CELEX: 31975R1164
Language: en
Date: 1975-05-05 00:00:00
Title: Regulation (EEC) No 1164/75 of the Commission of 5 May 1975 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

6 . 5 . 75                                Official Journal of the European Communities                                No L 116/ 5
                              REGULATION ( EEC) No 1164/75 OF THE COMMISSION
                                                           of 5 May 1975
               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 provision should be made for security to be
COMMUNITIES,                                                        given for the purpose of guaranteeing that the obliga­
                                                                     tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European                tion to tender for supplies to the International
Economic Community ;                                                 Committee of the Red Cross will be fulfilled ;
Having regard to Council Regulation No 120 /                         Whereas the Belgian intervention agency should be
67/ EEC (') of 13 June 1967 on the common organiza­                  made responsible for the tendering procedure ;
tion of the market in cereals, as last amended by Regu­
lation ( EEC) No 665/ 75 (2) ;                                       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 ;
1 693/72 (3 ) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid , and              Whereas the Monetary Committee will be consulted ;
in particular Article 6 thereof ;                                    whereas, in view of the urgency, the measures envis­
                                                                     aged should be adopted in accordance with the condi­
Whereas on 14 May 1973 the Council of the Euro­                      tions laid down in Article 3 (2) of Council Regulation
pean Communities declared that it proposed, by way                   No 129 (4 ) on the value of the unit of account and the
of Community action , to grant the equivalent of 931                 exchange rates to be applied for the purposes of the
metric tons of common wheat (in other words 617                      common agricultural policy, as last amended by Regu­
metric tons of common wheat flour) to the Interna­                   lation (EEC) No 2543/73 (5 ), and in particular Article
tional Committee of the Red Cross under its 1972/ 73                 3 thereof ;
food-aid programme ;
                                                                     Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­                 are in accordance with the Opinion of the Manage­
tion ( EEC) No 1693/72 the goods may be purchased                     ment Committee for Cereals ,
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
for supply of the products delivered cif, that is at the              HAS ADOPTED THIS REGULATION :
moment when the goods are actually placed on the
dock or in the lighter where applicable ;
                                                                                                  Articlc 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                      1 . Tenders are hereby invited for the supply to the
may relate to products mobilized anywhere within                      International Committee of the Red Cross, by way of
those Member States ; whereas, in view of the currency                Community action , of 617 metric tons of common
situation in the Member States and in order to ensure                wheat flour, distributed as follows :
that the tenders are as comparable as possible , account
should be taken of the effect on each tender of the                  — 334 metric tons destined for Gaza-Sinai ( lot No
currency situation in the Member State in which the                         i );
customs export formalities will be completed ;                       — 283 metric tons destined for Cis-Jordan ( lot No 2).
Whereas the award under the invitation to tender                      2 . The tendering          procedure shall take place in
 must be made in favour of the tenderer offering the                  Belgium in two lots .      The product shall be mobilized
best terms ;                                                          on the Community           market. The products shall be
                                                                      loaded for departure      from any Community port .
Whereas , should force nntjenre make it impossible to
complete the operation in question within the time                    3.       The invitation to tender provided for in para­
 limits specified , it must be made clear who is to bear              graph 1 is for supply of products delivered cif, that is
 the liability for any resulting costs ;                              at the moment when the goods are actually placed on
                                                                      the dock or in the lighter where applicable .
(') O ) No 117 , 19 . 6 . 1 967 , p . 2269 / 67 .
(-') O'l No L 72, 20 . 3 . 1975, p. 14 .                              (4 ) OJ No 106, 30 . 10 . 1962, p . 2553 / 62 .
(') O'f No L 1 78 , 5. X. 1972, p . 3 .                               (5 ) Of No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak---  No L 116 / 6                       Official Journal of the European Communities                              6 . 5 . 75
The recipient country shall bear all costs subsequent         The monetary compensatory amount shall , where
to delivery of the goods, including unloading costs on        appropriate , be converted into the currency of the
reception of the goods .                                      Member State in which the invitation to tender is
                                                              issued using :
Any possible demurrage costs or dispatch money at
the port of unloading shall be a charge on or for the         — in the case when the currencies concerned are
benefit of the International Committee of the Red                  kept at any given moment within a band of
Cross . The rates and detailed arrangements relating               2-25 % , a conversion rate resulting from their
thereto laid down in the contract between the autho­               central rate ,
rized agent of the Community and the carrier must             — in the other cases, the average of the spot rates of
have been agreed upon in advance by the authorized                 the currencies concerned recorded in the Member
agent and the receiving agent of the recipient country.            State in which the invitation to tender is issued
                                                                   during a period from the Wednesday of one week
4. The successful tenderer shall deliver the product
                                                                   to the Tuesday of the following week being the
specified in paragraph 1 cif to the port of Ashdod , in
                                                                   period immediately preceding the closing date for
new cotton sacks, having a net capacity of 50 kg.                  submission of tenders .
On the sacks shall be printed a red cross, 15 x 15
cm , as well as the following :                                                        Article 4
'GS : Wheat flour — gift of the European Economic             The contract shall be awarded to the tenderer offering
Community — action of the International Committee             the best terms, taking into consideration the adjust­
of the Red Cross' (lot No 1 );                                ment referred to in Article 3 (3).
'WB : Wheat flour — gift of the European Economic
Community — action of the International Committee             However, if the tenders submitted do not appear to
of the Red Cross' (lot No 2).                                 reflect normal market prices and costs, the interven­
                                                              tion agency may cancel the invitation to tender.
                         Article 2
                                                                                       Article 5
 1 . The decision on tenders received in response to
the invitation provided in Article 1 shall be taken on         1.    The tenderer shall give security in an amount of
 16 May 1975 .                                                 10 units of account per metric ton of goods .
2.    The closing date for the submission of tenders          It shall be released :
shall be 16 May 1975 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
to tender was issued .
                                                              — in the case of the successful tenderer for quantities
                                                                   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
able, the prices shall , where appropriate, be corrected                              Article 6
by the monetary compensatory amount and the acces­
                                                              1.     The common wheat flour referred to in Article 1
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the            to be supplied to the International Committee of the
Member State mentioned in the tender pursuant to              Red Cross must meet the following requirements :
paragraph 2 .                                                 — moisture : 12% maximum ;
Such correction shall be made by :                            — protein content : 10-5% minimum (N x 6-25 on
                                                                  dry matter) ;
—- increasing prices which mention a Member State
     whose currency has depreciated or a new Member           — ash content : 0-52 % maximum referred to dry
                                                                  matter .
    State ,
— reducing prices which mention a Member State                Flour not      meeting these     requirements shall     be
    whose currency has been revalued .                        refused .
 ---pagebreak--- 6 . 5 . 75                            Official Journal of the European Communities                            No L 116/ 7
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, the expected
sible for the operations relating to the invitation to
tender provided for by this Regulation .                              date of arrival of the products at their 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,
                                                                 The intervention agency shall transmit the informa­
together with the name and business name of the
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                   tion necessary for releasing the security .
tenderer.
 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, 5 May 1975 .
                                                                            Eor the Com mission
                                                                              P.J. LARD1NOIS
                                                                        /Member of the Com m ission