31977R1861

No L 207/34 Official Journal of the European Communities 13 . 8 . 77

COMMISSION REGULATION (EEC) No 1861 /77

of 12 August 1977

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

THE COMMISSION OF THE EUROPEAN Whereas, should force majeure make it impossible to COMMUNITIES, complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to the Treaty establishing the European the liability for any resulting costs ; Economic Community, Whereas provision should be made for security to be Having regard to Council Regulation (EEC) No given for the purpose of guaranteeing that the obliga­ 2727/75 of 29 October 1975 on the common organiza­ tions arising by virtue of participation in the invita­ tion of the market in cereals (1), as last amended by tion to tender for supplies to UNRWA will be Regulation (EEC) No 1386/77(2), fulfilled ;

Having regard to Council Regulation (EEC) No Whereas the French intervention agency should be 2750/75 of 29 October 1975 laying down the condi­ made responsible for the tendering procedure in ques­ tions for the mobilization of cereals as food aid (3), and tion ; in particular Article 6 thereof, Whereas the Commission must be informed quickly Whereas on 8 February 1977 the Council of the Euro­ of the tenders submitted in response to the invitation pean Communities declared that it proposed, by way and of those accepted by the intervention agency ; of Community action, to grant the equivalent of 1 8 000 tonnes of common wheat (in other words Whereas the Monetary Committee will be consulted ; 13 534 tonnes of common wheat flour) to UNRWA whereas, in view of the urgency, the measures envis­ under its 1976/77 food-aid programme ; aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation Whereas pursuant to Article 3 (3) of Council Regula­ No 129 on the value of the unit of account and the tion (EEC) No 2750/75 the goods may be purchased exchange rates to be applied for the purposes of the anywhere on the Community market ; common agricultural policy (5), as last amended by Whereas the invitation to tender opened in the Regulation (EEC) No 2543/73 (6), and in particular Community under1 Commission Regulation (EEC) No Article 3 thereof ; 1596/77 of 15 July 1977 opening an invitation to tender for the mobilization of common wheat flour as Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ aid for UNRWA (4) was not allocated ; whereas a new ment Committee for Cereals, invitation to tender should therefore be opened ;

Whereas the proposed invitation to tender should be for supply of the products delivered Ashdod and HAS ADOPTED THIS REGULATION : Aqaba, that is at the moment when the goods are actu­ ally placed on the dock or in the lighter where appli­ Article 1 cable ;

Whereas tenders may be submitted by tenderers esta­ 1 . Tenders are hereby invited for the supply to blished in any Member State of the Community and UNRWA, by way of Community food-aid action , of 13 534 tonnes of common wheat flour. 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 2. The tendering procedure shall take place in France in two lots. The product shall be mobilized on that the tenders are as comparable as possible, account the Community market. The product shall be loaded should be taken of the effect on each tender of the for departure from any Community port. currency situation in the Member State in which the customs export formalities will be completed ; 3 . The invitation to tender provided for in para­ Whereas the award under the invitation to tender graph 1 is for supply of products delivered Ashdod (2 000 tonnes) and Aqaba (1 1 534 tonnes), that is at must be made to the tenderer offering the best terms ; the moment when the goods are actually placed on the dock or in the lighter where applicable. 0 ) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 158 , 29 . 6. 1977, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No 106, 30 . 10 . 1962, p. 2553/62. (<) OJ No L 177, 16. 7. 1977, p. 18 . (*) OJ No L 263, 19 . 9 . 1973 , p. 1 .

13 . 8 . 77 Official Journal of the European Communities No L 207/35

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 the 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 / For free distribution to Palestine refu­ gees'. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ To allow for the possibility of re-bagging, the ment referred to in Article 3 (3). successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the However, if the tenders submitted do not appear to goods but with the printing followed by a capital reflect normal prices and costs, the intervention letter ' R'. 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 26 August 1977 . 10 units of account per tonne of goods.

2. The closing date for the submission of tenders It shall be released : shall be 26 August 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 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 dry matter), whose currency has depreciated or a new Member 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 The monetary compensatory amount shall, where refused . 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 : 1 0*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 207/ 36 Official Journal of the European Communities 13 . 8 . 77

Article 7 (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products 1 . The French intervention agency shall be respon­ and the type of packing ; sible for organizing the invitation to tender provided for by this Regulation . (b) the date of the departure of the ships ; the esti­ mated date of arrival of the products at their desti­ 2. It shall forthwith communicate to the Commis­ nation ; sion the list of firms which have responded to the invi­ (c) all possible contingencies which might occur tation to tender, specifying the terms of each tender, during transportation of the products. together with the name and business name of the successful tenderer. The information indicated above shall be forwarded by the intervention agency to the Commission imme­ 3. Where the customs export formalities for the diately upon receipt. mobilized product are completed in a Member State other than that in which the invitation to tender is 5. When the intervention agency responsible for issued, the intervention agency of the latter Member the operations relating to tendering is not the interven­ State shall be responsible for the operations following tion agency which appoints the successful tenderer, it tendering, including payment to the successful ten­ shpll send as soon as possible to the latter the informa­ derer . tion necessary for releasing the security.

In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 8 vention agency of the Member State concerned and shall supply it with all the information which it may As regards this tender the intervention agency is auth­ require. orized to make an initial payment of 80 % of the value of the quantity given in the bill of lading, on Furthermore, the amount of the successful tender presentation of that document and subject to the shall be paid after it has been converted using the taking of a security for an amount equal to the initial average of the spot rates referred to in Article 3 (3) to payment. the tenderer in the currency of the Member State in which the operations relating to the tendering are Article 9 completed .

4. The intervention agency shall request the This Regulation shall enter into force on the day of its successful tenderer to supply the following informa­ publication in the Official Journal of the European tion : Communities.

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

Done at Brussels, 12 August 1977.

For the Commission

Finn GUNDELACH

Vice-President