31975R1721

No L 174/ 8 5 . 7 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 1721 /75 OF THE COMMISSION of 4 July 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for the . International Committee of the Red Cross

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 International Economic Community ; Committee of the Red Cross will be fulfilled ;

Having regard to Council Regulation No 120/ Whereas the Belgian intervention agency should be 67/ EEC ( 1) 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 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 17 June 1975 the Commission of the tions laid down in Article 3 (2) of Council Regulation European Communities declared that it proposed, by No 129 (4) on the value of the unit of account and the way of Community action , to grant the equivalent of exchange rates to be applied for the purposes of the 91 metric tons of common wheat (in other words 60 common agricultural policy, as last amended by Regu­ metric tons of common wheat flour) to the Interna­ lation (EEC) No 2543/73 (5), and in particular Article tional Committee of the Red Cross under its 1973 / 74 3 thereof ; 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 HAS ADOPTED THIS REGULATION : for supply of the products delivered cif, that is at the moment when the goods are actually placed on the dock or in the lighter where applicable ; 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 International Committee of the Red Cross, by way of those Member States ; whereas, in view of the currency Community action , of 60 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 one lot. The product shall be mobilized currency situation in the Member State in which the on the Community market. The products shall be customs exjport 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 Whereas, should force majeure make it impossible to the dock or in the lighter where applicable. complete the operation in question within the time limits specified, it must be made clear who is to bear The recipient country shall bear all costs subsequent the liability for any resulting costs ; to delivery of the goods, including unloading costs on reception of the goods . (•) OJ No 117, 19 . 6. 1967, p. 2269/67. (4 OJ No L 72, 20 . 3. 1975, p. 14. (4) OJ No 106, 30 . 10 . 1962, p. 2553/62 . (*) OJ No L 178 , 5 . 8 . 1972, p. 3 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

5 . 7 . 75 Official Journal of the European Communities No L 174/ 9

Any possible demurrage costs or dispatch money at 2-25 % , a conversion rate resulting from their the port of unloading shall be a charge on or for the central rate, benefit of the International Committee of the Red — in the other cases, the average of the spot rates of Cross . The rates and detailed arrangements relating the currencies concerned recorded in the Member thereto laid down in the contract between the autho­ State in which the invitation to tender is issued rized agent of the Community and the carrier must during a period from the Wednesday of one week have been agreed upon in advance by the authorized to the Tuesday of the following week being the agent and the receiving agent of the recipient country. period immediately preceding the closing date for submission of tenders . 4. The successful tenderer shall deliver the product specified in paragraph 1 cif to the port of Suva, in new Article 4 cotton sacks, having a net capacity of 50 kg.

The following shall be printed on the sacks : The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ 'Wheat flour — Gift of the European Economic ment referred to in Article 3 (3). Community — Free distribution .' However, if the tenders submitted do not appear to Article 2 reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 1 . The decision on tenders received in response to the invitation provided in Article 1 shall be taken on Article 5 18 July 1975 . 1 . The tenderer shall give security in an amount of 2. The closing date for the submission of tenders 10 units of account per metric ton of goods. shall be 18 July 1975 at 12 noon . It shall be released : . 3 . The notice of invitation to tender shall be published in the Official Journal of the European — in the case of all tenderers whose tenders are Communities not less than nine days before the unsuccessful or are not accepted, closing date for the submission of tenders . — in the case of the successful tenderer, when the operations concerned have been carried out within Article 3 the prescribed time limit and on submission of the original export licence duly granted and 1 . > The prices offered must be expressed in the endorsed by the competent authorities of the currency of the Member State in which the invitation Member State mentioned in the tender pursuant to tender was issued . to Article 3 (2), 2. Tenders must in particular mention the Member — in the case of the successful tenderer for quantities State in which the tenderer, in the event of his being not supplied by reason of force majeure. declared successful, expects to complete the customs 2. The security required under paragraph 1 may be export formalities for the products concerned . provided in the form of a cash deposit or of a 3 . For the purpose of rendering the tenders compar­ guarantee issued by a credit institution conforming to able, the prices shall , where appropriate, be corrected criteria laid down by each Member State . by the monetary compensatory amount and the acces­ sion compensatory amount applicable on the closing Article 6 date for submission of tenders to exports from the Member State mentioned in the tender pursuant to 1 . The common wheat flour referred to in Article 1 paragraph 2 . to be supplied to the International Committee of the Red Cross must meet the following requirements : Such correction shall be made by : — moisture : 12% maximum ; — increasing prices which mention a Member State — protein content : 10-5 % minimum (N x 6-25 on whose currency has depreciated or a new Member State . dry matter) ; — ash content : 0 52 % maximum referred to dry — reducing prices which mention a Member State matter . whose currency has been revalued . The monetary compensatory amount shall , where Flour not meeting these requirements shall be refused . appropriate, be converted into the currency of the Member State in which the invitation to tender is 2. Tenders for supply to the International issued using : Committee of the Red Cross of the common wheat — in the case when the currencies concerned are flour referred to in Article 1 must relate to a product kept at any given moment within a band of with the following characteristics :

No L 174/ 10 Official Journal of the European Communities 5 . 7 . 75

— moisture : 1 2 % maximum ; Furthermore, the amount of the successful tender — protein content : 10-5 % minimum (N x 6-25 on shall be paid after it has been converted using the dry matter) ; average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the — ash content : 0-52 % maximum referred to dry matter . currency of the Member State in which the operations relating to the tendering are completed. Article 7 4. The intervention agency shall ask that the tenderer specifies the following information : 1 . The Belgian intervention agency shall be respon­ (a) after each shipment, a statement giving details of sible for the operations relating to the invitation to the quantities loaded, the quality of the products tender provided for by this Regulation . and their packaging ; 2 . It shall forthwith communicate to the Commis­ (b) the date of the departure of the ships, the expected sion the list of firms which have responded to the invi­ date of arrival of the products at their destination ; tation to tender, specifying the terms of each tender, (c) all possible contingencies which might occur together with the name and business name of the during transportation of the products. sucessful tenderer. The intervention agency shall transmit the informa­ 3. Where the customs export formalities for the tion provided for to the Commission as soon as it is received . mobilized product are completed in a Member State other than that in which the invitation to tender is 5. When the intervention agency responsible for issued, the intervention agency of the latter Member the operations relating to tendering is not the interven­ State shall be responsible for the operations following tion agency which appoints the successful tenderer, it tendering, including payment to the successful shall send as soon as possible to the latter the informa­ tenderer. tion necessary for releasing the security. 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 Journal of the European require. Communities.

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

Done at Brussels, 4 July 1975. For the Commission

P.J. LARDINOIS Member of the Commission