V*^y f* (** * 1 "T 1 ISSN 0378-6986

Umcial J ournal c 153

Volume 28

of the European Communities 22^1935

English edition Information and Notices

Notice No Contents Page

I Information

Council

85/C 153/01 Council Decision of 10 June 1985 appointing two members of the Consultative
Committee of the European Coal and Steel Community 1

85/C 153/02 Resolution of the Ministers responsible for Cultural Affairs, meeting within the
Council, of 13 June 1985 concerning the annual event 'European City of Culture' . . 2

85/C 153/03 Resolution of the Ministers responsible for Cultural Affairs, meeting within the
Council, of 13 June 1985 on events including European audio-visual productions in
third countries 2

85/C 153/04 Resolution of the Ministers responsible for Cultural Affairs, meeting within the
Council, of 13 June 1985 concerning a European sculpture competition 3

Commission

85/C 153/05 ECU 5

85/C 153/06 Uniform application of the Common Customs Tariff (CCT) Classification of

goods 6

85/C 153/07 Letter to the Member States from the Commission with regard to cereals and colza . 7

85/C 153/08 Communication of decision under sundry tendering procedures in agriculture

cereals 8

85/C 153/09 Communication on intra-Community surveillance 8

85/C 153/10 Commission communication pursuant to Article 115 of the EEC Treaty 8

85/C 153/11 Communication of decisions under sundry tendering procedures in agriculture (milk
products) 9
Court of Justice
85/C 153/12 Judgment of the Court (Fifth Chamber) of 4 June 1985 in Case 58/84 reference for
a preliminary ruling made by the Cour du Travail, Liege): Office National des
Pensions pour Travailleurs Salaries (ONPTS) v. Francesco Romano (Social security
Overlapping pensions) 10

1 (Continued overleaf)
Notice No Contents (continued)

85/C 153/13 Judgment of the Court (Fifth Chamber) of 4 June 1985 in Case 117/84 (reference
for a preliminary ruling made by the Cour du Travail, Mons): Office National des
Pensions pour Travailleurs Salaries (ONPTS) v. Salvatore Ruzzu (Social security
Overlapping pensions) 10
85/C 153/14 Removal from the Register of Case 310/84 11

II Preparatory Acts

III Notices

Commission
85/C 153/15 Notice of invitation to tender for the purchase of 150 tonnes of refined rape seed
oil and delivery thereof cif Acajutla (El Salvador) 12
85/C 153/16 Notice of invitation to tender for the purchase of 100 tonnes of refined rape seed
oil and delivery thereof fob Community port with regular connections to Mombasa
(Kenya) 14
22.6.85 Official Journal of the European Communities N o C 153/1

I
(Information)

COUNCIL
COUNCIL DECISION
of 10 June 1985
appointing two members of the Consultative Committee of the European Coal and Steel
Community
(85/C 153/01)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and Steel Community, and in
particular Article 18 thereof,

Having regard to the Decision of 19 December 1984 designating representative organizations

required to draw up lists of candidates for the Consultative Committee of the European Coal
and Steel Community ('),

Having regard to the Council Decision of 18 February 1985 appointing the members of the
Consultative Committee of the European Coal and Steel Community for the period ending
17 February 1987 (2),

Whereas in Article 2 of the above Decision, the Council agreed to appoint subsequently the
persons to fill two seats allocated to the United Kingdom in the workers category;

Whereas the National Union of Mineworkers submitted a list of candidates for these seats on
3 May 1985,

HAS DECIDED AS FOLLOWS:

Sole Article
Mr A Scargill and Mr P. Heathfield are hereby appointed members of the Consultative
Committee of the European Coal and Steel Community in the workers category for the
remainder of its term of office, which runs until 17 February 1987.

Done at Brussels, 10 June 1985.

For the Council

The President
M. FIORET

C) O J N o C 3 3 , 5.2. 1985, p. 1.
(2) O J N o C 5 5 , 1. 3. 1985, p. 1.
No C 153/2 Official Journal of the European Communities 22.6.85

RESOLUTION

of the Ministers responsible for Cultural Affairs, meeting within the Council,

of 13 June 1985

concerning the annual event 'European City of Culture'

(85/C 153/02)

I. Aim and content
The Ministers responsible for Cultural Affairs
consider that the 'European City of Culture' event
should be the expression of a culture which, in its
historical emergence and contemporary
development, is characterized by having both
common elements and a richness born of diversity.
The event has been established to help bring the
peoples of the Member States closer together, but
account should be taken of wider European cultural
affinities.
Each year one Member State should hold the event.
The decision on the choice of city must be taken at
least two years in advance, so as to allow proper
arrangements to be made. The Member States
should in principle follow each other in alphabetical
order. They may, however, alter the chronological
order of events by agreement.
In principle, one round of the Member States should
be completed before another one is begun.
III. Organization and finance

The event should open up to the European public
particular aspects of the culture of the city, region or
country concerned. It may also concentrate on the
city concerned a number of cultural contributions
from other Member States, primarily for the benefit
of the inhabitants of the particular region. Between
these two poles, a wide variety of emphases can be
placed and inter-related themes chosen so as to
enhance the city concerned and mark the particular
occasion, if any, which has provided a reason for
choosing it.
II. Selection criteria
The Member States in which the designated
'European City of Culture' lies decides which
authority inside the Member States will take
responsibility for organizing and financing the event.
Given that the event forms part of cultural
cooperation among the Member States, these should
be associated with its preparation and kept regularly
informed of progress. Other European and, where
appropriate, non-European countries may also be
associated with the preparation of the event.
Ministers responsible for Cultural Affairs in the
Member States should if possible attend the opening
ceremony.

