31976R3000

11 . 12 . 76 No L 342/ 11 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3000/76

of 10 December 1976 opening an invitation to tender for the mobilization of common wheat flour as aid for the Arab Republic of Syria

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES, tion to tender for supplies to the Arab Republic of Syria will be fulfilled ; Having regard to the Treaty establishing the European Economic Community, Whereas the Italian intervention agency should be made responsible for the tendering procedure ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas the Commission must be informed quickly tion of the market in cereals (*), as amended by Regula­ of the tenders submitted in response to the invitation tion (EEC) No 1 143/76 (2), and of those accepted by the intervention agency ;

Having regard to Council Regulation (EEC) No Whereas the Monetary Committee will be consulted ; 2750/75 of 29 October 1975 laying down the condi­ whereas, in view of the urgency, the measures envis­ tions for the mobilization of cereals as food aid (3), and aged should be adopted in accordance with the condi­ in particular Article 6 thereof, tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the Whereas on 25 March 1976 the Council of the Euro­ exchange rates to be applied for the purposes of the pean Communities declared that it proposed, by way common agricultural policy (4), as last amended by of Community action, to grant the equivalent of 2 500 Regulation (EEC) No 2543/73 (5), and in particular metric tons of common wheat (in other words, 1 656 Article 3 thereof ; metric tons of common wheat flour) to the Arab Repu­ blic of Syria under its 1975/76 food-aid programme ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas pursuant to Article 3 (3) of Council Regula­ ment Committee for Cereals, tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

HAS ADOPTED THIS REGULATION : 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 Article 1 nated by the recipient or its agent ; 1 . An invitation to tender shall be issued in respect Whereas tenders may be submitted by tenderers esta­ of the supply of 1 656 metric tons of common wheat blished in any Member State of the Community and flour to the Arab Republic of Syria by way of Commu­ may relate to products mobilized anywhere within nity food-aid action . those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 2. The tendering procedure shall take place in Italy that the tenders are as comparable as possible, account in one lot. The product shall be mobilized on the should be taken of the effect on each tender of the Community market. The product shall be loaded for currency situation in the Member State in which the departure from any Community port. customs export formalities will be completed ; 3 . The product referred to in paragraph 1 is to be Whereas the contract should be awarded to the delivered in new cotton sacks of a net capacity of 50 tenderer offering the best terms ; kilogrammes to the port of shipment in the vicinity of the vessel . The goods must be set down at the place Whereas in case it should be impossible for reasons of nominated by the recipient country or its agent, the force majeure to complete the operation in question timing of delivery being settled by the tenderer and within the set time limits, it must be made clear who the recipient country's agent. is to bear any costs resulting therefrom ; 4. The following shall be printed on the sacks : Whereas provision should be made for security to be 'Wheat flour / Gift of the European Economic given for the purpose of guaranteeing that the obliga­ Community to Syria.' (•) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 130 , 19 . 5. 1976, p . 1 . (<) 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 342/ 12 Official Journal of the European Communities 11 . 12 . 76

Article 2 However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 1 . The decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided for in Article 1 shall be taken on 29 December 1976 . Article 5 2. The closing date for submission of tenders shall be 29 December 1976 at 12 noon . If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the notice of invitation to tender as a result of the late 3 . The notice of invitation to tender shall be availability of the vessels to be used for sea transporta­ published in the Official Journal of the European tion, the resulting costs shall be borne by the interven­ Communities not less than nine days before the tion agency. closing date for submission of tenders.

Article 6 Article 3 1 . The tenderer shall give security of a value of 10 1 . The prices offered must be expressed in the units of account per metric ton of goods. currency of the Member State in which the invitation to tender was issued . It shall be released :

— in the case of all tenderers whose tenders are 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being unsuccessful or are hot accepted, declared successful, expects to complete the customs — in the case of the successful tenderer, when the export formalities for the products concerned. operations concerned have been carried out within the prescribed time limit and on submission of 3. For the purpose of rendering the tenders compar­ the original export licence duly granted and able, the prices shall, where appropriate, be corrected endorsed by the competent authorities of the by the monetary compensatory amount and the acces­ Member State mentioned in the tender pursuant sion compensatory amount applicable on the closing to Article 3 (2), date for submission of tenders to exports from the — in the case of the successful tenderer for quantities Member State mentioned in the tender pursuant to not supplied by reason of force majeure. paragraph 2. 2. The security required under paragraph 1 may be Such correction shall be made by : provided in the form of a cash deposit or of a — increasing prices which mention a Member State guarantee issued by a credit institution conforming to whose currency has depreciated or a new Member criteria laid down by each Member State. State, Article 7 — reducing prices which mention a Member State whose currency has been revalued . 1 . The common wheat flour referred to in Article 1 The monetary compensatory amount shall, where to be supplied to the Arab Republic of Syria must appropriate, be converted into the currency of the meet the following requirements : Member State in which the invitation to tender is — moisture : 14 % maximum , issued using : — protein content : 10-5% minimum (N x 6-25 on — in the case when the currencies concerned are dry matter), kept at any given moment within a band of — ash content : 0-52 % maximum referred to dry 2-25 % a conversion rate resulting from their matter . central rate, If the goods referred to in Article 1 do not meet the — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member foregoing requirements they shall be rejected and the successful tenderer shall be owner thereof. State in which the invitation to tender is issued during a period from the Wednesday of one week 2. Tenders for supply to the Arab Republic of Syria to the Tuesday of the following week being the of the common wheat flour referred to in Article 1 period immediately preceding the closing date for must relate to a product with the following characteris­ submission of tenders . tics :

— moisture : 14 % maximum, Article 4 — protein content : 10-5% minimum (N x 6-25 on dry matter), The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ — ash content : 0-52 % maximum referred to dry ment referred to in Article 3 (3). matter .

11 . 12. 76 No L 342/ 13 Official Journal of the European Communities

Article 8 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 (a) after each shipment a certificate showing the quan­ tender provided 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 this 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 Communities. relating to the tendering are completed.

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

Done at Brussels , 10 December 1976 .

For the Commission

P.J. LARDINOIS

Member of the Commission