31979R1975

8 . 9 . 79 Official Journal of the European Communities No L 228 / 11

COMMISSION REGULATION ( EEC) No 1975 / 79 of 7 September 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services

THE COMMISSION OF THE EUROPEAN Whereas the contract should be awarded to the COMMUNITIES , tenderer offering the best terms ;

Having regard to the Treaty establishing the European Whereas in case it should be impossible for reasons of Economic Community, force majeure to complete the operation in question within the set time limits, it must be made clear who Having regard to Council Regulation ( EEC) No is to bear any costs resulting therefrom ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Regulation ( EEC) No 1 547/79 ^), Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising Having regard to Council Regulation (EEC) No by virtue of participation in the invitation to tender ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3 ), and Whereas the German intervention agency should be in particular Article 6 thereof, made responsible for the tendering procedure in ques­ tion ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the common agricul­ Whereas the Commission must be informed quickly tural policy (4), as last amended by Regulation ( EEC) of the tenders submitted in response to the invitation No 2543/73 (5), and in particular Article 3 thereof, and of those accepted by the intervention agency ;

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 7 500 tonnes of common wheat ( in other words 5 639 tonnes of common wheat flour) to the Catholic Relief HAS ADOPTED THIS REGULATION : Services under its 1978 / 79 food-aid programme ;

Whereas pursuant to Article 3 ( 3) of Council Regula­ tion ( EEC) No 2750 /75 the goods may be purchased Article 1 anywhere on the Community market ; 1 . Tenders are hereby invited for the supply to the Whereas tenders should be invited for the supply of Catholic Relief Services, by way of Community action , the product to the port of shipment in the vicinity of of 5 639 tonnes of common wheat flour. 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 Federal Republic of Germany in four lots . blished in any Member State of the Community and may relate to products mobilized anywhere within 3 . The product 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 should be taken of the effect on each tender of the 4. Shipment shall be from a North Sea port. 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 delivered 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 188 , 26 . 7 . 1979 , p. 1 . nated by the recipient country or its agent, the timing (3 ) OJ No L 281 , 1 . 11 . 1975 , p. 89 . (4 ) OJ No 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 .

No L 228 / 12 8 . 9 . 79 Official Journal of the European Communities

6 . The successful tenderer shall deliver the product compensatory amount applicable on the closing date specified in paragraph 1 in new jute sacks lined with for submission of tenders to exports from the Member cotton sacks of a net capacity of 50 kilograms. State mentioned in the tender pursuant to paragraph 2 . Such correction shall be made by : The following shall be printed on the sacks : — increasing prices which mention a Member State Lot 1 : 240 tonnes : whose currency has depreciated , ' Harina de trigo / Donación de la Comunidad eco­ — reducing prices which mention a Member State nómica europea para Cathwell Chile / Destinada a la whose currency has been revalued . distribución gratuita The monetary compensatory amount shall , where Cathwell / 5110 / Antofagasta ' appropriate, be converted into the currency of the Lot 2 : 278 tonnes : Member State in which the invitation to tender is issued using : ' Harina de trigo / Donación de la Comunidad eco­ — in the case when the currencies concerned are nómica europea para Cathwell Chile / Destinada a la distribución gratuita kept at any given moment within a band of 2 25 % , a conversion rate resulting from their Cathwell / 5111 / Coquimbo' central rate , Lot 3 : 2 966 tonnes : — in the other cases, the average of the spot rates of ' Harina de trigo / Donación de la Comunidad eco­ the currencies concerned recorded in the Member State in which the invitation to tender is issued nómica europea para Cathwell Chile / Destinada a la distribución gratuita \ during a period from the Wednesday of one week to the Tuesday of the following week being the Cathwell / 5112 / Valparaiso period immediately preceding the closing date for Lot 4 : 2155 tonnes : submission of tenders . ' Harina de trigo / Donación de la Comunidad eco­ nómica europea para Cathwell Chile / Destinada a la Article 4 distribución gratuita The contract shall be awarded to the tenderer offering Cathwell / 5113 / Talcahuano . 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 However, if the tenders submitted do not appear to sacks , of the same quality as those containing the reflect normal market prices and costs, the interven­ goods but with the printing followed by a capital tion agency may cancel the invitation to tender. letter ' R '.

