31975R1517

14. 6 . 75 Official Journal of the European Communities No L 154/ 61

REGULATION ( EEC) No 1517 / 75 OF THE COMMISSION of 13 June 1975 opening a new invitation to tender for the mobilization of common wheat flour as food aid for Guinea Bissau

THE COMMISSION OF THE EUROPEAN Whereas, should force majeure make it impossible to COMMUNITIES, complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to the Treaty establishing the European the liability for any resulting costs ; Economic Community ; Whereas provision should be made for security to be Having regard to Council Regulation No 120/ given for the purpose of guaranteeing that the obliga­ 67/ EEC ( ! ) of 13 June 1967 on the common organiza­ tions arising by virtue of participation in the invita­ tion of the market in cereals, as last amended by Regu­ tion to tender for supplies to Guinea Bissau will be lation (EEC) No 665/75 (2) ; fulfilled ; Having regard to Council Regulation (EEC) No Whereas the Italian intervention agency should be 1693/72 (3) of 3 August 1972 laying down the condi­ made responsible for the tendering procedure ; tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; Whereas the Commission must be informed quickly Whereas on 26 March 1975 the Council of the Euro­ of the tenders submitted in response to the invitation pean Communities declared that it proposed, by way and of those accepted by the intervention agency ; of Community action, to grant the equivalent of 500 metric tons of common wheat (in other words 331 Whereas the Monetary Committee will be consulted ; metric tons of common wheat flour) to Guinea Bissau whereas, in view of the urgency, the measures envis­ under its 1974/75 food-aid programme ; aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation Whereas the invitation to tender opened in the No 129 (5) on the value of the unit of account and the Community under Commission Regulation (EEC) No exchange rates to be applied for the purposes of the 11 68 /75 (4) of 5 May 1975 opening an invitation to common agricultural policy, as last amended by Regu­ tender for the mobilization of common wheat flour as lation (EEC) No 2543/73 (6), and in particular Article aid for Guinea Bissau was not allocated ; whereas a 3 thereof ; new invitation to tender should therefore be opened ; 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 ; 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 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 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. (•) OJ No 117, 19 . 6 . 1967, p . 2269/67. 0 OJ No L 72, 20 . 3 . 1975, p. 14. (3) OJ No L 178 , 5 . 8 . 1972, p. 3 . (5) OJ No 106, 30 . 10 . 1962, p . 2553 /62. (4) OJ No L 116, 6. 5 . 1975, p. 18 . (6) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

No L 154/ 62 14 . 6 . 75 Official Journal of the European Communities

The recipient country shall bear all costs subsequent The monetary compensatory amount shall , where to delivery of the goods, including unloading costs appropriate, be converted into the currency of the Member State in which the invitation to tender is (such as unstowing, hoisting and reception) and any lighterage costs. issued using : — in the case when the currencies concerned are Any demurrage costs or dispatch money at the port of kept at any given moment within a band of unloading shall be a charge on or for the benefit of 2-25 % , a conversion rate resulting from their the recipient country. The rates and detailed arrange­ central rate, ments relating thereto laid down in the contract 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 : The contract shall be awarded to the tenderer offering Farinha — dom da Comunidade economica europeia the best terms, taking into consideration the adjust­ a Guine-Bissau.' 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 27 June 1975 . Article 5 2. The closing date for the submission of tenders 1 . The tenderer shall give security in an amount of shall be 27 June 1975 at 12 noon . 10 units of account per metric ton of goods. 3 . The notice of invitation to tender shall be It shall be released : published in the Official Journal of the European Communities not less than nine days before the — in the case of all tenderers whose tenders are closing date for the submission of tenders. unsuccessful or are not accepted . — in the case of the successful tenderer, when the Article 3 operations concerned have been carried out within the prescribed time limit and on submission of 1 . The prices offered must be expressed in the the original export licence duly granted and currency of the Member State in which the invitation endorsed by the competent authorities of the to tender was issued . Member State mentioned in the tender pursuant to Article 3 (2), 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being — in the case of the successful tenderer for quantities declared successful, expects to complete the customs not supplied by reason of force majeure. export formalities for the products concerned. 2. The security required under paragraph 1 may be 3 . For the purpose of rendering the tenders compar­ provided in the form of a cash deposit or of a able, the prices shall, where appropriate, be corrected guarantee issued by a credit institution conforming to by the monetary compensatory amount and the acces­ criteria laid down by each Member State . sion compensatory amount applicable on the closing date for submission of tenders to exports from the Article 6 Member State mentioned in the tender to exports from the Member State mentioned in the tender 1 . The common wheat flour referred to in Article 1 pursuant to paragraph 2. to be supplied to Guinea Bissau must meet the following requirements : Such correction shall be made by : — moisture : 1 2 % maximum ; — increasing prices which mention a Member State whose currency has depreciated or a new Member — protein content : 10-5 % minimum (N x 6-25 on State, dry matter) ; — reducing prices which mention a Member State — ash content : 0-52 % maximum referred to dry whose currency has been revalued . matter .

14 . 6 . 75 No L 154/63 Official Journal of the European Communities

Flour not meeting these requirements shall be shall supply it with all the information which it may refused . require .

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 after 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 : 1 2 % 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 agency shall ask that the matter . tenderer specifies the following information : (a) after each shipment, a statement giving details of Article 7 the quantities loaded, the quality of the products and their packaging ; . 1 . The Italian intervention agency shall be respon­ (b) the date of the departure of the ships, the expected sible for the operations relating to the invitation to date of arrival of the products at their destination ; tender provided for by this Regulatioh . (c) all possible contingencies which might occur 2 . It shall forthwith communicate to the Commis­ during transportation of the products. sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, The intervention agency shall transmit the informa­ together with the name and business name of the tion provided for to the Commission as soon as it is successful tenderer . received .

3 . Where the customs export formalities for the 5 . When the intervention agency responsible for mobilized product are completed in a Member State the operations relating to tendering is not the interven­ other than that in which the invitation to tender is tion agency which appoints the successful tenderer, it issued , the intervention agency of the latter Member shall send as soon as possible to the latter the informa­ State shall be responsible for the operations following tion necessary for releasing the security. tendering, including payment to the successful tenderer . Article 8

In such case, the intervention agency choosing the This Regulation shall enter into force on the day of its successful tenderer shall immediately inform the inter­ publication in the Official Journal of the European vention agency of the Member State concerned and Communities.

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

Done at Brussels, 13 June 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission

ANNEX

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

1 Bissau Customs of the port 331