31975R1168

6 . 5 . 75 No L 116 / 17 Official Journal of the European Communities

REGULATION ( EEC) No 1168 / 75 OF THE COMMISSION of 5 May 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for Guinea Bissau

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES , given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ Having regard to the Treaty establishing the European tion to tender for supplies to Guinea Bissau will be Economic Community ; fulfilled ;

Having regard to Council Regulation No 120 / Whereas the Italian intervention agency should be 67/ EEC (') of 13 June 1967 on the common organiza­ made responsible for the tendering procedure ; tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 665/ 75 ( 2 ) ; ' 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 Council Regulation ( EEC) No 1 693 /72 ( 3 ) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid , and Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis­ in particular Article 6 thereof ; aged should be adopted in accordance with the condi­ Whereas on 26 March 1975 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation No 129 (4 ) on the value of the unit of account and the pean Communities declared that it proposed , by way exchange rates to be applied for the purposes of the of Community action , to grant the equivalent of 500 common agricultural policy, as last amended by Regu­ metric tons of common wheat ( in other words 331 lation ( EEC) No 2543 /73 (5 ), and in particular Article metric tons of common wheat flour) to Guinea Bissau 3 thereof ; under its 1974/ 75 food-aid programme ;

Whereas the measures provided for in this Regulation Whereas pursuant to Article 3 (3) of Council Regula­ are in accordance with the Opinion of the Manage­ tion ( EEC) No 1693 / 72 the goods may be purchased ment Committee for Cereals , anywhere on the Community market ;

Whereas the proposed invitation to tender should be for supply of the products delivered cif, that is at the HAS ADOPTED THIS REGULATION : moment , when the goods are actually removed from the ship's hold at the port of unloading ; Articlc / Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 1 . Tenders are hereby invited for the supply to may relate to products mobilized anywhere within Guinea Bissau , by way of Community action , of 331 those Member States ; whereas , in view of the currency metric tons of common wheat flour . situation in the Member States and in order to ensure that the tenders are as comparable as possible , account 2 . The tendering procedure shall take place in Italy should be taken of the effect on each tender of the in one lot . The product shall be mobilized on the currency situation in the Member State in which the market . The products shall be loaded for departure the customs export formalities will be completed ; from a Community port .

Whereas the award under the invitation to tender 3 . The invitation to tender provided for in para­ must be made in favour of the tenderer offering the graph 1 is for supply of products delivered cif, that is best terms ; at the moment when the goods are actually removed from the ship's hold at the port of unloading. Whereas, should force nnijcurc make it impossible to complete the operation in question within the time The recipient country shall bear all costs subsequent limits specified , it must be made clear who is to bear to delivery of the goods, including unloading costs the liability for any resulting costs ; (such as unstowing, hoisting and reception ) and any lighterage costs . (') OJ No 117 , 19 . 6 . 1967 , p . 2269 / 67 . (-1 ) O | No L 72 , 20 . 3 . 1975 , p . 14 . (4 ) OJ No 106, 30 . 10 . 1962, p . 2553 / 62 . ('') 0 1 No L 178 , 5 . 8 . 1972 , p . 1 ( 5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

No L 116 / 18 Official Journal of the European Communities 6 . 5 . 75

— in the case when the currencies concerned are Any demurrage costs or dispatch money at the port of unloading shall be a charge on or for the benefit of kept at any given moment within a band of the recipient country. The rates and detailed arrange­ 2-25 % , a conversion rate resulting from their ments relating thereto laid down in the contract central rate , between the authorized agent of the Community and — in the other cases, the average of the spot rates of the carrier must have been agreed upon in advance by the currencies concerned recorded in the Member the authorized agent and the receiving agent of the State in which the invitation to tender is issued recipient country . during a period from the Wednesday of one week to the Tuesday of the following week being the 4 . The successful tenderer shall deliver the product period immediately preceding the closing date for specified in paragraph 1 cif to the ports listed in the submission of tenders . Annex in new cotton sacks, having a net capacity of 50 kg . Article 4 The following shall be printed on the sacks : ' Farinha — Doni da Comunidade economica europeia The contract shall be awarded to the tenderer offering a Guine-Bissau '. 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 decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided for in Article 1 shall be taken on 16 May 1975 . Article 5 2. The closing date for the submission of tenders shall be 16 May 1975 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be 10 units of account per metric ton of goods . published in the Officiiil Joimnil of the linropedn It shall be released : Communities not less than nine days before the closing date for the 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 operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation 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 quantities export formalities for the products concerned . not supplied by reason of force nut fen re.

3 . For the purpose of rendering the tenders compar­ 2 . The security required under paragraph I may be able , the prices shall , where appropriate , be corrected provided in the form of a cash deposit or of a by the monetary compensato amount and the acces­ guarantee issued by a credit institution conforming to sion compensatory amount applicable on the closing criteria laid down by each Member State . date for submission of tenders to exports from the Member State mentioned in the tender to exports from the Member State mentioned in the tender Article 6 pursuant to paragraph 2 . 1 . The common wheat flour referred to in Article 1 Such correction shall be made by : to be supplied to Guinea Bissau must meet the — increasing prices which mention a Member State following requirements : whose currency has depreciated or a new Member — moisture : 12% maximum ; State , — protein content : 10-5 % minimum (N x 6-25 on — reducing prices which mention a Member State dry matter) ; whose currency has been revalued . — ash content : 0-52 % maximum referred to dry The monetary compensatory amount shall , where matter . appropriate , be converted into the currency of the Member State in which the invitation to tender is Flour not meeting these requirements shall he­ re fused . issued using :

6 . 5 . 75 Official Journal of the European Communities No L 116 / 19

2 . Tenders for supply to Guinea Bissau of the Furthermore , the amount of the successful tender common wheat flour referred to in Article 1 must shall be paid qfter it has been converted using the relate to a product with the following characteristics : average of the spot rates referred to in the second subparagraph of Article 3 (3 ) to the tenderer in the — moisture : 12% 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 : 0-52 % maximum referred to dry 4 . The intervention angency shall ask that the matter . tenderer specifies the following information : (a) after each shipment, a statement giving details of Art idc 7 the quantities loaded, the quality of the products and . their packaging ; 1 . The Italian intervention agency shall be respon­ sible for the operations relating to the invitation to (b) the date of the departure of the ships, the expected tender provided for by this Regulation . date of arrival of the products at their destination ; 2 . It shall forthwith communicate to the Commis­ (c) all possible contingencies which might occur sion the list of firms which have responded to the invi­ during transportation of the products . tation to tender, specifying the terms of each tender, together with the name and business name of the The intervention agency shall transmit the informa­ successful ten d e re r. tion provided for to the Commission as soon as it is received . 3 . Where the customs export formalities for the mobilized product are completed in a Member State 5 . When the intervention agency responsible for other than that in which the invitation to tender is the operations relating to tendering is not the interven­ issued , the intervention agency of the latter Member tion agency which appoints the successful tenderer, it State shall be responsible for the operations following shall send as soon as possible to the latter the informa­ tendering, including payment to the successful tion necessary for releasing the security . tenderer .

In such case, the intervention agency choosing the Article 8 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and This Regulation shall enter into force on the day of its shall supply it with all the information which it may publication in the Official Jonnnil of the European require . Communities.

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

Done at Brussels , 5 May 1975 .

For the Commission

P.J. LARDINOIS /Member of the Commission

ANNEX

Number Metric Port of unloading Minimum rate of unloading of lot tonnage cit

1 Bissau Customs of the port 331