Official Journal of the European Communities

Volume 19 No C 17 24 January 1976

English Edition Information and Notices

Contents I Information

Commission

European unit of account 1

Communication from the Commission under Article 5 (5) of Council Decision 75/210/EEC of 27 March 1975 2

State aid — Italy (Articles 92 to 94 of the EEC Treaty) — Communication made, in accordance with the first sentence of Article 93 (2) of the Treaty, to interested parties other than the Member States on an aid measure: 1. Private storage aid to agricultural cooperatives and the tomato processing industry 2. A subsidy equivalent to 90 % of operating costs 2

Court of Justice

Case 118/75: Reference for a preliminary ruling made by order of the Pretura di Milano on 18 November 1975, in the penal proceedings against 1. Lynne Watson 2. Alessandro Belmann 3

Case 119/75: Reference for a preliminary ruling made by order of the Bundesge- richtshof of 31 October 1975 in the case of Firma Terrapin (Overseas) Limited v. Firma Terranova Industrie C. A. Kapferer & Co 4

Case 120/75: Reference for a preliminary ruling made by order of the Finanzgericht Hamburg of 31 October 1975 in the case of Firma Walter J. Riemer v. Hauptzoll- amt Liibeck-West 4

Case 121/75: Reference for a preliminary ruling made by order of the Oberlandes- gericht Koln of 28 October 1975 in the case of Firma ALRA-Schallplatten-Zentrale v. Firma ALPHA-Schallplatten-Trading GmbH & Co. KG 5

Case 122/75: Action brought on 16 December 1975 by Berthold Kiister against the European Parliament 5

Case 123/75: Action brought on 16 December 1975 by Berthold Kiister against the European Parliament 5

1 (Continued overleaf) Case 124/75: Action brought on 17 December 1975 by Letizia Perinciolo against the Council of the European Communities 6

Case 125/75: Reference for a preliminary ruling made by order of the Finanzgericht Hamburg of 13 November 1975 in the case of Firma Milch-, Fett- und Eier-Kontor GmbH v. Hauptzollamt Hamburg-Jonas 6

II Preparatory Acts

III Notices

Commission

Notice of invitation to tender for the sale of skimmed-milk powder for processing into compound feedingstuffs for pigs or poultry 8

Public works contracts (Council Directive 71/305/EEC of 26 July 1971 supplemented by Council Directive 72/277/EEC of 26 July 1972) 9

Open procedures 11

Restricted procedures 14

Additional information 24 24.1. 76 Official Journal of the European Communities No C 17/1

(Information)

COMMISSION

EUROPEAN UNIT OF ACCOUNT (')

23 January 1976

Currency amount for 1 EUA:

Belgian and Luxembourg franc: United States dollar 1-15516 — commercial market 45-4700 Swiss franc 3-00847 — financial market 46-3277 Spanish peseta 69-1059 German mark 3-01057 Swedish krona 5-05573 Dutch guilder 3-08877 Norwegian krone 6-42412 Pound sterling 0-571374 Canadian dollar 1-15589 Danish krone 7-12741 Portuguese escudo 31-5216 French franc 5-19778 Austrian schilling 21-2974 Italian lira 847-258 Finnish markka 4-43826 Irish pound 0-571231 Japanese yen 350-984

(*) — Article 2 (2) of Council Decision 75/250/EEC of 21 April 1975 on the definition and conversion of the European unit of account applied in the ACP-EEC Convention of Lom6. — Article 2 (2) of Commission Decision 3289/75/ECSC of 18 December 1975 on the definition and conversion of the European unit of account used for the purposes of the ECSC Treaty. No C 17/2 Official Journal of the European Communities 24. 1. 76

Communication from the Commission under Article 5 (5) of Council Decision 75/210/EEC of 27 March 1975

By virtue of Article 4 (4) of Council Decision 75/210/EEC of 27 March 1975 on unilateral import arrangements in respect of State-trading countries (1), the Commission has adopted the following change to the import arrangements applied in France with regard to the German Democratic Republic with effect from 9 January 1976: — Exceptional opening of an import quota of FF 127 million for the import of two container ships.

H OJ No L 99, 21. 4. 1975, p. 7.

STATE-AID — ITALY

(Articles 92 to 94 of the Treaty establishing the European Economic Community)

Communication made, in accordance with the first sentence of Article 93 (2) of the Treaty, to interested parties other than the Member States on an aid measure:

1. Private storage aid to agricultural cooperatives and the tomato processing industry

The aid amounts to:

(i) Lit 3 450 per quintal of peeled tinned tomatoes stored for a period of 12 months from 1 September 1975. This aid will apply to a maximum of 2 million quintals of tinned tomatoes in storage.

(ii) Lit 6 900 per quintal of tinned tomato concentrate stored for a period of 12 months from 1 September 1975. This aid will apply to a maximum of 300 000 quintals of tinned tomato concentrate in storage.

2. A subsidy equivalent to 90 % of operating costs

Granted to cooperatives and unions of cooperatives which harvest, preserve, process, store, etc., tomatoes.

These two aid measures will be granted pursuant to Decree Law No 365/75 subsequently promulgated as Law No 484/75 of 10 October 1975.

1. The Commission has initiated the procedure provided for in Article 93 (2) of the Treaty in respect of the aid measures referred to above.

2. Pursuant to Article 92 (2) (a) of the Treaty, the Commission gives notice to all interested parties other than the Member States to submit their comments to it with regard to the abovementioned aid, within four weeks from the date of this publication, at the following address: Commission of the European Communities Rue de la Loi 200 10-49 Brussels, Belgium. 24.1. 76 Official Journal of the European Communities No C 17/3

COURT OF JUSTICE

Reference for a preliminary ruling made by order of the Pretura di Milano on 18 November 1975, in the penal proceedings against 1. Lynne Watson 2. Alessandro Belmann

(Case 118/75)

A reference for a preliminary ruling has been made to the Court of Justice of the European Communities by order of the Pretura di Milano of 18 November 1975 in the penal proceedings against 1. Lynne Watson 2. Alessandro Belmann, lodged with the Registry of the Court on 1 December 1975, on the following questions:

(a) Does the prohibition of discrimination between nationals of the Member States of the Community and their freedom of movement, residence and establishment in the Member States of the Community constitute fundamental principles which the Court will enforce while protecting the rights conferred upon private parties thereunder?

