CELEX: 31979R0306
Language: en
Date: 1979-02-16
Title: Commission Regulation (EEC) No 306/79 of 16 February 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 42/ 14                              Official Journal of the European Communities                            17 . 2 . 79
                                    COMMISSION REGULATION ( EEC) No 306/ 79
                                                      of 16 February 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 the French intervention agency should be
COMMUNITIES,                                                       made responsible for the tendering procedure in ques­
                                                                   tion ;
 Having regard to the Treaty establishing the European
 Economic Community,                                               Whereas the Commission must be informed quickly
                                                                   of the tenders submitted in response to the invitation
 Having regard to Council Regulation ( EEC) No                     and of those accepted by the intervention agency ;
 2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as last amended by              Whereas the measures provided for in this Regulation
Regulation ( EEC) No 1 254/78 (2),                                 are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and          HAS ADOPTED THIS REGULATION :
in particular Article 6 thereof,
Having regard to the opinion of the Monetary                                               Article 1
Committee,
                                                                    1 . Tenders are hereby invited for the supply to the
Whereas on 30 January 1978 the Council of the Euro­                 League of Red Cross Societies, by way of Community
pean Communities declared that it proposed, by way                  food-aid action , of 1 000 tonnes of common wheat
of Community action , to grant the equivalent of 1 510             flour.
tonnes of common wheat (in other words 1 000
 tonnes of common wheat flour) to the League of Red                2. The tendering procedure shall take place in
 Cross    Societies    under      its      1977/78    food-aid      France in one lot. The product shall be mobilized on
 programme ;                                                       the Community market. The product shall be loaded
                                                                   for departure from any Community port.
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                   3 . The invitation to tender provided for in para­
anywhere on the Community market ;                                 graph 1 is for supply of products to the dock, or in
                                                                   the lighter where applicable, in the port of Colombo.
Whereas the proposed invitation to tender should be
 for supply of the products to the dock or in the                  4. The successful tenderer shall deliver the product
lighter where applicable at the port of unloading ;                specified in paragraph 1 in new jute sacks of a net
                                                                   capacity of 68 058 kilograms.
Whereas tenders may be submitted by tenderers esta­
 blished in any Member State of the Community and                  Minimum weight of the sacks shall be 910 grams.
 may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency              5.    The following shall be printed on the sacks :
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account            'Wheat flour / Gift of the European Economic
should be taken of the effect on each tender of the                Community to Sri Lanka'.
currency situation in the Member State in which the
customs export formalities will be completed ;                     To allow for the possibility of re-bagging, the
                                                                   successful tenderer shall supply 2 % of new empty
Whereas the award under the invitation to tender                   sacks, of the same quality as those containing the
 must be made to the tenderer offering the best terms ;            goods but with the printing followed by a capital
                                                                   letter ' R \
Whereas provision should be made for security to be
given to guarantee fulfilment of the obligations arising                                   A rticle 2
by virtue of participation in the invitation to tender ;
(') OJ No L 281 , 1 . 11 . 1975, p . 1 .                            1 . The decision on tenders received in response to
(2) OJ No L 156, 14 . 6 . 1978 , p . 1 .                           the invitation provided for in Article 1 shall be taken
P ) OJ No L 281 , 1 . 11 . 1975, p . 89 .                          on 2 March 1979 .
 ---pagebreak--- 17 . 2 . 79                         Official Journal of the European Communities                         No L 42/ 15
2.     The closing date for the submission of tenders         It shall be released :
shall be 2 March 1979 at 12 noon .
                                                              — in the case of all tenderers whose tenders are
3.     The   notice of   invitation  to  tender  shall be          unsuccessful or are not accepted,
published in the Official Journal of the European             — in the case of the successful tenderer, when the
Communities not less than nine days before the                     operations concerned have been carried out within
closing date for the submission of tenders.                        the prescribed time limit and on submission of
                                                                   the original export licence, duly granted and
                         Article 3
                                                                   endorsed by the competent authorities of the
                                                                   Member State mentioned in the tender pursuant
1 . The prices offered must be expressed in the                    to Article 3 (2),
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         to be supplied to the League of Red Cross Societies
from     the Member State     mentioned    in  the tender     must meet the following requirements :
pursuant to paragraph 2. Such correction shall be             — moisture : 14 % maximum ,
made by :
                                                              — protein content : 10-5 % minimum (N x 6-25 on
— increasing prices which mention a Member State                   dry matter),
     whose currency has depreciated,                          — ash content : 0-52 % maximum referred to dry
— reducing prices which mention a Member State                     matter.
     whose currency has been revalued .
                                                              Flour not meeting these requirements shall be
The monetary compensatory amount shall, where                 refused .
appropriate, be converted into the currency of the
Member State in which the invitation to tender is             2.     Tenders for supply to the League of Red Cross
                                                              Societies of the common wheat flour referred to in
issued using :
                                                              Article 1 must relate to a product with the following
— in the case when the currencies concerned are               characteristics :
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their          — moisture : 14% maximum,
     central rate ,                                           — protein content : 10-5 % minimum (N x 6-25 on
— in other cases, the average of the spot rates of the             dry matter),
     currencies concerned recorded in the Member              — ash content : 0-52 % maximum referred to dry
     State in which the invitation to tender is issued             matter.
     during a period from the Wednesday of one week
     to the Tuesday of the following week being the                                     Article 7
     period immediately preceding the closing date for
     submission of tenders .                                   1 . The French intervention agency shall be respon­
                                                              sible for organizing the invitation to tender provided
                         Article 4
                                                              for by this Regulation .
                                                              2.      It shall forthwith communicate to the Commis­
The contract shall be awarded to the tenderer offering        sion the list of firms which have responded to the invi­
the best terms, taking into consideration the adjust­         tation to tender, specifying the terms of each tender,
ment referred to in Article 3 (3).                            together with the name and business name of the
                                                              successful tenderer.
However, if the tenders submitted do not appear to
reflect normal prices and costs, the intervention             3 . Where the customs export formalities for the
agency may cancel the invitation to tender.                   mobilized product are completed in a Member State
                                                              other than that in which the invitation to tender is
                         Article 5                            issued, the intervention agency of the latter Member
                                                              State shall be responsible for the operations following
1 . The tenderer shall give security of an amount of          tendering, including payment to the successful
10 units of account per tonne of goods .                      tenderer.
 ---pagebreak--- No L 42 / 16                      Official Journal of the European Communities                               17 . 2 . 79
In such case, the intervention agency choosing the           The information indicated above shall be forwarded
successful tenderer shall immediately inform the inter­      by the intervention agency to the Commission imme­
vention agency of the Member State concerned and             diately upon receipt.
shall supply it with all the information which it may
require .                                                    5. When the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
Furthermore, the amount of the successful tender             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                 Article 8
relating to the tendering are completed .
4. The intervention agency shall request the                 As regards this tender, the intervention agency is auth­
successful tenderer to supply the following informa­         orized to make an initial payment of 80 % of the
tion :                                                       value of the quantity given in the bill of lading, on
                                                             presentation of that document and subject to the
(a) after each shipment, a statement giving details of       taking of a security for an amount equal to the initial
    the quantities loaded, the quality of the products       payment .
    and the type of packing ;
(b) the date of the departure of the ships ; the esti­                               Article 9
    mated date of arrival of the products at their desti­
    nation ;                                                 This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
    during transportation of the products .                  Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 16 February 1979 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President