Article 5 Article 2 If the tenderer is unable to deliver the goods in 1 . The decision on tenders received in response to compliance with Article 1 ( 5) on the date given in the the invitation provided for in Article 1 shall be taken notice of invitation to tender as a result of the late on 17 September 1979 . availability of the vessels to be used for sea transporta­ tion the resulting costs shall be borne by the interven­ 2 . The closing date for submission of tenders shall tion agency . be 17 September 1979 at 12 noon .

3 . The notice of invitation to tender shall be Article 6 published in the Off it id I Journal of the European Communities not less than nine days before the 1 . The tenderer shall give security of a value of 12 closing date for submission of tenders . ECU per tonne of goods .

It shall be released : Article J — in the case of all tenderers whose tenders are 1 . The prices offered must be expressed in the unsuccessful or are not accepted . currency of the Member State in which the invitation — in the case of the successful tenderer, when the to tender was issued . operations concerned have been carried out within the prescribed time limit and on submission of 2 . Tenders must in particular mention the Member the original export licence duly granted and State in which the tenderer, in the event of his being endorsed by the competent authorities of the declared seccessful , expects to complete the customs Member State mentioned in the tender pursuant export formalities for the products concerned . to Article 3 ( 2), 3 . For the purpose of rendering the tenders compar­ — in the case of the successful tenderer for quantities able , the prices shall be corrected by the monetary not supplied by reason of force majeure.

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2 . The security required under paragraph 1 may be In this case, the intervention agency choosing the provided in the form of a cash deposit or of a successful tenderer shall immediately inform the inter­ guarantee issued by a credit institution conforming to vention agency of the Member State concerned and criteria laid down by each Member State . shall supply it with all the information which it may require . Article 7 Furthermore , the amount of the successful tender 1 . The common wheat flour referred to in Article 1 shall be paid after it has been converted using the must meet the following requirements : average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the — moisture : 12% maximum , currency of the Member State in which the operations — protein content : 10-5 % minimum (N x 6-25 on relating to the tendering are completed . dry matter), — ash content : 0 62 % maximum referred to dry 4. The intervention agency shall request the matter . successful tenderer to supply the following informa­ tion : Flour not meeting these requirements shall be refused . (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; 2. Tenders for supply of the common wheat flour (b) the date of departure of the vessels . referred to in Article 1 must relate to a product with the following characteristics : The information indicated above shall be forwarded — moisture : 12% maximum , by the intervention agency to the Commission imme­ diately upon receipt . — protein content : 10-5 % minimum (N x 6-25 on dry matter), 5 . When the intervention agency responsible for — ash content : 0-62 % maximum referred to dry the operations relating to tendering is not the interven­ matter . tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the infor­ Article 8 mation necessary for releasing the security .

1 . The German intervention agency shall be respon­ sible for operations relating to the invitation to tender Article 9 provided for by this Regulation . On delivery of the goods at the port of shipment, a 2 . It shall forthwith communicate to the Commis­ handing-over certificate shall be supplied to the sion the list of firms which have responded to the invi­ successful tenderer, acting as agent for the Commu­ tation to tender, specifying the terms of each tender, nity, by the agent of the recipient country, or, in the together with the name and business name of the absence of the latter, by the intervention agency of the successful tenderer . Member State in whose territory the port of shipment is situated . 3 . Where the customs export formalities for the mobilized product are completed in a Member State other than that in which the invitation to tender is Article 10 issued , the intervention agency of the latter Member State shall be responsible for the operations following This Regulation shall enter into force on the day of its tendering, including payment to the successful publication in the Official Journal of the European tenderer . Communities.

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

Done at Brussels , 7 September 1979 .

For the Commission

Finn GUNDELACH

Vice-President