31980R1826

12. 7. 80 No L 178/ 11 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1826/80 of 11 July 1980 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 should be taken of the effect on each tender of the COMMUNITIES, currency situation in the Member State in which the customs export formalities will be completed ; Having regard to the Treaty establishing the European Economic Community, Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas provision should be made for security to be tion of the market in cereals (*), as last amended by given to guarantee fulfilment of the obligations arising Regulation (EEC) No 1 547/79 (2), by virtue of participation in the invitation to tender ;

Having regard to Council Regulation (EEC) No Whereas the Belgian intervention agency should be 2750/75 of 29 October 1975 laying down the condi­ made responsible for organizing the invitation to tions for the mobilization of cereals as food aid (3), and tender ; in particular Article 6 thereof,

Whereas the Commission must be informed quickly Having regard to Council Regulation No 129 on the of the tenders submitted in response to the invitation value of the unit of account and the exchange rates to and of those accepted by the intervention agency ; be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Cereals, Having regard to the opinion of the Monetary Committee,

Whereas on 28 May 1980 the Council of the Euro­ pean Communities declared that it proposed, by way HAS ADOPTED THIS REGULATION : of Community action, to grant the equivalent of 18 220 tonnes of common wheat (in other words 1 3 700 tonnes of common wheat flour) to UNRWA under its 1 979/80 food-aid programme ; Article 1

Whereas pursuant to Article 3 (3) of Council Regula­ 1 . Tenders are hereby invited for the supply to tion (EEC) No 2750/75 the goods may be purchased UNRWA, by way of Community food-aid action, of anywhere on the Community market ; 1 3 700 tonnes of common wheat flour.

Whereas the proposed invitation to tender should be 2. The tendering procedure shall take place in for supply of the products on the quay or in the Belgium in four lots. The product shall be mobilized lighter where applicable at the port of unloading ; on the Community market. The product shall be loaded for departure from a Community port. Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 3. The invitation to tender provided for in para­ may relate to products mobilized anywhere within graph 1 is for supply of products on the quay or in those Member States ; whereas in view of the currency the lighter where applicable, in the port of : situation in the Member States and in order to ensure that the tenders are as comparable as possible, account — Aqaba : 3 700 tonnes (lot 1 ),

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . — Ashdod : 4 000 tonnes (lot 2), (J) OJ No L 188 , 26. 7 . 1979, p. 1 . (*) OJ No L 281 , 1 . 11 . 1975, p. 89 . — Lattakia/Tartous : 2 000 tonnes (lot 3), (4) OJ No 106, 30. 10 . 1962, p. 2553/62. (*) OJ No L 263, 19. 9 . 1973, p. 1 . — Ashdod : 4 000 tonnes (lot 4).

No L 178 / 12 Official Journal of the European Communities 12. 7 . 80

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 ( 1.10 — in other cases, the average of the spot rates of the x 1.10 x 1 m). Minimum weight of the sacks shall currencies concerned recorded in the Member be 600 grams. The following shall be printed on the State in which the invitation to tender is issued 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 period immediately preceding the closing date for Community to UNRWA / For free distribution to submission of tenders . Palestine refugees'.

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 letter *R\ 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 reflect normal market prices and costs, the interven­ 1 . The decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided for in Article 1 shall be taken on 25 July 1980. Article 5 2. The closing date for the submission of tenders shall be 25 July 1980 at 12 noon . 1 . The tenderer shall give security in an amount of 12 ECU per tonne of goods. 3 . The notice of invitation to tender shall be published in the Official Journal of the European It shall be released : Communities not less than nine days before the — in the case of all tenderers whose tenders are closing date for the submission of tenders. unsuccessful or are not accepted, — in the case of the successful tenderer, when the Article 3 operations concerned have been carried out within the prescribed time limit and on submission of 1 . The prices offered must be expressed in the the original export licence, duly granted and currency of the Member State in which the invitation endorsed by the competent authorities of the to tender was issued. Member State mentioned in the tender pursuant to Article 3 (2), 2. Tenders must in particular mention the Member 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. 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 UNRWA must meet the following whose currency has depreciated, requirements : — reducing prices which mention a Member State — moisture : 1 4-5 % maximum, whose currency has been revalued. — protein content : 1 0-5 % 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 currrencies concerned are Flour not meeting these requirements shall be refused . kept at any given moment within a band of

12. 7. 80 No L 178 / 13 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*5 % maximum, successful tenderer to supply the following informa­ — protein content : 10-5 % minimum (N x 6-25 on tion : 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 Belgian 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 ten­ As regards this tender, the intervention agency is auth­ derer. 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, 11 July 1980.

For the Commission

Finn GUNDELACH

Vice-President