31975R2984

15 . 11 . 75 No L 296/ 5 Official Journal of the European Communities

REGULATION (EEC) No 2984/75 OF THE COMMISSION of 14 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 (j ) 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 5 November 1975 the Council of the aged should be adopted in accordance with the condi­ European Communities declared that it proposed, by tions laid down in Article 3 (2) of Council Regulation way of Community action, to grant the equivalent of No 129 (3) on the value of the unit of account and the 5 000 metric tons of common wheat (in other words exchange rates to be applied for the purposes of the 3 600 metric tons of common wheat flour) to common agricultural policy, as last amended by Regu­ UNRWA 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 Article 1 may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 1 . Tenders are hereby invited for the supply to that the tenders are as comparable as possible, account UNRWA, by way of Community action, of 3 600 should be taken of the effect on each tender of the metric tons of common wheat flour. currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in France in one lot. The product shall be mobilized on Whereas the award under the invitation to tender the Community market. The product shall be loaded must be made to the tenderer offering the best terms ; for 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 £ny resulting costs ; of unloading listed in the Annex .

(») OJ No L 281 , I. 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. 1 .

No L 296/6 15 . 11 . 75 Official Journal of the European Communities

4. The successful tenderer shall deliver the product during a period from the Wednesday of one week specified in paragraph 1 cif in new cotton sacks, to the Tuesday of the following week being the having a net capacity of 50 kg. period immediately preceding the closing date for submission of tenders . The following shall be printed on the sacks : Article 4 'Wheat flour — gift of the European Economic Community to UNRWA for Palestine refugees'. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). Article 2 However, if the tenders submitted do not appear to 1 . The decision on tenders received in response to reflect normal market prices and costs, the interven­ the invitation provided for in Article 1 shall be taken tion agency may cancel the invitation to tender. on 28 November 1975 .

2. The closing date for submission of tenders shall Article 5 be 28 November 1975 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be 10 units of account per metric ton of goods. published in the Official Journal of the European Communities not less than nine days before the It shall be released : closing date for submission of tenders. — in the case of all tenderers whose tenders are unsuccessful or are not accepted, Article J — in the case of the successful tenderer, when the operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation the original export licence, duly granted and to tender was issued. endorsed by the competent authorities of the Member State mentioned in the tender pursuant 2. Tenders must in particular mention the Member to Article 3 (2), State in which the tenderer, in the event of his being declared successful, expects to complete the customs — in the case of the successful tenderer for quantities export formalities for the products concerned. not supplied by reason of force majeure.

3 . For the purpose of rendering the tenders compar­ 2. The security required under paragraph 1 may be able, the prices shall, where appropriate, be corrected provided in the form of a cash deposit or of a by the monetary compensatory amount and the acces­ guarantee issued by a credit institution conforming to criteria laid down by each Member State. sion compensatory amount applicable on the closing date for submission of tenders to exports from the Member State mentioned in the tender pursuant to Article 6 paragraph 2. 1 . The common wheat flour referred to in Article 1 Such correction shall be made by : to be supplied to UNRWA must meet the following — increasing prices which mention a Member State requirements : whose currency has depreciated or a new Member — moisture : 14 % maximum ; State , — protein content : 10-5 % minimum (N x 6*25 on — reducing prices which mention a Member State dry matter) ; whose currency has been revalued . — ash content : 0-55 % referred to dry matter. The monetary compensatory amount shall, where appropriate, be converted into the currency of the Flour not meeting these requirements shall be Member State in which the invitation to tender is refused . issued using : 2. Tenders for supply to UNRWA of the common — in the case when the currencies concerned are wheat flour referred to in Article 1 must relate to a kept at any given moment within a band of product with the following characteristics : 2-25 % , a conversion rate resulting from their — moisture : 14 % maximum ; central rate, — protein content : 10-5 % minimum (N X 6-25 on — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member dry matter) ; State in which the invitation to tender is issued — ash content : 0-55 % referred to dry matter.

15 . 11 . 75 Official Journal of the European Communities No L 296/7

Article 7 currency of the Member State in which the operations relating to the tendering are completed. 1 . The French intervention agency shall be respon­ sible for operations relating to the invitation to tender 4. The intervention agency shall ask that the provided for by this Regulation . tenderer specifies the following information : 2 . It shall forthwith communicate to the Commis­ (a) after each shipment, a statement giving details of sion the list of firms which have responded to the invi­ the quantities loaded, the quality of the products tation to tender, specifying the terms of each tender, and their packaging ; together with the name and business name of the (b) the date of the departure of the ships, the expected successful tenderer. date of arrival of the products at their destination ; 3. Where the customs export formalities for the (c) all possible contingencies which might occur during transportation of the products. mobilized product are completed in a Member State other than that in which the invitation to tender is The intervention agency shall transmit the informa­ issued, the intervention agency of the latter Member tion provided for to the Commission as soon as it is State shall be responsible for the operations following received . tendering, including payment to the successful tenderer. 5. When the intervention agency responsible for the operations relating to tendering is not the interven­ In such case, the intervention agency choosing the tion agency which appoints the successful tenderer, it successful tenderer shall immediately inform the inter­ shall send as soon as possible to the latter the informa­ vention agency of the Member State concerned and tion necessary for releasing the security. shall supply it with all the information which it may require . Article 8 Furthermore, the amount of the successful tender shall be paid after it has been converted using the This Regulation shall enter into force on the day of its average of the spot rates referred to in the second publication in the Official Journal of the European Communities. subparagraph of Article 3 (3) to the tenderer in the

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

Done at Brussels , 14 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 Aqaba 3 600 Customs of the port