31975R1465

7 . 6 . 75 Official Journal of the European Communities No L 146/ 11

REGULATION ( EEC) No 1465/75 OF THE COMMISSION

of 6 June 1975

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 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 the Catholic Relief Economic Community ; Services will be fulfilled ;

Having regard to Council Regulation No 120/ Whereas the Belgian intervention agency should be 67/ EEC (*) of 13 June 1967 on the common organiza­ made responsible for the tendering procedure ; tion on the market in cereals, as last amended by Regulation (EEC) No 665/75 (2) ; Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 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 ; in particular Article 6 thereof ; whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Whereas on 26 May 1975 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation pean Communities declared that it proposed, by way No 129 (4) on the value of the unit of account and the of Community action, to grant the equivalent of exchange rates to be applied for the purposes of the 1 1 952 metric tons of common wheat (in other words common agricultural policy, as last amended by Regu­ 7 915 metric tons of common wheat flour) to the lation (EEC) No 2543/73 (5), and in particular Article Catholic Relief Services under its 1972/73 food-aid 3 thereof ; 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 placed on the dock at the port of unloading ;

Article 1 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 the may relate to products mobilized anywhere within Catholic Relief Services by way of Community action, those Member States ; whereas, in view of the currency of 7 915 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 should be taken of the effect on each tender of the 2. The tendering procedure shall take place in Belgium in three lots. The product shall be mobilized currency situation in the Member State in which the on the Community market. The products shall be customs export formalities will be completed ; loaded for departure from any 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 best terms ; graph 1 is for supply of products delivered cif, that is at the moment when the goods are actually placed on the dock at the ports listed in the Annex . 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 4. The successful tenderer shall deliver the product the liability for any resulting costs ; specified in paragraph 1 cif, in new cotton sacks, having a net capacity of 50 kg.

(!) OJ No 117, 19 . 6. 1967, p. 2269/67. (2) OJ No L 72, 20 . 3 . 1975, p. 14. (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. P) OJ No L 178 , 5 . 8 . 1972, p. 3 . (5yOJ No L 263 , 19 . 9 . 1973 , p. 1 .

No L 146/ 12 Official Journal of the European Communities 7 . 6 . 75

The following shall be printed on the sacks : However, if the tenders submitted do not appear to HARINA DE TRIGO — DONACION DE LA reflect normal market prices and costs, the interven­ COMUNIDAD ECONOMICA EUROPEA PARA tion agency may cancel the invitation to tender. CATHWEL CHILE — DESTINADA A LA DISTRIB­ UCION GRATUITA'. Article 5

Article 2 1 . The tenderer shall give security in an amount of 10 units of account per metric ton of goods. 1 . The decision on tenders received in response to the invitation provided in Article 1 shall be taken on It shall be released : 20 June 1975 . — in the case of all tenderers whose tenders are 2. The closing date for the submission of tenders unsuccessful or are not accepted, shall be 20 June 1975 at 12 noon . — in the case of the successful tenderer, when the 3 . The notice of invitation to tender shall be operations concerned have been carried out within published in the Official Journal of the European the prescribed time limit and on submission of Communities not less than nine days before the the original export licence duly granted and closing date for the submission of tenders . endorsed by the competent authorities of the Member State mentioned in the tender pursuant Article 3 to Article 3 (2), 1 . The prices offered must be expressed in the — in the case of the successful tenderer for quantities currency of the Member State in which the invitation not supplied by reason of force majeure. to tender was issued . 2. The security required under paragraph 1 may be 2. Tenders must in particular mention the Member provided in the form of a cash deposit or of a State in which the tenderer, in the event of his being guarantee issued by a credit institution conforming to declared successful , expects * to complete the customs criteria laid down by each Member State . export formalities for the products concerned .

3 . For the purpose of rendering the tenders compar­ Article 6 able, the prices shall , where appropriate, be corrected by the monetary compensatory amount and the acces­ 1 . The common wheat flour referred to in Article 1 sion compensatory amount applicable on the closing must meet the following requirements : date for submission of tenders to exports from the Member State mentioned in the tender pursuant to — moisture : 1 2 % maximum , paragraph 2 . — protein content : 10-5% minimum (N x 6-25 on dry matter), Such correction shall be made by : — increasing prices which mention a Member State — ash content : 0-52 % maximum referred to dry matter . whose currency has depreciated or a new Member State , Flour not meeting these requirements shall be — reducing price which mention a Member State refused . whose currency has been revalued . 2. Tenders for supply of the common wheat flour The monetary compensatory amount shall, where referred to in Article 1 must relate to a product with appropriate, be converted into the currency of the Member State in which the invitation to tender is the following characteristics :

issued using : — moisture : 1 2 % maximum ,

— in the case when the currencies concerned are — protein content : 10-5% minimum (N x 6-25 on kept at any given moment within a band of dry matter), 2-25 % , a conversion rate resulting from their — ash content : 0-52 % maximum referred to dry central rate , matter . — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member Article 7 State in which the invitation to tender is issued during a period from the Wednesday of one week 1 . The Belgian intervention agency shall be respon­ to the Tuesday of the following week being the sible for the operations relating to the invitation to period immediately preceding the closing date for tender provided for by this Regulation . submission of tenders . 2 . It shall forthwith communicate to the Commis­ Article 4 sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer offering tation to tender, specifying the terms of each tender, the best terms, taking into consideration the adjust­ together with the name and business name of the successful tenderer . ment referred to in Article 3 (3 ).

7 . 6 . 75 No L 146/ 13 Official Journal of the European Communities

3 . Where the customs export formalities for the (a) after each shipment, a statement giving details of mobilized product are completed in a Member State the quantities loaded, the quality of the products other than that in which the invitation to tender is and their packaging ; issued, the intervention agency of the latter Member (b) the date of the departure of the ships, the expected State shall be responsible for the operations following date of arrival of the products at their destination ; tendering, including payment to the successful (c) all possible contingencies which might occur tenderer. during transportation of the products.

In such case, the intervention agency choosing the The intervention agency shall transmit the informa­ successful tenderer shall immediately inform the inter­ tion provided for to the Commission as soon as it is vention agency of the Member State concerned and received . shall supply it with all the information which it may 5. When the intervention agency responsible for require . the operations relating to tendering is not the interven­ Furthermore , the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid, after it has been converted using the shall send as soon as possible to the latter the informa­ average of the spot rates referred to in the second tion necessary for releasing the security. subparagraph of Article 3 (3), to the tenderer in the currency of the Member State in which the operations Article 8 relating to the tendering are completed. This Regulation shall enter into force on the day of its 4. The intervention agency shall ask that the publication in the Official Journal of the European Communities. tenderer specifies the following information :

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

Done at Brussels, 6 June 1975 .

For the Commission

P.J. LARDINOIS

Member of the Commission

ANNEX

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

1 Valparaiso 1 250 Coquimbo Customs of the port 500 Talcahuano 650

2 Valparaiso 1 250 Coquimbo Customs of the port 500 Talcahuano 650

3 Valparaiso 1 800 Coquimbo 500 Customs of the port Talcahuano i 815