CELEX: 31979R2475
Language: en
Date: 1979-11-09 00:00:00
Title: Commission Regulation (EEC) No 2475/79 of 9 November 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 281 / 16                            Official Journal of the European Communities                           10 . 11 . 79
                                    COMMISSION REGULATION (EEC) No 2475/79
                                                       of 9 November 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                                     that the tenders are as comparable as possible, account
 COMMUNITIES,                                                       should be taken of the effect on each tender of the
                                                                    currency situation in the Member State in which the
 Having regard to the Treaty establishing the European              customs export formalities will be completed ;
 Economic Community,
                                                                    Whereas the award under the invitation to tender
 Having regard to Council Regulation (EEC) No                       must be made in favour of the tenderer offering the
 2727/75 of 29 October 1975 on the common organiza­                 best terms ;
 tion of the market in cereals ('), as last amended by
 Regulation (EEC) No 1547/79 0,                                     Whereas, should force majeure make it impossible to
                                                                    complete the operation in question within the time
 Having regard to Council Regulation (EEC) No                       limits specified, it must be made clear who is to bear
 2750/75 of 29 October 1975 laying down the condi­                  the liability for any resulting costs ;
 tions for the mobilization of cereals as food aid (3), and
 in particular Article 6 thereof,
                                                                    Whereas provision should be made for security to be
                                                                    given for the purpose of guaranteeing that the obliga­
 Having regard to Council Regulation No 129 on the                  tions arising by virtue of participation in the invita­
value of the unit of account and the exchange rates to              tion to tender for supplies to the International
 be applied for the purposes of the common agricul­                 Committee of the Red Cross will be fulfilled ;
 tural policy (4), as last amended by Regulation (EEC)
 No 2543/73 (5 ), and in particular Article 3 thereof,
                                                                    Whereas the Italian intervention agency should be
                                                                    made responsible for organizing the invitation to
 Having regard to the opinion of the Monetary                       tender ;
 Committee,
Whereas on 8 May 1979 the Council of the European                   Whereas the Commission must be informed quickly
 Communities declared that it proposed, by way of                   of the tenders submitted in response to the invitation
 Community action , to grant the equivalent of 2 300                and of those accepted by the intervention agency ;
 tonnes of common wheat (in other words 1 729
 tonnes of common wheat flour) to the International                 Whereas the measures provided for in this Regulation
 Committee of the Red Cross under its 1978 /79 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 Hon Ngu Bay,
 that is at the moment when the goods are actually                                          Article !
 placed on the quay or in the lighter where applicable ;
                                                                    1 . Tenders are hereby invited for the supply to the
Whereas tenders may be submitted by tenderers esta­                 International Committee of the Red Cross, by way of
blished in any Member State of the Community and                    Community action , of 1 729 tonnes of common wheat
may relate to products mobilized anywhere within                    flour.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
                                                                    2.     The tendering procedure shall take place in Italy
                                                                    in one lot.
(') OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ  No  L 188 , 26 . 7. 1979, p. 1 .
(3) OJ  No  L 281 , 1 . 11 . 1975, p. 89.
(4) OJ  No  106, 30. 10. 1962, p. 2553/62.                          3.     The products shall be mobilized on the Commu­
(5) OJ  No  L 263, 19. 9 . 1973, p. 1 .                             nity market.
 ---pagebreak---  10 . 11 . 79                      Official Journal of the European Communities                        No L 281 / 17
4.     Shipment shall be from a Community port.              — increasing prices which mention a Member State
                                                                  whose currency has depreciated,
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 Hon
                                                                  whose currency has been revalued .
Ngu Bay, that is at the moment when the goods are
actually placed on the quay 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
Minimum weight of sacks shall be 600 grams.                       kept at any given moment within a band of
                                                                  2-25 % a conversion rate resulting from their
                                                                  central rate ,
On the sacks shall be printed a red cross, 15 x 15
cm , as well as the following :                              — in the other cases, the average of the spot rates of
                                                                  the currencies concerned recorded in the Member
 VTNH-4 / Farine de froment / Don de la Commu­
                                                                  State in which the invitation to tender is issued
nauté économique européenne / Action du Comité                    during a period from the Wednesday of one week
international de la Croix-Rouge / À distribuer gratuite­          to the Tuesday of the following week being the
ment / Hon Ngu Bay'.                                              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
goods but with the printing followed by a capital                                    Artie c 4
letter ' R '.
                                                             The contract shall be awarded to the tenderer offering
                                                             the best terms, taking into consideration the adjust­
                        Article 2
                                                             ment referred to in Article 3 (3).
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken      However, if the tenders submitted do not appear to
on 23 November 1979 .                                        reflect normal market prices and costs, the interven­
                                                             tion agency may cancel the invitation to tender.
2.     The closing date for the submission of tenders
shall be 23 November 1979 at 12 noon .
                                                                                     Article 5
3.     The    notice of invitation  to  tender  shall be
published in the Official Journal of the European
                                                              1 . The tenderer shall give security in an amount of
Communities not less than nine days before the
                                                              12 ECU per tonne of goods.
closing date for the submission of tenders .
                                                             It shall be released :
                        Article 3
                                                             — in     the case of all tenderers whose tenders are
1 . The prices offered must be expressed in the                   unsuccessful or are not accepted ,
currency of the Member State in which the invitation         — in the case of the successful tenderer, when the
to tender was issued .                                            operations concerned have been carried out within
                                                                  the prescribed time limit and on submission of
2. Tenders must in particular mention the Member                  the original export licence duly granted and
State in which the tenderer, in the event of his being            endorsed by the competent authorities of the
declared successful , expects to complete the customs             Member State mentioned in the tender pursuant
export formalities for the products concerned .                   to Article 3 (2),
3.     For the purpose of rendering the tenders compar­      — in the case of the successful tenderer for quantities
able, the prices shall, where appropriate, be corrected           not supplied by reason of force majeure.
by the monetary compensatory amount applicable on
the closing date for submission of tenders to exports        2. The security required under paragraph 1 may be
from     the Member State    mentioned    in  the tender     provided in the form of a cash deposit or of a
pusuant to paragraph 2. Such correction shall be made        guarantee issued by a credit institution conforming to
by :                                                         criteria laid down by each Member State.
 ---pagebreak--- No L 281 / 18                       Official Journal of the European Communities                             10 . 11 . 79
                         Article 6                            ventjon agency of the Member State concerned and
1.    The common wheat flour referred to in Article 1
                                                              shall supply it with all the information whch 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 % (N x 6-25 on dry                   subparagraph of Article 3 (3) to the tenderer in the
     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 : 14 % 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
    matter.
                                                              The intervention agency shall transmit the informa­
                                                              tion provided for to the Commission as soon as it is
                                                              received .
                         Article 7
                                                              5. When the intervention agency responsible for
1 . The Italian intervention agency shall be respon­          the operations relating to tendering is not the interven­
sible for operations relating to the invitation to tender     tion agency which appoints the successful tenderer, it
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
tation to tender, specifying the terms of each tender,                                 Article 8
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                                         Article 9
tenderer.
                                                              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, 9 November 1979 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President