(b) Do these fundamental principles include those which are common to the Member States, in particular those set out and protected under the European Convention for Human Rights, especially the right to privacy (Article 14 of the Convention) (*), the importance of which becomes clear when it is viewed in conjunction with freedom of movement, residence and establishment, and (do they also include) the obligation upon a foreign national or upon others on his behalf to report or make his presence, for whatever reason, on the territory of the State known to the competent authorities?

(d) Does the obligation imposed upon a foreigner under national law to report within three days of his entry into the territory of the State to one of its authorities in order to notify his presence (or rather, 'give an account of himself') and to make a declaration of residence, notwithstanding that the foreign national is in transit and remains, pending departure, on the territory of the State for not more than two months: (i) produce discrimination between nationals of Member States, especially if such obligation exists only in one or some of the States; (ii) constitute a direct or indirect restriction of or impediment to the residence (and possibly also to the movement), of nationals of Member States within the Community, whether in the capacity of 'self-employed persons' or 'employed persons', 'persons providing services' or 'persons for whom the services are intended'?

(*) Translator's Note: Article 8 appears to be intended: '1. Everyone has the right to respect for his private and family life, his home and his corres- pondence'. No C 17/4 Official Journal of the European Communities 24.1. 76

(e) Does the obligation, laid down by a national law, imposing on anyone who provides board and lodging, on whatever basis, to a foreign national, including his own kith and kin (meaning a national of one Member State on the one hand, and a national of another Member State on the other) or for any reason whatever takes him into his own employment, the duty to inform the competent local authorities of the main facts within 24 hours specifying, in case of employment, the work alotted to him, give rise to discrimination and constitute a restriction etc., of the kind described under (d), (i) and (ii) above and on the basis of the criteria for determination and interpretation therein described?

Reference for a preliminary ruling made by order of the Bundesgerichtshof of 31 October 1975 in the case of Firma Terrapin (Overseas) Limited v. Firma Terranova Industrie C. A. Kapferer 8c Co.

(Case 119/75)

The Court of Justice of the European Communities has received a reference for a preliminary ruling by order of the First Civil Senate of the Bundesgerichtshof of 31 October 1975 in the proceedings between Firma Terrapin (Overseas) Limited, Bletchley, Buckinghamshire, Milton Keynes MK1 1JJ (Great Britain) and Firma Terranova Industrie C. A. Kapferer & Co., Freihung, Ober-Pfalz, which was lodged at the Court Registry on 5 December 1975 on the following question:

Is it compatible with the provisions relating to the free movement of goods (Articles 30 and 36 of the EEC Treaty) that an undertaking established in Member State A, by using its commercial name and trade-mark rights existing there, should prevent the import of similar goods of an undertaking established in Member State B if these goods have been lawfully given a distinguishing name which may be confused with the commercial name and trade-mark which are protected in State A for the undertaking established there, if there are no relations between the two undertakings, if their national trade-mark rights arose autonomously and independently of one another (no common origin) and at the present time there exists no economic or legal relations of any kind other than those appertaining to trade-marks between the undertakings?

Reference for a preliminary ruling made by order of the Finanzgericht Hamburg of 31 October 1975 in the case of Firma Walter J. Riemer v. Hauptzollamt Liibeck-West

(Case 120/75)

The Court of Justice of the European Communities has received a reference for a preliminary ruling by order of the Fifth Senate of the Finanzgericht (Finance Court) Hamburg of 31 October 1975 in the proceedings between Firma Walter J. Riemer, Hamburg, and Hauptzollamt (Principal Customs Office) Lubeck-West, which was lodged at the Court Registry on 5 December 1975 on the following question:

May cranberries which have merely been frozen for a short time for the purpose of transportation and which are transported without refrigeration and have already started to thaw or have thawed out again be classified as fresh berries within the meaning of Common Customs Tariff subheading 08.08 B (OJ No L 295, 1. 11. 1974, p. 44)? 24.1.76 Official Journal of the European Communities No C 17/5

Reference for a preliminary ruling made by order of the Oberlandesgericht Koln of 28 October 1975 in the case of Firma ALRA-Schallplatten-Zentrale v. Firma ALPHA-Schallplatten-Trading GmbH & Co. KG

(Case 121/75)

The Court of Justice of the European Communities has received a reference for a preliminary ruling by order of the Fourth Civil Senate of the Oberlandesgericht Koln (Cologne Higher Regional Court) of 28 October 1975, in the proceedings between Firma ALRA-Schallplatten-Zentrale, Herzogenrath, and Firma ALPHA-Schall- platten-Trading GmbH & Co. KG, Erding, which was lodged at the Court Registry on 5 December 1975 on the following question:

Are the provisions of Community law (Articles 36, 85 and 86 of the EEC Treaty) infringed when the exclusive right to distribute protected products (paragraphs 75, 78 and 85 of the Urheberrechtsgesetz (Copyright Law) ) which is vested in a manufacturer of sound recordings under internal (German) law can be used to prevent the distribution within one State of the Community of products which have been manufactured in another State and are subject to no restrictions on distribution under the internal law of that State (in this case Italy)? Does the exercise of the national protective right in question infringe the principle of the 'free movement of goods'?

