 5. The product referred to in paragraph 1 is to be Whereas the award under the invitation to tender delivered in new jute sacks of a net capacity of 50 kilo­ must be made in favour of the tenderer offering the grams to the port of shipment in the vicinity of the best terms : vessel . The goods must be set down at the place nomi­ nated by the recipient country or its agent, the timing (') OJ No L 281 , 1 . 11 . 1975, p. 1 . of delivery being settled by the tenderer and the recip­ (2) OJ No L 156, 14. 6. 1978 , p. 1 . ient country's agent. b) 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 . Minimum weight of the sacks shall be 600 grams.

No L 190 /48 28 . 7 . 79 Official Journal of the European Communities

6. The following shall be printed on the sacks : period immediately preceding the closing date for submission of tenders . 'Wheat flour — Gift of the European Economic Community to the Republic of the Philippines.' Article 4 To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty The contract shall be awarded to the tenderer offering sacks, of the same quality as those containing the the best terms, taking into consideration the adjust­ goods but with the printing followed by a capital ment referred to in Article 3 (3). letter 'R'. However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ Article 2 tion agency may cancel the invitation to tender.

1 . The decision on tenders received in response to Article 5 the invitation provided for in Article 1 shall be taken on 10 August 1979 . If the tenderer is unable to deliver the goods in 2. The closing date for submission of tenders shall compliance with Article 1 (5) on the date given in the notice of invitation to tender as a result of the late be 10 August 1979 at 12 noon . availability of the vessels to be used for sea transporta­ 3 . The notice of invitation to tender shall be tion, the resulting costs shall be borne by the interven­ published in the Official Journal of the European tion agency. Communities not less than nine days before the closing date for submission of tenders. Article 6

Article 3 1 . The tenderer shall give security in an amount of 12 ECU per tonne of goods. 1 . The prices offered must be expressed in the It shall be released : 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 declared successful, expects to complete the customs operations concerned have been carried out within export formalities for the products concerned. the prescribed time limit and on submission of the original export licence duly granted and 3 . For the purpose of rendering the tenders compar­ endorsed by the competent authorities of the able, the prices shall be corrected by the monetary Member State mentioned in the tender pursuant compensatory amount applicable on the closing date to Article 3 (2), for submission of tenders to exports from the Member — in the case of the successful tenderer for quantities State mentioned in the tender pursuant to paragraph not supplied by reason of force majeure. 2. Such correction shall be made by : 2. The security required under paragraph 1 may be — increasing prices which mention a Member State provided in the form of a cash deposit or of a whose currency has depreciated, guarantee issued by a credit institution conforming to — reducing prices which mention a Member State criteria laid down by each Member State . whose currency has been revalued .

The monetary compensatory amount shall, where Article 7 appropriate, be converted into the currency of the Member State in which the invitation to tender is 1 . The common wheat flour referred to in Article 1 issued using : to be supplied to the Republic of the Philippines must meet the following requirements : — in the case when the currencies concerned are — moisture : 14% maximum ; kept at any given moment within a band of 2-25 % , a conversion rate resulting from their — protein content : 10-5 % minimum (N x 6-25 on central rate, dry matter) ; — in the other cases, the average of the spot rates of — ash content : 0-52 % maximum referred to dry the currencies concerned recorded in the Member matter . State in which the invitation to tender is issued during a period from the Wednesday of one week Flour not meeting these requirements shall be to the Tuesday of the following week being the refused .

28 . 7 . 79 No L 190 /49 Official Journal of the European Communities

2. Tenders for supply to the Republic of the Philip­ average of the spot rates referred to in the second pines of the common wheat flour referred to in subparagraph of Article 3 (3) to the tenderer in the Article 1 must relate to a product with the following currency of the Member State in which the operations characteristics : relating to the tendering are completed . — moisture : 14% maximum , 4. The intervention agency shall request the — protein content : 10-5 % minimum (N x 6-25 on successful tenderer to supply the following informa­ dry matter) ; tion : — ash content : 0-52 % maximum referred to dry (a) after shipment a certificate showing the quantities matter. dispatched and the quality of the products ; (b) the date of departure of the vessels. Article 8 The information indicated above shall be forwarded 1 . The Belgian intervention agency shall be respon­ by the intervention agency to the Commission imme­ sible for operations relating to the invitations to diately upon receipt. tender provided for by this Regulation . 2. It shall forthwith communicate to the Commis­ 5. When the intervention agency responsible for the operations relating to tendering is not the interven­ sion the list of firms which have responded to the invi­ tion agency which appoints the successful tenderer, it tation to tender, specifying the terms of each tender, shall send as soon as possible to the latter the informa­ together with the name and business name of the successful tenderer. tion necessary for releasing the security.

3 . Where the customs export formalities for the Article 9 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 10 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 shall be paid after it has been converted using the 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