31977R0345

No L 48 / 16 19 . 2. 77 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 345 / 77

of 18 February 1977

opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine ( UNRWA)

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 UNRWA will be ful­ Economic Community, filled ;

Having regard to Council Regulation ( EEC) No Whereas the Italian intervention agency should be 2727/75 of 29 October 1975 on the common organiza­ made responsible for the tendering procedure ; tion of the market in cereals ('), as amended by Regula­ tion ( EEC) No 3138 /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 8 February 1977 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation pean Communities declared that it proposed, by way No 129 on the value of the unit of account and the of Community action , to grant the equivalent of exchange rates to be applied for the purposes of the 13 300 tonnes of common wheat (in other words common agricultural policy (4), as last amended by 10 000 tonnes of common wheat flour) to UNRWA Regulation (EEC) No 2543/73 (5), and in particular under its 1976/77 food-aid programme ; 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 Ashdod and Lattakia, that is at the moment when the goods are actually placed on the dock or in the lighter where HAS ADOPTED THIS REGULATION : applicable ;

Whereas tenders may be submitted by tenders 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 situation in the Member States and in order to ensure UNRWA, by way of Community food-aid action, of that the tenders are as comparable as possible, account 10 000 tonnes of common wheat flour . should be taken of the effect on each tender of the currency situation in the Member State in which the 2. The tendering procedure shall take place in Italy customs export formalities will be completed ; in two lots. The product shall be mobilized on the Whereas the award under the invitation to tender Community market. The product shall be loaded for departure from any Community port. must be made to the tenderer offering the 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 Ashdod complete the operation in question within the time (7 000 tonnes) and Lattakia (3 000 tonnes), that is at limits specified, it must be made clear who is to bear the liability for any costs ; 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 . (-') OJ No L 354, 24 . 12 . 1976 , p . 1 . O OJ No 106, 30 . 10 . 1962, p . 2553/62. (J ) OJ No L 281 , 1 . 11 . 1975 , p . 89 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

19 . 2. 77 No L 48 / 17 Official Journal of the European Communities

4. The successful tenderer shall deliver the product State in which the invitation to tender is issued specified in paragraph 1 in new jute sacks of a net during a period from the Wednesday of one week capacity of 50 kilograms. to the Tuesday of the following week being the period immediately preceding the closing date for Minimum weight of sacks shall be 600 grams. The submission of tenders . following shall be printed on the sacks :

'Wheat flour / Gift of the European Economic Article 4 Community to UNRWA / For Palestine refugees.' The contract shall be awarded to the tenderer offering To allow for the possibility of re-bagging, the the best terms, taking into consideration the adjust­ successful tenderer shall supply 2 % of new empty ment referred to in Article 3 (3). sacks, of the same quality as those containing the goods but with the printing followed by a capital However, if the tenders submitted do not appear to letter 'R'. reflect normal prices and costs, the intervention agency may cancel the invitation to tender. Article 2

Article 5 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken 1 . The tenderer shall give security in an amount of on 4 March 1977 . 10 units of account per tonne of goods. 2. The closing date for submission of tenders shall It shall be released : be 4 March 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 closing date for submission of tenders. operations concerned have been carried out within the prescribed time limit and on submission of Article 3 the original export licence, duly granted and endorsed by the competent authorities of the 1 . The prices offered must be expressed in the Member State mentioned in the tender pursuant currency of the Member State in which the invitation to Article 3 (2), to tender was issued . — in the case of the successful tenderer for quantities 2. Tenders must in particular mention the Member not supplied by reason of force majeure. 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 3 . For the purpose of rendering the tenders compar­ criteria laid down by each Member State. able the prices shall where appropriate, be corrected by the monetary compensatory amount and the acces­ Article 6 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 Member State mentioned in the tender pursuant to to be supplied to UNRWA must meet the following paragraph 2. requirements :

Such correction shall be made by : — moisture : 14 % maximum , — protein content : 10-5% minimum (N x 6-25 on — increasing prices which mention a Member State whose currency has depreciated or a new Member dry matter), State, — ash content : 0-62 % maximum referred to dry matter . — reducing prices which mention a Member State whose currency has been revalued . Flour not meeting these requirements shall be refused . The monetary compensatory amount shall , where appropriate, be converted into the currency of the Member State in which the invitation to tender is 2. Tenders for supply to UNRWA of the common wheat flour referred to in Article 1 must relate to a issued using : product with the following characteristics : — in the case when the currencies concerned are — moisture : 14% maximum , kept at any given moment within a band of 2-25 % , a conversion rate resulting from their — protein content : 10-5 % minimum (N x 6-25 on central rate, dry matter), — in other cases, the average of the spot rates of the — ash content : 0-62 % maximum referred to dry currencies concerned recorded in the Member matter .

No L 48/ 18 19 . 2 . 77 Official Journal of the European Communities

Article 7 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 tender provided for by this Regulation . (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products 2. It shall forthwith communicate to the Commis­ and the type of packing ; sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, (b) the date of the departure of the ships ; the esti­ together with the name and business name of the mated date of arrival of the products at their desti­ successful tenderer. nation ;

(c) all possible contingencies which might occur 3. Where the customs export formalities for the during transportation of the products. mobilized product are completed in a Member State other than that in which the invitation to tender is The information indicated above shall be forwarded issued, the intervention agency of the latter Member State shall be responsible for the operations following by the intervention agency to the Commission imme­ tendering, including payment to the successful ten­ diately upon receipt. derer. 5. When the intervention agency responsible for In such case, the intervention agency choosing the the operations relating to tendering is not the interven­ successful tenderer shall immediately inform the inter­ tion agency which appoints the successful tenderer, it vention agency of the Member State concerned and shall send as soon as possible to the latter the informa­ shall supply it with all the information which it may tion necessary for releasing the security. require.

Furthermore, the amount of the successful tender Article 8 shall be paid after it has been converted using the average of the spot rates referred to in Article 3 (3) to the tenderer in the currency of the Member State in This Regulation shall enter into force on the day of its which the operations relating to the tendering are publication in the Official Journal of the European Communities. completed .

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

Done at Brussels, 18 February 1977.

For the Commission

Finn GUNDELACH

Vice-President