Action brought on 16 December 1975 by Berthold Kiister against the European Parliament

(Case 122/75)

An action against the European Parliament was brought before the Court of Justice of the European Communities on 16 December 1975 by Berthold Kiister, residing in Bertrange (Luxembourg), represented by Victor Biel, Avocat-Avoue, with an address for service in Luxembourg at the Chambers of the said Victor Biel. The applicant claims that the Court should: — rule that this application is admissible as to form and that it has been made within the prescribed period, — declare the decision rejecting the applicant's complaint through official channels, of 21 October 1975, to be null and void, — annul the periodic report for 1973/74 and rule that it must be withdrawn from the applicant's personal file, — order the Parliament to pay the applicant one franc by way of damages, — order the Parliament to pay the costs.

Action brought on 16 December 1975 by Berthold Kiister against the European Parliament

(Case 123/75)

The applicant claims that the Court should: — rule that this application is admissible as to form and that it has been made within the prescribed period, — as a preliminary: order the defendant to lodge with the Registry of the Court the minutes of the Selection Board and the two files on X and Ktister, — if not, then as from now: rule that the decision of the President of the European Parliament of 29 April 1975 appointing Mr X Head of Division is vitiated on the grounds of misuse of power and illegality, — in consequence rule that this decision is null and void and therefore annul it, — order the European Parliament to bear the costs of the action, all other rights, entitlements and actions being reserved.

Action brought on 17 December 1975 by Letizia Perinciolo against the Council of the European Communities

(Case 124/75)

An action against the Council of the European Communities was brought before the Court of Justice of the European Communities on 17 December 1975 by Letizia Perinciolo, residing at Etterbeek, Brussels, assisted and represented by Thierry Vanderlinden, with an address for service in Luxembourg at the Chambers of Andre Elvinger, 84 Grand Rue. The applicant claims that the Court should: 1. Declare null and void the decision of 17 October 1972 by which the Authority decided to initiate disciplinary proceedings against the applicant; 2. Declare the whole of the disciplinary proceedings void for defects of form and declare the opinion of the Disciplinary Board of 4 July 1973 void and of no effect; 3. Declare the medical report of 21 November 1974 concerning the state of health of the applicant to be void and of no sufficient scientific value; 4. Declare the hearing of the applicant on 29 January 1975 by the Secretary-General to be of no effect owing to violation of the rights of the defence; 5. As a result, declare the decision of 24 February 1975 (No 146/75) removing the applicant from her post to be void and of no effect and rule that the applicant shall be re-established as from 1 March 1975 with all her rights as an official in Grade C 3 in the General Secretariat of the Council; 6. Order the opposite party to pay the costs.

Reference for a preliminary ruling made by order of the Finanzgericht Hamburg of 13 November 1975 in the case of Firma Milch-, Fett- und Eier-Kontor GmbH v. Hauptzollamt Hamburg-Jonas

(Case 125/75)

The Court of Justice of the European Communities has received a reference /or a preliminary ruling by order of the Fourth Senate of the Finanzgericht (Finance Court) Hamburg of 13 November 1975, in the proceedings between Firma Milch-, Fett- und 24.1. 76 Official Journal of the European Communities No C 17/7

Eier-Kontor GmbH, Hamburg, and Hauptzollamt (Principal Customs Office) Hamburg-Jonas, which was lodged at the Court Registry on 17 December 1975 on the following questions: 1. Must Article 4 (1) of Regulation No 1041/67/EEC (*) in the version in force in 1971, whereby in certain cases, inter alia by reason of the nature of the exported products or of export markets, Member States may require proof not only that the product has left the geographical territory of the Community, but also that the product in question has been imported into a third country, be interpreted to the effect that the destination of the products as mentioned in Article 4 of Regulation (EEC) No 876/68 (2) in respect of which an export refund has been varied may also be regarded as a third country?

2. If the answer to the first question is in the affirmative: Does the requirement laid down in Article 4 (1) of Regulation No 1041/67/EEC 'that the product in question has been imported into a third country' mean that that product must have been released into free circulation in accordance with the customs regulations or is it sufficient for the goods, which have been shipped, to be unloaded in a port at a destination outside Europe and after storage and trans-shipment to be transported to a third country within Europe?

3. If the answer to the first question is in the negative: Must the first subparagraph of Article 6 (2) of Regulation (EEC) No 876/68, whereby, where Article 4 applies, the refund shall be paid under the conditions laid down in paragraph (1), 'provided it is proved that the product has reached the destination for which the refund was fixed', be interpreted to the effect that the goods must have been released into free circulation there in accordance with the customs regulations or is it sufficient for the goods, which have been shipped, to be unloaded in a port at a destination outside Europe and after storage and trans-shipment to be transported to a third country in Europe?

4. If the answer to the second or third question is in the affirmative: Are the requirements that the product shall have been imported into a third country (Article 4 (1) of Regulation No 1041/67/EEC) and that the goods shall have reached their destination (Article 6 (3) of Regulation (EEC) No 876/68) also fulfilled if the goods were, by virtue of the relevant contracts of sale, already destined ultimately, before completion of the customs export formalities within the meaning of Article 1 (2) of Regulation No 1041/67/EEC, not for the destination outside Europe laid down in Article 6 (2) of Regulation (EEC) No 876/68 but for another third country in Europe with a lower refund rate and were in fact transported thence in accordance with the detour via the third country outside Europe which was stipulated by the export licence?

5. Is it of importance with regard to the interpretation of Article 4 (1) of Regulation No 1401/67/EEC and of Article 6 (2) of Regulation (EEC) No 876/68 which were referred to in the second, third and fourth questions: (a) whether the applicant exporter was aware at the relevant date that the goods would ultimately be shipped to the third country in Europe; or (b) whether one of the purchasers and sellers of the goods who were parties to the contracts of sale and purchase was resident at the destination outside Europe or in the country of such destination or had a branch there?

