CELEX: 31979R1331
Language: en
Date: 1979-06-29 00:00:00
Title: Commission Regulation (EEC) No 1331/79 of 29 June 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the League of Red Cross Societies

30 . 6 . 79                             Official Journal of the European Communities                         No L 162/ 91
                                   COMMISSION REGULATION ( EEC) No 1331 /79
                                                         of 29 June 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 Italian 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 Council Regulation ( EEC) No 652/79 of 29
 Regulation (EEC) No 1 254/78 (2),                                  March 1 979 (4 ) laid down the coefficient for
                                                                   expressing amounts, fixed in units of account, in
 Having regard to Council Regulation ( EEC) No                      ECU ;
 2750/75 of 29 October 1975 laying down the condi­
 tions for the mobilization of cereals as food aid (3), and        Whereas the measures provided for in this Regulation
 in particular Article 6 thereof,                                  are in accordance with the opinion of the Manage­
                                                                    ment Committee for Cereals,
 Having regard to the opinion of the Monetary
 Committee,
                                                                    HAS ADOPTED THIS REGULATION :
 Whereas on 30 January 1978 the Council of the Euro­
 pean Communities declared that it proposed, by way
 of Community action, to grant the equivalent of 91                                          Article 1
 tonnes of common wheat (in other words 60 tonnes of
 common wheat flour) to the League of Red Cross                     1 . Tenders are hereby invited for the supply to the
 Societies under its 1977/78 food-aid programme ;                   League of Red Cross Societies, by way of Community
                                                                    food-aid action , of 60 tonnes of common wheat flour.
 Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased                  2.      The tendering procedure shall take place in Italy
 anywhere on the Community market ;                                 in one lot. The product shall be mobilized on the
                                                                   Community market. The product shall be loaded for
 Whereas the proposed invitation to tender should be               departure from any Community port.
 for supply of the products to the dock or in the
 lighter where applicable at the port of unloading ;               3 . The invitation to tender provided for in para­
                                                                   graph 1 is for supply of products to the dock, or in
 Whereas tenders may be submitted by tenderers esta­               the lighter where applicable, in the port of Suva.
 blished in any Member State of the Community and
 may relate to products mobilized anywhere within                  4. The successful tenderer shall deliver the product
 those Member States ; whereas, in view of the currency            specified in paragraph 1 in new jute sacks lined with
 situation in the Member States and in order to ensure             cotton sacks of a net capacity of 50 kilograms.
 that the tenders are as comparable as possible, account
 should be taken of the effect on each tender of the               Minimum weight of the sacks shall be 600 grams .
 currency situation in the Member State in which the
 customs export formalities will be completed ;                    5.      The following shall be printed on the sacks :
Whereas the award under the invitation to tender                   'Wheat flour / Gift of the European Economic
 must be made to the tenderer offering the best terms ;            Community to Fiji / For free distribution / Suva .'
Whereas provision should be made for security to be                To allow for the possibility of re-bagging, the
given to guarantee fulfilment of the obligations arising           successful tenderer shall supply 2 % of new empty
by virtue of participation in the invitation to tender ;           sacks, of the same quality as those containing the
                                                                   goods but with the printing followed by a capital
                                                                   letter ' R '.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14 . 6 . 1978 , p. 1 .
(3 ) OJ No L 281 , I. 11 . 1975, p. 89 .                           (4 ) OJ No L 84, 4. 4 . 1979 , p. 1 .
 ---pagebreak--- No L 162/ 92                        Official Journal of the European Communities                            30 . 6 . 79
                         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 13 July 1979 .
                                                              It shall be released :
2. The closing date for the submission of tenders
shall be 13 July 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 compete 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
                                                              must meet the following requirements :
pursuant to paragraph 2. Such correction shall be
made by :                                                     — moisture : 14% maximum ,
— increasing prices which mention a Member State              — protein content : 1 0-5 % 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
    ccntral 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--- 30 . 6 . 79                        Official Journal of the European Communities                         No L 162/ 93
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
                                                             the operations relating to tendering is not the interven­
successful tenderer shall immediately inform the inter­
                                                             tion agency which appoints the successful tenderer, it
vention agency of the Member State concerned and             shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may        tion necessary for releasing the security.
require .
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 tlu 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         payment .
tion :
(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, 29 June 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President