CELEX: 31979R1532
Language: en
Date: 1979-07-20 00:00:00
Title: Commission Regulation (EEC) No 1532/79 of 20 July 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the League of Red Cross Societies

No L 186/ 16                              Official Journal of the European Communities                            24 . 7 . 79
                                     COMMISSION REGULATION (EEC) No 1532/79
                                                           of 20 July 1979
               opening an invitation to tender for the mobilization of common wheat flour as
                                       food aid for the League of Red Cross Societies
THE COMMISSION OF THE EUROPEAN                                       Whereas provision should be made for security to be
 COMMUNITIES,                                                        given to guarantee fulfilment of the obligations arising
                                                                     by virue of participation in the invitation to tender ;
 Having regard to the Treaty establishing the European
 Economic Community,                                                 Whereas the Italian intervention agency should be
                                                                     made responsible for the tendering procedure in ques­
 Having regard to Council Regulation (EEC) No                        tion ;
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals ('), as last amended by               Whereas the Commission must be informed quickly
 Regulation (EEC) No 1254/78 (2),                                    of the tenders submitted in response to the invitation
                                                                     and of those accepted by the intervention agency ;
 Having regard to Council Regulation (EEC) No
 2750/75 of 29 October 1975 laying down the condi­
                                                                     Whereas the measures provided for in this Regulation
 tions for the mobilization of cereals as food aid (3), and
                                                                     are in accordance with the opinion of the Manage­
 in particular Article 6 thereof,                                    ment Committee for Cereals,
 Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to
 be applied for the purposes of the common agricul­                  HAS ADOPTED THIS REGULATION :
 tural policy (4), as last amended by Regulation (EEC)
 No 2543/73 (5), and in particular Article 3 thereof,
                                                                                            Article 1
 Having regard to the opinion of the Monetary
 Committee ,
                                                                      1 . Tenders are hereby invited for the supply to the
Whereas on 8 May 1979 the Council of the European                    League of Red Cross Societies, by way of Community
 Communities declared that it proposed, by way of                    food-aid action , of 100 tonnes of common wheat
                                                                     flour.
 Community action , to grant the equivalent of 151
 tonnes of common wheat (in other words 100 tonnes
of common wheat flour) to the League of Red Cross                    2. The tendering procedure shall take in Italy in
 Societies under its 1978/79 food-aid programme ;                    one lot. The product shall be mobilized on the
                                                                     Community market. The product shall be loaded for
Whereas pursuant to Article 3 (3) of Council Regula­                 departure from any Community port.
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;                                  3 . The invitation to tender provided for in para­
                                                                     graph 1 is for supply of products delivered Kigali .
Whereas the proposed invitation to tender should be
 for supply of the products delivered Kigali ;                       4. The successful tenderer shall deliver the product
                                                                     specified in paragraph 1 in new jute sacks lined with
Whereas tenders may be submitted by tenderers esta­                  cotton sacks of a net capacity of 50 kilograms.
 blished in any Member State of the Community and
 may relate to products mobilized anywhere within                    Minimum weight of the sacks shall be 600 grams.
 those Member States ; whereas, in view of the currency
 situation in the Member States and in order to ensure
                                                                     On the sacks shall be printed a red cross, 15 x 15
 that the tenders are as comparable as possible, account             cm , as well as the following :
 should be taken of the effect on each tender of the
 currency situation in the Member State in which the                 ' Farine de froment tendre / Don de la Communauté
 customs export formalities will be completed ;                      économique européenne / Action de la Ligue des
                                                                     sociétés de la Croix-Rouge / Pour distribution gratuite
Whereas the award under the invitation to tender                     / Kigali '.
 must be made to the tenderer offering the best terms ;
                                                                     To allow for the possibility of re-bagging, the
(!) OJ  No  L 281 , 1 . 11 . 1975 , p. 1 .                           successful tenderer shall supply 2 % of new empty
(2) OJ  No  L 156, 14. 6. 1978 , p. 1 .                              sacks, of the same quality as those containing the
P)  OJ  No  L 281 , 1 . 11 . 1975, p. 89 .
(4) OJ  No  106, 30 . 10 . 1962, p . 2553 /62.                       goods but with the printing followed by a capital
  5 OJ  No  L 263, 19 . 9 . 1973, p. 1 .                             letter 'R '.
 ---pagebreak--- 24. 7. 79                           Official Journal of the European Communities                        No L 186/ 17
                         Article 2                                                      Article 5
1 . The decision on tenders received in response to            1 . The tenderer shall give security of an amount of
the invitation provided for in Article 1 shall be taken        12 ECU per tonne of goods.
on 3 August 1979 .
