CELEX: 31976R1722
Language: en
Date: 1976-07-16 00:00:00
Title: Commission Regulation (EEC) No 1722/76 of 16 July 1976 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

17. 7. 76                              Official Journal of the European Communities                         No L 193/9
                                  COMMISSION REGULATION (EEC) No 1722/76
                                                        of 16 July 1976
               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                                    limits specified, it must be made clear who is to bear
COMMUNITIES,                                                      the liability for any resulting costs ;
Having regard to the Treaty establishing the European             Whereas provision should be made for security to be
Economic Community,                                               given for the purpose of guaranteeing that the obliga­
                                                                  tions arising by virtue of participation in the invita­
Having regard to Council Regulation (EEC) No                      tion to tender for supplies to the International
2727/75 of 29 October 1975 on the common organiza­                Committee of the Red Cross will be fulfilled ;
tion of the market in cereals ( !), as amended by Regula­
tion (EEC) No 11 43/76 (2),                                       Whereas the Belgian intervention agency should be
                                                                  made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                 Whereas the Commission must be informed quickly
tions for the mobilization of cereals as food aid (3), and        of the tenders submitted in response to the invitation
in particular Article 6 thereof,                                  and of those accepted by the intervention agency ;
Whereas on 25 March 1976 the Council of the Euro­                 Whereas the Monetary Committee will be consulted ;
                                                                  whereas, in view of the urgency, the measures envis­
 pean Communities declared that it proposed, by way               aged should be adopted in accordance with the condi­
of Community action, to grant the equivalent of 6 342
 metric tons of common wheat (in other words 4 200
                                                                  tions laid down in Article 3 (2) of Council Regulation
                                                                  No 129 (4) on the value of the unit of account and the
 metric tons of common wheat flour) to the Interna­
 tional Committee of the Red Cross under its 1975/76              exchange rates to be applied for the purposes of the
 food-aid programme ;                                             common agricultural policy, as last amended by Regu­
                                                                  lation (EEC) No 2543/73 (5), and in particular Article
                                                                  3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                  Whereas the measures provided for in this Regulation
anywhere on the Community market ;                                are in accordance with the opinion of the Manage­
                                                                  ment Committee for Cereals,
Whereas the proposed invitation to tender should be
 for supply of the products delivered to Ashdod, Aqaba
 or Valparaiso, that is at the moment when the goods
 are actually placed on the dock or in the lighter where          HAS ADOPTED THIS REGULATION :
 applicable ;
                                                                                            Article 1
Whereas tenders may be submitted by tenderers esta­
 blished in any Member State of the Community and
 may relate to products mobilized anywhere within                  1 . Tenders are hereby invited for the supply to the
 those Member States ; whereas, in view of the currency           International Committee of the Red Cross, by way of
situation in the Member States and in order to ensure             Community action, of 4 200 metric tons of common
 that the tenders are as comparable as possible, account          wheat flour, distributed as follows :
 should be taken of the effect on each tender of the
                                                                  — 2 700 metric tons destined for Cis-Jordan and
currency situation in the Member State in which the                    Gaza-Sinai (lots 1 , 2 and 3),
customs export formalities will be completed ;
                                                                  — 1 000 metric tons destined for Jordan (lots 4 and
Whereas the award under the invitation to tender                       5.
 must be made in favour of the tenderer offering the              — 500 metric tons destined for Chile (lot 6).
 best terms ;
                                                                  2. The tendering         procedure shall take place in
Whereas, should force majeure make it impossible to                Belgium in six lots.   The product shall be mobilized
complete the operation in question within the time                on the Community         market. The products shall be
                                                                  loaded for departure     from any Community port.
(•) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ Nò L 130, 19. 5. 1976, p. 1 .                              (4) OJ No 106, 30. 10. 1962, p. 2553/62.
(>) OJ No L 281 , 1 . 11 . 1975, p. 89.                           (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 193/ 10                       Official Journal of the European Communities                            17. 7. 76
3.     The invitation to tender provided for in para­        — in the case when the currencies concerned are
graph 1 is for supply of products delivered Ashdod,               kept at any given moment within a band of
Aqaba or Valparaiso, that is at the moment when the               2-25 % , a conversion rate resulting from their
goods are actually placed on the dock or in the lighter           central rate,
where applicable.                                            — in the other cases, the average of the spot rates of
4.     The    successful  tenderer   shall   deliver the          the currencies concerned recorded in the Member
                                                                  State in which the invitation to tender is issued
products in new cotton sacks of a net capacity of 50
kg­                                                               during a period from the Wednesday of one week
                                                                   to the Tuesday of the following week being the
On the sacks shall be printed a red cross, 15 x 15                 period immediately preceding the closing date for
cm, as well as the following :                                     submission of tenders .
'Wheat flour / Gift of the European Economic
Community / Action of the International Committee                                     Article 4
of the Red Cross / for free distribution .'
