31979R2757

8 . 12 . 79 No L 312/ 13 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2757/79 of 7 December 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 Whereas the contract should be awarded to the COMMUNITIES, tenderer offering the best terms ;

Having regard to the Treaty establishing the European Whereas, in case it should be impossible for reasons Economic Community, of force majeure to complete the operation in ques­ tion within the set time limits, it must be made clear Having regard to Council Regulation (EEC) No who is to bear any costs resulting therefrom ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( J ), as last amended by Regulation (EEC) No 1 547/79 (2), Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising Having regard to Council Regulation (EEC) No by virtue of participation in the invitation to tender ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the French intervention agency should be in particular Article 6 thereof, made responsible for the tendering procedure in ques­ tion ; Having regard to Council Regulation No 129 on the 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 8 May 1979 the Council of the European Communities declared that it proposed, by way of Community action , to grant the equivalent of 7 500 tonnes of common wheat (in other words 5 639 tonnes of common wheat flour) to the Catholic Relief HAS ADOPTED THIS REGULATION : Service under its 1978 /79 food-aid 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 to the Whereas tenders should be invited for the supply of Catholic Relief Services, by way of Community action, the product to the port of shipment in the vicinity of of 5 639 tonnes of common wheat flour. 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 France in four lots . Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and may relate to products mobilized anywhere within 3 . The products 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 should be taken of the effect on each tender of the 4. Shipment shall be from a Community port. currency situation in the Member State in which the customs export formalities will be completed ; 5. 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 . of delivery being settled by the tenderer and the recip­ («) OJ No 106, 30 . 10 . 1962, p. 2553/62. (5) OJ No L 263, 19 . 9 . 1973, p. 1 . ient country's agent.

No L 312/ 14 8 . 12 . 79 Official Journal of the European Communities

6. The successful tenderer shall deliver the product for submission of tenders to exports from the Member specified in paragraph 1 in new jute sacks lined with State mentioned in the tender pursuant to paragraph cotton sacks of a net capacity of 50 kilograms. 2. Such correction shall be made by :

The following shall be printed on the sacks : — increasing prices which mention a Member State whose currency has depreciated, Lot 1 : 272 tonnes : — reducing prices which mention a Member State Hanna de trigo / Donación de la Comunidad econ­ whose currency has been revalued. ómica europea para Cathwell Chile / Destinada a la distribución gratuita The monetary compensatory amount shall, where Cathwell / 5124 / Antofagasta'. appropriate, be converted into the currency of the Member State in which the invitation to tender is Lot 2 : 314 tonnes : issued using : Hanna de trigo / Donación de la Comunidad econ­ — in the case when the currencies concerned are ómica europea para Cathwell Chile / Destinada a la kept at any given moment within a band of distribución gratuita 2.25 % , a conversion rate resulting from their Cathwell / 5125 / Coquimbo . central rate, Lot 3 : 2 326 tonnes : — in the other cases, the average of the spot rates of Harina de trigo / Donación de la Comunidad econ­ the currencies concerned recorded in the Member ómica europea para Cathwell Chile / Destinada a la State in which the invitation to tender is issued distribución gratuita during a period from the Wednesday of one week to the Tuesday of the following week being the Cathwell / 5126 / Valparaiso . period immediately preceding the closing date for Lot 4 : 2 727 tonnes : submission of tenders . 'Harina de trigo / Donación de la Comunidad econ­ ómica europea para Cathwell Chile / Destinada a la Article 4 distribución gratuita Cathwell / 5127 / Talcahuano . The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ To allow for the possibility of re-bagging, the ment referred to in Article 3 (3). successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the However, if the tenders submitted do not appear to goods but with the printing followed by a capital reflect normal market prices and costs, the interven­ letter ' R'. tion agency may cancel the invitation to tender.

Article2¶

1 . The decision on tenders received in response to If the tenderer is unable to deliver the goods in the invitation provided for in Article 1 shall be taken compliance with Article 1 (5) on the date given in the on 21 December 1979 . notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ 2. The closing date for submission of tenders shall tion the resulting costs shall be borne by the interven­ be 21 December 1979 at 12 noon . tion agency. 3 . The notice of invitation to tender shall be Article 6 published in the Official Journal of the European Communities not less than nine days before the 1 . The tenderer shall give security of a value of 12 closing date for submission of tenders. ECU per tonne of goods.

Article3¶

— in the case of all tenderers whose tenders are 1 . The prices offered must be expressed in the unsuccessful or are not accepted, currency of the Member State in which the invitation to tender was issued . — in the case of the successful tenderer, when the operations concerned have been carried out within 2. Tenders must in particular mention the Member the prescribed time limit and on submission of State in which the tenderer, in the event of his being the original export licence duly granted and declared successful, expects to complete the customs endorsed by the competent authorities of the export formalities for the products concerned . Member State mentioned in the tender pusuant to Article 3 (2), 3 . For the purpose of rendering the tenders compar­ 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.

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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 : 14 % maximum , currency of the Member State in which the operations — protein content : 10.5 % 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 : 14 % maximum, by the intervention agency to the Commission imme­ — protein content : 10.5 % minimum (N x 6.25 on diately upon receipt. 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 sible for operations relating to the invitation to tender Article 9 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, 7 December 1979 .

For the Commission

Finn GUNDELACH Vice-President