31980R1772

No L 173/ 18 Official Journal of the European Communities 8 . 7 . 80

COMMISSION REGULATION (EEC) No 1772/80 of 4 July 1980 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of Tanzania

THE COMMISSION OF THE EUROPEAN Whereas the contract should be awarded to the COMMUNITIES, tenderer who makes the best offer ;

Having regard to the Treaty establishing the European Whereas it must be made clear who is to bear any Economic Community, 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 ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals (•), as last amended by Whereas provision should be made for security to be Regulation (EEC) No 1547/79(2), given to guarantee fulfilment of obligations arising by virtue of participation in the invitation to tender for Having regard to Council Regulation (EEC) No the supply of goods to Tanzania. 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (J), and in particular Article 6 thereof, Whereas the French intervention agency should be made responsible for organizing the invitation to tender ; 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 it is important that the Commission be tural policy (4), as last amended by Regulation (EEC) informed without delay of the tenders submitted in No 2543/73 (5), and in particular Article 3 thereof, 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 are in accordance with the opinion of the Manage­ Whereas on 28 May 1980 the Council of the Euro­ ment Committee for Cereals, pean Communities declared that by way of Commu­ nity action it proposed to grant Tanzania the equiva­ lent of 5 000 tonnes of common wheat, in the form of flour, i.e. 3 311 tonnes of common wheat flour, under HAS ADOPTED THIS REGULATION : its 1979/80 food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased Article 1 anywhere on the Community market ; 1 . An invitation to tender shall be issued in respect Whereas tenders should be invited for the supply of of the supply of 3 311 tonnes of common wheat flour the product to the port of shipment in the vicinity of to Tanzania by way of Community food-aid action . 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 and shall be in respect of one lot. 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 goods 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 4. Shipment shall be from a Community port. should be taken of the effect on each tender of the currency situation in the Member State in which the 5. The product referred to in paragraph 1 is to be customs export formalities will be completed ; delivered in new sacks of a net capacity of 50 kilo­ grams 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 0 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 . («) 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.

8 . 7 . 80 Official Journal of the European Communities No L 173 / 19

State in which the invitation to tender is issued The following shall be printed on the sacks — jute sacks of a minimum weight of 600 g : during a period from the Wednesday of one week to the Tuesday of the following week being the 'Common wheat flour / Gift of the European period immediately preceding the closing date for Economic Community to Tanzania'. submission of tenders.

To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty Article 4 sacks, of the same quality as those containing the goods but with the printing followed by a capital The contract shall be awarded to the tenderer offering letter ' R\ the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3).

Article 2 However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 1 . The award of the contract shall take place on 18 tion agency may cancel the invitation to tender. July 1980.

2. The closing date for submission of tenders shall Article 5 be 18 July at 12 noon .

3. The notice of invitation to tender shall be 1 . The tenderer shall give security in an amount of 12 ECU per tonne of goods. published in the Official Journal of the European Communities not less than seven days before the It shall be released : closing date for submission of tenders.

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

3. For the prupose of rendering the tenders compar­ 2. The security required under paragraph 1 may be able, the prices shall be corrected by the monetary provided in the form of a cash deposit or of a compensatory amount applicable on the closing date guarantee issued by a credit institution conforming to for submission of tenders to exports from the Member criteria laid down by each Member State . State mentioned in the tender pursuant to paragraph 2. Such correction shall be made by : Article 6 — increasing prices which mention a Member State whose currency has depreciated, 1 . The goods referred to in Article 1 which are to — reducing prices which mention a Member State be supplied to Tanzania must meet the following whose currency has been revalued. requirements : The monetary compensatory amount shall, where common wheat flour : appropriate, be converted into the currency of the Member State in which the invitation to tender is — moisture content : 14% maximum, issued using : — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ — in the case when the currencies concerned are lated on the dry matter), kept at any given moment within a band of — ash content : 0-52 % maximum on the dry matter. 2-25 % , a conversion rate resulting from their central rate, If the goods referred to in Article 1 do not meet the — in the other cases, the average of the spot rates of foregoing requirements they shall be rejected and the the currencies concerned recorded in the Member successful tenderer shall be owner thereof.

No L 173 / 20 Official Journal of the European Communities 8 . 7 . 80

2. Tenders for supply to Tanzania of the goods average of the spot rates referred to in the second referred to in Article 1 must relate to products with subparagraph of Article 3 (3) to the tenderer in the the following characteristics : currency of the Member State in which the operations relating to the tendering are completed. common wheat flour : — moisture content : 14% maximum, 4. The intervention agency shall request the successful tenderer to supply the following informa­ — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ tion : lated on the dry matter), — ash content : 0*52 % maximum on the dry matter. (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; Article 7 (b) the date of departure of the vessels.

The information indicated above shall be forwarded 1 . The French intervention agency shall be respon­ 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 agency responsible for the operations sion the list of firms which have responded to the invi­ relating to tendering is not the intervention agency tation to tender, specifying the terms of each tender, which appoints the successful tenderer, it shall send as together with the name and business name of the soon as possible to the latter the information neces­ 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 nity, by the agent of the recipient country or, in the tenderer. 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, 4 July 1980 .

For the Commission Finn GUNDELACH Vice-President