31979R1720

4. 8 . 79 No L 198 /28 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1720/79 of 3 August 1979 opening an invitation to tender for the mobilization of common wheat flour and maize flour as food aid for Jamaica

THE COMMISSION OF THE EUROPEAN should be taken of the effect on each tender of the COMMUNITIES, currency situation in the Member State in which the customs export formalities will be completed ; Having regard to the Treaty establishing the European Economic Community, Whereas the contract should be awarded to the tenderer who makes the best offer ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas it must be made clear who is to bear any tion of the market in cereals ('), as last amended by costs which arise in the event that for reason of force Regulation (EEC) No 1 547/79 (2), majeure the operation in question is not completed within the time stipulated ; Having regard 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 mobilization of cereals as food aid (3), and given to guarantee fulfilment of obligation arising by in particular Article 6 thereof, virtue of participation in the invitation to tender ;

Having regard to Council Regulation No 129 on the Whereas the Belgian intervention agency should be value of the unit of account and the exchange rates to made responsible for organizing the invitation to be applied for the purposes of the common agricul­ tender ; tural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof, Whereas it is important that the Commission be informed without delay of the tenders submitted in Having regard to the opinion of the Monetary response to the invitation and of those accepted by Committee, the intervention agency ;

Whereas on 8 May 1979 the Council of the European Whereas the measures provided for in this Regulation Communities declared that by way of Community are in accordance with the opinion of the Manage­ action it proposed to grant 301 tonnes of maize flour ment Committee for Cereals, and 300 tonnes of common wheat flour to Jamaica under its 1978/79 food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ HAS ADOPTED THIS REGULATION : 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 the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ 1 . An invitation to tender shall be issued in respect nated by the recipient or its agent ; of the supply of 300 tonnes of common wheat flour and 301 tonnes of maize flour to Jamaica by way of Whereas tenders may be submitted by tenderers esta­ Community food-aid action . blished in any Member State of the Community and may relate to products mobilized anywhere within 2. The tendering procedure shall take place in the those Member States ; whereas, in view of the currency Kingdom of Belgium and shall be in respect of two situation in the Member States and in order to ensure lots . that the tenders are as comparable as possible, account

3 . The goods shall be mobilized on the Commu­ (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 188 , 26. 7 . 1979, p. 1 . nity market. P) 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 . 4. Shipment shall be from Antwerp.

4. 8 . 79 No L 198 / 29 Official Journal of the European Communities

5. The products referred to in paragraph 1 to be 2-25 % , a conversion rate resulting from their delivered in new jute sacks of a net capacity of 50 kilo­ central rate, grams to the port of shipment in the vicinity of the — in the other cases, the average of the spot rates of vessel. The goods must be set down at the place nomi­ the currencies concerned recorded in the Member nated by the recipient country or its agent, the timing State in which the invitation to tender is issued of delivery being settled by the tenderer and the recip­ during a period from the Wednesday of one week ient country's agent. 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 / For free distribution '. Article 4 'Maize flour / Gift of the European Economic Commu­ nity / For free distribution'. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ To allow for the possibility of re-bagging, the ment referred to in Article 3 (3). successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the However, if the tenders submitted do not appear to goods but with the printing followed by a capital reflect normal market prices and costs, the interven­ letter 'R\ tion agency may cancel the invitation to tender.

Article2¶

1 . The award of the contract shall take place on 24 1 . The tenderer shall give security in an amount of August 1979. 12 ECU per tonne of goods.

2. The closing date for submission of tenders shall It shall be released : be 24 August 1979 at 12 noon . — in the case of all tenderers whose tenders are 3 . The notice of invitation to tender shall be unsuccessful or are not accepted, published in the Official Journal of the European — in the case of the successful tenderer, when the Communities not less than nine day before the operations concerned have been carried out within closing date for submission of tenders. the prescribed time limit and on submission of the original export licence duly granted and Article 3 endorsed by the competent authorities of the Member State mentioned in the tender pursuant 1 . The prices offered must be expressed in the to Article 3 (2), currency of the Member State in which the invitation — in the case of the successful tenderer, for quanti­ to tender was issued . ties not supplied by reason of force majeure. 2. Tenders must in particular mention the Member 2. The security required under paragraph 1 may be State in which the tenderer, in the event of his being provided in the form of a cash deposit or of a declared successful, expects to complete the customs guarantee issued by a credit institution conforming to export formalities for the products concerned. criteria laid down by each Member State. 3. For the purpose of rendering the tenders compar­ able, the prices shall be corrected by the monetary Article 6 compensatory amount applicable on the closing date for submission of tenders to exports from the Member 1 . The goods referred to in Article 1 which are to State mentioned in the tender pursuant to paragraph be supplied to Jamaica must meet the following re­ 2. Such correction shall be made by : quirements : — increasing prices which mention a Member State common wheat flour : whose currency has depreciated, — moisture content : 1 5 % maximum, — reducing prices which mention a Member State — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ whose currency has been revalued. lated on the dry matter), The monetary compensatory amount shall, where — ash content : 0-52 % maximum on the dry appropriate, be converted into the currency of the matter ; Member State in which the invitation to tender is maize flour : issued using : — in the case when the currencies concerned are — moisture content : 13% maximum , kept at any given moment within a band of — acidity : 0-6 % maximum.

No L 198 /30 Official Journal of the European Communities 4 . 8 . 79

If the goods referred to in Article 1 do not meet the 4. The intervention agency shall request the foregoing requirements they shall be rejected and the successful tenderer to supply the following informa­ successful tenderer shall be owner thereof. tion :

(a) after each shipment a certificate showing the quan­ Article 7 tities dispatched and the quality of the products ; 1 . The Belgian intervention agency shall be respon­ (b) the date of departure of the vessels. sible for operations relating to the invitation to tender provided for by this Regulation . The information indicated above shall be forwarded 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 tation to tender, specifying the terms of each tender, 5. When the agency responsible for the operations together with the name and business name of the relating to tendering is not the intervention agency 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 mobilized product are completed in a Member State sary for releasing the security. other than that in which the invitation to tender is issued, the intervention agency of the latter Member Article 8 State shall be responsible for the operations following tendering, including payment to the successful ten­ On delivery of the goods at the port of shipment, a derer. handing-over certificate shall be supplied to the In such case, the intervention agency choosing the successful tenderer, acting as agent for the Commu­ successful tenderer shall immediately inform the inter­ nity, by the agent of the recipient country or, in the vention agency of the Member State concerned and absence of the latter, by the intervention agency of the shall supply it with all the information which it may Member State in whose territory the port of shipment is situated . require .

Furthermore , the amount of the successful tender shall be paid after it has been converted using the Article 9 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the This Regulation shall enter into force on the day of its currency of the Member State in which the operations publication in the Official Journal of the European relating to the tendering are completed . Communities.

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

Done at Brussels, 3 August 1979 . For the Commission

Finn GUNDELACH Vice-President