31976R1122

15.5.76 No L 127/ 13 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1122/76 of 14 May 1976 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 Having regard to the Treaty establishing the European tion to tender for supplies to UNRWA will be Economic Community, fulfilled ;

Having regard to Council Regulation (EEC) No Whereas the Italian intervention agency should be 2727/75 of 29 October 1975 on the common organiza­ made responsible for the tendering procedure ; tion of the market in cereals (*), as amended by Regula­ tion (EEC) No 832/76 (2), Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the Monetary Comittee will be consulted ; in particular Article 6 thereof, whereas, in view of the urgency, the measures envis­ Whereas on 25 March 1976 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 No 129 on the value of the unit of account and the of Community action, to grant the equivalent of 24 780 metric tons of common wheat (in other words exchange rates to be applied for the purposes of the 17 842 metric tons of common wheat flour) to common agricultural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular UNRWA under its 1975/76 food-aid programme ; 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 delivered Ashod and Lattakia, that is at the moment when the goods are actually placed on the dock or in the lighter where HAS ADOPTED THIS REGULATION : applicable ;

Whereas tenders may be be submitted by tenders 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 1 . Tenders are hereby invited for the supply to situation in the Member States and in order to ensure UNRWA, by way of Community food-aid action, of that the tenders are as comparable as possible, account 1 7 842 metric tons of common wheat flour. 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 Italy customs export formalities will be completed ; in two lots. The product shall be mobilized on the Community market. The product shall be loaded for Whereas the award under the invitation to tender departure from any Community port. must be made to the tenderer offering the best terms ;

Whereas should force majeure make it impossible to 3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered Ashold complete the operation in question within the time limits specified, it must be made clear who is to bear ( 13 000 metric tons) and Lattakia (4 842 metric tons), that is at the moment when the goods are actually the liability for any costs ; placed on the dock or in the lighter where applicable. 0) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 100, 14. 4. 1976, p. 1 . (4) OJ No 106, 30. 10. 1962, p. 2553/62. (3) OJ No L 281 , 1 . 11 . 1975, p. 89. (5) OJ No L 263, 19. 9. 1973, p. 1 .

No L 127/ 14 15.5.76 Official Journal of the European Communities

4. The successful tenderer shall deliver the product to the Tuesday of the following week being the in new cotton sacks of a net capacity of 50 kg. period immediately preceding the closing date for submission of tenders . The following shall be printed on the sacks :

'Wheat flour — Gift of the European Economic Article 4 Community to UNRWA — for Palestine refugees.' The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ Article 2 ment referred to in Article 3 (3).

1 . The decision on tenders received in response to However, if the tenders submitted do not appear to the invitation provided for in Article 1 shall be taken reflect normal prices and costs, the intervention on 28 May 1976. agency may cancel the invitation to tender.

2. The closing date for submission of tenders shall be 28 May 1976 at 12 noon. Article 5

3 . The notice of invitation to tender shall be 1 . The tenderer shall give security in an amount of published in the Official Journal of the European 10 units of account per metric ton of goods. Communities not less than nine days before the closing date for submission of tenders. It shall be released :

— in the case of all tenderers whose tenders are Article 3 unsuccessful or are not accepted, — in the case of the successful tenderer, when the 1 . The prices offered must be expressed in the operations concerned have been carried out within currency of the Member State in which the invitation the prescribed time limit and on submission of to tender was issued . the original export licence, duly granted and endorsed by the competent authorities of the 2. Tenders must in particular mention the Member Member State mentioned in the tender pursuant State in which the tenderer, in the event of his being to Article 3 (2), 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 able the prices shall where appropriate, be corrected 2. The security required under paragraph 1 may be by the monetary compensatory amount and the acces­ provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to sion compensatory amount applicable on the closing date for submission of tenders to exports from the criteria laid down by each Member State. Member State mentioned in the tender pursuant to paragraph 2. Article 6 Such correction shall be made by : 1 . The common wheat flour referred to in Article 1 — increasing prices which mention a Member State to be supplied to UNRWA must meet the following whose currency has depreciated or a new Member requirements : State, — moisture : 14 % maximum , — reducing prices which mention a Member State — protein content : 10-5 % minimum (N x 6-25 on whose currency has been revalued. dry matter), The monetary compensatory amount shall, where — ash content : 0-60 % referred to dry matter. appropriate, be converted into the currency of the Member State in which the invitation to tender is Flour not meeting these requirements shall be refused . issued using :

— in the case when the currencies concerned are 2. Tenders for supply to UNRWA of the common kept at any given moment within a band of wheat flour referred to in Article 1 must relate to a 2-25 % , a conversion rate resulting from their product with the following characteristics : central rate, — moisture : 14 % maximum, — in other cases, the average of the spot rates of the currencies concerned recorded in the Member — protein contenty ; 10-5 % minimum (N x 6-25 State in which the invitation to tender is issued on dry matter) during a period from the Wednesday of one week — ash content : 0-60 % referred to dry matter.

15 . 5 . 76 No L 127/ 15 Official Journal of the European Communities

Article 7 4. The intervention agency shall request the successful tenderer to supply the following informa­ 1 . The Italian intervention agency shall be respon­ tion : sible for the operations relating to the invitation to tender provided for by this Regulation. (a) after each shipment, a statement giving details of 2. It shall forthwith communicate to the Commis­ the quantities loaded, the quality of the products and the type of packing ; sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, (b) the date of the departure of the ships ; the esti­ together with the name and business name of the mated date of arrival of the products at their desti­ successful tenderer. nation ; (c) all possible contingencies which might occur 3. Where the customs export formalities for the during transportation of the products. mobilized product are completed in a Member State other than that in which the invitation to tender is The information indicated above shall be forwarded issued, the intervention agency of the latter Member State shall be responsible for the operations following by the intervention agency to the Commission imme­ tendering, including payment to the successful diately upon receipt. tenderer. 5. When the intervention agency responsible for In such case, the intervention agency choosing the the operations relating to tendering is not the interven­ successful tenderer shall immediately inform the inter­ tion agency which appoints the successful tenderer, it vention agency of the Member State concerned and shall send as soon as possible to the latter the informa­ shall supply it with all the information which it may tion necessary for releasing the security. require.

Furthermore, the amount of the successful tender Article 8 shall be paid after it has been converted using the average of the spot rates referred to in Article 3 (3) to the tenderer in the currency of the Member State in This Regulation shall enter into force on the day of its which the operations relating to the tendering are publication in the Official Journal of the European completed. Communities

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

Done at Brussels, 14 May 1976.

For the Commission

P.J. LARDINOIS

Member of the Commission