CELEX: 31978R1655
Language: en
Date: 1978-07-14 00:00:00
Title: Commission Regulation (EEC) No 1655/78 of 14 July 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

15 . 7 . 78                             Official Journal of the European Communities                           No L 192/ 21
                                   COMMISSION REGULATION (EEC) No 1655/78
                                                         of 14 July 1978
               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 (EEC) No                      Whereas the Belgian intervention agency should be
 2727/75 of 29 October 1975 on the common organiza­                 made responsible for the tendering procedure ;
 tion of the market in cereals ('), as last amended by
 Regulation (EEC) No 1254/78 0,                                    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 ;
 2750/75 of 29 October 1975 laying down the condi­
 tions for the mobilization of cereals as food aid (3), 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 30 January 1978 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 on the value of the unit of account and the
of Community action, to grant the equivalent of 2 000              exchange rates to be applied for the purposes of the
tonnes of common wheat (in other words 1 324-5                     common agricultural policy (4), as last amended by
tonnes of common wheat flour) to the International                  Regulation (EEC) No 2543/73 (5), and in particular
 Committee of the Red Cross under its 1977/ 78 food­               Article 3 thereof ;
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 2750/75 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 to Ashdod, that is            HAS ADOPTED THIS REGULATION :
at the moment when the goods are actually placed on
 the dock or in the lighter where applicable ;
                                                                                               Article 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
situation in the Member States and in order to ensure              Community action , of 1324-5 tonnes of common
                                                                   wheat flour.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
currency situation in the Member State in which the                2. The tendering procedure shall take place in
customs export formalities will be completed ;                      Belgium in three lots.
Whereas the award under the invitation to tender                    3 . The products shall be mobilized on the Commu­
must be made in favour of the tenderer offering the                nity market.
best terms ;
                                                                   4.     Shipment shall be from a Community port.
Whereas, should force majeure make it impossible to
complete the operation in question within the time                 5. 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 to Ashdod,
the liability for any resulting costs ;                            that is at the moment when the goods are actually
                                                                    placed on the dock or in the lighter where applicable.
(') OJ No L 281 , 1 . 11 . 1975, p . 1 .
(') OJ No L 156, 14. 6. 1978 , p . 1 .                             (•») OJ No 106, 30 . 10 . 1962, p. 2553 /62.
(■') OI No L 281 , 1 . 11 . 1975, p . 89 .                         (5 ) OJ No L 263 , 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 192/22                         Official Journal of the European Communities                              15 . 7 . 78
6.    The successful tenderer will deliver the product        — in the case when the currencies concerned are
specified in paragraph 1 in new jute sacks lined with               kept at any given moment within a band of
cotton sacks of a net capacity of 50 kilograms.                     2-25 % , a conversion rate resulting from their
                                                                    central rate,
On the sacks shall be printed a red cross, 15 cm x 15         — in the other cases, the average of the spot rates of
cm, as well as the following :                                      the currencies concerned recorded in the Member
                                                                    State in which the invitation to tender is issued
"Wheat flour/Gift of the European Economic Commu­                   during a period from the Wednesday of one week
nity / Action of the International Committee of the                 to the Tuesday of the following week being the
Red Cross/ For free distribution '.
                                                                    period immediately preceding the closing date for
                                                                    submission of tenders.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the                                     Article 4
goods but with the printing followed by a capital
letter ' R '.                                                 The contract shall be awarded to the tenderer offering
                                                               the best terms, taking into consideration the adjust­
                                                               ment referred to in Article 3 (3).
                       Article 2
                                                               However, if the tenders submitted do not appear to
1 . The decision on teaders received in response to            reflect normal market prices and costs, the interven­
the invitation provided for in Article 1 shall be taken        tion agency may cancel the invitation to tender.
on 28 July 1978 .
2.    The closing date for the submission of tenders                                   Article 5
shall be 28 July 1978 at 12 noon .
                                                               1.     The tenderer shall give security in an amount of
3.    The notice of invitation       to tender shall be        10 units of account per tonne of goods.
published in the Official Journal of the European
                                                               It shall be released :
Communities not less than nine days before the
closing date for the submission of tenders.                   — in the case of all tenderers whose tenders are
                                                                    unsuccessful or are not accepted,
                       Article 3                              — in the case of the successful tenderer, when the
                                                                    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 formalities for the products concerned .
                                                               2. The security required under paragraph 1 may be
3. For the purpose of rendering the tenders com­               provided in the form of a cash deposit or of a
parable, the prices shall, where appropriate, be              guarantee issued by a credit institution conforming to
corrected by the monetary compensatory amount                  criteria laid down by each Member State.
applicable on the closing date for submission of
tenders to exports from the Member State mentioned
in the tender pursuant to paragraph 2.                                                 Article 6
Such correction shall be made by :                             1 ..   The common wheat flour referred to in Article 1
                                                               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
    State ,                                                   — moisture 1 2 % maximum,
— reducing prices which mention a Member State                 — protein content : 1 0-5 % minimum (N x 6-25 on
    whose currency has been revalued .                              dry matter),
                                                               — 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--- 15. 7. 78                           Official Journal of the European Communities                         No L 192/23
2.    Tenders     for   supply   to   the    International    subparagraph of Article 3 (3) to the tenderer in the
Committee of the Red Cross of the common wheat                currency of the Member State in which the operations
flour referred to in Article 1 must relate to a product       relating to the tendering are completed.
with the following characteristics :
                                                              4. The intervention agency shall ask that the
— moisture : 12% maximum,                                     tenderer specifies the following information :
— protein content : 1 0*5 % minimum (N x 6-25 on              (a) after each shipment, a statement giving details of
    dry matter),                                                  the quantities loaded, the quality of the products
— ash content : 0-52 % maximum referred to dry                    and their packaging ;
     matter.
                                                              (b) the date of the departure of the ships and the
                                                                  expected date of arrival of the products at their
                         Article 7                                destination ;
1 . The Belgian intervention agency shall be respon­          (c) all possible contingencies which might occur
sible for the operations relating to the invitation to            during transportation of the products.
tender provided for by this Regulation .                      The intervention agency shall transmit the informa­
2.    It shall forthwith communicate to the Commis­           tion provided for to the Commission as soon as it is
                                                              received .
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,        5. When the intervention agency responsible for
together with the name and business name of the               the operations relating to tendering is not the interven­
successful tenderer.
                                                              tion agency which appoints the successful tenderer, it
3. Where the customs export formalities for the               shall send as soon as possible to the latter the informa­
mobilized product are completed in a Member State             tion necessary for releasing the security.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member                                   Article 8
State shall be responsible for the operations following       As regards this tender the intervention agency is auth­
tendering, including payment to the successful                orized to make an initial payment of 80 % of the
tenderer.
                                                              value of the quantity given in the bill of lading on
In such case, the intervention agency choosing the            presentation of that document and subject to the
successful tenderer shall immediately inform the inter­       taking of a security for an amount equal to the initial
vention agency of the Member State concerned and              payment.
shall supply it with all the information which it may
require.                                                                               Article 9
Furthermore, the amount of the successful tender              This Regulation shall enter into force on the day of its
shall be paid after it has been converted using the           publication in the Official Journal of the European
average of the spot rates referred to in the second            Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 14 July 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President