31980R0100

No L 14/ 8 Official Journal of the European Communities 19 . 1 . 80

COMMISSION REGULATION ( EEC) No 100/ 80

of 18 January 1980

opening an invitation to tender (or the mobilization of common wheat flour as food aid for the Arab Republic of Syria

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 tion of the market in cereals ('), as last amended by of force majeure to complete the operation in ques­ Regulation (EEC) No 1 547/79 (2), tion 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 Italian intervention agency should be value of the unit of account and the exchange rates to made responsible for the tendering procedure ; be applied for the purposes of the common agricul­ 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 and of those accepted by the intervention agency ; Having regard to the opinion of the Monetary 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 1 000 tonnes of common wheat (in other words 720 tonnes of common wheat flour) to the Arab Republic of Syria 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 by way the product to the port of shipment in the vicinity of of Community action to the Arab Republic of Syria of the vessel , the goods to be set down at the place nomi­ 720 tonnes of common wheat flour. nated by the recipient or its agent ;

2. The tendering procedure shall take place in Italy Whereas tenders may be submitted by tenderers esta­ in one lot. The product shall be mobilized on the blished in any Member State of the Community and Community market. The products shall be loaded for may relate to products mobilized anywhere within departure from any Community port. those Member States ; whereas, in view of the currency 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 ( 1 ) 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 (J) 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.

19 . 1 . 80 Official Journal of the European Communities No L 14/ 9

4. The successful tenderer shall deliver the — in the case when the currencies concerned are products in new cotton sacks of a net capacity of 50 kept at any given moment within a band of kilograms. 2-25 % , a conversion rate resulting from their central rate, The minimum weight of the sacks shall be 180 grams. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member The following shall be printed on the sacks : State in which the invitation to tender is issued

during a period from the Wednesday of one week ' Farine de froment / Don de la Communauté écono­ to the Tuesday of the following week, being the mique européenne à la République arabe syrienne'. period immediately preceding the closing date for submission of tenders . To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty sacks of the same quality as those containing the Article 4 goods but with the printing followed by a capital letter 'R'. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ Article 2 ment referred to in Article 3 (3).

1 . The decision on tenders received in response to However, if the tenders submitted do not appear to the invitation provided for in Article 1 shall be taken reflect normal market prices and costs, the interven­ on 1 February 1980 . ' tion agency may cancel the invitation to tender.

2. The closing date for the submission of tenders shall be 1 February 1980 at 12 noon . Article 5

3 . The notice of invitation to tender shall be If the tenderer is unable to deliver the goods in published in the Official Journal of the European compliance with Article 1 (3) on the date given in the Communities not less than nine days before the notice of invitation to tender as a result of the late closing date for the submission of tenders. availability of the vessels to be used for sea transporta­ tion the resulting costs shall be borne by the interven­ tion agency . Article 3

1 . The prices offered must be expressed in the Article 6 currency of the Member State in which the invitation to tender was issued . 1 . The tenderer shall give security of a value of 12 2. Tenders must in particular mention the Member ECU per tonne of goods. State in which the tenderer, in the event of his being declared successful, expects to complete the customs It shall be released : export formalities for the products concerned. — in the case of all tenderers whose tenders are 3. For the purpose of rendering the tenders compar­ unsuccessful or are not accepted, able, the prices shall be corrected by the monetary — in the case of the successful tenderer, when the compensatory amount applicable on the closing date operations concerned have been carried out within for submission of tenders to exports from the Member the prescribed time limit and on submission of State mentioned in the tender pursuant to paragraph the original export licence duly granted and 2 . Such correction shall be made by : endorsed by the competent authorities of the Member State mentioned in the tender pursuant — increasing prices which mention a Member State to Article 3 (2), whose currency has depreciated, — in the case of the successful tenderer for quantities — reducing prices which mention a Member State not supplied by reason of force majeure. whose currency has been revalued.

The monetary compensatory amount shall, where 2. The security required under paragraph 1 may be appropriate, be converted into the currency of the provided in the form of a cash deposit or of a Member State in which the invitation to tender is gurantee issued by a credit institution conforming to issued using : criteria laid down by each Member State.

No L 14/ 10 19 . 1 . 80 Official Journal of the European Communities

Article 7 vention agency of the Member State concerned and shall supply it with all the information which it may 1 . The common wheat flour referred to in Article 1 require. must meet the following requirements :

Futhermore, the amount of the successful tender shall — moisture : 14 % maximum , be paid after it has been converted using the average — protein content : 10-5 % minimum (N x 6-25 on of the spot rates referred to in the second subpara­ dry matter), graph of Article 3 (3) to the tenderer in the currency — ash content : 0-62 % maximum referred to dry of the Member State in which the operations relating matter. to the tendering are completed.

Flour not meeting these requirements shall be re­ 4. The intervention agency shall request the fused . successful tenderer to supply the following informa­ tion : 2. Tenders for supply of the common wheat flour referred to in Article 1 must relate to a product with (a) after each shipment a certificate showing the quan­ the following characteristics : tities dispatched and the quality of the products ; — moisture : 14 % maximum, (b) the date of departure of the vessels. — protein content : 10-5 % minimum (N x 6-25 on The information indicated above shall be forwarded dry matter), by the intervention agency to the Commission imme­ — ash content : 0-62 % maximum referred to dry diately upon receipt. matter . 5. When the intervention agency responsible for Article 8 the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it 1 . The Italian intervention agency shall be respon­ shall send as soon as possible to the latter the informa­ sible for the operations relating to the invitation to tion necessary for releasing the security. tender provided for by this Regulation .

2 . It shall forthwith communicate to the Commis­ Article 9 sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, On delivery of the goods at the port of shipment, a together with the name and business name of the handing-over certificate shall be supplied to the successful tenderer . successful tenderer, acting as agent for the Commu­ nity, by the agent of the recipient country, or, in the 3 . Where the customs export formalities for the absence of the latter, by the intervention agency of the mobilized product are completed in a Member State Member State in whose territory the port of shipment other than that in which the invitation to tender is is situated . issued, the intervention agency of the latter Member State shall be responsible for the operations following Article 10 tendering, including payment to the successful tenderer . This Regulation shall enter into force on the day of its In such case, the intervention agency choosing the publication in the Official Journal of the European successful tenderer shall immediately inform the inter­ Communities.

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

Done at Brussels, 18 January 1980 .

For the Commission

Finn GUNDELACH

Vice-President