31978R2740

No L 330/ 14 Official Journal of the European Communities 25 . 11 . 78

COMMISSION REGULATION (EEC) No 2740/78 of 24 November 1978 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 Refugees (UNRWA)

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ;

Having regard to the Treaty establishing the European Whereas the Dutch intervention agency should be Economic Community, made responsible for organizing the invitation to tender ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas the Commission must be informed quickly tion of the market in cereals (1), as last amended by of the tenders submitted in response to the invitation Regulation (EEC) No 1254/78 (2), and of those accepted by the intervention agency ;

Having regard to Council Regulation (EEC) No Whereas the Monetary Committee will be consulted ; 2750/75 of 29 October 1975 laying down the condi­ whereas, in view of the urgency, the measures envis­ tions for the mobilization of cereals as food aid (3), and aged should be adopted in accordance with the condi­ in particular Article 6 thereof, tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the Whereas on 30 January 1978 the Council of the Euro­ common agricultural policy (4), as last amended by pean Communities declared that it proposed, by way Regulation (EEC) No 2543/73 (5), and in particular of Community action, to grant the equivalent of 3 259 Article 3 thereof ; ^ tonnes of common wheat (in other words 2 450 tonnes of common wheat flour) to UNRWA under its Whereas the measures provided for in this Regulation 1977/78 food-aid programme ; are in accordance with the opinion of the Manage­ ment Committee for Cereals, Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

HAS ADOPTED THIS REGULATION : Whereas the proposed invitation to tender should be for supply of the products to the dock or in the lighter where applicable at the port of unloading ; Article 1

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 may relate to products mobilized anywhere within 2 450 tonnes of common wheat flour. those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 2. The tendering procedure shall take place in the should be taken of the effect on each tender of the Netherlands in one lot. The product shall be mobi­ currency situation in the Member State in which the lized on the Community market. The product shall be customs export formalities will be completed ; loaded for departure from a Community port.

Whereas the award under the invitation to tender 3. The invitation to tender provided for in para­ must be made to the tenderer offering the best terms ; graph 1 is for supply of products to the dock, or in the lighter where applicable, in the port of Ashdod. (») OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6. 1978, p. 1 . (4) 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 .

25. 11 . 78 Official Journal of the European Communities No L 330/ 15

— in the case when the currencies concerned are 4. The successful tenderer shall deliver the product specified in paragraph 1 in new jute sacks of a net kept at any given moment within a band of capacity of 50 kilograms (pre-slung). 2-25 % , a conversion rate resulting from their central rate, Minimum weight of the sacks shall be 600 grams. The — in other cases, the average of the spot rates of the following shall be printed on the sacks : currencies concerned recorded in the Member State in which the invitation to tender is issued "Wheat flour / Gift of the European Economic during a period from the Wednesday of one week Community to UNRWA / For free distribution to to the Tuesday of the following week being the Palestine refugees'. period immediately preceding the closing date for submission of tenders. To allow for the possibility of re-bagging, the successful tenderer shall apply 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 market prices and costs, the interven­ the invitation provided for in Article 1 shall be taken tion agency may cancel the invitation to tender. on 8 December 1978 .

2. The closing date for the submission of tenders Article 5 shall be 8 December 1978 at 12 noon. 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be 10 units of account per tonne of goods. published in the Official Journal of the European It shall be released : Communities not less than nine days before the closing date for the submission of tenders. — in the case of all tenderers whose tenders are unsuccessful or are not accepted, Article 3 — in the case of the successful tenderer, when the operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation the original export licence, duly granted and to tender was issued . endorsed by the competent authorities of the Member State mentioned in the tender pursuant 2. Tenders must in particular mention the Member to Article 3 (2), State in which the tenderer, in the event of his being — in the case of the successful tenderer, for quanti­ declared successful, expects to complete the customs ties not supplied by reason of force majeure. export formalities for the products concerned. 2. The security required under paragraph 1 may be 3. For the purpose of rendering the tenders compar­ provided in the form of a cash deposit or of a able, the prices shall, where appropriate, be corrected guarantee issued by a credit institution conforming to by the monetary compensatory amount applicable on criteria laid down by each Member State. the closing date for submission of tenders to exports from the Member State mentioned in the tender Article 6 pursuant to paragraph 2.

1 . The common wheat flour referred to in Article 1 Such correction shall be made by : to be supplied to UNRWA must meet the following — increasing prices which mention a Member State requirements : whose currency has depreciated or a new Member State, — moisture : 14 % maximum, — reducing prices which mention a Member State — protein content : 10-5 % minimum (N x 6-25 on dry matter), whose currency has been revalued. — ash content : 0-62 % maximum referred to dry The monetary compensatory amount shall, where matter. appropriate, be converted into the currency of the Member State in which the invitation to tender is Flour not meeting these requirements shall be refused. issued using :

No L 330/ 16 25 . 11 . 78 Official Journal of the European Communities

2. Tenders for supply to UNRWA of the common currency of the Member State in which the operations wheat flour referred to in Article 1 must relate to a relating to the tendering are 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 destination ; 1 . The Dutch intervention agency shall be respon­ (c) all possible contingencies which might occur sible for operations relating to the invitation to tender during transportation of the products. provided for by this Regulation. 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 the second publication in the Official Journal of the European subparagraph of Article 3 (3) to the tenderer in the Communities.

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

Done at Brussels, 24 November 1978 .

For the Commission

Finn GUNDELACH Vice-President