I1) Commission Regulation No 1041/67/EEC of 21 December 1967 on detailed rules for the application of export refunds on products subject to a single price system (OJ No 314, 23. 12. 1967, p. 9). (2) Council Regulation (EEC) No 876/68 of 28 June 1968 laying down general rules for granting export refunds on milk and milk products and criteria for fixing the amount of such refunds (OJ No L 155, 3. 7. 1968, p. 1). No C 17/8 Official Journal of the European Communities 24.1. 76

III

(Notices)

COMMISSION

Notice of invitation to tender for the sale of skimmed-milk powder for processing into compound feedingstuffs for pigs or poultry

1. Pursuant to the provisions of Commission Regulation (EEC) No 135/76 of 22 January 1976 opening a second invitation to tender and amending Regulation (EEC) No 3354/75 on the sale of skimmed-milk powder for processing into compound feedingstuffs for pigs or poultry (1), a second sale of skimmed-milk powder is set up by the intervention agencies.

2. The provisions specified in the preceding invitation to tender (2) shall apply with the following amendments: (1) point 1: (a) as regards the time limit for the processing: the time limit shall be 31 March 1976; (b) as regards the list of the storage depots and the quantities put up for sale: the interested parties shall contact the intervention agencies in order to be acquainted with the quantities available.

(2) point 6: the time limit for the submission of tenders shall be at 12 noon on 6 February 1976.

(!) OJ No L 14, 23. 1. 1976, p. 19. 2 ( ) OJ No C 299, 31. 12. 1975. D. 8. 24.1. 76 Official Journal of the European Communities No C 17/9

PUBLIC WORKS CONTRACTS

(Publication of notices of public works contracts and licences in conformity with Council Directive 71/305/EEC of 26 July 1971 supplemented by Council Directive 72/277/EEC of 26 July 1972)

MODEL NOTICES OF CONTRACTS

A. Open procedures

1. Name and address of the authority awarding the contract (Article 16e)(1):

2. The award procedure chosen (Article 16b):

3. a) The site (Article 16c):

b) The nature and extent of the services to be provided and the general nature of the work (Article 16c): c) If the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several, or for all of the lots (Article 16c): d) Information relating to the purpose of the contract if the contract entails the drawing up of projects (Article 16c):

4. Any time limit for the completion of the works (Article 16d):

5. a) Name and address of the service from which the contract documents and additional documents may be requested (Article 16f): b) The final date for making such request (Article 16f): c) Where applicable, the amount and terms of payment of any sum payable for such documents (Article 16 f):

6. a) The final date for receipt of tenders (Article 16g):

b) The address to which they must be sent (Article 16g): c) The language or languages in which they must be drawn up (Article 16g):

7. a) The persons authorized to be present at the opening of tenders (Article 16h): b) The date, time and place of this opening (Article 16h):

8. Any deposits and guarantees required (Article 16i):

9. The main procedure for financing and payment and/or references to the instruments regulating these (Article 16j):

10. Where applicable, the specific legal form which must be assumed by the group of contractors to whom the contract is awarded (Article 16k):

11. The minimum economic and technical standards required of the contractors (Article 161):

12. Period during which the tenderer is bound to keep open his tender (Article 16m):

13. Criteria for the award of the contract. Criteria other than that of the lowest price shall be mentioned if they do not appear in the contract documents (Article 29):

14. Other information:

15. The date of dispatch of the notice (Article 16a):

(') The Articles in brackets refer to Council Directive 71/305/EEC of 26 July 1971 (OJ No L 185, 16. 8. 1971, p. 5). No C 17/10 Official Journal of the European Communities 24.1. 76

B. Restricted procedures

1. Name and address of the authority awarding the contract (Article 17a) (*):

2. The award procedure chosen (Article 17a):

3. a) The site (Article 17a): b) The nature and extent of the sevices to be provided and the general nature of the work (Article 17a): c) If the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots (Article 17a): d) Information relating to the purpose of the contract if the contract entails the drawing up of projects (Article 17a):

4. Any time limit for the completion of the works (Article 17a):

5. Where applicable, the specific legal form which must be assumed by the group of contractors to whom the contract is awarded (Article 17a):

6. a) The final date for the receipt of requests to participate (Article 17b): b) The address to which they must be sent (Article 17 b): c) The language or languages in which they must be drawn up (Article 17b):

7. The final date for the dispatch of invitations to tender (Article 17c):

8. Information concerning the contractor's personal position, and the minimum economic and technical standards required of him (Article 17d):

9. The criteria for the award of the contract if these are not stated in the invitation to tender (Article 18d):

10. Other information:

11. The date of dispatch of the notice (Article 17a):

f1) The Articles in Brackets refer to Council Directive 71/305/EEC of 26 July 1971 (OJ No L 185, 16. 8. 1971, p. 5). 24.1.76 Official Journal of the European Communities No C 17/11

