31980R0238

No L 27/ 18 2 . 2 . 80 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 238 / 80 of 1 February 1980 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Sao Tome and Principe

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 award under the invitation to tender must be made in favour of the tenderer offering the Having regard to Council Regulation (EEC) No best terms ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( l ), as last amended by Regulation (EEC) No 1 547/79 (*), Whereas, should force majeure make it impossible to complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to Council Regulation (EEC) No the liability for any resulting costs ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ Having regard to Council Regulation No 129 on the tion to tender will be fulfilled ; value of the unit of account and the exchange rates to be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) Whereas the Belgian intervention agency should be No 2543/73 (5 ), and in particular Article 3 thereof, made responsible for the tendering procedure ;

Having regard to the opinion of the Monetary Whereas the Commission must be informed quickly Committee, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Whereas on 8 May 1979 the Council of the European Communities declared that it proposed, by way of Whereas the measures provided for in this Regulation Community action , to grant the equivalent of 1 000 are in accordance with the opinion of the Manage­ tonnes of common wheat (in other words 662 tonnes ment Committee for Cereals , of common wheat flour) to the Democratic Republic of Sao Tome and Principe 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 the proposed invitation to tender should be for supply of the products to the dock or in the 1 . Tenders are hereby invited for the supply to the lighter where applicable at the port of unloading ; Democratic Republic of Sao Tome and Principe, by way of Community action , of 662 tonnes of common wheat flour . Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and may relate to products mobilized anywhere within 2. The tendering procedure shall take place in those Member States ; whereas , in view of the currency Belgium in one lot . situation in the Member States and in order to ensure

3 . The products shall be mobilized on the Commu­ (') OJ No L 281 , I. 1 1 . 1 975 , p. I. (2 ) OJ No L 188 , 26 . 7. 1979 , p. 1 . nity market . (3 ) OJ No L 281 , 1 . 11 . 1975 , p. 89 . («) OJ No 106, 30 . 10 . 1962, p. 2553/ 62 . (*) O ) No L 263 , 19 . 9 . 1973 , p. 1 . 4. Shipment shall be from a Community port.

2 . 2 . 80 No L 27/ 19 Official Journal of the European Communities

5 . The invitation to tender provided for in para­ — reducing prices which mention a Member State graph 1 is for supply of products delivered to Sao whose currency has been revalued . Tome, that is at the moment when the goods are actu­ ally placed on the quay or in the lighter where appli­ cable . The monetary compensatory amount shall, where appropriate, be converted into the currency of the Member State in which the invitation to tender is 6. The successful tenderer shall deliver the product issued using : specified in paragraph 1 in new jute sacks lined with cotton sacks of a net capacity of 50 kilograms. — in the case when the currencies concerned are kept at any given moment within a band of The following shall be printed on the sacks : 2-25 % , a conversion rate resulting from their central rate, Farinha — Dom da Comunidade Econòmica Euro­ peia à Republica Democràtica de Sao Tomé e Prin­ — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member cipe'. State in which the invitation to tender is issued during a period from the Wednedsday of one To allow for the possibility of re-bagging, the week to the Tuesday of the following week being successful tenderer shall supply 2 % of new empty the period immediately preceding the closing date sacks, of the same quality as those containing the for submission of tenders . goods but with the printing followed by a capital letter ' R '.

Article4¶

The contract shall be awarded to the tenderer offering 1 . The decision on tenders received in response to the best terms, taking into consideration the adjust­ the invitation provided for in Article 1 shall be taken ment referred to in Article 3 (3). on 15 February 1980 .

However, if the tenders submitted do not appear to 2. The closing date for the submission of tenders reflect normal market prices and costs, the interven­ shall be 15 February 1980 at 12 noon . tion agency may cancel the invitation to tender.

3 . The notice of invitation to tender shall be published in the Official Journal of the European Communities not less than nine days before the Article 5 closing date for the submission of tenders .

1 . The tenderer shall give security in an amount of 12 ECU per tonne of goods. Article 3

It shall be released : 1 . The prices offered must be expressed in the currency of the Member State in which the invitation to tender was issued . — in the case, of all tenderers whose tenders are unsuccessful or are not accepted,

2 . Tenders must in particular mention the Member — in the case of the successful tenderer, when the State in which the tenderer, in the event of his being operations concerned have been carried out within declared successful , expects to complete the customs the prescribed time limit and on submission of export formalities for the products concerned . the original export licence duly granted and 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 , where appropriate, be corrected by the monetary compensatory amount applicable on — in the case of the successful tenderer, for quanti­ the closing date for submission of tenders to exports ties not supplied by reason of force majeure. from the Member State mentioned in the tender pursuant to paragraph 2 . Such correction shall be made by ; 2 . The security required under pargraph 1 may be 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 .

No L 27 / 20 2 . 2 . 80 Official Journal of the European Communities

Article 6 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 . to be supplied to Sao Tome and Principe must meet the following requirements : Furthermore , the amount of the successful tender shall be paid after it has been converted using the — moisture : 14% maximum , average of the spot rates referred to in the second — protein content : 1 0-5 % minimum (N x 6-25 on subparagraph of Article 3 (3) to the tenderer in the dry matter), currency of the Member State in which the operations — ash content : 0-52 % maximum referred to dry relating to the tendering are completed . matter . 4. The intervention agency shall ask that the Flour not meeting these requirements shall be tenderer specifies the following information : refused . (a) after each shipment, a statement giving details of 2. Tenders for supply to Sao Tome and Principe of the quantities loaded, the quality of the products the common wheat flour referred to in Article 1 must and their packaging ; relate to a product with the following characteristics : (b) the date of the departure of the ships and the expected date of arrival of the products at their — moisture : 14 % maximum , destination ; — protein content : 1 0-5 % minimum (N x 6-25 on (c) all possible contingencies which might occur dry matter), during transportation of the products. — ash content : 0 52 % maximum referred to dry matter . The intervention agency shall transmit the informa­ tion provided for to the Commission as soon as it is received . Article 7 5. When the intervention agency responsible for 1 . The Belgian intervention agency shall be respon­ the operations relating to tendering is not the interven­ sible for the operations relating to the invitation to tion agency which appoints the successful tenderer, it tender provided for by this Regulation . shall send as soon as possible to the latter the informa­ 2. It shall forthwith communicate to the Commis­ tion necessary for releasing the security. sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, Article 8 together with the name and business name of the As regards this tender, the intervention agency is auth­ successful tenderer . orized to make an initial payment of 80 % of the 3 . Where the customs export formalities for the value of the quantity given in the bill of lading, on mobilized product are completed in a Member State presentation of that document and subject to the other than that in which the invitation to tender is taking of a security for an amount equal to the initial issued, the intervention agency of the latter Member payment . State shall be responsible for the operations following Article 9 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 Communities. successful tenderer shall immediately inform the inter­

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

Done at Brussels, 1 February 1980 . For the Commission

Finn GUNDELACH Vice-President