31976R2267

18 . 9 . 76 Official Journal of the European Communities No L 255 / 5

COMMISSION REGULATION ( EEC) No 2267/76 of 17 September 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 tion to tender for supplies to the International Having regard to Council Regulation (EEC) No Committee of the Red Cross will be fulfilled ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as amended by Regu­ lation (EEC) No 1143/76 (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 of those accepted by the intervention agency ; and in particular Article 6 thereof,

Whereas the Monetary Committee will be consulted ; Whereas on 21 June 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 5 000 tions laid down in Article 3 (2) of Council Regulation metric tons of common wheat (in other words 3 311 No 129 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 (4), as last amended by food-aid programme ; Regulation (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 11 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 Danang, that is at the moment when the goods are actually placed on the dock or in the lighter where applicable ; 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 1 . Tenders are hereby invited for the supply to the situation in the Member States and in order to ensure International Committee of the Red Cross, by way of that the tenders are as comparable as possible, account Community action , of 3 311 metric tons of common should be taken of the effect on each tender of the 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 Belgium in one lot. The product shall be mobilized Whereas the award under the invitation to tender on the Community market. The product shall be must be made in favour of the tenderer offering the loaded for departure from any Community port. best terms ; 3. The invitation to tender provided for in para­ Whereas, should force majeure make it impossible to graph 1 is for supply of products delivered Danang, complete the operation in question within the time that is at the moment when the goods are actually placed on the dock or in the lighter where applicable. (!) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 130, 19 . 5 . 1976, p . 1 . (4) OJ No 106, 30 . 10 . 1962, p . 2553/62. (3) OJ No L 281 , 1 . 1 1 . 1975, p. 89 . (5 ) OJ No L 263 , 19 . 9 . 1973, p. 1 .

No L 255/ 6 Official Journal of the European Communities 18 . 9 . 76

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

On the sacks shall be printed a red cross, 15 x 15 Article 4 cm, as well as the following : Wheat flour / Gift of the European Economic The contract shall be awarded to the tenderer offering Community / Action of the International Committee the best terms, taking into consideration the adjust­ of the Red Cross / For free distribution .' 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 for in Article 1 shall be taken on 1 October 1976. Article 5

2. The closing date for the submission of tenders 1 . The tenderer shall give security in an amount of shall be 1 October 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 — in the case of all tenderers whose tenders are Communities not less than nine days before the unsuccessful or are not accepted, closing date for the submission of tenders. — in the case of the successful tenderer, when the operations concerned have been carried out within Article 3 the prescribed time limit and on submission of the original export licence duly granted and 1 . The prices offered must be expressed in the endorsed by the competent authorities of the currency of the Member State in which the invitation to tender was issued . Member State mentioned in the tender pursuant to Article 3 (2), 2. Tenders must in particular mention the Member — in the case of the successful tenderer for quantities State in which the tenderer, in the event of his being not supplied by reason of force majeure. declared successful, expects to complete the customs export formalities for the products concerned. 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a 3. For the purpose of rendering the tenders compar­ guarantee issued by a credit institution conforming to able, the prices shall, where appropriate, be corrected criteria laid down by each Member State. by the monetary compensatory amount and the acces­ sion compensatory amount applicable on the closing Article 6 date for submission of tenders to exports from the Member State mentioned in the tender pursuant to 1 . The common wheat flour referred to in Article 1 paragraph 2. to be supplied to the International Committee of the Such correction shall be made by : Red Cross must meet the following requirements : — moisture : 1 2 % maximum , — increasing prices which mention a Member State whose currency has depreciated or a new Member — protein content : 10-5 % minimum (N x 6*25 on State, dry matter), — reducing prices which mention a Member State — ash content : 0-52 % maximum referred to dry whose currency has been revalued. matter .

The monetary compensatory amount shall, where Flour not meeting these requirements shall be appropriate, be converted into the currency of the refused . Member State in which the invitation to tender is issued using : 2. Tenders for supply to the International Committee of the Red Cross of the common wheat — in the case when the currencies concerned are flour referred to in Article 1 must relate to a product kept at any given moment within a band of with the following characteristics : 2-25 % , a conversion rate resulting from their central rate, — moisture : 12% maximum , — in the other cases, the average of the spot rates of — protein content : 1 0*5 % minimum (N x 6-25 on the currencies concerned recorded in the Member dry matter), State in which the invitation to tender is issued — ash content : 0-52 % maximum referred to dry during a period from the Wednesday of one week matter .

18 . 9 . 76 Official Journal of the European Communities No L 255/7

Article 7 currency of the Member State in which the operations relating to the tendering are completed. 1 . The Belgian intervention agency shall be respon­ sible for the operations relating to the invitation to 4. The intervention agency shall ask that the tender 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 mobilized product are completed in a Member State during transportation of the products. 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 subparagraph of Article 3 (3) to the tenderer in the Communities.

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

Done at Brussels, 17 September 1976. For the Commission P.J. LARDINOIS Member of the Commission