31975R2922

8 . 11 . 75 No L 290/ 11 Official Journal of the European Communities

REGULATION (EEC) No 2922/75 OF THE COMMISSION of 7 November 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine (UNRWA)

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 tion to tender for supplies to UNRWA will be Having regard to the Treaty establishing the European fulfilled ; Economic Community ;

Whereas the intervention agency of France should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure in ques­ 2727/75 (*) of 29 October 1975 on the common organ­ tion ; ization of the market in cereals,

Whereas the Commission must be informed quickly Having regard to Council Regulation (EEC) No of the tenders submitted in response to the invitation 2750/75 (2) of 29 October 1975 laying down the condi­ and of those accepted by the intervention agency ; tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis­ Whereas on 3 March 1975 the Council of the Euro­ aged should be adopted in accordance with the condi­ pean Communities declared that it proposed, by way tions laid down in Article 3 (2) of Council Regulation of Community action, to grant the equivalent of 6 377 No 129 (3) on the value of the unit of account and the metric tons of common wheat (in other words 4 591 exchange rates to be applied for the purposes of the metric tons of common wheat flour) to UNRWA common agricultural policy, as last amended by Regu­ under its 1974/75 food-aid programme ; lation (EEC) No 2543/73 (4), and in particular Article 3 thereof ; Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased Whereas the measures provided for in this Regulation anywhere on the Community market ; are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Whereas the- proposed invitation to tender should be for supply of the products cif, that is to say, actually placed on the quay at the port of unloading ;

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 should be taken of the effect on each tender of the UNRWA, by way of Community action , of 4 591 currency situation in the Member State in which the metric tons of common wheat flour. customs export formalities will be completed ;

2. The tendering procedure shall take place in Whereas, the award under the invitation to tender France in two lots . The product shall be. loaded for must be made to the tenderer offering the best terms ; departure from a Community port.

Whereas, should force majeure make it impossible to 3 . The invitation to tender provided for in para­ complete the operation in question within the time graph 1 is for supply of products delivered cif, that is limits specified, it must be made clear who is to bear to say, actually placed on the quay in one of the ports the liability for any resulting costs ; of unloading listed in the Annex.

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . (3) OJ No 106, 30 . 10 . 1962, p. 2553/62. (2) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No L 263, 19 . 9 . 1973, p..l .

No L 290/ 12 8 . 11 . 75 Official Journal of the European Communities

4. The successful tenderer shall deliver the product However, if the tenders submitted do not' appear to specified in paragraph 1 cif in new cotton sacks, reflect normal market prices and costs, the interven­ having a net capacity of 50 . kg. tion agency may cancel the invitation to tender. The following shall be printed on the sacks ; Article 5 'Wheat flour — gift of the European Economic Community.' 1 . The tenderer shall give security in an amount of Article 2 10 units of account per metric ton of goods 1 . The decision on tenders received in response to It shall be released : the invitation provided for in Article 1 shall be taken on 21 November 1975 . — in the case of all tenderers whose tenders are unsuccessful or are not accepted, 2. The closing date for submission of tenders shall be 21 November 1975 at 12 noon . — in the case of the successful tenderer, when the 3 . The notice of invitation to tender shall be operations concerned have been carried out within the prescribed time limit and on submission of published in the Official Journal of the European the original export licence, duly granted and Communities not less than nine days before the endorsed by the competent authorities of the closing date for submission of tenders. Member State, mentioned in the tender pursuant Article 3 to Article 3 (2), 1 . The prices offered must be expressed in the — in the case of the successful tenderer for quantities currency of the Member State in which the invitation not supplied by reason of force majeure. to tender was issued . 2. The security required under paragraph 1 may be 2. Tenders must in particular mention the Member provided in the form of a cash deposit or of a State in which the tenderer, in the event of his being guarantee issued by a credit institution conforming to declared successful, expects to complete the customs criteria laid down by each Member State. export formalities for the products concerned. 3. For the purpose of rendering the tenders compar­ Article 6 able, the prices shall, where appropriate, be corrected by the monetary compensatory amount and the acces­ 1 . The common wheat flour referred to in Article 1 sion compensatory amount applicable on the closing to be supplied to UNRWA must meet the following date for submission of tenders to exports from the requirements : Member State mentioned in the tender pursuant to paragraph 2. — moisture : 1 4 % maximum ; Such correction shall be made by : — protein content : 10-5 % minimum (N x 6-25 on dry matter) ; — increasing prices which mention a Member State whose currency has depreciated or a new Member — ash content : 0-55 % referred to dry matter. State, Flour not meeting these requirements shall be — reducing prices which mention a Member State refused . whose currency has been revalued. The monetary compensatory amount shall, where 2. Tenders for supply to UNRWA of the common appropriate, be converted into the currency of the wheat flour referred to in Article 1 must relate to a Member State in which the invitation to tender is product with the following characteristics : issued using : — moisture : 14 % maximum ; — in the case when the currencies concerned are — protein content : 10-5 % minimum (N x 6-25 on kept at any given moment within a band of dry matter) ; 2-25 % , a conversion rate resulting from their central rate, — ash content : 0-55 % referred to dry matter. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member Article 7 State in which the invitation to tender is issued during a period from the Wednesday of one week 1 . The French intervention agency shall be respon­ to the Tuesday of the following week being the sible for operations relating to the invitation to tender period immediately preceding the closing date for provided for by this Regulation . submission of tenders . 2 . It shall forthwith communicate to the Commis­ Article 4 sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer offering tation to tender, specifying the terms of each tender, the best terms, taking into consideration the adjust­ together with the name and business name of the ment referred to in Article 3 (3). successful tenderer.

8 . 11 . 75 Official Journal of the European Communities No L 290 / 13

3. Where the customs export formalities for the (a) after each shipment, a statement giving details of mobilized product are completed in a Member State the quantities loaded, the quality of the products other than that in which the invitation to tender is and their packaging ; issued, the intervention agency of the latter Member (b) the date of the departure of the ships, the expected State shall be responsible for the operations following date of arrival of the products at their destination ; tendering, including payment to the successful (c) all possible contingencies which might occur tenderer. during transportation of the products. In such case, the intervention agency choosing the The intervention agency shall transmit the informa­ successful tenderer shall immediately inform the inter­ tion provided for to the Commission as soon as it is vention agency of the Member State concerned and received . shall supply it with all the information which it may 5. When the intervention agency responsible for require. the operations relating to tendering is not the interven­ Furthermore, the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid after it has been converted using the shall send as soon as possible to the latter the informa­ average of the spot rates referred to in the second tion necessary for releasing the security. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 8 relating to the tendering are completed. This Regulation shall enter into force on the day of its 4. The intervention agency shall ask that the publication in the Official Journal of the European Communities. tenderer specifies the following information :

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

Done at Brussels, 7 November 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 1 091 Agaba Customs of the port 2 Ashdod 3 500