As a general rule, only one 'European City of Member States should take all possible steps to
Culture' should be chosen each calendar year. publicize the event widely.

RESOLUTION

of the Ministers responsible for Cultural Affairs, meeting within the Council,

of 13 June 1985

on events including European audio-visual productions in third countries

(85/C 153/03)

The Ministers responsible for Cultural Affairs consider
that events including European audio-visual productions
in third countries may have not only a cultural purpose
but also an economic and commercial interest.
The promotion of European audio-visual productions
can be effected both by organizing special festivals or
other events and by obtaining special sections at existing
international film and television festivals.
They emphasize in this connection the important part to
be played at national and European level by the pro-
fessional organizations.
22.6.85 Official Journal of the European Communities No C 153/3

Alongside the efforts to ensure this European presence in
third countries, each Member State will remain at liberty
to decide whether or not to participate in particular
events, and films from European countries will, of
course, continue to feature at international festivals
independently of any joint European participation in the
same festival.
Other European countries could be invited to take part
in this venture.
The Ministers agree:
1. to encourage public and private organizations in the
Member States to organize European film and
television festivals of a cultural and commercial nature
in third countries, to ensure that films and television
programmes produced in their own countries are
represented as far as possible and to facilitate the
presence of films from Member States with less
developed industries;
2. to call upon national institutions with plans to
promote their own national productions in third
countries to allow other Member States to join in;
3. to foster the setting up of sections devoted to
European films at international film festivals in third
countries. The Presidency, after consultation with its
partners, either directly or through its on-the-spot
representation in the country concerned, would, if its
partners' reaction were favourable, approach the
international festival organizing committee with a
view to setting up such special sections. Member
States' audio-visual productions would be pre-selected
on the basis of indications provided by the prof-
essional associations of their audio-visual industries.

RESOLUTION
of the Ministers responsible for Cultural Affairs, meeting within the Council,
of 13 June 1985
concerning a European sculpture competition
(85/C 153/04)

THE MINISTERS RESPONSIBLE FOR CULTURAL AFFAIRS, MEETING WITHIN THE

COUNCIL,

In accordance with paragraph 3.3 of the Solemn Declaration on European Union signed in
Stuttgart on 19 June 1983,

In the spirit of the conclusions regarding a people's Europe reached at the meeting of the
European Council in Fontainebleau on 25 and 26 June 1984,

With the aim of encouraging young European sculptors and intensifying the exchange of
works of sculpture throughout the European Community,

DECLARE THEMSELVES IN FAVOUR of the principle of a European sculpture competition

open to young sculptors. The technical and financial arrangements for the first competition
should be finalized by a Working Party of Experts as soon as possible, on the basis of the
outline given in the Annex.

ANNEX

Outline prepared by the Working Party of Attaches from the Permanent Representations (Cultural Affairs)
concerning a European sculpture competition

The European sculpture competition open to young sculptors will take place in principle every two
years. On each occasion it must first be established that there are at least seven Member States taking
part in the competition. The Ministers will set the date for launching the competition and the closing
date for the national stage of the competition (see paragraph 2). They will ensure that one Member
State volunteers to organize the European stage of the competition which will follow the national stage.
No C 153/4 Official Journal of the European Communities 22.6.85

2. During the national stage, each participating Member State will either hold a preliminary national
competition to designate three works or itself commission three works without a competition. The
works could be submitted in the form of prototypes, maquettes, models or photographs rather than as
completed pieces. These works (in the form indicated) will be forwarded to the organizing Member
State by the closing date set by the Ministers. The costs of the national stage and of forwarding the
works (in the form indicated) to the organizing Member State will be borne by the Member State
concerned.

3. From among the three works submitted, the organizing Member State will arrange for the selection of a
winner in respect of each participating Member State. To make this selection, it will convene an inter-
national jury consisting of qualified persons.

4. Prize-winning works will be given wide publicity by the participating Member States. Member States,
museums, commercial organizations or private persons may put in bids for the works.
22.6.85 Official Journal of the European Communities No C 153/5

COMMISSION

ECU ()

21 June 1985

(85/C 153/05)

Currency amount for one unit:

Belgian and United States dollar 0,727884

Luxembourg franc con. 45,2489
Swiss franc 1,87721
Belgian and
Spanish peseta 128,508
Luxembourg franc fin. 45,4927
Swedish krona 6,46361
German mark 2,24567
Norwegian krone 6,44177
Dutch guilder 2,53122
Canadian dollar 0,993707
Pound sterling 0,571337
Portuguese escudo 128,108
Danish krone 8,06059
Austrian schilling 15,7951
French franc 6,84720
Finnish markka 4,65118
Italian lira 1432,28 Japanese yen 181,003
Irish pound 0,716774 Australian dollar 1,09456
Greek drachma 99,6109 New Zealand dollar 1,56534

The Commission has installed a telex with an automatic answering device which gives the conversion rates
in a number of currencies. This service is available every day from 3.30 p.m. until 1 p.m. the following day.
Users of the service should do as follows:
call telex number Brussels 23789;
give their own telex code;
type the code 'cccc' which puts the automatic system into operation resulting in the transmission of the
conversion rates of the ECU;
the transmission should not be interrupted until the end of the message, which is marked by the code
'ffff.
Note: The Commission also has an automatic telex answering service (No 21791) providing daily data on
calculation of monetary compensatory amounts for the purposes of the common agricultural policy.

