CELEX: 31979R0698
Language: en
Date: 1979-04-06 00:00:00
Title: Commission Regulation (EEC) No 698/79 of 6 April 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

7 . 4 . 79                                  Official Journal of the European Communities                           No L 87/ 17
                                       COMMISSION REGULATION ( EEC) No 698 / 79
                                                            of 6 April 1979
              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                                         Whereas the award under the invitation to tender
COMMUNITIES ,                                                          must be made in favour of the tenderer offering the
                                                                       best terms ;
Having regard to the Treaty establishing the European
Economic Community,                                                    Whereas, should force majeure make it impossible to
                                                                       complete the operation in question within the time
Having regard to Council Regulation (EEC) No                           limits specified , it must be made clear who is to bear
2727/75 of 29 October 1975 on the common organiza­                     the liability for any resulting costs ;
tion of the market in cereals ('), as last amended by
Regulation (EEC) No 1 254/78 (2 ),                                     Whereas provision should be made for security to be
                                                                      given for the purpose of guaranteeing that the obliga­
Having regard to Council Regulation (EEC) No
                                                                       tions arising by virtue of participation in the invita­
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and
                                                                       tion to tender for supplies to the International
                                                                       Committee of the Red Cross will be fulfilled ;
in particular Article 6 thereof,
Having regard to Council Regulation No 129 on the                      Whereas the Belgian intervention agency should be
value of the unit of account and the exchange rates to                 made responsible for the tendering procedure ;
be applied for the purposes of the common agricul­
tural policy (4), as last amended by Regulation ( EEC)                 Whereas the Commission must be informed quickly
No 2543/73 (5), and in particular Article 3 thereof,                   of the tenders submitted in response to the invitation
                                                                       and of those accepted by the intervention agency ;
Having regard to the opinion of the Monetary
Committee ,                                                            Whereas the measures provided for in this Regulation
                                                                       are in accordance with the opinion of the Manage­
Whereas on 30 January 1978 the Council of the Euro­                    ment Committee for Cereals,
pean Communities declared that it proposed , by way
of Community action , to grant the equivalent of 1 500
tonnes of common wheat (in other words 993 tonnes
                                                                       HAS ADOPTED THIS REGULATION :
of common wheat flour) to the International
Committee of the Red Cross under its 1977 / 78 food­
aid programme ;
                                                                                                Article 1
Whereas pursuant to Article 3 (3) of Council Regula­
tion ( EEC) No 2750/75 the goods may be purchased                      1 . Tenders are hereby invited for the supply to the
anywhere on the Community market ;                                     International Committee of the Red Cross, by way of
                                                                       Community action , of 993 tonnes of common wheat
Whereas the proposed invitation to tender should be                    flour.
for supply of the products delivered to Port Sudan ,
that is at the moment when the goods are actually                      2. The tendering procedure shall take place in
placed on the dock or in the lighter where applicable ;                Belgium in two lots .
Whereas tenders may be submitted by tenderers esta­                    3 . The products shall be mobilized on the Commu­
blished in any Member State of the Community and"                      nity market.
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency                 4.     Shipment shall be from a Community port.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account                5 . The invitation to tender provided for in para­
should be taken of the effect on each tender of the                    graph 1 is for supply of products delivered to Port
currency situation in the Member State in which the                    Sudan , that is at the moment when the goods are actu­
customs export formalities will be completed ;                         ally placed on the dock or in the lighter where appli­
                                                                       cable .
('I  OJ  No L 281 , 1 . II . 1975 , p. 1 .
(2 ) OJ  No L 156, 14 . 6 . 1978 , p. 1 .                              6.     The successful tenderer shall deliver the product
(3 ) OJ  No L 281 , 1 . 11 . 1975 , p. 89 .
(<)  OJ  No 106, 30 . 10 . 1962, p. 2553/ 62.                          specified in paragraph 1 in new jute sacks lined with
 5)  OJ  No L 263 , 19 . 9 . 1973 , p . 1 .                            cotton sacks of a net capacity of 50 kilograms .
 ---pagebreak---   No L 87 / 18                      Ofticial Journal of the European Communities                              7 . 4 . 79
 On the sacks shall be printed a red cross, 15 x 15            — in the other cases, the average of the spot rates of
 cm , as well as the following :                                    the currencies concerned recorded in the Member
                                                                    State in which the invitation to tender is issued
' ER 49 / Wheat flour / Gift of the European Economic               during a period from the Wednesday of one week
 Community / Action of the International Committee                  to the Tuesday of the following week being the
of the Red Cross / For free distribution '.
                                                                    period immediately preceding the closing date for
                                                                    submission of tenders .
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the                                     Article 4
goods but with the printing followed by a capital
letter ' R '.
                                                              The contract shall be awarded to the tenderer offering
                                                               the best terms, taking into consideration the adjust­
                         Article 2                             ment referred to in Article 3 (3).
 1 . The decision on tenders received in response to           However, if the tenders submitted do not appear to
the invitation provided for in Article 1 shall be taken        reflect normal market prices and costs, the interven­
on 20 April 1979 .                                             tion agency may cancel the invitation to tender.
2.     The closing date for the submission of tenders
shall be 20 April 1979 at 12 noon .                                                    Article 5
3.     The    notice of  invitation to   tender shall  be      1 . The tenderer shall give security in an amount of
published in the Official Journal of the European              10 units of account per tonne of goods.
Communities not less than nine days before the
closing date for the submission of tenders .                  It shall be released :
                                                              — in the case of all tenderers whose tenders are
                         Article 3                                 unsuccessful or are not accepted ,
                                                              — in the case of the successful tenderer, when the
 1 . The prices offered must be expressed in the                   operations concerned have been carried out within
currency of the Member State in which the invitation               the prescribed time limit and on submission of
to tender was issued .
                                                                   the original export licence duly granted and
                                                                   endorsed by the competent authorities of the
2.     Tenders must in particular mention the Member               Member State mentioned in the tender pursuant
State in which the tenderer, in the event of his being             to Article 3 (2),
declared successful , expects to complete the customs
export formalities for the products concerned .               — in the case of the successful tenderer for quantities
                                                                   not supplied by reason of force majeure.
3.     For the purpose of rendering the tenders compar­
able, the prices shall , where appropriate, be corrected      2.      The security required under paragraph 1 may be
by the monetary compensatory amount applicable on             provided in the form of a cash deposit or of a
the closing date for submission of tenders to exports         guarantee issued by a credit institution conforming to
from    the Member State mentioned in the tender              criteria laid down by each Member State.
pursuant to paragraph 2. Such correction shall be
made by :
                                                                                       Article 6
— increasing prices which mention a Member State
     whose currency has depreciated ,                         1.     The common wheat flour referred to in Article 1
— reducing prices which mention a Member State                to be supplied to the International Committee of the
    whose currency has been revalued .                        Red Cross must meet the following requirements :
The monetary compensatory amount shall , where                — moisture : 14 % maximum ,
appropriate , be converted into the currency of the           — protein content : 1 0-5 % minimum (N x 6-25 on
Member State in which the invitation to tender is                  dry matter),
issued using :
                                                              — ash content : 0-52 % maximum referred to dry
— in the case when the currencies concerned are                    matter .
     kept at any given moment within a band of
     2*25 % , a conversion rate resulting from their          Flour not meeting these requirements shall be
    central rate ,                                            refused .
 ---pagebreak--- 7. 4 . 79                           Official Journal of the European Communities                            No L 87/ 19
2.     Tenders     for  supply   to   the    International    subparagraph of Article 3 (3) to the tenderer in the
Committee of the Red Cross of the common wheat                currency of the Member State in which the operations
flour referred to in Article 1 must relate to a product        relating to the tendering are completed .
with the following characteristics :
                                                               4.    The intervention agency shall ask that the
— moisture : 14% maximum ,                                     tenderer specifies the following information :
— protein content : 10-5 % minimum (N x 625 on                (a) after each shipment, a statement giving details of
    dry matter),                                                   the quantities loaded, the quality of the products
— ash content : 0-52 % maximum referred to dry                     and their packaging ;
     matter .
                                                              (b) the date of the departure of the ships and the
                                                                   expected date of arrival of the products at their
                         Article 7­                                destination ;
1 . The Belgian intervention agency shall be respon­          (c) all possible contingencies which might occur
sible for the operations relating to the invitation to             during transportation of the products .
tender provided for by this Regulation .                      The intervention agency shall transmit the informa­
2.     It shall forthwith communicate to the Commis­           tion provided for to the Commission as soon as it is
                                                               received .
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,         5. When the intervention agency responsible for
together with the name and business name of the                the operations relating to tendering is not the interven­
successful tenderer.
                                                               tion agency which appoints the successful tenderer, it
3 . Where the customs export formalities for the               shall send as soon as possible to the latter the informa­
mobilized product are completed in a Member State              tion necessary for releasing the security.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member                                    Article 8
State shall be responsible for the operations following        As regards this tender, the intervention agency is auth­
tendering, including payment to the successful ten­            orized to make an initial payment of 80 % of the
derer.
                                                               value of the quantity given in the bill of lading, on
In such case, the intervention agency choosing the             presentation of that document and subject to the
successful tenderer shall immediately inform the inter­        taking of a security for an amount equal to the initial
vention agency of the Member State concerned and               payment .
shall supply it with all the information which it may
require .                                                                               Article 9
Furthermore, the amount of the successful tender              This Regulation shall enter into force on the day of its
shall be paid after it has been converted using the            publication in the Official Journal of the European
average of the spot rates referred to in the second            Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 6 April 1979 .
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President