CELEX: 31979R1190
Language: en
Date: 1979-06-15 00:00:00
Title: Commission Regulation (EEC) No 1190/79 of 15 June 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

No L 148 /38                            Official Journal of the European Communities                             16. 6. 79
                                     COMMISSION REGULATION (EEC) No 1190/79
                                                          of 15 June 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
 Having regard to Council Regulation (EEC) No                       complete the operation in question within the time
 2727/75 of 29 October 1975 on the common organiza­                  limits specified, it must be made clear who is to bear
 tion of the market in cereals ( !), as last amended by              the liability for any resulting costs ;
 Regulation (EEC) No 1 254/78 (2),
                                                                    Whereas provision should be made for security to be
 Having regard to Council Regulation (EEC) No                       given for the purpose of guaranteeing that the obliga­
 2750/75 of 29 October 1975 laying down the condi­                   tions arising by virtue of participation in the invita­
 tions for the mobilization of cereals as food aid (3), and         tion to tender for supplies to the International
 in particular Article 6 thereof,                                    Committee of the Red Cross will be fulfilled ;
 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
 Having regard to the opinion of the Monetary                       and of those accepted by the intervention agency ;
 Committee,
                                                                    Whereas Council Regulation (EEC) No 652/79 of 29
 Whereas on 30 January 1978 the Council of the Euro­                March 1 979 (6) laid down the coefficient for
 pean Communities declared that it proposed, by way                 expressing amounts, fixed in units of account, in
 of Community action, to grant the equivalent of 800                 ECU ;
 tonnes of common wheat (in other words 530 tonnes
 of common wheat flour) to the International                        Whereas the measures provided for in this Regulation
 Committee of the Red Cross under its 1977/78 food­
                                                                    are in accordance with the opinion of the Manage­
 aid programme ;                                                    ment Committee for Cereals,
 Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;
                                                                     HAS ADOPTED THIS REGULATION :
 Whereas the proposed invitation to tender should be
 for supply of the products delivered to Ashdod, that is
 at the moment when the goods are actually placed on                                         Article 1
 the dock or in the lighter where applicable ;
 Whereas tenders may be submitted by tenderers esta­                 1 . Tenders are hereby invited for the supply to the
 blished in any Member State of the Community and                   International Committee of the Red Cross, by way of
 may relate to products mobilized anywhere within                   Community action, of 530 tonnes of common wheat
                                                                    flour.
 those Member States ; whereas, in view of the currency
 situation in the Member States and in order to ensure
 that the tenders are as comparable as possible, account            2. The tendering procedure shall take place in
 should be taken of the effect on each tender of the                Belgium in one lot.
 currency situation in the Member State in which the
 customs export formalities will be completed ;                     3. The products shall be mobilized on the Commu­
                                                                    nity market.
( i ) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978 , p. 1 .
h) OJ No L 281 , 1 . 11 . 1975, p. 89.                              4.     Shipment shall be from a Community port.
(4) OJ No 106, 30. 10 . 1962, p . 2553/62.
(5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .                           (6) OJ No L 84, 4. 4. 1979, p. 1 .
 ---pagebreak---  16 . 6 . 79                       Official Journal of the European Communities                       No L 148 / 39
5. The invitation to tender provided for in para­            — reducing prices which mention a Member State
graph 1 is for supply of products delivered to Ashdod,            whose currency has been revalued.
that is at the moment when the goods are actually
placed on the dock or in the lighter where applicable.
                                                             The monetary compensatory amount shall, where
                                                             appropriate, be converted into the currency of the
6. The successful tenderer shall deliver the product         Member State in which the invitation to tender is
specified in paragraph 1 in new jute sacks lined with        issued using :
cotton sacks of a net capacity of 50 kilograms.
                                                             — in the case when the currencies concerned are
On the sacks shall be printed a red cross, 15 x 15                kept at any given moment within a band of
cm , as well as the following :                                   2-25 % , a conversion rate resulting from their
                                                                  central rate,
'Wheat flour / Gift of the European Economic
Community / Action of the International Committee            — in the other cases, the average of the spot rates of
of the Red Cross / For free distribution .'                       the currencies concerned recorded in the Member
                                                                  State in which the invitation to tender is issued
                                                                  during a period from the Wednesday of one week
To allow for the possibility of re-bagging, the
                                                                  to the Tuesday of the following week being the
successful tenderer shall supply 2 % of new empty                 period immediately preceding the closing date for
sacks, of the same quality as those containing the                submission of tenders .
goods but with the printing followed by a capital
letter ' R'.
                                                                                     Article 4
                         Article 2
                                                             The contract shall be awarded to the tenderer offering
 1.     The decision on tenders received in response to       the best terms, taking into consideration the adjust­
the invitation provided for in Article 1 shall be taken       ment referred to in Article 3 (3).
on 28 June 1979 .
2. The closing date for the submission of tenders             However, if the tenders submitted do not appear to
                                                              reflect normal market prices and costs, the interven­
shall be 28 June 1979 at 12 noon.
                                                              tion agency may cancel the invitation to tender.
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                                      Article 5
closing date for the submission of tenders.
                                                              1 . The tenderer shall give security in an amount of
                                                              12 ECU per tonne of goods.
                         Article 3
                                                              It shall be released :
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation
to tender was issued .                                       — in the case of all tenderers whose tenders are
                                                                  unsuccessful or are not accepted,
 2. Tenders must in particular mention the Member            — in the case of the successful tenderer, when the
 State in which the tenderer, in the event of his being           operations concerned have been carried out within
 declared successful, expects to complete the customs             the prescribed time limit and on submission of
 export formalities for the products concerned.                   the original export licence duly granted and
                                                                  endorsed by the competent authorities of the
 3. For the purpose of rendering the tenders compar­              Member State mentioned in the tender pursuant
 able, the prices shall, where appropriate, be corrected          to Article 3 (2),
 by the monetary compensatory amount applicable on            — in the case of the successful tenderer for quantities
 the closing date for submission of tenders to exports            not supplied by reason of force majeure.
 from the Member State mentioned in the tender
 pursuant to paragraph 2. Such correction shall be
 made by :                                                    2. The security required under paragraph 1 may be
                                                              provided in the form of a cash deposit or of a
— increasing prices which mention a Member State             guarantee issued by a credit institution conforming to
      whose currency has depreciated,                         criteria laid down by each Member State.
 ---pagebreak--- No L 148/40                         Official Journal of the European Communities                              16. 6. 79
                         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% 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 % minimum (N x 6.25 on               subparagraph of Article 3 (3) to the tenderer in the
     dry matter),                                             currency of the Member State in which the operations
— ash content : 0.52 % 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 : 1 4 % maximum,                                       destination ;
— protein content : 10.5 % minimum (N x 6-25 on               (c) all possible contingencies which might occur
    dry matter,                                                   during transportation of the products.
— ash content : 0.52 % 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 Belgian intervention agency shall be respon­          the operations relating to tendering is not the interven­
sible for the operations relating to the invitation to        tion agency which appoints the successful tenderer, it
tender 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 ten­                                   Article 9
derer.
                                                              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, 15 June 1979.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President