(') Council Regulation (EEC) N o 3180/78 of 18 December 1978 (OJ N o L 379, 30. 12. 1978, p. 1), as
amended by Regulation (EEC) N o 2626/84 (OJ N o L 247, 16. 9. 1984, p. 1).
Council Decision 80/1184/EEC of 18 December 1980 (Convention of Lome) (OJ N o L 349,
23. 12. 1980, p. 34).
Commission Decision N o 3334/80/ECSC of 19 December 1980 (OJ N o L 349, 23. 12. 1980, p. 27).
Financial Regulation of 16 December 1980 concerning the general budget of the European
Communities (OJ N o L 345, 20. 12. 1980, p. 23).
Council Regulation (EEC) N o 3308/80 of 16 December 1980 (OJ N o L 345, 20. 12. 1980, p. 1).
Decision of the Council of Governors of the European Investment Bank of 13 May 1981 (OJ
N o L 311, 30. 10. 1981, p. 1).
No C 153/6 Official Journal of the European Communities 22.6.85

UNIFORM APPLICATION OF T H E NOMENCLATURE OF THE COMMON

CUSTOMS TARIFF (CCT)

(Classification of goods)
(85/C 153/06)

Publication made in accordance with Article 3 (a), paragraph 2, of Regulation (EEC) No 97/69 of
the Council (OJ No L 14 of 21. 1. 1969), as last amended by Regulation (EEC) No 2055/84 of
16. 7. 1984 (OJ No L 191 of 19. 7. 1984), on measures to be taken for uniform application of the
Nomenclature of the Common Customs Tariff

The measures indicated below are in accordance with the opinion of the Committee on
Common Customs Tariff Nomenclature given at the 437th meeting:
I. Tariff classification:

II. Explanatory notes to the Common Customs Tariff:

III. Agreements on the classification of goods to be recorded in the minutes of the meeting:

CCT heading
Description of the goods or subheading

Knitted garment with fleecy inner surface (65 % polyester, 35 %

cotton), intended to cover the upper part of the body, reaching to
the hips. With long sleeves not extending below the base of the
garment. With a partial opening at the front fastened by press
studs, left over right. With woven pockets, collar and decorative 60.05 A II b)
panels, and knitted ribbing at the cuffs and base of the garment. 4 bb) II ccc)
22.6.85 Official Journal of the European Communities
Letter to the Member States from the Commission with regard to cereals and colza
(85/C 153/07)
Sir,
The Council of the European Communities failed to
adopt on time the agricultural prices for cereals and rape
for the 1985/86 marketing year, which begins on 1 July
for rape and durum wheat and on 1 August for the other
cereals; however, there is advance implementation of the
prices for the new marketing year in certain southern
areas of the Community.
For the execution of the tasks entrusted to it by the
Treaty, the Commission will, if this situation persists, be
compelled to adopt, as a precautionary measure, the
management measures essential to ensure continuity of
operation of the common agricultural policy for these
two products, on 1 July for rape and durum wheat, and
on 1 August for the other cereals.
The Commission has already decided to implement a
special measure with regard to the buying-in prices of
cereals in certain Community regions.
The Commission would draw your Government's
attention to the fact that it is incumbent upon the
Member States under Article 5 of the Treaty to take all
appropriate measures to help to avoid, pending a
Council decision, an interruption in the operation of the
machinery of the agricultural markets policy.
The Commission takes the view that the precautionary
measures to be implemented must reflect the following
general guidelines:
1. The management of the product sectors concerned
will be carried out on the basis of the arrangements
applying during 1984/85, and in particular of the
prices applied during that marketing year.
However, the Commission will allow for the special
features of each product sector. Thus, the market
organizations for cereals and rape (Article 3a of
Regulation (EEC) No 2727/75 and Article 24a of
Regulation (EEC) No 136/66) provide for a
compulsory reduction in prices for the new marketing
season where the average actual production of the
three most recent marketing years exceeds the
guarantee thresholds set.
2. However, the guarantee threshold for durum wheat
was not exceeded. Accordingly, the buying-in prices
applicable during the 1984/85 marketing year should
be retained.
3. On the other hand, however, the guarantee threshold
for rape was exceeded, which should entail a
reduction in the prices for the new marketing year.
Under such circumstances, the retention, even on a
provisional basis, of the intervention price paid during
1984/85 would definitely involve the threat of very
heavy sales of rape seed to intervention, which would
disrupt the market equilibrium for this product for a
long time. The intervention agencies would be obliged
No C 153/7
to buy in these products, but such action would be all
the more undesirable from the angle of proper
management since it would entail unnecessary public
expenditure which might well not be endorsed by the
Council.
Accordingly, the Commission will decide to
implement a reduction of 1,8 % in the buying-in
prices for rape from 1 July 1985 onwards.
This reduction is a reasonable one since it is virtually
certain that the Council will not fix new prices at a
level lower than that of the prices for the preceding
marketing year minus 1,8 %. The great majority of
the delegations felt this to be acceptable and it is also
in line with the Commission's amended proposal.
4. If the Council was not in a position to fix in good
time the prices for the new season for cereals other
than durum wheat, the Commission would, for the
same reasons, apply a reduction of 1,8 % to the
intervention price for the cereals, from 1 August
onwards.
5. Also, under Article 3 (3) of Regulation (EEC) No
2727/75, which provides for the effective application
of the buying-in prices fixed for the new marketing
year, on 1 June for all cereals in Greece (and on 16
May in this country for barley), in Italy and in certain
southern areas of France, the Commission must
implement, in respect of these three Member States,
an immediate reduction of 1,8 % in the buying-in
prices for all cereals except durum wheat (*).
6. With regard to imports of cereals, the Commission
will fix the levies on the basis of the threshold prices
applicable during 1984/85, adjusted in relation with
the incidence of the 1,8 % reduction in buying-in
prices, to avoid any undesirable increase in
Community preference.
7. The EAGGF financing procedures for the measures
referred to in this letter are unchanged. The advance
payments made to the Member State to ensure their
application will be determined on the basis of the
principles set out above.
I would be grateful if you would draw the attention of
your Government to the point that these measures are
precautionary measures essential to ensure the operation
without excessive disruption of the rape and cereals
market organizations and to safeguard the interests of
the operators concerned, without prejudice to the
Council's final decisions.
For the Commission
Frans ANDRIESSEN
Vice-President
(*) Commission Decision 85/309/EEC (OJ No L 163, 22. 6.
1985).
No C 153/8 Official Journal of the European Communities 22. 6. 85