Open procedure

1. Strafienbauamt Wolfenbuttel, 3340 Wolfenbuttel, b) As in 1. Harztorwall 24 b, Federal Republic of Germany. c) German.

2. Public invitation to tender pursuant to the regulations 7. a) Tenderers and their authorized representatives. governing construction work contracts, Part A (VOB/A). German law and the regulations governing construction b) 10 a.m. on 23 April 1976 at the Strafienbauamt work contracts, Part B (VOB/B) shall apply. The place of Wolfenbuttel, StraCenmeisterei Wolfenbuttel, 334 jurisdiction in the event of disputes (including those Wolfenbuttel, Neindorfer Strafle 11. concerning guarantees) is Hanover. 8. A guarantee amounting to 5 % of the value of the contract. 3. a) The Kreise of Brunswick and Wolfenbuttel in the Only guarantees from a credit insurer or credit institution localities of Stdckheim and Wolfenbuttel. approved in the Federal Republic of Germany will be accepted. b) Improvements to section III a Of the B 4 road. Earthworks and surfacing (approximate quantities): 9. Interim and final payments in accordance with the 50 000 m3 topsoil removal; regulations governing construction work contracts, Part B 50 000 m3 earth removal; (VOB/B). 100 000 m3 additional material to be supplied by the contractor; 10. 40 000 m3 frost blanket; 11. Within a week of receiving a request to do so, tenderers 200 m pipe culverts; should supply evidence of: 2 20 000 m mineral mixture; turnover on construction projects and other projects 60 000 m2 bituminous base course; comparable with the work being put out to tender including 2 work done in a consortium or with other group bidders; 85 000 m asphalt binder; 85 000 m2 bitumen concrete. similar projects completed in the past three full financial years; c) Unum quid contract. average manpower per year in the past three full financial years divided into categories of skills and trades; technical equipment available to the tenderer for completion of the work put out to tender; 4. 31 October 1978. inscription in the trade register at the locality of the tenderer's registered office or residence. 5. a) As in 1. 12. From the date on which the tenders are opened up to and b) 28 February 1976. including 15 July 1976. c) DM 100. This amount is payable to account No 2150-306 held by the Regierungshauptkasse 13. In accordance with § 25 of VOB/A, the contract will be Braunschweig with the Postscheckamt Hannover, awarded to the tender which appears the most acceptable quoting 'Ausschreibung Ortsumgehung Wolfenbuttel when all technical and economic aspects are taken into im Zuge der BundesstraCe 4, Abschnitt III a', in favour of account. 'Bundes Epl. 08, Kap. 0820, Titel 23169'. The paying-in slip should accompany the request for the tender 14. There will be no site inspection. The tender documents may documents. This amount will not be refunded under any be inspected at the address given in 1 up to the date on circumstances. which the tenders are opened.

6. a) 23 April 1976. 15. 16 January 1976.

(70/62) No C 17/12 Official Journal of the European Communities 24. 1.76

Open procedure

1. Wasser- und Schiffahrtsverwaltung des Bundes, 8. A bank guarantee amounting to 5 % of the value of the Neubauabteilung fur den unteren Main, Obernauer Strafie contract after award. Only guarantees from a credit (Bauhof), 8750 Aschaffenburg, Federal Republic of institution or credit insurer approved in the Federal Germany. Tel. 06021/270 80. Republic of Germany will be accepted. The tenderer should state all subcontractors and suppliers. All these, as well as 2. Public invitation to tender pursuant to the regulations the tenderer, must at a later stage furnish the following governing construction work contracts, Part A (VOB/A). evidence: turnover in the last three full financial years on construction 3. a) River Main Federal waterway at km 53'0 in the vicinity of projects and other projects comparable with the work being Miihlheim and Hanau. put out to tender including work done in a consortium or with group bidders; b) Construction of a sheet-piled lock (300 m x 12 m) with comparable projects completed listed according to locality, reinforced concrete entrances plus ready-for-use scale and completion time; construction of 350 m of mooring jetty at each end (no steel hydraulics work involved) and adaptation of the average manpower per year in the past three full financial existing Kesselstadt lock. years divided, if necessary, into categories of skills and trades; c) Lot E 1 and E 2: technical equipment available to the tenderer for 200 000 m3 excavation above and below water; completion of the work put out to tender; 30 000 m3 reinforced concreting; inscription in the trade register at the locality of the 30 000 m2 sheet pile walls with stay piles (partly tenderer's registered office or residence. Muller-Volker piles); 25 000 m3 riprap for bottom and bank stabilization. 9. Interim and final payments in accordance with the Approximate overall quantities. regulations governing construction work contracts, Part B (VOB/B). Tenders must be for all lots.

d) Construction drawings with all stress analysis and other 10. Consortia are permitted. calculations.

4. May 1976 to the end of 1979. 11. As in 8.

5. a) As in 1. 12. 14 May 1976. b) 6 February 1976. 13. In accordance with § 25 of VOB/A, the contract will be c) DM 350. The paying-in slip should accompany the awarded to the tender which appears the most acceptable request for the tender documents. This fee will not be when all technical and economic aspects are taken into refunded. account. Further award criteria are contained in the invitation to tender. 6. a) 30 March 1976. b) As in 1, Zimmer 104. 14. Site inspection at 10 a.m. on 13 February 1976 starting at the old Kesselstadt lock which can be reached via Hanau and c) German. the B 8/40 Federal road (Philippsruher Allee/Kesselstadter Landstrafie). 7. a) Tenderers and their authorized representatives, b) As in 1, room 104 at 3 p.m. on 30 March 1976. 15. 16 January 1976.

(74/65) 24. 1.76 Official Journal of the European Communities No C 17/13

Restricted procedure

1. Vejdirektoratet, 23 Havnegade, Postbox 2169, 1016 6. a) 2 p.m. on Thursday, 24 February 1976. Copenhagen K, Denmark. b) Tenders marked 'Hilleredmotorvejen, Allerad- 2. Public invitation to tender pursuant to Law No 216 of 8 Favholm, entreprise nr 7', address as in 1. June 1966 relating to tenders, etc. c) Danish.