'Harina de trigo / Donacion de las Comunidades Euro­         The contract shall be awarded to the tenderer offering
peas / Acción del Comité Internacional de la Cruz             the best terms, taking into consideration the adjust­
Roía / por distribución gratuita.'                            ment referred to in Article 3 (3).
                                                              However, if the tenders submitted do not appear to
                         Article 2
                                                              reflect normal market prices and costs, the interven­
 1 . The decision on tenders received in response to          tion agency may cancel the invitation to tender.
 the invitation provided in Article 1 shall be taken on
 30 July 1976.                                                                        Article 5
 2. The closing date for the submission of tenders
                                                               1 . The tenderer shall give security in an amount of
 shall be 30 July 1976 at 12 noon.
                                                               10 units of account per metric ton of goods.
 3.    The    notice of invitation  to tender shall   be
                                                              It shall be released :
 published in the Official Journal of the European
 Communities not less than nine days before the               — in the case of all tenderers whose tenders are
 closing date for the submission of tenders.                       unsuccessful or are not accepted,
                                                              — in the case of the successful tenderer, when the
                         Article 3
                                                                   operations concerned have been carried out within
 1 . The prices offered must be expressed in the                    the prescribed time limit and on submission of
 currency of the Member State in which the invitation               the original export licence duly granted and
 to tender was issued.                                              endorsed by the competent authorities of the
                                                                    Member State mentioned in the tender pursuant
 2. Tenders must in particular mention the Member                   to Article 3 (2),
 State in which the tenderer, in the event of his being       — in the case of the successful tenderer for quantities
 declared successful, expects to complete the customs               not supplied by reason of force majeure.
 export formalizes for the products concerned.                 2. The security required under paragraph 1 may be
 3.     For the purpose of rendering the tenders compar­       provided in the form of a cash deposit or of a
 able, the prices shall, where appropriate, be corrected      guarantee issued by a credit institution conforming to
 by the monetary compensatory amount and the acces­           criteria laid down by each Member State.
 sion compensatory amount applicable on the closing
 date for submission of tenders to exports from the
 Member State mentioned in the tender pursuant to                                     Article 6
 paragraph 2.
                                                               1.     The common wheat flour referred to in Article 1
 Such correction shall be made by :                            to be supplied to the International Committee of the
 — increasing prices which mention a Member State              Red Cross must meet the following requirements :
      whose currency has depreciated or a new Member           — moisture : 1 2 % maximum,
      State,
                                                               — protein content : 10-5 % minimum (N x 6-25 on
 — reducing prices which mention a Member State                     dry matter),
      whose currency has been revalued.
                                                               — ash content : 0-52 % maximum referred to dry
 The monetary compensatory amount shall, where                      matter .
  appropriate, be converted into the currency of the
  Member State in which the invitation to tender is            Flour not meeting these requirements shall be
  issued using :                                               refused .
 ---pagebreak--- 17. 7. 76                          Official Journal of the European Communities                         No L 193/ 11
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 : 1 2 % 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           date of arrival of the products at their destination ;
tender provided for by this Regulation .
                                                             (c) all possible contingencies which might occur
2.    It shall forthwith communicate to the Commis­
                                                                 during transportation of the products.
sion the list of firms which have responded to the invi­
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              tion provided for to the Commission as soon as it is
sucessful tenderer.                                          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, 16 July 1976.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                   Member of the Commission
                                                                                                        J
 ---pagebreak--- No L 193 / 12                          Official Journal of the European Communities                                                     17. 7. 76
                    ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
 Numéro du lot     Port de débarquement          Tonnage à mettre en caf     Période d'embarquement             Inscription sur les sacs
  N. della partita     Porto di sbarco       Tonnellaggio da consegnare cif      Periodo d' imbarco               Iscrizione sui sacchi
  Nr. des Loses      Bestimmungshafen         Nach cif zu bringende Menge      Verschiffungszeitraum          Aufschrift auf den Säcken
 Partiets nummer         Lossehavn                Mængde til levering cif       Indskibningsperiode               Påskrift pi sækkene
     No of lot       Port of unloading                 Tonnage cif                Loading period               Inscription on the sacks
 Nr. van de partij   Haven van lossing        Cif aan te leveren hoeveelheid     Periode van laden              Melding op de zakken
          1          Ashdod                                900               15 . — 30 .      8 . 1976
                                                                                                       Wheat Flour / Gift of the Euro­
          2          Ashdod                                900               15 . — 30 . 10 . 1976
                                                                                                       pean Economic Community /
          3          Ashdod                                900               15 . — 30 . 12. 1976
                                                                                                       Action       of      the     International
                                                                                                       Committee of the Red Cross /
         4           Aqaba                                 500               15 . — 30 .      8 . 1976 For free distribution
          5          Aqaba                                 500               15 . — 30 . 10 . 1976
          6          Valparaiso                            500               15 . — 30 .      8 . 1976 Harina de trigo / Donación de La
                                                                                                       Comunidades Europeas / Acción
                                                                                                       del  Comité Internacional de la
                                                                                                       Cruz Roja / Por distribución
                                                                                                       gratuita