31975R2397

20 . 9 . 75 No L 246/ 19 Official Journal of the European Communities

REGULATION ( EEC) No 2397 /75 OF THE COMMISSION of 19 September 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Arab Republic of Egypt

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender Having regard to the Treaty establishing the European for the supply of wheat to the Arab Republic of Egypt. Economic Community ; Whereas the Belgian intervention agency should be made responsible for the tendering procedure in ques­ Having regard to Council Regulation No 120/ tion ; 67/ EEC (') 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Whereas the Commission must be informed quickly lation ( EEC) No 665/75 (2) ; 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 Whereas the Monetary Committee will be consulted ; tions for the mcpbilization of cereals as food aid, and whereas, in view of the urgency, the measures envis­ in particular Article 6 thereof ; aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation Whereas on 3 March 1975 the Council of the Euro­ No 129 (4 ) on the value of the unit of account and the pean Communities declared that by way of Commu­ exchange rates to be applied for the purposes of the nity action it proposed to grant the Arab Republic of common agricultural policy, as last amended by Regu­ Egypt 6 623 metric tons of flour under its 1 974/75 lation (EEC) No 2543 /73 (5 ), and in particular Article food-aid programme ; 3 thereof ;

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

Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of HAS ADOPTED THIS REGULATION : the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ;

Article I 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 Arab Republic of Egypt by way of Community food­ those Member States ; whereas, in view of the currency aid action of : situation in the Member States and in order to ensure that the tenders are as comparable as possible, account — 6 623 metric tons of flour of common wheat. should be taken of the effect on each tender of the currency situation in the Member State in which the 2. The tendering procedure shall take place in customs export formalities will be completed ; Belgium in one lot. The product shall be mobilized on the Community market. The product shall be ^ hereas the award under the invitation to tender loaded for departure from any Community port. must be made in favour of the tenderer offering the best terms ; 3 . The flour is to be delivered in new jute sacks ' of a net capacity of 67-485 kg net in the port of ship­ Whereas, should force majeure make it impossible to ment in the vicinity of the vessel . The goods must be complete the operation in question within the set set down at the place nominated by the recipient time limits, it should be made clear who is to bear the country or its agent, the timing of delivery being liability for any resulting costs ; settled by the tenderer and the recipient country's agent . (') OJ No 117, 19 . 6 . 1967, p. 2269/67 . (-') OJ No L 72, 20. 3 . 1975, p. 14. (4 ) OJ No 106, 30 . 10 . 1962, p. 2553/62 . (J ) OJ No L 178 , 5 . 8 . 1972, p. 3 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

No L 246/20 Official Journal of the European Communities 20 . 9 . 75

4. The following, shall be printed on the sacks : period immediately preceding the closing date for submission of tenders . 'Wheat flour — Gift of the European Economic Community — for free distribution'. A rticle 4

Article 2 The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ 1 . The decision on tenders received in response to ment referred to in Article 3 (3). the invitation provided for in Article 1 shall be taken on 26 September 1975 . However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 2. The closing date for submission of tenders shall tion agency may cancel the invitation to tender. be 26 September 1975 at 12 noon .

3 . The notice of invitation to tender shall be Article 5 published in the Official Journal of the European Communities, not less than nine days before the If the tenderer is unable to deliver the goods in closing date for submission of tenders. compliance with Article 1 (3) on the date given in the notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ Article 3 tion, the resulting costs shall be borne by the interven­ tion agency. 1 . The prices offered must be expressed in the currency of the Member State in which the invitation to tender was issued . » Article 6

2 . Tenders must in particular mention the Member 1 . The tenderer shall give security in an amount of State in which the tenderer, in the event of his being 10 units of account per metric ton of goods. declared successful , expects to complete the customs export formalities for the products concerned. It shall be released :

— in the case of all tenderers whose tenders are 3 . For the purpose of rendering the tenders compar­ able, the prices shall, where appropriate* be corrected unsuccessful or are not accepted, by the monetary compensatory amount and the acces­ — in the case of the successful tenderer, when the sion compensatory amount applicable on the closing operations concerned have been carried out within date for submission of tenders to exports from the the prescribed time limit and on submission of Member State mentioned in the tender pursuant to the original export licence duly granted and paragraph 2 . endorsed by the competent authorities of the Member State mentioned in the tender pursuant Such correction shall be made by : to Article 3 ( 2), — increasing prices which mention a Member State — in the case of the successful tenderer, for quanti­ whose currency has depreciated or a new Member ties not supplied by reason of force majeure. State , 2. The security required under paragraph 1 may be — reducing prices which mention a Member State provided in the form of a cash deposit or of a whose currency has been revalued . guarantee issued by a credit institution conforming to criteria laid down by each Member State . The monetary compensatory amount shall , where appropriate, be converted into the currency of the The common wheat flour referred to in Article 1 to be Member State in which the invitation to tender is supplied to the Arab Republic of Egypt must meet the issued using : following requirements : — in the case when the currencies concerned are — moisture : 14% maximum , kept at any given moment within a band of 2-25 % , a conversion rate resulting from their — protein content : 10-5 % minimum (N x 6-25 on central rate , dry matter), — in the other cases, the average of the spot rates of — ash content : 0-52 % maximum referred to dry the currencies concerned recorded in the Member matter . State in which the invitation to tender is issued during a period from the Wednesday of one week Flour not meeting these requirements shall be to the Tuesday of the following week being the refused .

20 . 9 . 75 No L 246/21 Official Journal of the European Communities

Article 8 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the 1 . The Belgian intervention agency shall be respon­ currency of the Member State in which the operations sible for organizing the invitation to tender provided relating to the tendering are completed . for by this Regulation . 4. The intervention agency shall request the 2 . It shall forthwith communicate to the Commis­ successful tenderer to supply the following informa­ sion the list of firms which have responded to the invi­ tion : tation to tender, specifying the terms of each tender, together with the name and business name of the (a) after each shipment a certificate showing the quan­ successful tenderer. tities dispatched and the quality of the products ; (b) the date of departure of the vessels. 3 . Where the customs export formalities for the The information indicated above shall be forwarded mobilized product are completed in a Member State other than that in which the invitation to tender is by the intervention agency to the Commission imme­ issued, the intervention agency of the latter Member diately upon receipt. State shall be responsible for the operations following 5. When the intervention agency responsible for tendering, including payment to the successful the operations relating to tendering is not the interven­ tenderer. tion agency which appoints the successful tenderer, it In such case, the intervention agency choosing the shall send as soon as possible to the latter the informa­ successful tenderer shall immediately inform the inter­ tion necessary for releasing the security. vention agency of the Member State concerned and shall supply it with all the information which it may Article 9 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 shall be paid after it has been converted using the Communities.

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

Done at Brussels, 19 September 1975.

For the Commission

P. J. LARDINOIS Member of the Commission