3. a) Zealand, Hillered motorway between Allered and Hillerad. 7. a) Tenderers are entitled to be present at the opening of tenders. b) Contract No 7. Earthworks, drainage work and foundation work on an approximately 3'8 km stretch of b) 2 p.m. on Thursday, 24 February 1976, address as in 1, motorway. The first (approximately) 400 m of motorway office No 332 — Meeting Room. will consist of four lanes but the remaining stretch will be constructed as broad two-lane highway. The contract includes also the construction of 8. Before commencing the work, the contractor will be approximately 1*7 km of intersecting roads and required to enter into a performance bond representing realigned roads and two reinforced concrete tunnels. 10 % of the contract price (excluding VAT). The contract includes the following approximate main quantities: 9. Monthly progress payments for the work already 250 000 m3 earthworks; completed. 10 % of these payments will be retained until 3 the amount retained has reached 5 % of the total contract 10 000 m soft ground work; price. 18 000 m drainage work; 3 50 000 m foundation work; 10. 7 000 m2 surfacing work for intersecting and realigned roads; 3 11. On request and within one week of receiving such a request, 600 m concrete; the tenderer must furnish proof of his financial and 40 metric tons mild reinforcing steel. technical resources by giving the following information: c) a statement from his bankers showing his financial standing; d) a statement of the firm's turnover on projects carried out during the past three full financial years; 4. 15 March 1976 to 1 September 1977. The work is to be a list of the projects carried out by the firm over the past five carried out in a fixed time and at a fixed price in accordance years, stating the value of these projects, the time and place with Ministry of Housing circular No 2978 of 2 July 1975. of execution and the names of the principals.

5. a) Vejdirektoratet, Motorvejskontoret i Birkered, 38 Datavej, 3460 Birkerad, Tel. (02) 81 50 22. 12. The tenderer is to abide by his offer until 6 April 1976. b) 3 February 1976. 13. See 2. c) Deposit against return of tender documents: Dkr 1 000. The tenderer must also furnish proof that he has sufficient The deposit is to be paid by crossed cheque made out to experience to carry out the present project. Vejdirektoratet, Motorvejskontoret i Birkerad. The tender documents are to be returned as soon as 14. possible and not later than eight days after the contractor has been informed that the contract has been awarded, after which the deposit will be refunded. 15. 16 January 1976.

(82/73) No C 17/14 Official Journal of the European Communities 24. 1.76

Restricted procedure

1. Director Property Services Agency, Department of the 7. Approximately 7 March 1976. Environment, Ashdown House, Sedlescombe Road North, Hastings, Sussex, England, United Kingdom. 8. Proof of inscription of the company on a professional 2. Lowest acceptable offer in competition among selected register or the companies' register in the United Kingdom tenderers. or Ireland. Balance sheets for the past three years including a statement 3. a) See 1. of turnover on construction works. A statement of the technical qualifications of the •b) The erection and completion of a steel-framed, managerial and supervisory staff who would be responsible concrete-panelled, single-storey extension to existing for executing the work, and any previous experience of UK computer accommodation, to house new computer construction practice. equipment and associated air-conditioning plant, also minor alterations to existing single-storey building and A list of jobs over 1 million units of account carried out the provision of a new stationery store. The approximate during the past five years, the value and site of each job and size of the new computer suite is to be 37 m x 55 m. the authority for whom executed. Details of plant and machinery available for executing the c) Nominated subcontractors will be recommended by the work. authority for air conditioning, mechanical services and electrical services. The authority will provide Whether the contractor proposes to use his own labour fire-fighting equipment. force or rely on locally recruited labour. The estimated cost of the whole works is between £600 000 and £1 000 000. 9. d)

4. 18 months from date of possession of the site. 10. Tenders and all supporting documents must be priced in sterling. The contract will be based on the general conditions of government contracts for building and civil 5. In the event of a group of contractors submitting an engineering works, technical specifications, drawings and acceptable offer it will be necessary for each member of the bills of quantity. Price fluctuations on labour rates and group to sign an undertaking that each company or firm in materials will be permitted. the group will be jointly and severally responsible for the contract. Progress payments will be made monthly or fortnightly on the basis of a valuation of certified work done and materials delivered to site. Payments under the contract will be made 6. a) 20 February 1976. in sterling. b) See 1. c) English. 11. 16 January 1976.

(69/61) 24.1.76 Official Journal of the European Communities No C 17/15

Restricted procedure

1. The Department of the Environment, South Eastern Road 7. Approximately mid-March 1976 subject to the completion Construction Unit, Federated House, London Road, of statutory processes. Dorking, Surrey RH4 1SZ, England, United Kingdom. 8. The following minimum evidence shall be required of new 2. Lowest acceptable offer in competition among selected candidate companies: tenderers; special award criteria as applied to alternative proof of inscription of the company on a professional offers received from selected tenderers. register or the companies' register in the United Kingdom or Ireland; 3. a) East of the A22 at Godstone, Surrey to the County balance sheets/accounts for the past three years including a boundary. statement of turnover on construction work and proportion of turnover on civil engineering work; b) The construction of 8 km of dual three-lane motorway a statement of the technical qualifications of the managerial in either flexible or rigid pavement including and supervisory staff who would be responsible for approximately 1 km of motorway slip roads and 3 km of executing the work and any previous experience of UK single carriageway diversions of six existing roads which construction practice; will pass over or under the the motorway. There will be 13 structures, the largest a motorway bridge over British a list of jobs over 1 million units of account carried out ! Rail's London to East Grinstead lines. during the past five years, the value and site of each job, anc the authority for whom executed; The work includes substantial earthworks where the soil is almost wholly Gault clay. About 1 200 000 m3 of soil details of plant and machinery available for executing the has to be excavated of which nearly 1 million will be work; placed in embankments. Extensive stabilization whether the contractor proposes to use his own labour force drainage will be associated with the earthworks; the or to rely on locally recruited labour. estimated cost of the works is £14 million. Companies from Belgium and Italy already entered on their c) own respective nationally approved lists need only submit a 'certificate of inscription' in lieu of evidence in support of d) the first, second and fourth subparagraphs above.

4. 30 or 36 months from the date of commencement of the 9. Details of the award criteria will be shown in the tender works as notified by the engineer to the contractor. invitation.

