31975R2398

No L 246/22 Official Journal of the European Communities 20 . 9 . 75

REGULATION ( EEC) No 2398 / 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 Republic of Haiti

THE COMMISSION OF THE EUROPEAN by virtue of participation in the invitation to tender COMMUNITIES, for the supply of wheat flour to the Republic of Haiti .

Having regard to the Treaty establishing the European Whereas the French intervention agency should be Economic Community ; made responsible for the tendering procedure in ques­ tion ; Having regard to Council Regulation No 120/ 67/ EEC (') of 13 June 1967 on the common organiza­ Whereas the Commission must be informed quickly tion of the market in cereals, as last amended by Regu­ of the tenders submitted in response to the invitation lation (EEC) No 665/75 (2) ; and of those accepted by the intervention agency ;

Having regard to Council Regulation (EEC) No Whereas the Monetary Committee will be consulted ; 1 693/72 (3) of 3 August 1972 laying down the condi­ whereas, in view of the urgency, the measures envis­ tions for the mobilization of cereals as food aid, and aged should be adopted in accordance with the condi­ in particular Article 6 thereof ; tions laid down in Article 3 (2) of Council Regulation No 129 (4) on the value of the unit of account and the Whereas on 3 March 1975 the Council of the Euro­ exchange rates to be applied for the purposes of the pean Communities declared that by way of Commu­ common agricultural policy, as last amended by Regu­ nity action it proposed to grant the Republic of Haiti lation (EEC) No 2543/73 (5), and in particular Article 1 986 metric tons of flour under its 1974/75 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 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 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 World Food Programme by way of Community food­ those Member States ; whereas, in view of the currency aid action to the Republic of Haiti of : situation in the Member States and in order to ensure that the tenders are as comparable as possible, account — 1 000 metric tons of common wheat flour (lot No should be taken of the effect on each tender of the 0, currency situation in the Member State in which the — 986 metric tons of common wheat flour (lot No 2). customs export formalities will be completed ; Whereas the award under the invitation to tender 2. The tendering procedure shall take place in France in two lots. The product shall be mobilized on must be made in favour of the tenderer offering the the Community market. The product shall be loaded best terms ; for departure from any Community port. Whereas, should force majeure make it impossible to 3 . The flour is to be delivered in new polyester complete the operation in question within the set time limits, it should be made clear who is to bear the sacks lined with Kraft paper with three pleats, of a net capacity of 50 kg to the port of shipment in the liability for any resulting costs ; vicinity of the vessel . The goods must be set down at Whereas provision should be made for security to be the place nominated by the recipient country or its given to guarantee fulfilment of the obligations arising agent, the timing of delivery being settled by the tenderer and the recipient country's agent. (') 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. (J) OJ No L 178 , 5 . 8 . 1972, p . 3 . (s ) OJ No L 263, 19 . 9 . 1973 , p. 1 .

20 . 9 . 75 No L 246/23 Official Journal of the European Communities

4. The following shall be printed on the sacks : period immediately preceding the closing date for submission of tenders. ' Farine de froment — Don de la Communauté économique européenne à la République d'Haiti — A distribuer gratuitement'. Article 4

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 3 October 1975 . reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 2. The closing date for submission of tenders shall be 3 October 1975 at 12 noon . A rticle 5 3 . The notice of invitation to tender shall be If the tenderer is unable to deliver the goods in published in the Official Journal of the European compliance with Article 1 (3) on the date given in the Communities, not less than nine days before the notice of invitation ta tender as a result of the late closing date for submission of tenders. availability of the vessels to be used for sea transporta­ tion , the resulting costs shall be borne by the interven­ Article J tion agency .

1 . The prices offered must be expressed in the Article 6 currency of the Member State in which the invitation to tender was issued . 1 . The tenderer shall give security in an amount of ten units of account per metric ton of goods. 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being It shall be released : declared successful , expects to complete the customs — in the case of all tenderers whose tenders are export formalities for the products concerned . unsuccessful or arc not accepted , 3 . For the purpose of rendering the tenders compar­ — in the case of the successful tenderer, when the able, the prices shall, where appropriate, be corrected operations concerned have been carried out within by the monetary compensatory amount and the acces­ the prescribed time limit and on submission of sion compensatory amount applicable on the closing the original export licence duly granted and date for submission of tenders to exports from the endorsed by the competent authorities of the Member State mentioned in the tender pursuant to Member State mentioned in the tender pursuant paragraph 2. to Article 3 ( 2), — in the case of the successful tenderer for quantities Such correction shall be made by : not supplied by reason of force majeure. — increasing prices which mention a Member State 2. The security required under paragraph 1 may be whose currency has depreciated or a new Member State, provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to — reducing prices which mention a Member State criteria laid down by each Member State . whose currency has been revalued .

The monetary compensatory amount shall , where Article 7 appropriate, be converted into the currency of the Member State in which the invitation to tender is The common wheat flour mentioned in Article 1 issued using : which is to be supplied to the Republic of Haiti must be as follows : — ' in the case when the currencies concerned are kept at any given moment within a band of — moisture : 14% maximum , 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 .

No L 246/24 Official Journal of the European Communities 20 . 9 . 75

Article 8 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the 1 . The French 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, (a) after each shipment a certificate showing the quan­ together with the name and business name of the 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 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, 19 September 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission