CELEX: 31977R1371
Language: en
Date: 1977-06-24 00:00:00
Title: Commission Regulation (EEC) No 1371/77 of 24 June 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

No L 156/ 30                               Official Journal of the European Communities                           25 . 6 . 77
                                      COMMISSION REGULATION ( EEC) No 1371 /77
                                                           of 24 June 1977
              opening an invitation to tender for the mobilization of common wheat flour as
                              food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN                                       tions arising by virtue of participation in the invita­
COMMUNITIES,                                                         tion to tender for supplies to the International
                                                                     Committee of the Red Cross will be fulfilled ;
Having regard to the Treaty establishing the European
Economic Community,                                                  Whereas the Belgian intervention agency should be
                                                                     made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                   Whereas the Commission must be informed quickly
tion of the market in cereals ('), as last amended by                of the tenders submitted in response to the invitation
Regulation (EEC) No 3138 /76 (2 ),                                   and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                         Whereas the Monetary Committee will be consulted ;
2750/75 of 29 October 1975 laying down the condi­
                                                                     whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid (3), and
                                                                     aged should be adopted in accordance with the condi­
in particular Article 6 thereof,
                                                                     tions laid down in Article 3 (2) of Council Regulation
Whereas on 8 February 1977 the Council of the Euro­                  No 129 on the value of the unit of account and the
pean Communities declared that it proposed, by way                   exchange rates to be applied for the purposes of the
of Community action , to grant the equivalent of 600                 common agricultural policy (4), as last amended by
tonnes of common wheat (in other words 397 tonnes                    Regulation (EEC) No 2543/73 (5), and in particular
of common wheat flour) to the International                          Article 3 thereof ;
Committee of the Red Cross under its 1976/ 77 food­
aid programme ;                                                      Whereas the measures provided for in this Regulation
                                                                     are in accordance with the opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­                 ment Committee for Cereals,
tion ( EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products delivered to Port Sudan ,
that is at the moment when the goods are actually                                                Article 1
placed on the dock or in the lighter where applicable ;
Whereas tenders may be submitted by tenderers esta­                   1 . Tenders are hereby invited for the supply to the
blished in any Member State of the Community and                     International Committee of the Red Cross, by way of
may relate to products mobilized anywhere within                     Community action , of 397 tonnes of common wheat
                                                                     flour.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
                                                                     2. The tendering procedure shall take place in
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
                                                                     Belgium in two lots of 198-5 tonnes each .
currency situation in the Member State in which the                  3 . The products shall be mobilized on the Commu­
customs export formalities will be completed ;                       nity market.
Whereas the award under the invitation to tender
                                                                     4.     Shipment shall be from a Community port.
must be made in favour of the tenderer offering the
best terms ;
                                                                     5. The invitation to tender provided for in para­
Whereas, should force majeure make it impossible to                  graph 1 is for supply of products delivered to Port
complete the operation in question within the time                   Sudan , that is at the moment when the goods are actu­
limits specified, it must be made clear who is to bear               ally placed on the dock or in the lighter where appli­
                                                                     cable .
the liability for any resulting costs ;
Whereas provision should be made for security to be                  6. The successful tenderer shall deliver the product
given for the purpose of guaranteeing that the obliga­               specified in paragraph 1 in new jute sacks lined with
                                                                     cotton sacks of a net capacity of 50 kilograms.
(') OJ No L 281 , 1 . 1 1 . 1975 , p . 1 .
(2 ) OJ No L 354, 24. 12. 1976, p . 1 .                              O OJ No 106, 30 . 10 . 1962, p . 2553 / 62 .
(3 ) OJ No L 281 , 1 . 1 1 . 197.S , p . 89 .                        (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak---   25 . 6 . 77                         Official Journal of the European Communities                        No L 156/31
  On the sacks shall be printed a red cross, 15 x 15             — in the case when the currencies concerned are
  cm, as well as the following :                                      kept at any given moment within a band of
   Lot 1 :                                                            2-25 % , a conversion rate resulting from their
                                                                      central rate ,
  Wheat flour/Gift of the European Economic                      — in the other cases, the average of the spot rates of
  Community/Action of the International Committee of                  the currencies concerned recorded in the Member
  the Red Cross/ For free distribution '.                             State in which the invitation to tender is issued
   Lot 2 :                                                            during a period from the Wednesday of one week
                                                                      to the Tuesday of the following week being the
  Wheat flour/Gift of the European Economic Commu­                    period immediately preceding the dosing date for
  nity/Action of the International Committee of the                   submission of tenders .
  Red Cross/ For free distribution '.
 To allow for the possibility of re-bagging, the                                         Article 4
 successful tenderer shall supply 2 % of new empty
 sacks, of the same quality as those containing the              The contract shall be awarded to the tenderer offering
 goods but with the printing followed by a capital               the best terms, taking into consideration the adjust­
  letter ' R '.                                                  ment referred to in Article 3 (3).
                          Article 2                              However, if the tenders submitted do not appear to
                                                                 reflect normal market prices and costs, the interven­
  1 . The decision on tenders received in response to            tion agency may cancel the invitation to tender.
 the invitation provided for in Article 1 shall be taken
 on 8 July 1977.
                                                                                         Article 5
 2. The closing date for the submission of tenders
 shall be 8 July 1977 at 12 noon .                               1 . The tenderer shall give security in an amount of
                                                                 10 units of account per tonne of goods.
 3.     The     notice of invitation  to  tender shall  be
 published in the Official Journal of the European               It shall be released :
 Communities not less than nine days before the                 — in the case of all tenderers whose tenders are
 closing date for the submission of tenders.
                                                                     unsuccessful or are not accepted,
                                                                — in the case of the successful tenderer, when the
                          Article 3
                                                                     operations concerned have been carried out within
 1 . The prices offered must be expressed in the                     the prescribed time limit and on submission of
 currency of the Member State in which the invitation                the original export licence duly granted and
 to tender was issued .                                              endorsed by the competent authorities of the
                                                                     Member State mentioned in the tender pursuant
 2. Tenders must in particular mention the Member                    to Article 3 (2),
 State in which the tenderer, in the event of his being         — in the case of the successful tenderer for quantities
 declared successful, expects to complete the customs                not supplied by reason of force majeure.
export formalities for the products concerned.
                                                                2. The security required under paragraph 1 may be
 3.     For the purpose of rendering the tenders compar­
                                                                provided in the form of a cash deposit or of a
able, the prices shall , where appropriate, be corrected        guarantee issued by a credit institution conforming to
by the monetary compensatory amount and the acces­
                                                                criteria laid down by each Member State .
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to                                        Article 6
paragraph 2.
                                                                1.     The common wheat flour referred to in Article 1
Such correction shall be made by :                              to be supplied to the International Committee of the
— increasing prices which mention a Member State                Red Cross must meet the following requirements :
      whose currency has depreciated or a new Member            — moisture : 1 2 % maximum ,
      State ,
                                                                — protein content : 10-5 % minimum (N x 6-25 on
— reducing prices which mention a Member State                       dry matter),
      whose currency has been revalued .
                                                               — ash content : 0-52 % maximum referred to dry
The monetary compensatory amount shall , where                       matter .
appropriate, be converted into the currency of the
Member State in which the invitation to tender k                Flour not meeting these requirements shall be
issued using :                                                  refused .
 ---pagebreak--- No L 156/32                         Official Journal of the European Communities                              25 . 6. 77
2.    Tenders     for   supply   to   the    International    Furthermore, the amount of the successful tender
Committee of the Red Cross of the common wheat                shall be paid after it has been converted using the
flour referred to in Article 1 must relate to a product       average of the spot rates referred to in the second
with the following characteristics :                          subparagraph of Article 3 (3) to the tenderer in the
— moisture : 12% maximum,                                     currency of the Member State in which the operations
                                                              relating to the tendering are completed.
— protein content : 10-5 % minimum (N x 6-25 on
    dry matter),                                              4. The intervention agency shall ask that the
— ash content : 0-52 % maximum referred to dry                tenderer specifies the following information :
    matter.
                                                              (a) after each shipment, a statement giving details of
                         Article 7
                                                                  the quantities loaded, the quality of the products
                                                                  and their packaging ;
1 . The Belgian intervention agency shall be respon­          (b) the date of the departure of the ships and the
sible for the operations relating to the invitation to            expected date of arrival of the products at their
tender provided for by this Regulation .                          destination ;
2.    It shall forthwith communicate to the Commis­           (c) all possible contingencies which might occur
sion the list of firms which have responded to the invi­          during transportation of the products.
tation to tender, specifying the terms of each tender,
together with the name and business name of the               The intervention agency shall transmit the informa­
successful tenderer.                                          tion provided for to the Commission as soon as it is
                                                              received .
3. Where the customs export formalities for the
mobilized product are completed in a Member State             5 . When the intervention agency responsible for
other than that in which the invitation to tender is          the operations relating to tendering is not the interven­
issued, the intervention agency of the latter Member          tion agency which appoints the successful tenderer, it
State shall be responsible for the operations following       shall send as soon as possible to the latter the informa­
tendering, including payment to the successful ten­           tion necessary for releasing the security.
derer.
In such case, the intervention agency choosing the                                    Article 8
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and              This Regulation shall enter into force on the day of its
shall supply it with all the information which it may          publication in the Official Journal of the European
require.                                                       Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 24 June 1977.
                                                                         For the Commission
                                                                          Guido BRUNNER
                                                                    Member of the Commission