31976R1124

15 . 5. 76 No L 127/ 19 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1124/76 of 14 May 1976 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Hashemite Kingdom of Jordan

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of obligations arising by virtue of participation in the invitation to tender for Having regard to the Treaty establishing the European the supply of goods to the Hashemite Kingdom of Economic Community, Jordan ;

Having regard to Council Regulation (EEC) No Whereas the Belgian intervention agency should be 2727/75 of 29 October 1975 on the common organiza­ made responsible for organizing the invitation to tion of the market in cereals (J), as amended by Regula­ tender ; tion (EEC) No 832/76 (2), Whereas it is important that the Commission be Having regard to Council Regulation (EEC) No informed without delay of the tenders submitted in 2750/75 of 29 October 1975 laying down the condi­ response to the invitation and of those accepted by tions for the mobilization of cereals as food aid (3), and the intervention agency ; in particular Article 6 thereof, Whereas the Monetary Committee will be consulted ; Whereas on 25 March 1976 the Council of the Euro­ whereas, in view of the urgency, the measures envis­ pean Communities declared that by way of Commu­ aged should be adopted in accordance with the condi­ nity action it proposed to grant to the Hashemite tions laid down in Article 3 (2) of Council Regulation Kingdom of Jordan the equivalent of 14 000 metric No 129 on the value of the unit of account and the tons of common wheat, in the form of flour, i.e. 9 272 exchange rates to be applied for the purposes of the metric tons of common wheat flour, under its 1 975/76 common agricultural policy (4), as last amended by food-aid programme ; Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; Whereas purusuant 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 tenders should be invited for the supply of the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ; 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 1 . An invitation to tender shall be issued in respect that the tenders are as comparable as possible, account of the supply of 9 272 metric tons of common wheat should be taken of the effect on each tender of the flour to the Hashemite Kingdom of Jordan by way of currency situation in the Member State in which the Community food-aid action . customs export formalities will be completed ;

2. The tendering procedure shall take place in the Whereas the contract should be awarded to the Kingdom of Belgium and shall be in respect of a tenderer who makes the best offer ; single lot.

Whereas it must be made clear who is to bear any 3 . The goods shall be mobilized on the Commu­ costs which arise in the event that for reasons of force nity market. majeure the operation in question is not completed within the time stipulated ; 4. Shipment shall be from a Community port. (') 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. (}) OJ No L 281 , 1 . 11 . 1975, p. 89. (5) OJ No L 263, 19. 9 . 1973, p. 1 .

No L 127/20 Official Journal of the European Communities 15 . 5 . 76

5. The product referred to in paragraph 1 is to be — in the other cases, the average of the spot rates of delivered in new cotton sacks of a net capacity of 50 the currencies concerned recorded in the Member kg to the port of shipment in the vicinity of the State in which the invitation to tender is issued vessel. The goods must be set down at the place nomi­ during a period from the Wednesday of one week nated by the recipient country or its agent, the timing to the Tuesday of the following week being the of delivery being settled by the tenderer and the recip­ period immediately preceding the closing date for ient country's agent. submission of tenders .

6. The following shall be printed on the sacks : Article 4 'Wheat flour — Gift of the European Economic Community to the Hashemite Kingdom of Jordan — The contract shall be awarded to the tenderer offering For free distribution '. 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 reflect normal market prices and costs, the interven­ 1 . The award of the contract shall take place on 28 tion agency may cancel the invitation to tender. May 1976.

Article 5 2. The closing date for submission of tenders shall be 28 May 1976 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 It shall be released : Communities not less than nine days before the closing date for submission of tenders. — in the case of all tenderers whose tenders are unsuccessful or are not accepted, Article 3 — 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 — in the case of the successful tenderer for quantities declared successful, expects to complete the customs not supplied by reason of force majeure. export formalities for the products concerned. 2. The security required under paragraph 1 may be 3. For the purpose of rendering the tenders compar­ provided in the form of a cash deposit or of a able, the prices shall, where appropriate, be corrected guarantee issued by a credit institution conforming to by the monetary compensatory amount and the acces­ 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 goods referred to in Article 1 which are to Such correction shall be made by : be supplied to the Hashemite Kingdom of Jordan must meet the following requirements : — increasing prices which mention a Member State whose currency has depreciated or a new Member common wheat flour : State, — moisture content : 1 5 % maximum ; — reducing prices which mention a Member State — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ whose currency has been revalued. lated on the dry matter) ; The monetary compensatory amount shall, where — ash content : 0-52 % maximum on the dry matter. appropriate, be converted into the currency of the Member State in which the invitation to tender is If the goods referred to in Article 1 do not meet the issued using : foregoing requirements they shall be rejected and the successful tenderer shall be owner thereof. — in the case when the currencies concerned are kept at any given moment within a band of 2. Tenders for supply to the Hashemite Kingdom 2*25 % , a conversion rate resulting from their of Jordan of the goods referred to in Article 1 must central rate . relate to products with the following characteristics :

15 . 5 . 76 No L 127/ 21 Official Journal of the European Communities

common wheat flour : subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations —- moisture content : 1 5 % maximum ; relating to the tendering are completed. — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ lated on the dry matter) ; 4. The intervention agency shall request the successful tenderer to supply the following informa­ — ash content : 0-52 % maximum on the dry matter. tion : Article 7 (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; 1 . The Belgian intervention agency shall be respon­ (b) the date of departure of the vessels. sible for operations relating to the invitation to tender The information indicated above shall be forwarded provided for by this Regulation. by the intervention agency to the Commission imme­ 2. It shall forthwith communicate to the Commis­ diately upon receipt.' sion the list of firms which have responded to the invi­ 5. When the agency responsible for the operations tation to tender, specifying the terms of each tender, together with the name and business name of the relating to tendering is not the intervention agency successful tenderer. which appoints the successful tenderer, it shall send as soon as possible to the latter the information neces­ 3. Where the customs export formalities for the sary for releasing the security. mobilized product are completed in a Member State other than that in which the invitation to tender is Article 8 issued, the intervention agency of the latter Member On delivery of the goods at the port of shipment, a State shall be responsible for the operations following handing-over certificate shall be supplied to the tendering, including payment to the successful tenderer. successful tender, acting as agent for the Community, by the agent of the recipient country or, in the In such case, the intervention agency choosing the absence of the latter, by the intervention agency of the successful tenderer shall immediately inform the inter­ Member State in whose territory the port of shipment vention agency of the Member State concerned and is situated. shall supply it with all the information which it may require. Article 9

Furthermore, the amount of the successful tender This Regulation shall enter into force on the day of its shall be paid after it has been converted using the publication in the Official Journal of the European Communities. average of the spot rates referred to in the second

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