CELEX: 31980R1652
Language: en
Date: 1980-06-27 00:00:00
Title: Commission Regulation (EEC) No 1652/80 of 27 June 1980 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

28 . 6. 80                               Official Journal of the European Communities                         No L 163/41
                                   COMMISSION REGULATION (EEC) No 1652/80
                                                         of 27 June 1980
              opening an invitation to tender (or the mobilization of common wheat flour as
                             food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN                                     should be taken of the effect on each tender of the
COMMUNITIES,                                                       currency situation in the Member State in which the
                                                                   customs export formalities will be completed ;
Having regard to the Treaty establishing the European
Economic Community,                                                Whereas the award under the invitation to tender
                                                                   must be made in favour of the tenderer offering the
Having regard to Council Regulation (EEC) No                       best terms ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ( !), as last amended by             Whereas, should force majeure make it impossible to
Regulation (EEC) No 1547/79(2),                                    complete the operation in question within the time
                                                                   limits specified, it must be made clear who is to bear
Having regard to Council Regulation (EEC) No                       the liability for any resulting costs ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                   Whereas provision should be made for security to be
                                                                   given for the purpose of guaranteeing that the obliga­
                                                                   tions arising by virtue of participation in the invita­
Having regard to Council Regulation No 129 on the                  tion to tender for supplies to the International
value of the unit of account and the exchange rates to             Committee of the Red Cross will be fulfilled ;
be applied for the purposes of the common agricul­
tural policy (4), as last amended by Regulation (EEC)
No 2543/73 (5), and in particular Article 3 thereof,               Whereas the Italian intervention agency should be
                                                                   made responsible for organizing the invitation to
                                                                   tender ;
Having regard to the opinion of the Monetary
Committee,
                                                                   Whereas the Commission must be informed quickly
Whereas on 28 May 1980 the Council of the Euro­                    of the tenders submitted in response to the invitation
pean Communities declared that it proposed, by way                 and of those accepted by the intervention agency ;
of Community action, to grant the equivalent of 2 261
tonnes of common wheat (in other words 1 700                       Whereas the measures provided for in this Regulation
tonnes of common wheat flour) to the International                 are in accordance with the opinion of the Manage­
Committee of the Red Cross under its 1979 / 80 food­               ment Committee for Cereals,
aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
                                                                   HAS ADOPTED THIS REGULATION :
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
for supply of the products delivered to Ashdod, that is                                    Article 1
at the moment when the goods are actually placed on
the quay or in the lighter where applicable ;
                                                                    1 . Tenders are hereby invited for the supply to the
                                                                    International Committee of the Red Cross, by way of
Whereas tenders may be submitted by tenderers esta­                Community action, of 1 700 tonnes of common wheat
blished in any Member State of the Community and                   flour.
 may relate to products mobilized anywhere within
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 Italy
 that the tenders are as comparable as possible, account            in two lots :
(i ) OJ No L 281 , 1 . 11 . 1975, p. 1 .                            lot 1 : 1 200 tonnes ; lot 2 : 500 tonnes .
(^) OJ No L 188, 26. 7. 1979, p. 1 .
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.
(<) OJ No 106, 30. 10. 1962, p. 2553/62.                            3.    The products shall be mobilized on the Commu­
(5) OJ No L 263, 19. 9. 1973, p. 1 .                                nity market.
 ---pagebreak--- No L 163/42                        Official Journal of the European Communities                            28 . 6. 80
4.     Shipment shall be from a Community port.              — increasing prices which mention a Member State
                                                                  whose currency has depreciated,
5. The invitation to tender provided for in para­
graph 1 is for supply of products delivered to Ashdod,       — reducing prices which mention a Member State
that is at the moment when the goods are actually                 whose currency has been revalued.
placed on the quay or in the lighter where applicable.
                                                             The monetary compensatory amount shall, where
6. The successful tenderer shall deliver the product         appropriate, be converted into the currency of the
specified in paragraph 1 in new jute sacks lined with        Member State in which the invitation to tender is
cotton sacks of a net capacity of 50 kilograms (pre­         issued using :
slung 1-10 x 110 x 1 m).
                                                             — in the case when the currencies concerned are
Minimum weight of sacks shall be 600 grams.                       kept at any given moment within a band of
                                                                  2-25 % a conversion rate resulting from their
                                                                  central rate ,
On the sacks shall be printed a red cross, 15 x 15
cm, as well as the following :                               — in the other cases, the average of the spot rates of
                                                                  the currencies concerned recorded in the Member
'Wheat flour / Gift of the European Economic                      State in which the invitation to tender is issued
Community / Action of the International Committee                 during a period from the Wednesday of one week
of the Red Cross / For free distribution '.                       to the Tuesday of the following week being the
                                                                  period immediately preceding the closing date for
To allow for the possibility of re-bagging, the                   submission of tenders .
