31979R2699

1 . 12, 79 No L 305/67 Official Journal of the' European Communities

COMMISSION REGULATION (EEC) No 2699/79 of 30 November 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Madagascar

THE COMMISSION OF THE EUROPEAN that the tenders are as comparable as possible, account COMMUNITIES, should be taken of the effect on each tender of the 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 tp the Having regard to Council Regulation (EEC) No tenderer who makes the best offer ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Whereas it must be made clear who is to bear any Regulation (EEC) No 1 547/79 (2), costs which arise in the event that for reasons of force majeure the operation in question is not completed Having regard to Council Regulation (EEC) No within the time stipulated ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas provision should be made for security to be in particular Article 6 thereof, given to guarantee fulfilment of obligations arising by virtue of participation in the invitation to tender for leaving regard to Council Regulation No 129 on the the supply of goods to the Democratic Republic of value of the unit of account and the exchange rates to Madagascar ; be applied for the purposes of the common agriculr tural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof, Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ tion ; Having regard to the opinion of the Monetary Committee, Whereas it is important that the Commission be informed without delay of the tenders submitted in Whereas on 8 May 1 979 the Council of the European response to the invitation and of those accepted by Communities declared that by way of Community the intervention agency ; action it proposed to grant to the Democratic Repub­ lic of Madagascar the equivalent of 5 000 tonnes of common wheat, in the form of flour, i.e. 3 311 tonnes Whereas the measures provided for in this Regulation of wheat flour, under its 1978 /79 food-aid are in accordance with the opinion of the Manage­ 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 tenders should be invited for the supply of the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ Article 1 nated by the recipient or its agent ;

Whereas tenders may be submitted by tenderers esta­ 1 . Tenders are hereby invited for the supply to the blished in any Member State of the Community and Democratic Republic of Madagascar, by way of may relate to products mobilized anywhere within Community action , of 3 31 1 tonnes of common wheat flour. those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 2. The tendering procedure shall take place in (') OJ No L 281 , 1 . 11 . 1975, p. 1 . France in one lot . The product shall be mobilized on (*) OJ No L 188, 26. 7. 1979, p. 1 . the Community market. The product shall be loaded (J) OJ No L 281 , 1 . 11 . 1975, p. 89 . («) OJ No 106, 30. 10 . 1962, p. 2553/62. for departure from any Community port which has (s) OJ No L 263, 19. 9. 1973, p. 1 . regular services to Madagascar.

No L 305/68 Official Journal of the European Communities 1 . 12. 79

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

' Farine de froment / Don de la Communauté écono­ Article 4 mique européenne à Madagascar.'

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 tion agency may cancel the invitation to tender. Article 2

1 . The award of the contract shall take place on 14 Article 5 December 1979 .

1 . The tenderer shall give security in an amount of 2. The closing date for submission of tenders shall be 14 December 1979 at 12 noon . 12 ECU per tonne of goods.

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 Article 3 the prescribed time limit and on submission of 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), 2. Tenders must in particular mention the Member — in the case of the successful tenderer, for quanti­ State in which the tenderer, in the event of his being ties not supplied by reason of force majeure. declared successful, expects to complete the customs export formalities for the products concerned. 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a 3. For the purpose of rendering the tenders compar­ guarantee issued by a credit institution conforming to able, the prices shall be corrected by the monetary criteria laid down by each Member State. compensatory amount applicable on the closing date for submission of tenders to exports from the Member Article 6 State mentioned in the tender pursuant to paragraph 2. Such correction shall be made by : 1 . The common wheat floUr referred to in Article 1 — increasing prices which mention a Member State to be supplied to the Democratic Republic of whose currency has depreciated, Madagascar must meet the following requirements : — reducing prices which mention a Member State — moisture : 1 2 % maximum , whose currency has been revalued . — protein content : 1 0*5 % minimum (N x 6-25 on The monetary compensatory amount shall, where dry matter), appropriate, be converted into the currency of the Member State in which the invitation to tender is — ash content : 0-52 % maximum referred to dry matter . issued using :

— in the case when the currencies concerned are Flour not meeting these requirements shall be kept at any given moment within a band of refused .

1 . 12. 79 No L 305 / 69 Official Journal of the European Communities

2. Tenders for supply to the Democratic Republic average of the spot rates referred to in the second of Madagascar of the common wheat flour referred to subparagraph of Article 3 (3) to the tenderer in the in Article 1 must relate to a product with the currency of the Member State in which the operations following characteristics : relating to the tendering are completed. — moisture : 1 2 % maximum , 4. The intervention agency shall request the — protein content : 10-5% minimum (N x 6-25 on successful tenderer to supply the following informa­ dry matter), tion : — ash content : 0-52 % maximum referred to dry (a) after each shipment, a certificate showing the quan­ matter. tities dispatched and the quality of the products ; (b.) the date of departure of the vessels . Article 7 The information indicated above shall be forwarded 1 . The French intervention agency shall be respon­ by the intervention agency to the Commission imme­ sible for operations relating to the invitations to diately upon receipt. tender provided for by this Regulation . 2. It shall forthwith communicate to the Commis­ 5. When the agency responsible for the operations relating to tendering is not the intervention agency sion the list of firms which have responded to the invi­ which appoints the successful tenderer, it shall send as tation to tender, specifying the terms of each tender, soon as possible to the latter the information neces­ together with the name and business name of the successful tenderer. sary for releasing the security .

3. Where the customs export formalities for the Article 8 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 ten­ nity, by the agent of the recipient country or, in the derer. ^ absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment In such case, the intervention agency choosing the is situated . successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and Article 9 shall supply it with all the information which it may 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 Communities. shall be paid after it has been converted using the

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

Done at Brussels, 30 November 1979 .

For the Commission

Finn GUNDELACH

Vice-President