31976R2396

No L 270/ 10 Official Journal of the European Communities 2. 10 . 76

COMMISSION REGULATION ( EEC) No 2396/76 of 1 October 1976 opening an invitation to tender for the mobilization of flour of common wheat as food aid for the island of Mauritius

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES , given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender Having regard to the Treaty establishing the European for the supply of wheat to the island of Mauritius ; Economic Community, Whereas the French intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure in ques­ tion ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( l ), as amended by Regula­ tion (EEC) No 1 143/76 (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 Committee will be consulted ; in particular Article 6 thereof, whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Whereas on 25 March 1976 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation pean Communities declared that by way of Commu­ No 129 on the value of the unit of account and the nity action it proposed to grant the island of Mauritius exchange rates to be applied for the purposes of the 3 311 metric tons of cereals under its 1975/76 food­ common agricultural policy (4), as last amended by 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 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 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 the island of Mauritius by way of Community food-aid that the tenders are as comparable as possible, account action of 3 311 metric tons of flour of common wheat. should be taken of the effect on each tender of the 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 in favour of the tenderer offering the for departure from any French port. best terms ; 3. The flour is to be delivered in new jute sacks of Whereas, should force majeure make it impossible to a net capacity of 67 kg to the port of shipment in the complete the operation in question within the set vicinity of the vessel . The goods must be set down at time limits, it should be made clear who is to bear the the place nominated by the recipient country or its liability for any resulting costs ; agent, the timing of delivery being settled by the tenderer and the recipient country's agent. (!) 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. P) OJ No L 281 , 1 . 11 . 1975, p . 89 . (5) OJ No L 263, 19 . 9 . 1973, p. 1 .

2. 10 . 76 Official Journal of the European Communities No L 270/ 11

4. The following shall be printed on the sacks : Article 4

' Farine de froment/ Don de la Communauté écono­ The contract shall be awarded to the tenderer offering mique européenne/ Destinée à la vente'. 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 takeii tion agency may cancel the invitation to tender. on 15 October 1976 .

2. The closing date for submission of tenders shall Article 5 be 15 October 1976 at 12 noon . If the tenderer is unable to deliver the goods in 3 . The notice of invitation to tender shall be compliance with Article 1 (3) on the date given in the published in the Official Journal of the European notice of invitation to tender as a result of the late Communities, not less than nine days before the availability of the vessels to be used for sea transporta­ closing date for submission of tenders. tion, the resulting costs shall be borne by the interven­ tion agency. Article 3

Article 6 1 . The prices offered must be expressed in the currency of the Member State in which the invitation to tender was issued . 1 . The tenderer shall give security in an amount of 10 units of account per metric ton of goods. 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being It shall be released : declared successful, expects to complete the customs — in the case of all tenderers whose tenders are export fomalities for the products concerned. unsuccessful or are not accepted, 3 . For the purpose of rendering the tenders compar­ — in the case of the successful tenderer, when the able, the prices shall, where appropriate, be corrected operations concerned have been carried out within by the monetary compensatory amount and the acces­ the prescribed time limit and on submission of sion compensatory amount applicable on the closing the original export licence duly granted and date for submission of tenders to exports from the endorsed by the competent authorities of the Member State mentioned in the tender pursuant to Member State mentioned in the tender pursuant paragraph 2. to Article 3 (2),

Such correction shall be made by : — in the case of the successful tenderer for quantities not supplied by reason of force majeure. — increasing prices which mention a Member State whose currency has depreciated or a new Member 2. The security required under paragraph 1 may be State, provided in the form of a cash deposit or of a. — reducing prices which mention a Member State guarantee issued by a credit institution conforming to whose currency has been revalued . criteria laid down by each Member State.

The monetary compensatory amount shall , where appropriate, be converted into the currency of the Article 7 Member State in which the invitation to tender is issued using : The common wheat flour referred to in Article 1 to be — in the case when the currencies concerned are supplied to the island of Mauritius must meet the following requirements : kept at any given moment within a band of 225 % , a conversion rate resulting from their — moisture : 1 2 % maximum , central rate, — protein content : 10-5 % minimum (N x 6-25 on — in the other cases, the average of the spot rates of dry matter), the currencies concerned recorded in the Member State in which the invitation to tender is issued — ash content 0-52 % maximum referred to-^ry during a period from the Wednesday of one week matter . to the Tuesday of the following week being the period immediately preceding the closing date for Flour not meeting these requirements shall be submission of tenders . refused .

No L 270/ 12 Official Journal of the European Communities 2 . 10 . 76

Article 8 4. The intervention agency shall request the successful tenderer to supply the following informa­ 1 . The French intervention agency shall be respon­ tion : sible for organizing the invitation to tender provided (a) after each shipment a certificate showing the quan­ for by this Regulation . tities dispatched and the quality of the products ; 2 . It shall forthwith communicate to the Commis­ (b) the date of departure of the vessels. sion the list of firms which have responded to the invi­ The information indicated above shall be forwarded tation to tender, specifying the terms of each tender, by the intervention agency to the Commission imme­ together with the name and business name of the successful tenderer . diately upon receipt. 5. When the intervention agency responsible for 3. Where the customs export formalities for the the operations relating to tendering is not the interven­ mobilized product are completed in a Member State tion agency which appoints the successful tenderer, it other than that in which the invitation to tender is shall send as soon as possible to the latter the informa­ issued, the intervention agency of the latter Member tion necessary for releasing the security. State shall be responsible for the operations following tendering, including payment to the successful Article 9 tenderer. On delivery of the goods at the port of shipment, a In such case, the intervention agency choosing the handing-over certificate shall be supplied to the successful tenderer shall immediately inform the inter­ successful tenderer, acting as agent for the Commu­ vention agency of the Member State concerned and nity, by the agent of the recipient country, or, in the shall supply it with all the information which it may absence of the latter, by the intervention agency of the require . Member State in whose territory the port of shipment is situated . Furthermore, the amount of the successful tender shall be paid after it has been converted using the Article 10 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the This Regulation shall enter into force on the day of its currency of the Member State in which the operations publication in the Official Journal of the European relating to the tendering are completed . Communities.

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

Done at Brussels, 1 October 1976 . For the Commission P.J. LARDINOIS $Member of the Commission