31977R2271

No L 262/ 22 15 . 10 . 77 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2271 /77

of 14 October 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 the award under the invitation to tender COMMUNITIES, must be made to the tenderer offering the best terms ;

Having regard to the Treaty establishing the European Whereas, should force majeure make it impossible to Economic Community, complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to Council Regulation (EEC) No the liability for any resulting costs ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( 1), as last amended by Whereas provision should be made for security to be Regulation (EEC) No 1386/77 (2), given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ Having regard to Council Regulation (EEC) No tion to tender for supplies to UNRWA will be 2750/75 of 29 October 1975 laying down the condi­ fulfilled ; tions for the mobilization of cereals as food aid (3 ), and in particular Article 6 thereof, Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ Whereas on 8 February 1977 the Council of the Euro­ tion ; pean Communities declared that it proposed, by way of Community action, to grant the equivalent of Whereas the Commission must be informed quickly 18 000 tonnes of common wheat (in other words of the tenders submitted in response to the invitation 13 534 tonnes of common wheat flour) to UNRWA and of those accepted by the intervention agency ; under its 1976/77 food-aid programme ;

Whereas the Monetary Committee will be consulted ; Whereas pursuant to Article 3 (3) of Council Regula­ whereas, in view of the urgency, the measures envis­ tion (EEC) No 2750/75 the goods may be purchased aged should be adopted in accordance with the condi­ anywhere on the Community market ; tions laid down in Article 3 (2) of Counil Regulation No 129 on the value of the unit of account and the Whereas the successful tenderer for Lot 1 (2 000 exchange rates to be applied for the purposes of the tonnes) appointed under Commission Regulation common agricultural policy (5), as last amended by (EEC) No 1861 /77 of 12 August 1977 opening an invi­ tation to tender for the mobilization of common Regulation (EEC) No 2543/73 (6), and in particular wheat flour as food aid for the United Nations Relief Article 3 thereof ;

and Works Agency for Palestine (UNRWA) (4), has Whereas the measures provided for in this Regulation not been able to carry out the execution of this aid ; are in accordance with the opinion of the Manage­ whereas it is necessary to open a new tender ; ment Committee for Cereals,

Whereas the proposed invitation to tender should be for supply of the products delivered Ashdod, that is at the moment when the goods are actually placed on HAS ADOPTED THIS REGULATION : the dock or in the lighter where applicable ;

Whereas tenders may be submitted by tenderers esta­ Article 1 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 those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure UNRWA, by way of Community food-aid action , of 2 000 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 France in one lot. The product shall be mobilized on customs export formalities will be completed ; the Community market. The product shall be loaded for departure from any Community port. (•) OJ No L 281 , 1 . 11 . 1975, p. 1 . {z) 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. (4) OJ No L 207, 13 . 8 . 1977, p. 34 . (o) OJ No L 263 , 19 . 9 . 1973, p . 1 .

15 . 10 . 77 Official Journal of the European Communities No L 262/23

3. The invitation to tender provided for in para­ Member State in which the invitation to tender is graph 1 is for supply of products delivered Ashdod, issued using : that is at the moment when the goods are actually — in the case when the currencies concerned are placed on the dock or in the lighter where applicable. kept at any given moment within a band of 4. The successful tenderer shall deliver the product 2-25 % , a conversion rate resulting from their central rate, specified in paragraph 1 in new jute sacks of a net capacity of 50 kilograms. —- in other cases, the average of the spot rates of the currencies concerned recorded in the Member Minimum weight of the sacks shall be 600 grams. The State in which the invitation to tender is issued following shall be printed on the sacks : during a period from the Wednesday of one week to the Tuesday of the following week being the 'Wheat flour / Gift of the European Economic Community / For free distribution to Palestine refu­ period immediately preceding the closing date for submission of tenders . gees'.

To allow for the possibility of re-bagging, the Article 4 successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the The contract shall be awarded to the tenderer offering goods but with the printing followed by a capital the best terms, taking into consideration the adjust­ letter ' R'. ment referred to in Article 3 (3).

However, if the tenders submitted do not appear to Article 2 reflect normal prices and costs, the intervention agency may cancel the invitation to tender. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken on 28 October 1977 . Article 5

2. The closing date for the submission of tenders 1 . The tenderer shall give security in an amount of shall be 28 October 1977 at 12 noon . 10 units of account per tonne of goods.

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

— moisture : 14 % maximum , — increasing prices which mention a Member State whose currency has depreciated or a new Member — protein content : 10-5 % minimum (N x 6-25 on State, dry matter),

— ash content : 0*62 % maximum referred to dn — reducing prices which mention a Member State matter . whose currency has been revalued .

The monetary compensatory amount shall , where Flour not meeting these requirements shall b appropriate, be converted into the currency of the refused .

No L 262/24 Official Journal of the European Communities 15 . 10 . 77

2. Tenders for supply to UNRWA of the common which the operations relating to the tendering are wheat flour referred to in Article 1 must relate to a completed. product with the following characteristics : 4. The intervention agency shall request the — moisture : 14 % maximum , successful tenderer to supply the following informa­ tion : — protein content : 10-5 % minimum (N x 6-25 on dry matter), (a) after each shipment, a statement giving details of — ash content : 0-62 % maximum referred to dry the quantities loaded, the quality of the products

matter . and the type of packing ;

(b) the date of the departure of the ships ; the esti­ Article 7 mated date of arrival of the products at their desti­ nation ; 1 . The French intervention agency shall be respon­ (c) all possible contingencies which might occur sible for organizing the invitation to tender provided for by this Regulation. during transportation of the products.

The information indicated above shall be forwarded 2 . It shall forthwith communicate to the Commis­ by the intervention agency to the Commission imme­ sion the list of firms which have responded to the invi­ diately upon receipt. tation to tender, specifying the terms of each tender, together with the name and business name of the 5. When the intervention agency responsible for successful tenderer. the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it 3 . Where the customs export formalities for the shall send as soon as possible to the latter the informa­ mobilized product are completed in a Member State other than that in which the invitation to tender is tion necessary for releasing the security.

issued, the intervention agency of the latter Member Article 8 State shall be responsible for the operations following tendering, including payment to the successful As regards this tender the intervention agency is auth­ tenderer . orized to make an initial payment of 80 % of the In such case, the intervention agency choosing the value of the quantity given in the bill of lading, on successful tenderer shall immediately inform the inter­ presentation of that document and subject to the vention agency of the Member State concerned and taking of a security for an amount equal to the initial

shall supply it with all the information which it may payment . require . Article 9 Furthermore, the amount of the successful tender shall be paid after it has been converted using the This Regulation shall enter into force on the day of its average of the spot rates referred to in Article 3 (3) to publication in the Official Journal of the European the tenderer in the currency of the Member State in Communities.

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

Done at Brussels, 14 October 1977 .

For the Commission

Finn GUNDELACH

Vice-President