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the
goods but with the printing followed by a capital
letter 'R\                                                                           Article 4
                                                             The contract shall be awarded to the tenderer offering
                         Article 2                           the best terms, taking into consideration the adjust­
                                                             ment referred to in Article 3 (3).
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken       However, if the tenders submitted do not appear to
on 11 July 1980 .                                            reflect normal market prices and costs, the interven­
                                                             tion agency may cancel the invitation to tender.
2. The closing date for the submission of tenders
shall be 11 July 1980 at 12 noon .
                                                                                     Article 5
3.     The   notice of invitation   to tender shall   be
published in the Official Journal of the European
 Communities not less than nine days before the               1 . The tenderer shall give security in an amount of
closing date for the submission of tenders.                   12 ECU per tonne of goods.
                                                              It shall be released :
                         Article 3
                                                             — in the case of all tenderers whose tenders are
 1 . The prices offered must be expressed in the                  unsuccessful or are not accepted,
currency of the Member State in which the invitation          — in the case of the successful tenderer, when the
 to tender was issued .
                                                                  operations concerned have been carried out within
                                                                  the prescribed time limit and on submission of
 2. Tenders must in particular mention the Member                 the original export licence duly granted and
 State in which the tenderer, in the event of his being           endorsed by the competent authorities of the
 declared successful, expects to complete the customs             Member State mentioned in the tender pursuant
 export formalities for the products concerned.                   to Article 3 (2),
 3.    For the purpose of rendering the tenders compar­       — in the case of the successful tenderer for quantities
 able, the prices shall, where appropriate, be corrected           not supplied by reason of force majeure.
 by the monetary compensatory amount applicable on
 the closing date for submission of tenders to exports        2. The security required under paragraph 1 may be
 from the Member State mentioned in the tender                provided in the form of a cash deposit or of a
 pursuant to paragraph 2. Such correction shall be            guarantee issued by a credit institution conforming to
 made by :                                                    criteria laid down by each Member State.
 ---pagebreak--- 28 . 6 . 80                         Official Journal of the European Communities                          No L 163/43
                         Article 6                            vention agency of the Member State concerned and
 1.   The common wheat flour referred to in Article 1         shall supply it with all the information which it may
                                                              require.
to be supplied to the International Committee of the
Red Cross must meet the following requirements :               Furthermore, the amount of the successful tender
— moisture : 14-5 % maximum,                                  shall be paid after it has been converted using the
                                                              average of the spot rates referred to in the second
— protein content : 10-5 % (N x 6-25 on dry
                                                              subparagraph of Article 3 (3) to the tenderer in the
     matter),
                                                              currency of the Member State in which the operations
— ash content : 0-62 % maximum referred to dry                relating to the tendering are completed.
     matter.
                                                              4. The intervention agency shall ask that the
Flour not meeting these requirements shall be                 tenderer specifies the following information :
refused.
                                                              (a) after each shipment, a statement giving details of
2.    Tenders      for  supply   to   the    International        the quantities loaded, the quality of the products
Committee of the Red Cross of the common wheat                    and their packaging ;
flour referred to in Article 1 must relate to a product       (b) the date of the departure of the ships and the
with the following characteristics :                              expected date of arrival of the products at their
— moisture : 14-5% maximum,                                       destination ;
— protein content : 1 0-5 % minimum (N x 6-25 on              (c) all possible contingencies which might occur
    dry matter),                                                  during transportation of the products.
— ash content : 0-62 % maximum referred to dry                The intervention agency shall transmit the informa­
    matter.
                                                              tion provided for to the Commission as soon as it is
                                                              received .
                         Article 7
                                                              5. When the intervention agency responsible for
1 . The Italian intervention agency shall be respon­          the operations relating to tendering is not the interven­
sible for operations relating to the invitation to tender     tion agency which appoints the successful tenderer, it
provided for by this Regulation .                             shall send as soon as possible to the latter the informa­
2.    It shall forthwith communicate to the Commis­
                                                              tion necessary for releasing the security.
sion the list of firms which have responded to the invi­
                                                                                       Article 8
tation to tender, specifying the terms of each tender,
together with the name and business name of the               As regards this tender, the intervention agency is auth­
successful tenderer.
                                                              orized to make an initial payment of 80 % of the
3. Where the customs export formalities for the               value of the quantity given in the bill of lading, on
mobilized product are completed in a Member State             presentation of that document and subject to the
other than that in which the invitation to tender is          taking of a security for an amount equal to the initial
issued, the intervention agency of the latter Member          payment.
State shall be responsible for the operations following
tendering, including payment to the successful                                         Article 9
tenderer.
                                                              This Regulation shall enter into force on the day of its
In such case, the intervention agency choosing the            publication in the Official Journal of the European
successful tenderer shall immediately inform the inter­       Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 27 June 1980 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President