31976R1722

17 . 7. 76 Official Journal of the European Communities No L 193 / 9

COMMISSION REGULATION (EEC) No 1722/76

of 16 July 1976 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

THE COMMISSION OF THE EUROPEAN limits specified, it must be made clear who is to bear COMMUNITIES, the liability for any resulting costs ;

Having regard to the Treaty establishing the European Whereas provision should be made for security to be Economic Community, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ Having regard to Council Regulation (EEC) No tion to tender for supplies to the International 2727/75 of 29 October 1975 on the common organiza­ Committee of the Red Cross will be fulfilled ; tion of the market in cereals ( !), as amended by Regula­ tion (EEC) No 11 43/76 (2), Whereas the Belgian intervention agency should be made responsible for the tendering procedure ; Having regard to Council Regulation (EEC) No Whereas the Commission must be informed quickly 2750/75 of 29 October 1975 laying down the condi­ of the tenders submitted in response to the invitation tions for the mobilization of cereals as food aid (3), and and of those accepted by 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 it proposed, by way aged should be adopted in accordance with the condi­ of Community action, to grant the equivalent of 6 342 tions laid down in Article 3 (2) of Council Regulation metric tons of common wheat (in other words 4 200 No 129 (4) on the value of the unit of account and the metric tons of common wheat flour) to the Interna­ exchange rates to be applied for the purposes of the tional Committee of the Red Cross under its 1975/76 common agricultural policy, as last amended by Regu­ food-aid programme ; lation (EEC) No 2543/73 (5), 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 delivered to Ashdod, Aqaba or Valparaiso, that is at the moment when the goods HAS ADOPTED THIS REGULATION : are actually placed on the dock or in the lighter where applicable ;

Article 1 Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and may relate to products mobilized anywhere within 1 . Tenders are hereby invited for the supply to the International Committee of the Red Cross, by way of those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure Community action, of 4 200 metric tons of common wheat flour, distributed as follows : that the tenders are as comparable as possible, account should be taken of the effect on each tender of the — 2 700 metric tons destined for Cis-Jordan and currency situation in the Member State in which the Gaza-Sinai (lots 1 , 2 and 3), customs export formalities will be completed ; — 1 000 metric tons destined for Jordan (lots 4 and 5 . Whereas the award under the invitation to tender must be made in favour of the tenderer offering the — 500 metric tons destined for Chile (lot 6). best terms ; 2. The tendering procedure shall take place in Whereas, should force majeure make it impossible to Belgium in six lots. The product shall be mobilized complete the operation in question within the time on the Community market. The products shall be loaded for departure from any Community port. (•) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ Nò L 130, 19. 5. 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 193/ 10 Official Journal of the European Communities 17 . 7 . 76

3 . The invitation to tender provided for in para­ — in the case when the currencies concerned are graph 1 is for supply of products delivered Ashdod, kept at any given moment within a band of Aqaba or Valparaiso, that is at the moment when the 2-25 % , a conversion rate resulting from their goods are actually placed on the dock or in the lighter central rate, where applicable. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member 4 . The successful tenderer shall deliver the State in which the invitation to tender is issued products in new cotton sacks of a net capacity of 50 during a period from the Wednesday of one week kg­ to the Tuesday of the following week being the On the sacks shall be printed a red cross, 15 x 15 period immediately preceding the closing date for cm, as well as the following : submission of tenders .

'Wheat flour / Gift of the European Economic Community / Action of the International Committee Article 4 of the Red Cross / for free distribution .' 'Harina de trigo / Donacion de las Comunidades Euro­ The contract shall be awarded to the tenderer offering peas / Acción del Comité Internacional de la Cruz the best terms, taking into consideration the adjust­ Roía / por distribución gratuita.' ment referred to in Article 3 (3).