Communication of decision under sundry tendering procedures in agriculture (cereals)

(See notice in OJ No L 360, 21. 12. 1982, p. 43)
(85/C 153/08)

Weekly invitation to tender

Standing invitation to tender Date of

Commission Maximum refund
Decision

Commission Regulation (EEC) No 1391/85 of 28 May 1985

opening an invitation to tender for the export of common
wheat to countries of zones I, II a), III, IV a) and b), V, VI,
VII and the German Democratic Republic 20. 6. 1985 Tenders rejected
(OJ N o L 140, 29. 5. 1985, p. 10)
Commission Regulation (EEC) No 1392/85 of 28 May 1985
opening an invitation to tender for the refund for the export
of barley to countries of zones I, II a), III, IV, V, VI, VII a),
VII c) and the German Democratic Republic 20. 6. 1985 Tenders rejected
(OJ No L 140, 29. 5. 1985, p. 13)
Commission Regulation (EEC) No 1393/85 of 28 May 1985
opening an invitation to tender for the refund for the export
of common wheat to countries of zone IV c) and d) N o tender received
(OJ No L 140, 29. 5. 1985, p. 16)

Communication on intra-Community surveillance

(85/C 153/09)

By Decision dated 19 June 1985 the Commission has authorized the French Republic to intro-
duce intra-Community surveillance of imports of apricots (subheading 08.07 A of the Common
Customs Tariff), originating in Spain and in free circulation in the Community, in respect of
which protective measures may be adopted pursuant to Article 115 of the EEC Treaty.
The full text of the Decision will be published in a subsequent issue.

Commission communication pursuant to Article 115 of the EEC Treaty

(85/C 153/10)

By Decision dated 20 June 1985 the Commission has authorized Ireland not to apply
Community treatment to women's, girls' and infants' (other than babies') woven and knitted or
crocheted skirts, including divided skirts, falling within subheadings ex 60.05 A II and ex 61.02
B II of the Common Customs Tariff (category 27), originating in Hong Kong and in free
circulation in the other Member States.
The said Decision is applicable after the date of the present Decision to 31 December 1985.
22.6.85 Official Journal of the European Communities No C 153/9

Communication of decisions under sundry tendering procedures in agriculture (milk products)

