31977R0293

12. 2. 77 Official Journal of the European Communities No L 42/5

COMMISSION REGULATION ( EEC) No 293/77 of 11 February 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Catholic Relief Services

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ Having regard to the Treaty establishing the European tion to tender for supplies to the Catholic Relief Services will be fulfilled ; Economic Community,

Whereas the Belgian intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals (1), as amended by Regula­ Whereas the Commission must be informed quickly tion (EEC) No 3138/76 (2), of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid (3), and whereas, in view of the urgency, the measures envis­ in particular Article 6 thereof, aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation Whereas on 21 December 1976 the Council of the No 129 on the value of the unit of account and the European Communities declared that it proposed, by exchange rates to be applied for the purposes of the way of Community action, to grant the equivalent of common agricultural policy (4), as last amended by 7 497 tonnes of common wheat (in other words 4 965 Regulation (EEC) No 2543/73 (5), and in particular tonnes of common wheat flour) to the Catholic Relief Article 3 thereof ; Services under its 1976/77 food-aid programme ;

Whereas the measures provided for in this Regulation Whereas pursuant to Article 3 (3) of Council Regula­ are in accordance with the opinion of the Manage­ tion (EEC) No 2750/75 the goods may be purchased ment Committee for Cereals, anywhere on the Community market ;

Whereas the proposed invitation to tender should be for supply of the products to the dock or in the HAS ADOPTED THIS REGULATION : lighter where applicable at the port of unloading ;

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 those Member States ; whereas, in view of the currency Catholic Relief Services by way of Community action, situation in the Member States and in order to ensure of 4 965 tonnes of common wheat flour. that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 2. The tendering procedure shall take place in currency situation in the Member State in which the Belgium in three lots. The product shall be mobilized customs export formalities will be completed ; on the Community market.*-!^ products shall be loaded for departure from any Community port. Whereas the award under the invitation to tender must be made in favour of the tenderer offering the 3. The invitation to tender provided for in para­ best terms ; graph 1 is for supply of products to the dock, or in the lighter where applicable in one of the ports of unloading listed in the Annex hereto. Whereas, should force majeure make it impossible to complete the operation in question within the time limits specified, it must be made clear who is to bear 4. The successful tenderer shall deliver the product the liability for any resulting costs ; specified in paragraph 1 in new jute sacks of a net capacity of 50 kilograms. (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 354, 24. 12. 1976, p. 1 . (<) OJ No 106, 30 . 10 . 1962, p. 2553/62. (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No L 263 , 19. 9 . 1973, p. 1 .

No L 42/6 12. 2 . 77 Official Journal of the European Communities

The following shall be printed on the sacks : Article 4 'Harina de trigo — Donación de la Comunidad eco­ The contract shall be awarded to the tenderer offering nómica europea para Cathwel Chile — Destinada a la the best terms, taking into consideration the adjust­ distribución gratuita.' ment referred to in Article 3 (3). The successful tenderer shall supply a supplementary However, if the tenders submitted do not appear to 2 % of empty new sacks, unmarked and of the same reflect normal market prices and costs, the interven­ quality as those which contain the goods. tion agency may cancel the invitation to tender.

Article 2 Article 5 1 . The decision on tenders received in response to the invitation provided in Article 1 shall be taken on 1 . The tenderer shall give security in an amount of 25 February 1977. 10 units of account per tonne of goods.

2. The closing date for the submission of tenders It shall be released : shall be 25 February 1977 at 12 noon . —- in the case of all tenderers whose tenders are 3 . The notice of invitation to tender shall be unsuccessful or are not accepted, published in the Official Journal of the European — in the case of the successful tenderer, when the Communities not less than nine days before the operations concerned have been carried out within closing date for the submission of tenders. the prescribed time limit and on submission of the original export licence duly granted and Article 3 endorsed by the competent authorities of the Member State mentioned in the tender pursuant 1 . The prices offered must be expressed in the to Article 3 (2), currency of the Member State in which the invitation to tender was issued . — in the case of the successful tenderer for quantities not supplied by reason of force majeure. 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being 2. The security required under paragraph 1 may be declared successful, expects to complete the customs provided in the form of a cash deposit or of a export formalities for the products concerned. guarantee issued by a credit institution conforming to criteria laid down by each Member State. 3. For the purpose of rendering the tenders compar­ able, the prices shall, where appropriate, be corrected Article 6 by the monetary compensatory amount and the acces­ sion compensatory amount applicable on the closing 1 . The common wheat flour referred to in Article 1 date for submission of tenders to exports from the must meet the following requirements : Member State mentioned in the tender pursuant to paragraph 2. — moisture : 12 % maximum , Such correction shall be made by : — protein content : 10-5 % minimum (N x 6-25 on dry matter), — increasing prices which mention a Member State — ash content : 0-52 % maximum referred to dry whose currency has depreciated or a new Member matter. State, — reducing prices which mention a Member State Flour not meeting these requirements shall be whose currency has been revalued. refused .

The monetary compensatory amount shall, where 2, Tenders for supply of the common wheat flour appropriate, be converted into the currency of the referred to in Article 1 must relate to a product with Member State in which the invitation to tender is the following characteristics : issued using : — moisture : 1 2 % maximum, — in the case when the currencies concerned are kept at any given moment within a band of — protein content : 1 0-5 % minimum (N x 6-25 on dry matter), 2-25 % , a conversion rate resulting from their central rate, — ash content : 0-52 % maximum referred to dry matter. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member State in which the invitation to tender is issued Article 7 during a period from the Wednesday of one week to the Tuesday of the following week being the 1 . The Belgian intervention agency shall be respon­ period immediately preceding the closing date for sible for the operations relating to the invitation to submission of tenders . tender provided for by this Regulation .

12. 2. 77 Official Journal of the European Communities No L 42/7

2 . It shall forthwith communicate to the Commis­ 4. The intervention agency shall ask that the sion the list of firms which have responded to the invi­ tenderer specifies the following information : tation to tender, specifying the terms of each tender, (a) after each shipment, a statement giving details of together with the name and business name of the the quantities loaded, the quality of the products successful tenderer. and their packaging ; 3 . Where the customs export formalities for the (b) the date of the departure of the ships, the expected mobilized product are completed in a Member State date of arrival of the products at their destination ; other than that in which the invitation to tender is (c) all possible contingencies which might occur issued, the intervention agency of the latter Member during transportation of the products. State shall be responsible for the operations following tendering, including payment to the successful The intervention agency shall transmit the informa­ tenderer. tion provided for to the Commission as soon as it is received . In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ 5. When the intervention agency responsible for vention agency of the Member State concerned and the operations relating to tendering is not the interven­ shall supply it with all the information which it may tion agency which appoints the successful tenderer, it require . shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. Furthermore, the amount of the successful tender shall be paid, after it has been converted using the Article 8 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 1 February 1 977.

For the Commission

Finn GUNDELACH

Vice-President

ANNEX

Number Port of unloading Minimum rate of unloading Tonnage cif of lot

1 Valparaiso 2 480 2 Coquimbo Customs of the port 365 3 Talcahuano 2 120