31975R2341

13 . 9 . 75 Official Journal of the European Communities No L 241 /27

REGULATION ( EEC) No 2341 / 75 OF THE COMMISSION of 12 September 1975 . v opening an invitation to tender for the mobilization of common wheat flour as . food aid for the United Nations High Commission for Refugees

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 the liability for any resulting costs ; Having regard to the Treaty establishing the European Economic Community ; Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ Having regard to Council Regulation No 120/ tions arising by virtue of participation in the invita­ 67/ EEC (') of 13 June 1967 on the common organiza­ tion to tender for supplies to the United Nations tion of the market in cereals, as last amended by Regu­ High Commission for Refugees will be fulfilled ; lation ( EEC) No 665/75 (2 ) ; Whereas the Danish intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure ; 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid , and Whereas the Commission must be informed quickly in particular Article 6 thereof ; of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Whereas on 3 March 1975 the Council of the Euro­ pean Communities declared that it proposed, by way Whereas the Monetary Committee will be consulted ; of Community action , to grant the equivalent of 9 060 whereas, in view of the urgency, the measures envis­ metric tons of common wheat (in other words, 6 000 aged should be adopted in accordance with the condi­ metric tons of common wheat flour) to the United tions laid down in Article 3 (2) of Council Regulation Nations High Commission for Refugees under its No 129 (4) on the value of the unit of account and and 1972/73 and 1974/75 food-aid programme ; the exchangfe rates to be applied for the purposes of the common agricultural policy, as last amended by Regulation ( EEC) No 2543/73 (5), and in particular Whereas pursuant to Article 3 (3) of Council Regula­ Article 3 thereof ; tion (EEC) No 1693 /72 the goods may be purchased anywhere on the Community market ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Whereas tenders should be invited for the supply of ment Committee for Cereals, the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ;

HAS ADOPTED THIS REGULATION : Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and may relate to products mobilized anywhere within Article 1 those Member States ; whereas , in view of the currency situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 1 . Tenders are hereby invited for the supply to the should be taken of the effect on each tender of the United Nations High Commission for Refugees by currency situation in the Member State in which the way of a Community food-aid action of 6 000 metric customs export formalities will be completed ; tons of common wheat flour .

Whereas the award under the invitation to tender 2 . The tendering procedure shall take place in must be made in favour of the tenderer offering the Denmark in one lot. The product shall be mobilized best terms ; on the Community market . The products shall be loaded for departure from any Community port . (') OJ No 117, 19 . 6 . 1967, p . 2269/ 67 . I2) OJ No L 72, 20 . 3 . 1975, p. 14. (4 ) OJ No 106 , 30 . 10 . 1962, p . 2553/62. (3 ) OJ No L 178 , 5 . 8 . 1972, p . 3 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

No L 241 / 28 13 . 9 . 75 Official Journal of the European Communities

— in the case where the currencies concerned are 3 . The product referred to in paragraph 1 is to be delivered in new cotton sacks of a net capacity of 50 kept at any given moment within a band of kilogrammes to the port of shipment in the vicinity of 2-25 % , a conversion rate resulting from their the vessel . The goods must be set down at the place central rate, nominated by the recipient country or its agent, the — in the other cases, the average of the spot rates of timing of delivery being settled by the tenderer and the currencies concerned recorded in the Member the recipient country's agent. _State in which the invitation to tender is issued during a period from the Wednesday of one week The following shall be printed on the sacks : to the Tuesday of the following week being the ' FARINE DE FROMENT — DON DE LA COMMU­ period immediately preceding the closing date for submission of tenders . NAUTÉ ÉCONOMIQUE EUROPÉENNE AU HAUT COMMISSARIAT DES NATIONS UNIES POUR LES REFUGIÉS AU BENEFICE DES POPU­ Article 4 LATIONS DU SUD VIETNAM'

The contract shall be awarded to the tenderer offering Article 2 the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken However, if the tenders submitted do not appear to on 26 September 1975 . reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 2. The closing date for the submission of tenders shall be 26 September 1975 at 12 noon . Article 5 3 . The notice of invitation to tender shall be published in the Official Journal of the European 1 . The tenderer shall give security in an amount of Communities not less than nine days before the 10 units of account per metric ton of goods . closing date for the submission of tenders . It shall be released :

— in the case of all tenderers whose tenders are Article 3 unsuccessful or are not accepted . 1 . The prices offered must be expressed in the — in the case of the successful tenderer, when the currency of the Member State in which the invitation operations concerned have been carried out within to tender was issued . the prescribed time limit and on submission of the original export licence duly granted and 2 . For must in particular mention the Member endorsed by the competent authorities of the State in which the tenderer, in the event of his being Member State mentioned in the tender pursuant declared successful, expects to complete the customs to Article 3 (2), export formalities for the products concerned . 2. The security required under paragraph 1 may be 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 date for submission of tenders to exports from the Article 6 Member State mentioned in the tender pursuant to paragraph 2 . 1 . The common wheat flour referred to in Article 1 to be supplied to the United Nations High Commis­ Such correction shall be made by : sion for Refugees must meet the following require­ ments : — increasing prices which mention a Member State whose currency has depreciated or a new Member — moisture : 14 % maximum , State , — protein content : 0-5 % 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 matter . The monetary compensatory amount shall , where appropriate, be converted into the currency of the Member State in which the invitation to tender is Flour not meeting these requirements shall be issued using : refused .

13 . 9 . 75 Official Journal of the European Communities No L 241 / 29

2. Tenders for supply to the United Nations High average of the spot rates referred to in the second Commission for Refugees of the common wheat flour subparagraph of Article 3 (3) to the tenderer in the referred to in Article 1 must relate to a product with currency of the Member State in which the operations the following characteristics : relating to the tendering are completed . — moisture : 14% maximum , 4. The intervention agency shall request the — protein content : 10-5 % minimum (N X 6-25 on successful tenderer to supply the following informa­ dry matter), tion : — ash content : 0-52 % maximum referred to dry (a) after each shipment a certificate showing the quan­ matter . tities dispatched and the quality of the products ; (b) the date of departure of the vessels. Article 7 The information indicated above shall be forwarded 1 . The Danish intervention agency shall be respon­ by the intervention agency to the Commission imme­ sible for organizing the invitation to tender provided diately upon receipt. for by this Regulation. 5 . When the intervention agency responsible for 2 . It shall forthwith communicate to the Commis­ the operations relating to tendering is not the interven­ sion the list of firms which have responded to the invi­ tion agency which appoints the successful tenderer, it tation to tender, specifying the terms of each tender, shall send as soon as possible to the latter the informa­ together with the name and business name of the tion necessary for releasing the security. successful tenderer.

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, 12 September 1975 .

For the Commission P.J. LARDINOIS Member of the Commission