5. In the event of a group of contractors submitting an 10. The contract will be based on the Institution of Civil acceptable offer it will be necessary for each member of the Engineers conditions of contract for use in connection with group to sign an undertaking that each company or firm in works of civil enginnering construction (fifth edition) as the group will be jointly and severally responsible for the modified by the Department of the Environment for use in due performance of the contract. highway works contracts, the specification for road and bridge works, drawings and bill of quantities. Price fluctuations on labour and materials will be permitted. 6. a) 11 February 1976. Interim payments will be made monthly on the basis of the valuation of work executed and materials delivered to the b) The Department of the Environment, CON (H) 4, Room site. S3/02, 2 Marsham Street, London SW1P 3EB, England.

c) English. 11. 14 January 1976.

(71/63) No C 17/16 Official Journal of the European Communities 24.1.76

Restricted procedure

1. Coventry Metropolitan District Council, Agent: Harry 6. a) 9 February 1976. Noble, City Architect and Planning Officer, Department of Architecture and Planning, Ead Street, Coventry, England, b) See 1, quoting 'ESS/RB/6146/1.2'. United Kingdom. c) English.

2. Special award criteria as applied to offers received from 7. 27 February 1976. selected contractors. 8. Contractors applying to be considered shall supply a 3. a) Sloping site with restricted access, close to city centre. banker's statement concerning their financial and Site Area is 11*3 acres (4-573 hectares), Coventry, economic standing in relation to the commitment which England. would be involved, if their tender were to be accepted, a list b) Construction of Barrs Hill School and Community of works carried out over the past five years including the College Phase I. Extensions to existing school premises major contracts at present in progress, accompanied by to provide facilities for science, craft, environmental certificates of satisfactory execution where applicable, of the studies, sports hall, theatre and administration wing, a most important works and preferably illustrated by total of 2 600 m2. Existing school must remain in use drawings or photographs. during the contract c) 9. Price and period of completion.

d) 10. The form of contract will be the Joint Contracts Tribunal standard form of building contract for use with approximate 4. Not more than 16 months from the date of possession of the quantities, local authorities edition. site but some sections will have more closely defined times in the tender documents. The date for final receipt of tenders will be 5 April 1976.

5. To be decided prior to the award. 11. 14 January 1976.

(77/68) 24.1.76 Official Journal of the European Communities NoC 17/. 7

Restricted procedure

1. Milton Keynes Development Corporation, Wavendon 8. Proof of inscription of the company on a professional Tower, Wavendon, Milton Keynes, MK17 8LX, England, register or the companies register in the United Kingdom United Kingdom. or Ireland. Name and address of contractor's bankers from whom the 2. The lowest acceptable offer among selected contractors. corporation's bankers can enquire as to contractor's financial standing.

3. a) Great Linford (No 9) housing in the northern area of Balance sheets for the past three years, including a Milton Keynes, North Buckinghamshire, England. statement of turnover on construction works. A statement of the technical qualifications of the b) 66 one- and two-storey terraced dwellings of traditional managerial and supervisory staff who would be responsible construction, together with associated site works. for executing the work and any previous experience of UK c) Between £500 000 and £750 000. construction practice. A list of contracts over 1 million units of account, similar to d) the contract to be awarded, carried out during the past five years, the value and location of each contract and the 4. Approximately 18 months. authority for whom executed. Details of labour resources and plant available. 5. In the event of a group of contractors submitting an acceptable offer it will be necessary for each member of the 9. The award criteria will be shown in the tender documents. group to sign an undertaking that each company or firm in the group will be jointly and severally responsible for the due performance of the contract. 10. The contract will be based on articles of agreement and conditions of contract contained in the standard form of building contract, local authorities' or private edition with 6. a) 6 February 1976. quantities, 1963 edition (latest revision), issued by the Joir.i b) Quantity Surveying Manager, address as in 1. Contracts Tribunal as amended by the employer. New contracts consisting of the repetition of similar works may c) English. be negotiated with the successful tenderer.

7. Late February 1976. 11. 14 January 1976.

(78/69) No C 17/18 Official Journal of the European Communities 24. 1.76

Restricted procedure

1. Direction Regionale des Postes, Service des Batiments, 5 4. 18 months for all lots. Rue Jacques de Grailly, 86030 Poitiers Cedex, France. 5. Consortia, companies or individual firms. 2. Restricted invitation to tender. 6. a) 1 April 1976. 3. a) 86000 Poitiers — Biard. b) 401 — Construction of a sorting office. b) As in 1. c) The contract is divided into the following lots c) French. (approximate values in French francs): carcass work (2 170 000); 7. Third quarter of 1976. heating (280 000); low voltage electricity (500 000); sealing work (465 000); 8. Financial and technical resources. external fittings, boarding and glazing (670 000); painting (280 000); 9. Price: contractor's technical resources. tiling and floor finishings (370 000); locksmithing and grillage (370 000); 10. driveways, various services and grassed areas (560 000). d) 11. 16 January 1976.

(81/72) 24.1.76 Official Journal of the European Communities No C 17/19

Restricted procedure

1. Borough of Epsom and Ewell, Town Hall, The Parade, 6. a) 27 February 1976. Epsom, Surrey KT18 5BY, England, United Kingdom. b) Mr P. H. Moore, C.Eng, MICE, MI.MunE, Borough Engineer and Surveyor, P.O. Box 5, address as in 1. 2. Restricted invitation to tender. c) English. 3. a) Longmead Housing Estate — Stage V. 7. 5 April 1976. b) The erection of 216 dwellings. The contract will include the consolidation of made-up ground, the construction of roads, sewers, piled foundations and two-storey 8. Established contractors, having considerable experience in superstructures, landscaping, drainage and other this type of work, are invited to submit their names and associated works. details of recent contracts and will be supplied with the drawings, contract and other relevant documents. c) d) 9.

4. 10. Tenders will be received on 17 May 1976.

11. 14 January 1976.

