31979R1333

30 . 6 . 79 No L 162 / 97 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1333 / 79 of 29 June 1979 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 the award under the invitation to tender COMMUNITIES, must be made to the tenderer offering the best terms ;

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

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 organizing the invitation to tion of the market in cereals ('), as last amended by tender ; Regulation (EEC) No 1 254/78 (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 (J ), and in particular Article 6 thereof, Whereas Council Regulation ( EEC) No 652/79 of 29 March 1979 (4) laid down the coefficient for expressing amounts, fixed in units of account, in Having regard to the opinion of the Monetary ECU ; Committee, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas on 8 May 1979 the Council of the European ment Committee for Cereals , Communities declared that it proposed, by way of Community action , to grant the equivalent of 36 700 tonnes of common wheat (in other words 27 593 tonnes of common wheat flour) to UNRWA under its 1978 /79 food-aid programme ; HAS ADOPTED THIS REGULATION :

Whereas purusant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased Article 1 anywhere on the Community market ;

1 . Tenders are hereby invited for the supply to UNRWA, by way of Community food-aid action , of Whereas the proposed invitation to tender should be 27 593 tonnes of common wheat flour. for supply of the products to the dock or in the lighter where applicable at the port of unloading ; 2. The tendering procedure shall take place in Italy in three lots. The product shall be mobilized on the Whereas tenders may be submitted by tenderers esta­ Community market . The product shall be loaded for blished in any Member State of the Community and departure from a Community port . 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 3 . The invitation to tender provided for in para­ graph 1 is for supply of products to the dock or in the that the tenders are as comparable as possible, account should be taken of the effect on each tender of the lighter where applicable , in the port of : currency situation in the Member State in which the — Ashdod : 16 393 tonnes ; customs export formalities will be completed ; — Aqaba : 4 950 tonnes ; — Lattakia /Tartous : 6 250 tonnes . (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (*) OJ No L 156, 14. 6 . 1978 , p . 1 . P) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4 ) OJ No L 84, 4. 4 . 1979 , p. 1 .

No L 162 / 98 Official Journal of the European Communities 30 . 6 . 79

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 (pre-slung) for Ashdod : — in other cases, the average of the spot rates of the Minimum weight of the sacks shall be 600 grams. The currencies concerned recorded in the Member following shall be printed on the sacks : State in which the invitation to tender is issued 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 UNRWA / For free distribution to period immediately preceding the. closing date for Palestine refugees.' submission of tenders . To allow for the possibility of re-bagging, the successful tenderer shall apply 2 % of new empty Article 4 sacks, of the same quality as those containing the 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 13 July 1979 .

2 . The closing date for the submission of tenders Article 5 shall be 13 July 1979 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be 12 ECU per tonne of goods . published in the Official Journal of the European 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 unsuccessful or are not accepted, Article 3 — 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 which the tenderer, in the event of his being to Article 3 (2), declared successful , expects to complete the customs — in the case of the successful tenderer, for quanti­ export formalities for the products concerned . ties not supplied by reason of force majeure. 3 . For the purpose of rendering the tenders compar­ 2. The security required under paragraph 1 may be able , the prices shall , where appropriate, be corrected provided in the form of a cash deposit or of a by the monetary compensatroy amount applicable on the closing date for submission of tenders to exports guarantee issued by a credit institution conforming to from the Member State mentioned in the tender criteria laid down by each Member State . pursuant to paragraph 2.

Article6¶

— increasing prices which mention a Member State 1 . The common wheat flour referred to in Article 1 whose currency has depreciated or a new Member to be supplied to UNRWA must meet the following State , requirements : — reducing prices which 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 — ash content : 0-62 % maximum referred to dry Member State in which the invitation to tender is 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 .

30 . 6 . 79 No L 162 / 99 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) date date of the departure of the ships ; the Article 7 esimated date of arrival of the products at their destination ; 1 . The Italian 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 sion the list of firms which have responded to the invi­ immediately 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 3 . Where the customs export formalities for the tion agency which appoints the successful tenderer, it mobilized product are completed in a Member State shall send as soon as possible to the latter the informa­ 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, 29 June 1979 .

For the Commission

Finn GUNDELACH Vice-President