(see notice in OJ No L 360, 21.12.1982, p. 43)
(85/C 153/11)
(ECU)
Date of Use to which the butter or the
Standing invitation Tender Commission concentrated butter is to be put Minimum selling Maximum aid Processing
to tender No Decision (Article 4 of Regulation (EEC) security
No 262/79)
Commission Regulation 102 18.6. 1985 Formula A and/or C,
(EEC) No 262/79 of 12 and/orD:
February 1979 on the saleoi with a fat content of:
butter at reduced prices for 105,0/100 kg 233,0/100 kg
use in the manufacture of 82 % or more
butter butter
pastry products, ice-cream
and other foodstuffs less than 8 2 % 102,4/100 kg 233,0/100 kg
butter butter
(OJ No L 41, 16. 2. 1979,
p.l) Formula B:
with a fat content of:
82 % or more 165,0/100 kg 172,0/100 kg
butter butter
less than 8 2 % 161,0/100 kg 172,0/100 kg
butter butter
Commission Regulation 83 18.6.1985 (a) for Butter:
(EEC) No 1932/81 of 13 Formula A and/or C,
July 1981 on the granting of and/orD:
aid for butter and
concentrated butter {or use in with a fat content of:
the manufacture of pastry 82 % or more 178,5/100 kg
products, ice-cream and butter
other foodstuffs 80 % or more, but 174,0/100 kg
( O J N o L 191, 14. 7. 1981, not exceeding 82 % butter
p. 6) Formula B:
with a fat content of:
82 % or more 118,5/100 kg
butter
80 % or more, but /100 kg butter
not exceeding 82 %
(b) for concentrated butter:
Formula A and/or C,
and/or D: 237,3/100 kg 260,0/100 kg
pure pure
concentrated concentrated
butter butter
Formula B: 164,0/100 kg 180,0/100 kg
pure pure
concentrated concentated
butter butter
Commission Regulation 67 18.6. 1985 30,0/100 kg 148,0/100 kg
(EEC) No 368/77 of 23
February 1977 on the sale
by tender of skimmed-milk
powder for use in feed for
animals other than young
calves
(OJ No L 52, 24. 2. 1977,
p. 19)
Commission Regulation 51 18.6.1985 Tenders rejected
(EEC) No 1844/77 of 10
August 1977 on the
granting by tender of
special aid for skimmed-milk
powder intended as feed for
animals other than young
calves
( O J N o L 2 0 5 , 11. 8. 1977,
p. 11)
Commission Regulation 4 18.6.1985 30,0/100 kg
(EEC) No 3714/84 of 21
December 1984 laying
down detailed rules for the
granting of aid for the use
of partly-skimmed milk and
partly-skimmed-milk powder
infeedingstuffs
( O J N o L 3 4 1 , 2 9 . 12. 1984,
p. 65)
No C 153/10 Official Journal of the European Communities
COURT OF JUSTICE
J U D G M E N T OF T H E C O U R T
(Fifth Chamber)
of 4 June 1985
in Case 58/84 (reference for a preliminary ruling made
by the Cour du Travail, Liege): Office National des
Pensions pour Travailleurs Salaries (ONPTS) v.
Francesco Romano (')
(Social security Overlapping pensions)
(85/C 153/12)
(Language of the case: French)
(Provisional translation; the definitive translation will he
published in the Reports of Cases before the Court)
In Case 58/84: reference to the Court under Article 177
of the EEC Treaty by the Cour du Travail [Labour
Court], Liege, for a preliminary ruling in the proceedings
pending before that court between Office National des
Pensions pour Travailleurs Salaries (ONPTS) [National
Pension Office for Employed Persons] and Francesco
Romano on the interpretation of Articles 12 and 46
of Regulation (EEC) No 1408/71 of the Council of
14 June 1971 on the application of social security
schemes to employed persons and their families moving
within the Community (Official Journal, English Special
Edition 1971 (II), p. 416) and of Regulation (EEC) No
574/72 of the Council of 21 March 1972 laying down
the procedure for implementing Regulation (EEC) No
1408/71 (Official Journal, English Special Edition 1972
(I), p. 159) The Court (Fifth Chamber), composed of
O. Due, President, C. Kakouris, U. Everling, Y. Galmot
and R. Joliet, Judges; M. Darmon, Advocate General;
D. Louterman, Administrator, for the Registrar, gave a
judgment on 4 June 1985, the operative part of which is
as follows:
A national provision which reduces the additional years of
notional employment from which a worker may benefit, on
the basis of the number of years in respect of which the
worker may claim a pension in another Member State,
constitutes a provision for reduction of benefit within the
meaning of Article 12 (2) of Regulation (EEC) No
1408/71 of the Council of 14 June 1971 on the application
of social security schemes to employed persons and their
families moving within the Community which, by virtue of
the last sentence of Article 12 (2), is not to be applied when
the amount of the pension is calculated under Article 46 (1)
of that Regulation.
(') OJ No C 94, 5. 4. 1984.
22.6.85
J U D G M E N T OF T H E C O U R T
(Fifth Chamber)
of 4 June 1985
in Case 117/84 (reference for a preliminary ruling made
by the Cour du Travail, Mons): Office National des
Pensions pour Travailleurs Salaries (ONPTS) v.
Salvatore Ruzzu (')
(Social security Overlapping pensions)
(85/C 153/13)
(Language of the case: French)
(Provisional translation; the definitive translation will be
published in the Reports of Cases before the Court)
In Case 117/84: reference to the Court under Article
177 of the EEC Treaty by the Cour du Travail [Labour
Court], Mons, for a preliminary ruling in the
proceedings pending before that court between Office
National des Pensions pour Travailleurs Salaries
(ONPTS) [National Pension Office for Employed
Persons] and Salvatore Ruzzu on the interpretation of
Article 51 of the EEC Treaty, Articles 12 and 46 of
Regulation (EEC) No 1408/71 of the Council of
14 June 1971 on the application of social security
schemes to employed persons and their families moving
within the Community (Official Journal, English Special
Edition 1971 (II), p. 416) and of Regulation (EEC) No
574/72 of the Council of 21 March 1972 laying down
the procedure for implementing Regulation (EEC) No
1408/71 (Official Journal, English Special Edition 1972
(I), p. 159) The Court (Fifth Chamber), composed of
O. Due, President, C. Kakouris, U. Everling, Y. Galmot
and R. Joliet, Judges; M. Darmon, Advocate General,
D. Louterman, Administrator, for the Registrar, gave a
judgment on 4 June 1985, the operative part of which is
as follows:
A national provision which reduces the additional years of
notional employment from which a worker may benefit, on
the basis of the number of years in respect of which the
worker may claim a pension in another Member State,
constitutes a provision for reduction of benefit within the
meaning of Article 12 (2) of Regulation (EEC) No
1408/71 of the Council of 14 June 1971 on the application
of social security schemes to employed persons and their
families moving within the Community which, by virtue of
the last sentence of Article 12 (2), is not to be applied when
the amount of the pension is calculated under Article 46 (1)
of that Regulation.
(') O J N o C 154, 14. 6. 1984.
22.6.85 Official Journal of the European Communities N o C 153/11

