31979R2128

29 . 9 . 79 Official Journal of the European Communities No L 246/53

COMMISSION REGULATION (EEC) No 2128/79 of 28 September 1979

opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services

THE COMMISSION OF THE EUROPEAN situation in the Member States and in order to ensure COMMUNITIES, that the tenders are as comparable as possible, account should be taken of the effect on each tender of the Having regard to the Treaty establishing the European currency situation in the Member State in which the Economic Community, customs export formalities will be completed ; Having regard to Council Regulation (EEC) No Whereas the contract should be awarded to the 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( !), as last amended by tenderer offering the best terms ; Regulation (EEC) No 1 547/79 (2), Whereas in case it should be impossible for reasons of Having regard to Council Regulation (EEC) No force majeure to complete the operation in question 2750/75 of 29 October 1975 laying down the condi­ within the set time limits, it must be made clear who tions for the mobilization of cereals as food aid (3), and is to bear any costs resulting therefrom ; in particular Article 6 thereof, Whereas provision should be made for security to be Having regard to Council Regulation No 129 on the given to guarantee fulfilment of the obligations arising value of the unit of account and the exchange rates to by virtue of participation in the invitation to tender ; be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) Whereas the French intervention agency should be No 2543/73 (5), and in particular Article 3 thereof, made responsible for the tendering procedure in ques­ Having regard to the opinion of the Monetary tion ; Committee, Whereas the Commission must be informed quickly Whereas on 8 May 1979 the Council of the European of the tenders submitted in response to the invitation Communities declared that it proposed, by way of and of those accepted by the intervention agency ; Community action, to grant the equivalent of 7 500 tonnes of common wheat (in other words 5 639 Whereas the measures provided for in this Regulation tonnes of common wheat flour) to the Catholic Relief are in accordance with the opinion of the Manage­ Service under its 1978/79 food-aid programme ; ment Committee for Cereals, Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; HAS ADOPTED THIS REGULATION : Whereas the invitation to tender opened in the Community under Commission Regulation (EEC) No 1975/79 of 7 September 1979 opening an invitation to Article 1 tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services (6) was not 1 . Tenders are hereby invited for the supply to the allocated ; whereas a new invitation to tender should Catholic Relief Services, by way of Community action, therefore be opened ; of 5 639 tonnes of common wheat flour.

Whereas tenders should be invited for the supply of 2. The tendering procedure shall take place in the product to the port of shipment in the vicinity of France in four lots . the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ; 3. The product shall be mobilized on the Commu­ Whereas tenders may be submitted by tenderers esta­ nity market. blished in any Member State of the Community and may relate to products mobilized anywhere within 4. Shipment shall be from a Community port. those Member States ; whereas, in view of the currency 5. The product referred to in paragraph 1 is to be ( 1 ) OJ No L 281 , 1 . 11 . 1975, p. 1 . delivered to the port of shipment in the vicinity of the (2) OJ No L 188, 26. 7. 1979, p. 1 . vessel . The goods must be set down at the place nomi­ (3) OJ No L 281 , 1 . 11 . 1975, p. 89. nated by the recipient country or its agent, the timing (t) OI 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 . <>) OJ No L 228 , 8 . 9 . 1979, p. 11 . ient country's agent.

No L 246/54 Official Journal of the European Communities 29 . 9 . 79

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 : 272 tonnes : whose currency has depreciated, 'Harina de trigo / Donación de la Comunidad econ­ — reducing prices which mention a Member State ómica 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 : 314 tonnes : Member State in which the invitation to tender is issued using : 'Harina de trigo / Donación de la Comunidad econ­ ómica europea para Cathwell Chile / Destinada a la — in the case when the currencies concerned are 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 : 2 326 tonnes : — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member 'Harina de trigo / Donación de la Comunidad econ­ State in which the invitation to tender is issued ómica 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 : 2 727 tonnes : submission of tenders .

'Harina de trigo / Donación de la Comunidad econ­ Article 4 ómica europea para Cathwell Chile / Destinada a la distribución gratuita The contract shall be awarded to the tenderer offering Cathwell / 5113 / Talcahuano'. the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). To allow for the possibility of re-bagging, the 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 12 October 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 12 October 1979 at 12 noon .

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

It shall be relased : Article 3 — in the case of all tenderers whose tenders are unsuccessful or are not accepted. 1 . The prices offered must be expressed in the 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 successful, expects to complete the customs Member State mentioned in the tender pursuant export formalities for the products concerned. to Article 3 (2), — in the case of the successful tenderer for quantities 3. For the purpose of rendering the tenders compar­ able, the prices shall be corrected by the monetary not supplied by reason of force majeure.

29 . 9 . 79 No L 246/55 Official Journal of the European Communities

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 : 1 0.5 % 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 informa­ Article 8 tion necessary for releasing the security.

1 . The French intervention agency shall be respon­ Article 9 sible for operations relating to the invitation to tender 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, 28 September 1979.

For the Commission

Finn GUNDELACH

Vice-President