31979R2357

27 . 10 . 79 Official Journal of the European Communities No L 270/5

COMMISSION REGULATION ( EEC) No 2357/79 of 26 October 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Sudan

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 reasons 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 obligations arising by in particular Article 6 thereof, virtue of participation in the invitation to tender for the supply of goods to Sudan ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas the Belgian intervention agency should be be applied for the purposes of the common agricul­ made responsible for the tendering procedure in ques­ tural policy (4), as last amended by Regulation (EEC) tion ; No 2543/73 (5), and in particular Article 3 thereof,

Whereas it is important that the Commission be Having regard to the opinion of the Monetary informed without delay of the tenders submitted in Committee, response to the invitation and of those accepted by the intervention agency ; Whereas on 8 May 1979 the Council of the European Communities declared that by way of Community Whereas the measures provided for in this Regulation action it proposed to grant to Sudan the equivalent of are in accordance with the opinion of the Manage­ 4 000 tonnes of common wheat, in the form of flour, ment Committee for Cereals, i.e. 2 649 tonnes of wheat flour, 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 ;

Whereas tenders should be invited for the supply of Article 1 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 respec nated by the recipient or its agent ; of the supply of 2 649 tonnes of common wheat flou : to the Democratic Republic of Sudan by way o 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 th < those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure Kingdom of Belgium and shall be in respect of ; single lot . that the tenders are as comparable as possible , account

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

No L 270 /6 Official Journal of the European Communities 27 . 10 . 79

5 . The product referred to in paragraph 1 is to be 2-25 % , a conversion rate resulting from their delivered in new cotton sacks of a net capacity of 50 central rate, kilograms to the port of shipment in the vicinity of — in the other cases, the average of the spot rates of the vessel . The goods must be set down at the place the currencies concerned recorded in the Member nominated by the recipient country or its agent, the State in which the invitation to tender is issued timing of delivery being settled by the tenderer and during a period from the Wednesday of one week the recipient country's agent. to the Tuesday of the following week being the period immediately preceding the closing date for 6. The following shall be printed on the sacks : submission of tenders .

'Wheat flour / Gift of the European Economic Community to Sudan / For free distribution'. Article 4 To allow for the possibility of re-bagging, the The contract shall be awarded to the tenderer offering successful tenderer shall supply 2 % of new empty the best terms, taking into consideration the adjust­ sacks, of the same quality as those containing the ment referred to in Article 3 (3). goods but with the printing followed by a capital 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 award of the contract shall take place on 9 Article 5 November 1979 . 1 . The tenderer shall give security in an amount of 2. The closing date for submission of tenders shall 12 ECU per tonne of goods. be 9 November 19 79 at 12 noon . It shall be released : 3 . The notice of invitation to tender shall be published in the Official Journal of the European — in the case of all tenderers whose tenders are Communities not less than nine days before the unsuccessful or are not accepted, closing date for submission of tenders. — in the case of the successful tenderer, when the operations concerned have been carried out within the prescribed time limit and on submission of Article 3 the original export licence duly granted and 1 . The prices offered must be expressed in the endorsed by the competent authorities of the currency of the Member State in which the invitation Member State mentioned in the tender pursuant to tender was issued . to Article 3 (2), — in the case of the successful tenderer, for quanti­ 2. Tenders must in particular mention the Member ties not supplied by reason of force majeure. State in which the tenderer, in the event of his being declared successful, expects to complete the customs 2. The security required under paragraph 1 may be export formalities for the products concerned . provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to 3 . For the purpose of rendering the tenders compar­ criteria laid down by each Member State. able, the prices shall be corrected by the monetary compensatory amount applicable on the closing date Article 6 for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph 2 . Such correction shall be made by : 1 . The goods referred to in Article 1 which are to be supplied to the Democratic Republic of Sudan — increasing prices which mention a Member State must meet the following requirements : whose currency has depreciated, co m m o n ivhea t flour : — reducing prices which mention a Member State whose currency has been revalued . — moisture content : 1 5 % maximum , — acidity : 4 ml NaOH/n maximum per 100 g The monetary compensatory amount shall, where (calculated on the dry matter), appropriate, be converted into the currency of the Member State in which the invitation to tender is — ash content : 0-52 % maximum on the dry matter. issued using : If the goods referred to in Article 1 do not meet the — in the case when the currencies concerned are foregoing requirements they shall be rejected and the kept at any given moment within a band of successful tenderer shall be owner thereof .

27 . 10 . 79 Official Journal of the European Communities No L 270 / 7

2. Tenders for supply to Sudan of the goods average of the spot rates referred to in the second referred to in Article 1 must relate to products with subparagraph of Article 3 (3) to the tenderer in the the following characteristics : currency of the Member State in which the operations relating to the tendering are completed . common ivheat flour : — moisture content : 1 5 % maximum , 4. The intervention agency shall request the successful tenderer to supply the following informa­ — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ tion : lated on the dry matter), (a) after each shipment, a certificate showing the — ash content : 0-52 % maximum on the dry matter. quantitities dispatched and the quality of the products ; Article 7 (b) the date of departure of the vessels. 1 . The Belgian intervention agency shall be respon­ The information indicated above shall be forwarded sible for operations relating to the invitations to by the intervention agency to the Commission imme­ tender provided for by this Regulation . diately upon receipt. 2 . It shall forthwith communicate to the Commis­ 5. When the agency responsible for the operations sion the list of firms which have responded to the invi­ relating to tendering is not the intervention agency tation to tender, specifying the terms of each tender, which appoints the successful tenderer, it shall send as together with the name and business name of the successful tenderer. soon as possible to the latter the information neces­ sary for releasing the security. 3 . Where the customs export formalities for the mobilized product are completed in a Member State Article 8 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 In such case, the intervention agency choosing the Member State in whose territory the port of shipment successful tenderer shall immediately inform the inter­ is situated . vention agency of the Member State concerned and shall supply it with all the information which it may Article 9 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, 26 October 1979 .

For the Commission

Finn GUNDELACH Vice-President