Removal from the Register of Case 310/84 g)
(85/C 153/14)
By order of 22 May 1985 the Court of Justice of the
European Communities ordered the removal from the
Register of Case 310/84: Union Siderurgique du Nord
et de l'Est de la France 'Usinor' v. Commission of the
European Communities.
(') OJ No C 32, 2. 2. 1985.
N o C 153/12 Official Journal of the European Communities
III
(Notices)
COMMISSION
Notice of invitation to tender for the purchase of 150 tonnes of refined rape seed oil and
delivery thereof cif Acajutla (El Salvador)
(85/C 153/15)
I. General
1. This invitation concerns the purchase on the
Community market of 150 tonnes of refined rape seed
oil and delivery thereof cif Acajutla.
2. Loading will take place by 13 August 1985 at the
latest, except in case of force majeure.
3. Tenderers must be established in the Community.
4. The refined rape seed oil must be of sound, fair and
merchantable quality and must meet the following
criteria:
water and impurities: maximum 0,2 %,
free fatty acids: not more than 0,15 % expressed
as oleic acid,
erucic acid: not more than 5 % of total fatty acids
present,
brassicasterol: not less than 5 % of total sterol
content,
absence of soap,
absence of foreign odours and flavours,
perioxide number: below 10 milliequivalents of
active oxygen per kilogram of oil,
authorized additives: 100 milligrams of butylated
hydroxytoluene (BHT-E-321) per kilogram of oil.
5. The oil must be packed in metal cans suitable for
containing vegetable oil for human consumption. The
weight of the cans must be 2,5 kilograms net.
The cans must not be harmful to human health or
cause a change in the colour, taste or odour of their
contents. Once sealed, the cans must be absolutely
leakproof. The cans must be packed in cartons, four
cans per carton. The cans and cartons must be strong
enough and suitably packaged to withstand a long
voyage.
6. The cartons must be marked with a red cross
measuring 10 x 10 cm and must bear the following
inscription in Spanish in letters at least 1 cm high:
ELS-39 / Aceite vegetal / Donacion de la Comunidad
economica Europea / Accion del Comite inter-
nacional de la Cruz-Roja / Acajutla.
22.6.85
7. Monitoring of the quantity and analysis of the quality
of the product on filling and surveillance of loading
will be carried out by a surveillance agency appointed
by the Commission. The relevant documents will be
issued to the successful tenderer. The cost of such
checks and analyses will be chargeable to the
Commission, as will the cost of surveillance on
loading. The successful tenderer is to inform the
Commission by telex or telegram of the port or ports
of embarkation at least two weeks prior to embar-
kation.
8. The successful tenderer must, as soon as possible,
contact the recipient ( O C R , 17, avenue de la Paix,
CH-1211 Geneve; Telex 22269 Z) to establish what
shipping documents are required.
II. Tendering
1. Tenders must include the following four items:
(a) the name and address of the undertaking
submitting the tender and the name and telephone
number of the person to contact;
(b) the address(es) of the warehouse(s) where the
goods may be inspected before being transported
to the port;
(c) the total amount, expressed in ECU ('), asked by
the tenderer;
(d) either the original of the guarantee referred to in
III or a telex copy, issued by the credit institution,
of the guarantee referred to in III, indicating that
the original has already been sent to the
Commission.
(') The rates for the ECU may be obtained from major banks
or from the Commission. The Commission has installed a
telex with an automatic answering device which gives the
conversion rates in a number of currencies. This service is
available every day from 3.30 p.m. until 1 p.m. the following
day. Users of the service should proceed as follows:
call telex number Brussels 23789,
give their own telex code,
key in 'cccc' to activate the automatic system, resulting
in the transmission of the conversion rates for the ECU,
the transmission should not be interrupted until the end
of the message, which is shown by the letters 'ffff.
22.6.85 Official Journal of the European Communities
2. Tenders containing conditions or reservations cannot
be considered.
3. Tenders must reach Berlaymont office 6/60 not later
than 12 noon (Belgian time) on 2 July 1985.
They may be handed in by messenger against a
receipt at the office specified above or sent by telex
(agree 22037).
Envelopes containing tenders or parts of tenders must
be marked 'Food aid Red Cross', be sealed and be
themselves enclosed in an envelope bearing the
address given below.
Tenders can be considered only if all four items
specified reach Berlaymont office 6/60 in time.
4. Tenders shall be valid until 12 midnight (Belgian
time) on 3 July 1985.
5. The exact address is as follows:
Tenders Vegetable oil (Red Cross),
Commission of the European Communities,
Division V I / C / 3 ,
Berlaymont 6/60
rue de la Loi 200,
B-1049 Brussels.
Where tenders are telexed, the words 'For the
personal attention of Mr Schiratti' should be added to
the above address.
III. Guarantee
1. Each tenderer must put up a guarantee of 4 500 ECU
as an assurance that he will fulfil any obligations
arising from this notice of invitation to tender, to be
issued by a credit institution meeting the criteria fixed
by the Member State. This guarantee must be
expressed in ECU, may not be limited in time and
may be released only by the Commission.
2. Where a tender has not been successful or is not
considered, the guarantee will be released; the suc-
cessful tenderer's guarantee will be retained. It will be