(75/66) No C 17/20 Official Journal of the European Communities 24. 1.76

Restricted procedure

?. The Borough of Luton, Town Hall, Luton, Bedfordshire, 6. a) 3 March 1976. United Kingdom. b) The Borough Secretary, address as in 1.

2 Restricted tendering procedure as described in Article 5 of c) English. Council Directive 71/305/EEC. 7. 24 March 1976. 3. a) An area of 1-34 hectares at Wigmore Lane, Luton, Bedfordshire, England. 8. The council will request contractors to produce the following information: b) The contract will provide for the erection of 82 dwellings on the housing estate, all the drawings, associated proof as required by Article 23 that none of the cases mentioned in Article 23 of Council Directive 71/305/EEC services and outside works. applies to the contractor; c) The work will not be subdivided into different lots. proof of the contractor's financial and economic standing as set out in Article 25 (a), (b) and (c); d) proof of the contractor's technical knowledge and ability as set out in Article 26 (a), (b), (c), (d) and (e). 4. The work is to be completed within a period of 65 weeks 'rom the date agreed with the contractor for possession of the site. 9. The successful tender will be the lowest acceptable offer in competition amongst selected contractors.

5. The form of contract to be entered into between the contractor and the council will be the current revision of the 10. standard form of building contract, local authorities' edition with quantities, published by the Joint Contracts Tribunal. 11. 14 January 1976.

(76/67) \

24.1.76 Official Journal of the European Communities No C 17/21

Restricted procedure

1. Rijkswaterstaat, directie Utrecht, Maliebaan 18, Utrecht, the 7. 25 February 1976. Netherlands.

2. Public invitation to tender with preselection pursuant to the 8. Applications must be accompanied by the following Uniform Aanbestedingsreglement (standard regulations for information: invitations to tender). proof of the firm's inscription in the trade register; a banker's statement showing the firm's financial resources; 3. a) Municipalities of Abcoude, Loenen a/d Vecht and Breukelen. a statement of total turnover and turnover on construction works for the past three financial years; b) Specification No U 1689: widening of the a list of projects completed by the firm in the past five years, Amsterdam-Rhine Canal between km points 16-300 specifying the cost of these projects, the completion time, and 23*200, with associated works. the place and the name of the principal; The works mainly comprise: a statement of equipment and technical resources available clearance and removal of approximately 6 900 m bank to the firm for the execution of these works; protection works; a statement indicating where the contractor intends to tip dredging and removal from publicly owned land of the spoil to be removed. approximately 1 250 000 m3 spoil.

c) 9. Experience in the execution of comparable works on a very d) busy shipping route.

4. 65 weeks. 10. Four-weekly instalments to the amount of expenditure incurred after constitution of a security equal to 5 % of the contract price. A maximum of eight suitable applicants will be invited to 6. a) 10 February 1976. tender. b) Address as in 1. c) Dutch. 11. 16 January 1976.

(80/71) No C 17/22 Official Journal of the European Communities 24. 1.76

Restricted procedure

1. Humberside County Council, Kingston House, Bond the group to sign an undertaking that each company and Street, Kingston upon Hull, North Humberside, England, firm in the group will be jointly and severally responsible United Kingdom. for the contract.

2. Lowest acceptable offer in competition among selected 6. a) 14 February 1976. contractors. b) The County Architect, Humberside County Council, County Hall, Beverley, North Humberside. 3. a) School for maladjusted children. b) Construction of superstructures and substructures of c) English. buildings together with external works but excluding roads and sewers. 7. 6 February 1975. c) Section 3 a) — all the work will be incorporated in one contract. There will be no separate lots. 8. All the references in Articles 25 and 26 of Council Directive 71/305/EEC may be required. d) 9. See 2. 4. The contract period will be 24 months and it is anticipated that the work will commence in June 1976. 10. 5. In the event of a group of contractors submitting an acceptable offer it would be necessary for each member of 11. 14 January 1976.

(66/58) 24.1.76 Official Journal of the European Communities No C 17/23

Restricted procedure

1. Scottish Special Housing Association, 15/21 Palmerston 5. In the event that any group of contractors submit a tender Place, Edinburgh EH 12 5AJ, Scotland, United Kingdom. on the basis of a temporary association, the Scottish Special Housing Association, before placing a contract with any such group, will require that each firm in the group will 2. Restricted invitation to tender. The contract will be awarded become jointly and severally responsible for the contract in to the contractor submitting the lowest correct acceptable a specific legal form to be agreed by the offer in competition among selected contractors. association.

3. a) Nether Robertland, Stewarton (Phase II). 6. a) 9 February 1976. b) The Secretary, address as in 1. b) Number of houses; 60. The contract will include house erection and site c) English. servicing, including the construction of any necessary roads, footpaths, sewers or associated civil engineering 7. Approximately 12 February 1976. works. 8. Contractors submitting their names for selection to tender c) The contract will be awarded on an all-trades basis and must produce if required all references listed in Articles 25 will not be subdivided into lots. and 26 of Council Directive 71/305/EEC. The overall estimated cost of the project will be within a price range of £415 000 to £1 000 000. 9. See 2.

d) The contract will not entail the drawing up of plans. 10. Alternative forms of construction for tendering purposes 'No-Fines' concrete or brick/blockwork construction. 4. The works included in this contract will be completed by July 1977. 11. 14 January 1967.

(67/59) No C 17/24 Official Journal of the European Communities 24.1. 76

Additional information

Gebouwenfonds voor de Rijksscholen, Provinciale dienst Brabant, rue de la Loi, 89, 1040 Brussels, Belgium

(Official Journal of the European Communities No C 290 of 18 December 1975, page 24 and No C S of 9 January 1976, page 16 — Open procedure)

RE: Jette — HRITONA Construction of living accommodation Specification No B/51-01/74/141.

Tenderers are hereby advised that a Notice of Correction to the Special Specifications No B/51-01/74/141 will be available at the abovementioned office.

(2133)