However, if the tenders submitted do not appear to Article 2 reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 1 . The decision on tenders received in response to the invitation provided in Article 1 shall be taken on 30 July 1976. Article 5

2. The closing date for the submission of tenders 1 . The tenderer shall give security in an amount of shall be 30 July 1976 at 12 noon. 10 units of account per metric ton of goods. 3 . The notice of invitation to tender shall be It shall be released : published in the Official Journal of the European Communities not less than nine days before the — in the case of all tenderers whose tenders are closing date for the submission of tenders. unsuccessful or are not accepted, — in the case of the successful tenderer, when the Article 3 operations concerned have been carried out within the prescribed time limit and on submission of 1 . The prices offered must be expressed in the the original export licence duly granted and currency of the Member State in which the invitation 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 formalizes 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 common wheat flour referred to in Article 1 Such correction shall be made by : to be supplied to the International Committee of the — increasing prices which mention a Member State Red Cross must meet the following requirements : whose currency has depreciated or a new Member — moisture : 1 2 % 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 : 0-52 % maximum referred to dry The monetary compensatory amount shall, where 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 issued using : refused .

17 . 7 . 76 Official Journal of the European Communities No L 193/ 11

2. Tenders for supply to the International Furthermore, the amount of the successful tender Committee of the Red Cross of the common wheat shall be paid after it has been converted using the flour referred to in Article 1 must relate to a product average of the spot rates referred to in the second with the following characteristics : subparagraph of Article 3 (3) to the tenderer in the — moisture : 1 2 % maximum, currency of the Member State in which the operations relating to the tendering are completed. — protein content : 10-5 % minimum (N x 6-25 on dry matter), 4. The intervention agency shall ask that the — ash content : 0-52 % maximum referred to dry tenderer specifies the following information : matter. (a) after each shipment, a statement giving details of Article 7 the quantities loaded, the quality of the products and their packaging ; 1 . The Belgian intervention agency shall be respon­ (b) the date of the departure of the ships, the expected sible for the operations relating to the invitation to date of arrival of the products at their destination ; tender provided for by this Regulation . (c) all possible contingencies which might occur 2 . It shall forthwith communicate to the Commis­ during transportation of the products. sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, The intervention agency shall transmit the informa­ together with the name and business name of the tion provided for to the Commission as soon as it is sucessful tenderer. received .

3 . Where the customs export formalities for the 5. When the intervention agency responsible for mobilized product are completed in a Member State other than that in which the invitation to tender is the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it issued, the intervention agency of the latter Member shall send as soon as possible to the latter the informa­ State shall be responsible for the operations following tion necessary for releasing the security. tendering, including payment to the successful tenderer.

In such case, the intervention agency choosing the Article 8 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and This Regulation shall enter into force on the day of its shall supply it with all the information which it may publication in the Official Journal of the European require. Communities.

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

Done at Brussels, 16 July 1976.

For the Commission

P.J. LARDINOIS

Member of the Commission

J

No L 193 / 12 Official Journal of the European Communities 17. 7. 76

ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX

Numéro du lot Port de débarquement Tonnage à mettre en caf Période d'embarquement Inscription sur les sacs N. della partita Porto di sbarco Tonnellaggio da consegnare cif Periodo d' imbarco Iscrizione sui sacchi Nr. des Loses Bestimmungshafen Nach cif zu bringende Menge Verschiffungszeitraum Aufschrift auf den Säcken Partiets nummer Lossehavn Mængde til levering cif Indskibningsperiode Påskrift pi sækkene No of lot Port of unloading Tonnage cif Loading period Inscription on the sacks Nr. van de partij Haven van lossing Cif aan te leveren hoeveelheid Periode van laden Melding op de zakken

1 Ashdod 900 15 . — 30 . 8 . 1976 Wheat Flour / Gift of the Euro­ 2 Ashdod 900 15 . — 30 . 10 . 1976 pean Economic Community / Action of the International 3 Ashdod 900 15 . — 30 . 12. 1976 Committee of the Red Cross / 4 Aqaba 500 15 . — 30 . 8 . 1976 For free distribution

5 Aqaba 500 15 . — 30 . 10 . 1976

6 Valparaiso 500 15 . — 30 . 8 . 1976 Harina de trigo / Donación de La Comunidades Europeas / Acción del Comité Internacional de la Cruz Roja / Por distribución gratuita