forfeited, except in case of force majeure, if he fails to
comply with the conditions set out in this notice.
IV. Award of contract
The contract will be awarded to the tenderer
submitting the most advantageous offer. Where
several tenderers offer the same price, the contract
will be awarded by drawing lots. In no circumstances
may a tenderer withdraw a successful tender.
N o C 153/13
2. If tenders submitted do not correspond to the real
market situation, the Commission may decide not to
award the contract.
3. Each tenderer will be informed by telex of the result
of the tendering procedure. The Commission is not
bound to give reasons to tenderers for deciding to
accept or refuse tenders.
4. Rights and obligations arising from the award of the
contract are not transferable.
V. Payment
1. The address of the office responsible for payment is:
Commission of the European Communities,
Division VIII/A/2,
Berlaymont 10/14,
rue de la Loi 200,
B-1049 Brussels.
Payment will be made in ECU.
The Commission will authorize payment within three
weeks after presentation of the relevant documents;
payment will be made by telex.
2. Payment will be made upon presentation of the
following documents:
(a) copies of the bill of lading endorsed to the order
of the CICR Geneve for the 150 tonnes of refined
rape seed oil for shipment to Acajutla;
(b) a copy of the insurance policy in favour of the
CICR Geneve covering all risks, including loss
and deterioration, whatever may be the reason, in
respect of 150 tonnes of refined rape seed oil
discharged on the quay at Acajutla, the amount
insured being 110 % of the amount asked by the
successfull tenderer;
(c) the certificate of control of the weight and quality
of the oil issued by the surveillance agency
appointed by the Commission;
(d) the certificate of surveillance on loading issued by
the same agency;
(e) a statement signed by the successful tenderer, to
the effect that he has sent:
(ea) the originals of the documents referred to in
(a) and (b) and copies of the documents
referred to in (c) and (d) to:
CICR,
17, avenue de la Paix,
CH-1211 Geneve;
(eb) copies of the documents referred to in (a),
(b), (c) and (d) as well as a declaration
regarding the characteristics of the delivery
No C 153/14 Official Journal of the European Communities
(product, quantity, ship, ports, timetable) to:
Delegacion del CICR,
edificio Amsa,
9a, Avda Norte y 5a Calle Poniente,
San Salvador (El Salvador);
and to the
Commission Delegation in Venezuela,
By diplomatic bag (Berlaymont 1/123),
rue de la Loi 200,
B-1049 Brussels.
VI. Other provisions
If the successful tenderer is unable to fulfil
Notice of invitation to tender for the purchase of 100 tonnes of refined rape seed oil and
delivery thereof fob Community port with regular connections to Mombasa (Kenya)
(85/C 153/16)
I. General
1. This invitation concerns the purchase on the
Community market of 100 tonnes of refined rape" seed
oil and delivery thereof fob Community port with
regular connections to Mombasa.
Tenderers must be established in the Community.
2. The refined rape seed oil must be of sound, fair and
merchantable quality and must meet the following
criteria:
water and impurities: maximum 0,2 %,
free fatty acids: not more than 0,15 % expressed
as oleic acid,
erucic acid: not more than 5 % of total fatty acids
present,
brassicasterol: not less than 5 % of total sterol
content,
absence of soap,
absence of foreign odours and flavours,
peroxide number: below 10 milliequivalents of
active oxygen per kilogram of oil,
authorized additives: 100 milligrams of butylated
hydroxytoluene (BHT-E-321) per kilogram of oil.
3. The oil must be packed in metal cans suitable for
containing vegetable oil for human consumption. The
weight of the cans must be 5 to 10 kilograms net.
The cans must not be harmful to human health or
cause a change in the colour, taste or odour of their
22.6.85
obligations, he shall inform the Commission thereof and
shall undertake to abide by the latter's instructions.
VII. Arbitration
Where a disagreement cannot be settled by amicable
arrangement, the Court of Justice of the European
Communities shall have jurisdiction in any disputes
arising from the performance, non-performance or
interpretation of the terms and conditions of this
invitation to tender.
The present offer to tender is governed by the Incoterms
of the International Chamber of Commerce of Paris and,
in default of sufficient elements in the Incoterms, by
his Belgian law.
contents. Once sealed, the cans must be absolutely
leakproof. The cans must be packed in cartons, four
cans per carton. The cans and cartons must be strong
enough and suitably packaged to withstand a long
voyage.
Each can must bear the following inscription in
French:
'Burundi / Huile vegetale / Caritas / Bujumbura /
Via Mombasa / Don de la Communaute economique
europeene / Action du Caritas B / Distribution
gratuite'.
The cartons must be packed in containers (20 foot,
condition FCL/LCL shipper's count load and
stowed).
4. Tenderers are to designate the port of delivery; the
vessel on board which delivery is to be effected will be
designated by Euronaid, NL-Oegstgeest; Telex
30223.
Euronaid will inform the successful tenderer in good
time of the exact date of delivery, which will be
between 6 August 1985 and 20 August 1985. If the
successful tenderer does not make delivery on time,
he will be required to pay demurrage.
Monitoring of the quantity and analysis of the quality
of the product on filling and surveillance of loading
will be carried out by a surveillance agency appointed
by the Commission. The relevant documents will be
