31979R2358

No L 270/8 Official Journal of the European Communities 27 . 10 . 79

COMMISSION REGULATION ( EEC) No 2358 / 79 of 26 October 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the Democratic Republic of Sudan

THE COMMISSION OF THE EUROPEAN Whereas the award under the invitation to tender COMMUNITIES , must be made in favour of the tenderer offering the best terms ; Having regard to the Treaty establishing the European Economic Community, Whereas, should force majeure make it impossible to complete the operation in question within the set Having regard to Council Regulation ( EEC) No time limits, it should be made clear who is to bear the 2727/75 of 29 October 1975 on the common organiza­ liability for any resulting costs ; tion of the market in cereals ('), as last amended by Regulation ( EEC) No 1 547/79 (2), Whereas provisions should be made for security to be given for the purpose of guaranteeing that the obliga­ Having regard to Council Regulation ( EEC) No tions arising by virtue^ of participation in the invita­ 2750/ 75 of 29 October 1975 laying down the condi­ tion to tender will be fulfilled ; tions for the mobilization of cereals as food aid ( 3 ), and in particular Article 6 thereof, Whereas the Belgian intervention agency should be made responsible for organizing the invitation to Having regard to Council Regulation No 129 on the tender ; 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 30 January 1978 the Council of the Euro­ pean Communities declared that by way of Commu­ nity action it proposed to grant Sudan 1 000 tons of common wheat under its 1977/ 78 food-aid HAS ADOPTED THIS REGULATION : 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 . Tenders are hereby invited for the supply, by way of Community food-aid action , to the Democratic Whereas tenders should be invited for the supply of Republic of Sudan of I 000 tonnes of common wheat . the product to the port of shipment in the vicinity of 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 Kingdom of Belgium and shall be in respect of a Whereas tenders may be submitted by tenderers esta­ single lot. 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 4 . Shipment shall be from Antwerp . should be taken of the effect on each tender of the currency situation in the Member State in which the 5 . The product referred to in paragraph 1 is to be customs export formalities will be completed ; delivered in new jute sacks of a net capacity of 50 kilo­ grams to the port of shipment in the vicinity of the (') OJ No L 281 , 1 . 1 1 . 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 , I. 1 1 . 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.

27 . 10 . 79 Official Journal of the European Communities No L 270 / 9

Minimum weight of the sacks shall be 600 grams. The State in which the invitation to tender is issued following shall be printed on the sacks : during a period from the Wednesday of one week to the Tuesday of the following week being the 'Wheat / Gift of the the European Economic Commu­ period immediately preceding the closing date for nity to Sudan'. submission of tenders .

To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty Article 4 sacks, of the same quality as those containing the goods but with the printing followed by a capital The contract shall be awarded to the tenderer offering letter ' R'. the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3).

Article 2 However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 1 . The decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided for in Article 1 shall be taken on 9 November 1979 . Article 5 2. The closing date for submission of tenders shall be 9 November 1979 at 12 noon . If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the 3 . The notice of invitation to tender shall be notice of invitation to tender as a result of the late published in the Official Journal of the European availability of the vessels to be used for sea transporta­ Communities not less than nine days before the tion , the resulting costs shall be borne by the interven­ closing date for submission of tenders. tion agency.

Article3¶

1 . The prices offered must be expressed in the 1 . The tenderer shall give security in an amount of currency of the Member State in which the invitation 6 ECU per tonne of goods . to tender was issued . It shall be released : 2. Tenders must in particular mention the Member — in the case of all tenderers whose tenders are State in which the tenderer, in the event of his being unsuccessful or are not accepted, declared successful, expects to complete the customs export formalities for the products concerned . — in the case of the successful tenderer, when the operations concerned have been carried out within 3 . For the purpose of rendering the tenders compar­ the prescribed time limit and on submission of able, the prices shall be corrected by the monetary the original export licence duly granted and compensatory amount applicable on the closing date endorsed by the competent authorities of the for submission of tenders to exports from the Member Member State mentioned in the tender pursuant State mentioned in the tender pursuant to paragraph to Article 3 (2), 2. Such correction shall be made by : — in the case of the successful tenderer, for quanti­ ties not supplied by reason of force majeure. — increasing prices which mention a Member State whose currency has depreciated , 2. The security required under paragraph 1 may be — reducing prices which mention a Member State provided in the form of a cash deposit or of a whose currency has been revalued . guarantee issued by a credit institution conforming to criteria laid down by each Member State . The monetary compensatory amount shall , where appropriate, be converted into the currency of the Member State in which the invitation to tender is Article 7 issued using : The common wheat referred to in Article 1 must be — in the case when the currencies concerned are of fair and sound merchantable quality and corres­ kept at any given moment within a band of pond at least to the standard quality for which the 2-25 % , a conversion rate resulting from their intervention price is fixed, except that the moisture central rate, content shall not exceed 1 5-5 % and that a maximum — in other cases, the average of the spot rates of the of 3 % of sprouted grains and 1-5 % of miscellaneous currencies concerned recorded in the Member impurities shall be allowed .

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

Article 8 (a) after shipment a certificate showing the quantities dispatched and the quality of the products ; 1 . The Belgian intervention agency shall be respon­ (b) the date of departure of the ships ; sible for operations relating to the invitations to tender provided for by this Regulation . (c) all possible contingencies which might occur 2 . It shall forthwith communicate to the Commis­ during transportation of the products. sion the list of firms which have responded to the invi­ The information indicated above shall be forwarded tation to tender, specifying the terms of each tender, by the intervention agency to the Commission imme­ together with the name and business name of the diately upon receipt. successful tenderer . 3 . Where the customs export formalities for the 5 . When the intervention agency responsible for mobilized product are completed in a Member State the operations relating to tendering is not the interven­ other than that in which the invitation to tender is tion agency which appoints the successful tenderer, it issued , the intervention agency of the latter Member shall send as soon as possible to the latter the informa­ State shall be responsible for the operations following tion necessary for releasing the security. tendering, including payment to the successful tenderer . Article 9 In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ On delivery of the goods at the port of shipment a vention agency of the Member State concerned and handing-over certificate shall be supplied to the shall supply it with all the information which it may successful tenderer, acting as agent for the Commu­ require . nity, by the agent of the recipient country, or, in the absence of the latter, by the intervention agency of the Furthermore , the amount of the successful tender Member State in whose territory the port of shipment shall be paid after it has been converted using the is situated . average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 10 relating to the tendering are completed . 4 . The intervention agency shall request the This Regulation shall enter into force on the day of its successful tenderer to supply the following informa­ publication in the Official Journal of the European tion : 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