                                                              It shall be released :
2. The closing date for the submission of tenders
shall be 3 August 1979, at 12 noon .                          — in the case of all tenderers whose tenders are
                                                                   unsuccessful or are not accepted,
3.    The   notice  of   invitation  to  tender  shall be
                                                              — in the case of the successful tenderer, when the
published in the Official Journal of the European                  operations concerned have been carried out within
Communities not less than nine days before the
                                                                   the prescribed time limit and on submission of
closing date for the submission of tenders.                        the original export licence, duly granted and
                                                                   endorsed by the competent authorities of the
                         Article 3                                 Member State mentioned in the tender pursuant
                                                                   to Article 3 (2),
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation          — in the case of the successful tenderer, for quanti­
to tender was issued .                                             ties not supplied by reason of force majeure.
2. Tenders must in particular mention the Member              2. The security required under paragraph 1 may be
State in which the tenderer, in the event of his being        provided in the form of a cash deposit or of a
declared successful , expects to complete the customs         guarantee issued by a credit institution conforming to
export formalities for the products concerned .               criteria laid down by each Member State.
3.    For the purpose of rendering the tenders compar­
                                                                                        Article 6
able, the prices shall , where appropriate, be corrected
by the monetary compensatory amount applicable on              1.    The common wheat flour referred to in Article 1
the closing date for submission of tenders to exports
from   the Member State       mentioned in     the tender     to be supplied to the League of Red Cross Societies
pursuant to paragraph 2. Such correction shall be             must meet the following requirements :
made by :                                                     — moisture : 14 % maximum ,
— increasing prices which mention a Member State              — protein content : 10-5 % minimum (N x 6-25 on
    whose currency has depreciated,                                dry matter),
— reducing prices which mention a Member State                — ash content : 0-52 % maximum referred to dry
    whose currency has been revalued .                             matter .
The monetary compensatory amount shall, where                 Flour not meeting these requirements shall be
appropriate, be converted into the currency of the            refused .
Member State in which the invitation to tender is
issued using :                                                2.     Tenders for supply to the League of Red Cross
                                                              Societies of the common wheat flour referred to in
— in the case when the currencies concerned are
    kept at any given moment within a band of
                                                              Article 1 must relate to a product with the following
                                                              characteristics :
    2-25 % , a conversion rate resulting from their
    central rate ,                                            — moisture : 14 % maximum ,
— in other cases, the average of the spot rates of the        — protein content : 1 0-5 % minimum (N x 6-25 on
    currencies concerned recorded in the Member                    dry matter),
    State in which the invitation to tender is issued
                                                              — ash content : 0-52 % maximum referred to dry
    during a period from the Wednesday of one week                 matter .
    to the Tuesday of the following week being the
    period immediately preceding the closing date for
    submission of tenders .                                                             Article 7
                         Article 4                             1 . The Italian intervention agency shall be respon­
                                                              sible for organizing the invitation to tender provided
The contract shall be awarded to the tenderer offering        for by this Regulation .
the best terms, taking into consideration the adjust­
                                                              2.      It shall forthwith communicate to the Commis­
ment referred to in Article 3 (3).
                                                              sion the list of firms which have responded to the invi­
However, if the tenders submitted do not appear to            tation to tender, specifying the terms of each tender,
reflect normal prices and costs, the intervention             together with the name and business name of the
agency may cancel the invitation to tender.                   successful tenderer.
 ---pagebreak---  No L 186/ 18                      Official Journal of the European Communities                              24 . 7 . 79
 3 . Where the customs export formalities for the            (c) all possible contingencies which might occur
 mobilized product are completed in a Member State               during transportation of the products.
other than that in which the invitation to tender is
 issued, the intervention agency of the latter Member        The information indicated above shall be forwarded
State shall be responsible for the operations following      by the intervention agency to the Commission imme­
 tendering, including payment to the successful              diately upon receipt.
 tenderer.
                                                             5 . When the intervention agency responsible for
 In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­      the operations relating to tendering is not the interven­
vention agency of the Member State concerned and             tion agency which appoints the successful tenderer, it
                                                             shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may
require.
                                                             tion necessary for releasing the security.
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                  Article 8
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the         As regards this tender, the intervention agency is auth­
currency of the Member State in which the operations         orized to make an initial payment of 80 % of the
relating to the tendering are completed .                    value of the quantity given in the bill of lading, on
                                                             presentation of that document and subject to the
4. The intervention agency shall request the                 taking of a security for an amount equal to the initial
successful tenderer to supply the following informa­
tion :
                                                             payment .
(a) after each shipment, a statement giving details of
     the quantities loaded, the quality of the products                              Article 9
     and the type of packing ;
(b) the date of the departure of the ships ; the esti­       This Regulation shall enter into force on the day of its
     mated date of arrival of the products at their desti­   publication in the Official Journal of the European
     nation ;                                                Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 20 July 1979 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President