issued to the successful tenderer. The cost of such
check and analysis will be chargeable to the
Commission, as will the cost of surveillance on
loading.
22.6.85 Official Journal of the European Communities
II. Tendering
1. Tenders must include the following five items:
(a) the name and address of the undertaking
submitting the tender and the name and telephone
number of the person to contact;
(b) the address(es) of the warehouse(s) where the
goods may be inspected before being transported
to the port;
(c) the intended Community port of shipment;
(d) the total amount, expressed in ECU ('), asked by
the tenderer;
(e) either the original of the guarantee referred to in
III or a telex copy, issued by the credit institution,
of the guarantee referred to in III, indicating that
the original has already been sent to the
Commission.
2. Tenders containing conditions or reservations cannot
be considered.
3. Tenders must reach Berlaymont office 6/60 not later
than 12 noon (Belgian time) on 2 July 1985.
They may be handed in by messenger against a
receipt at the office specified above or sent by telex
(agree 22037).
Envelopes containing tenders or parts of tenders must
be marked 'Food aid Burundi', be sealed and be
themselves enclosed in an envelope bearing the
address given below.
Tenders can be considered only if all five items
specified reach Berlaymont office 6/60 in time.
4. Tenders shall be valid until 12 midnight (Belgian
time) on 3 July 1985.
5. The exact address is as follows:
Tenders Vegetable oil,
Commission of the European Communities,
Division V I / C / 3 ,
Berlaymont 6/60,
Rue de la Loi, 200,
B-1049 Brussels.
(') The rates for the ECU may be obtained from major banks
or from the Commission. The Commission has installed a
telex with an automatic answering device which gives the
conversion rates in a number of currencies. This service is
available every day from 3.30 p.m. until 1 p.m. the following
day. Users of the service should proceed as follows:
call telex number Brussels 23789,
give their own telex code,
key in 'cccc' to activate the automatic system, resulting
in the transmission of the conversion rates for the ECU,
the transmission should not be interrupted until the end
of the message, which is shown by the letters 'fffP.
N o C 153/15
Where tenders are telexed, the words 'For the
personal attention of Mr Schiratti' should be added to
the above address (telex agree 22037).
III. Guarantee
1. Each tenderer must put up a guarantee of 3 000 ECU,
to be issued by a credit institution meeting the criteria
fixed by the Member State, as an assurance that he
will fulfil any obligations arising from this notice of
invitation to tender. This guarantee must be expressed
in ECU, may not be limited in time and may be
released only by the Commission.
2. Where a tender has not been successful or is not
considered, the guarantee will be released; the suc-
cessful tenderer's guarantee will be retained. It will be
forfeited, except in case of force majeure, if he fails to
comply with the conditions set out in this notice.
IV. Award of contract
1. The contract will be awarded to the tenderer
submitting the most advantageous offer. Where
several tenderers offer the same price, the contract
will be awarded by drawing lots. In no circumstances
may a tenderer withdraw a successful tender.
2. If tenders submitted do not correspond to the real
market situation, this Commission may decide not to
award the contract.
3. Each tenderer will be informed by telex of the result
of the tendering procedure. The Commission is not
bound to give reasons to tenderers for deciding to
accept or refuse tenders.
4. Rights and obligations arising from the award of the
contract are not transferable.
V. Payment
Payment will be made to the successful tenderer after
presentation of the documents listed below at the
following address:
Commission of the European Communities,
Division VIII/A/2,
Berlaymont 10/14,
Rue de la Loi, 200,
B-1049 Brussels.
Payment will be made in ECU.
The Commission will authorize payment within three
weeks after presentation of the relevant documents;
payment will be made by telex.
Documents required:
(a) a copy of the mate's receipt for the agreed quantity
of refined rape seed oil for shipment to Mombasa;
N o C 153/16 Official Journal of the European Communities 22.6.85

(b) the original of the certificate of control of the weight VI. Other provisions
and quality of the oil issued by the surveillance
If the successful tenderer is unable to fulfil his
agency appointed by the Commission;
obligations, he shall inform the Commission thereof and
(c) the original of the certificate of surveillance on
shall undertake to abide by the latter's instructions.
loading issued by the same agency;
(d) a statement signed by the successful tenderer, to the
effect that he has sent:
VII. Arbitration
copies of the documents referred to in (a), (b)
and (c) as well as a declaration regarding the Where a disagreement cannot be settled by amicable
characteristics of the delivery (product, quantity, arrangement, the Court of Justice of the European
ship, ports, timetable) to: Communities shall have jurisdiction in any disputes
arising from the performance, non-performance or
Commission Delegation in Burundi,
interpretation of the terms and conditions of this
By diplomatic bag (Berlaymont 1/123),
invitation to tender.
Rue de la Loi, 200,
B-1049 Brussels;
and to: The present tender is governed by the Incoterms of the
M. N. Schiitz BV, International Chamber of Commerce of Paris and, in
PO box 1438, default of sufficient elements in the Incoterms, by
NL-3000 BK Rotterdam. Belgian law.