31979R2474

10 . 11 . 79 Official Journal of the European Communities No L 281 / 13

COMMISSION REGULATION ( EEC) No 2474/79 of 9 November 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 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 offering the best terms ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas in case it should be impossible for reasons of tion of the market in cereals ('), as last amended by force majeure to complete the operation in question Regulation ( EEC) No 1 547/ 79 (2), within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; 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 the obligations arising in particular Article 6 thereof, by virtue of participation in the invitation to tender ;

Having regard to Council Regulation No 129 on the Whereas the Dutch 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 the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to the opinion of the Monetary and of those accepted by the intervention agency ; Committee,

Whereas the measures provided for in this Regulation Whereas on 8 May 1979 the Council of the European are in accordance with the opinion of the Manage­ Communities declared that it proposed , by way of ment Committee for Cereals, Community action , to grant the equivalent of 500 tonnes of common wheat ( in other words 376 tonnes of common wheat flour) to the Catholic Relief Services under its 1978 /79 food-aid programme ; HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula­ 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 1 . Tenders are hereby invited for the supply to the the product to the port of shipment in the vicinity of the vessel , the goods to be set down at the place nomi­ Catholic Relief Services, by way of Community action , of 376 tonnes of common wheat flour . nated by the recipient or its agent ;

Whereas tenders may be submitted by tenderers esta­ 2. The tendering procedure shall take place in the blished in any Member State of the Community and Netherlands in one lot . The product shall be mobi­ may relate to products mobilized anywhere within lized on the Community market . The product shall be those Member States ; whereas, in view of the currency loaded for departure from a Community port . situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 3 . 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.

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4. The successful tenderer shall deliver the product State in which the invitation to tender is issued specified in paragraph 1 in new jute sacks lined with during a period from the Wednesday of one week cotton sacks of a net capacity of 50 kilograms. 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 tender. ' Farine de Froment / Don de la Communauté écono­ mique européenne / Pour distribution gratuite en Article 4 Haïti / Cathwell / Port-au-Prince'. The contract shall be awarded to the tenderer offering To allow for the possibility of re-bagging, the the best terms, taking into consideration the adjust­ successful tenderer shall supply 2 % of new empty ment referred to in Article 3 (3). sacks, of the same quality as those containing the goods but with the printing followed by a capital However, if the tenders submitted do not appear to letter 'R'. reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. Article 2 Article 5 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken If the tenderer is unable to deliver the goods in on 23 November 1979 . compliance with Article 1 (3) on the date given in the notice of invitation to tender as a result of the late 2. The closing date for submission of tenders shall availability of the vessels to be used for sea transporta­ be 23 November 1979 at 12 noon . tion the resulting costs shall be borne by the interven­ tion agency. 3 . The notice of invitation to tender shall be published in the Official Journal of the European Article 6 Communities not less than nine days before the closing date for submission of tenders. 1 . The tenderer shall give security of a value of 12 ECU per tonne of goods. Article 3 It shall be released : 1 . The prices offered must be expressed in the — in the case of all tenderers whose tenders are currency of the Member State in which the invitation to tender was issued . unsuccessful or are not accepted, — in the case of the successful tenderer, when the 2. Tenders must in particular mention the Member operations concerned have been carried out within State in which the tenderer, in the event of his being the prescribed time limit and on submission of declared successful , expects to complete the customs the original export licence duly granted and export formalities for the products concerned . endorsed by the competent authorities of the Member State mentioned in the tender pursuant 3 . For the purpose of rendering the tenders compar­ to Article 3 (2), able, the prices shall be corrected by the monetary — in the case of the successful tenderer for quantities compensatory amount applicable on the closing date not supplied by reason of force majeure. for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph 2. The security required under paragraph 1 may be 2. Such correction shall be made by : provided in the form of a cash deposit or of a — increasing prices which mention a Member State guarantee issued by a credit institution conforming to whose currency has depreciated, criteria laid down by each Member State . — reducing prices which mention a Member State whose currency has been revalued . Article 7

The monetary compensatory amount shall , where 1 . The common wheat flour referred to in Article 1 appropriate, be converted into the currency of the must meet the following requirements : Member State in which the invitation to tender is — moisture : 1 2 % maximum , issued using : — protein content : 10 5 % minimum (N x 6 25 on — in the case when the currencies concerned are dry matter), kept at any given moment . within a band of — ash content : 0-62 % maximum referred to dry 2-25 % , a conversion rate resulting from their matter . central rate, — in the other cases, the average of the spot rates of Flour not meeting these requirements shall be the currencies concerned recorded in the Member refused .

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2. Tenders for supply of the common wheat flour average of the spot rates referred to in the second referred to in Article 1 must relate to a product with subparagraph of Article 3 (3) to the tenderer in the the following characteristics : currency of the Member State in which the operations — moisture : 12% maximum , relating to the tendering are completed. — protein content : 10 5 /o minimum (N x 6-25 on 4. The intervention agency shall request the dry matter), successful tenderer to supply the following informa­ tion : — ash content : 0-62 % maximum referred to dry matter . (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; Article 8 (b) the date of departure of the vessels. 1 . The Dutch intervention agency shall be respon­ The information indicated above shall be forwarded sible for operations relating to the invitation to tender by the intervention agency to the Commission imme­ provided for by this Regulation . diately upon receipt. 2 . It shall forthwith communicate to the Commis­ 5. When the intervention agency responsible for sion the list of firms which have responded to the invi­ the operations relating to tendering is not the interven­ tation to tender, specifying the terms of each tender, tion agency which appoints the successful tenderer, it together with the name and business name of the shall send as soon as possible to the latter the informa­ successful tenderer. tion necessary for releasing the security. 3 . Where the customs export formalities for the A rt'ule 9 mobilized product are completed in a Member State 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 this case, the intervention agency choosing the Member State in whose territory the port of shipment is situated . successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and shall supply it with all the information which it may Article 10 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 , 9 November 1979 . For the Commission

Finn GUNDELACH Vice-President