31977R2735

10 . 12 . 77 Official Journal of the European Communities No L 316/23

COMMISSION REGULATION ( EEC) No 2735 /77 of 9 December 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations High Commission for Refugees

THE COMMISSION OF THE EUROPEAN limits specified, it must be made clear who is to bear COMMUNITIES, the liability for any resulting costs ;

Having regard to the Treaty establishing the European Whereas provision should be made for security to be Economic Community, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ;

Having regard to Council Regulation (EEC) No Whereas the French intervention agency should be 2727/75 of 29 October 1975 on the common organiza­ made responsible for the tendering procedure in ques­ tion of the market in cereals ('), as last amended by tion ; Regulation (EEC) No 1 386/77 (2),

Whereas the Commission must be informed quickly Having regard to Council Regulation (EEC) No of the tenders submitted in response to the invitation 2750/75 of 29 October 1975 laying down the condi­ and of those accepted by the intervention agency ; tions for the mobilization of cereals as food aid (3 ), and in particular Article 6 thereof, Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis­ Whereas on 3 March 1975 the Council of the Euro­ aged should be adopted in accordance with the condi­ pean Communities declared that it proposed, by way tions laid down in Article 3 (2) of Council Regulation of Community action , to grant the equivalent of 1 344 No 129 on the value of the unit of account and the tonnes of common wheat (in other words 890 tonnes exchange rates to be applied for the purposes of the of common wheat flour) to the United Nations High common agricultural policy (4), as last amended by Commission for Refugees under its 1974/75 food-aid Regulation ( EEC) No 2543/73 (5 ), and in particular programme ; Article 3 thereof ;

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

Whereas the proposed invitation to tender should be for supply of the products delivered Limassol, 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 the those Member States ; whereas, in view of the currency United Nations High Commission for Refugees by situation in the Member States and in order to ensure way of Community food-aid action , of 890 tonnes of that the tenders are as comparable as possible, account 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 customs export formalities will be completed ; France in one lot. The product shall be mobilized on the Community market. The product shall be loaded Whereas the award under the invitation to tender 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 Limassol, complete the operation in question within the time that is at 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 . (2) OJ No L 158 , 29 . 6. 1977, p. 1 . (") OJ No L 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 316/24 10 . 12 . 77 Official Journal of the European Communities

4. The successful tenderer shall deliver the product 2-25 % , a conversion rate resulting from their specified in paragraph 1 in new jute sacks of a net central rate, 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 'Wheat flour / Gift of the European Economic to the Tuesday of the following week being the Community to the people of Cyprus'. period immediately preceding the closing date for submission of tenders . To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the Article 4 goods but with the printing followed by a capital letter ' R '. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). Article 2

However, if the tenders submitted do not appear to 1 . The decision on tenders received in response to reflect normal prices and costs, the intervention the invitation provided for in Article 1 shall be taken on 23 December 1977 . agency may cancel the invitation to tender.

2. The closing date for the submission of tenders Article 5 shall be 23 December 1977 at 12 noon .

3 . The notice of invitation to tender shall be 1 . The tenderer shall give security in an amount of published in the Official Journal of the European 10 units of account per tonne of goods. Communities not less than nine days before the It shall be released : closing date for the submission of tenders . — in the case of all tenderers whose tenders are Article J unsuccessful or are not accepted , — in the case of the successful tenderer, when the 1 . The prices offered must be expressed in the operations concerned have been carried out within currency of the Member State in which the invitation the prescribed time limit and on submission of to tender was issued . the original export licence, duly granted and endorsed by the competent authorities of the 2 . Tenders must in particular mention the Member Member State mentioned in the tender pursuant State in which the tenderer, in the event of his being to Article 3 (2), declared successful, expects to complete the customs export formalities for the products concerned . — in the case of the successful tenderer, for quanti­ ties not supplied by reason of force majeure. 3 . For the purpose of rendering the tenders compar­ able, the prices shall , where appropriate, be corrected 2. The security required under paragraph 1 may be by the monetary compensatory amount and the acces­ provided in the form of a cash deposit or of a sion compensatory amount applicable on the closing guarantee issued by a credit institution conforming to date for submission of tenders to exports from the criteria laid down by each Member State . Member State mentioned in the tender pursuant to paragraph 2 . Article 6 Such correction shall be made by : 1 . The common wheat flour referred to in Article 1 — increasing prices which mention a Member State to be supplied to the United Nations High Commis­ whose currency has depreciated or a new Member sion for Refugees must meet the following require­ State , ments : — reducing prices whch mention a Member State — moisture : 14 % maximum , whose currency has been revalued . — protein content : 10-5 % minimum (N x 6-25 on The monetary compensatory amount shall , where dry matter), appropriate , be converted into the currency of the Member State in which the invitation to tender is — ash content : 0-62 % maximum referred to dry matter . issued using :

— in the case when the currencies concerned are Flour not meeting these requirements shall be kept at any given moment within a band of refused .

10 . 12 . 77 Official Journal of the European Communities No L 316/ 25

2. Tenders for supply to the United Nations High of the Member State in which the operations relating Commission for Refugees of the common wheat flour to the tendering are completed . referred to in Article 1 must relate to a product with 4 . The intervention agency shall request the the following characteristics : successful tenderer to supply the following informa­ — moisture : 14% maximum , tion : — protein content : 1 0-5 % minimum (N x 6-25 on (a) after each shipment, a statement giving details of dry matter), the quantities loaded, the quality of the products — ash content : 0-62 % maximum referred to dry and the type of packing ; matter . (b) the date of the departure of the ships ; the esti­ mated date of arrival of the products at their desti­ Article 7 nation ; 1 . The French intervention agency shall be respon­ (c) all possible contingencies which might occur sible for organizing the invitation to tender provided during transportation of the products . for by this Regulation . The intervention agency shall transmit the informa­ 2 . It shall forthwith communicate to the Commis­ tion provided for to the Commission as soon as it is sion the list of firms which have responded to the invi­ received . 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 customs export formalities for the mobi­ shall send as soon as possible to the latter the informa­ lized product are completed in a Member State other tion necessary for releasing the security. than that in which the invitation to tender is issued , the intervention agency of the latter Member State Article 8 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 value of the quantity given in the bill of lading, on In such case, the intervention agency choosing the presentation of that document and subject to the successful tenderer shall immediately inform the inter­ taking of a security for an amount equal to the initial vention agency of the Member State concerned and payment . shall supply it with all the information which it may require . Article 9 Furthermore the amount of the successful tender shall be paid after it has been converted using the average This Regulation shall enter into force on the day of its of the spot rates referred to in the second subpara­ publication in the Official Journal of the European graph of Article 3 (3) to the tenderer in the currency Communities.

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

Done at Brussels, 9 December 1977 .

For the Commission

Finn GUNDELACH

Vice-President