CELEX: 31975R1721
Language: en
Date: 1975-07-05 00:00:00
Title: Regulation (EEC) No 1721/75 of the Commission of 4 July 1975 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 174/ 8                            Official Journal of the European Communities                               5 . 7 . 75
                            REGULATION (EEC) No 1721 /75 OF THE COMMISSION
                                                        of 4 July 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 ( 1) 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 17 June 1975 the Commission of the                     tions laid down in Article 3 (2) of Council Regulation
European Communities declared that it proposed, by                No 129 (4) on the value of the unit of account and the
way of Community action , to grant the equivalent of              exchange rates to be applied for the purposes of the
91 metric tons of common wheat (in other words 60                 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 1973 / 74             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
                                                                  HAS ADOPTED THIS REGULATION :
for supply of the products delivered cif, that is 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            Community action , of 60 metric tons of common
situation in the Member States and in order to ensure             wheat flour.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender , of the             2. The tendering           procedure shall take place in
currency situation in the Member State in which the               Belgium in one lot.       The product shall be mobilized
customs exjport formalities will be completed ;                   on the Community           market. The products shall be
                                                                  loaded for departure      from any Community port.
Whereas the award under the invitation to tender
must be made in favour of the tenderer offering the               3 . The invitation to tender provided for in para­
best terms ;                                                      graph 1 is for supply of products delivered cif, that is
                                                                  at the moment when , the goods are actually placed on
Whereas, should force majeure make it impossible to               the dock or in the lighter where applicable.
complete the operation in question within the time
limits specified, it must be made clear who is to bear            The recipient country shall bear all costs subsequent
the liability for any resulting costs ;                           to delivery of the goods, including unloading costs on
                                                                  reception of the goods.
(•) OJ No 117, 19 . 6. 1967, p. 2269/67.
(4 OJ No L 72, 20. 3. 1975, p. 14.                                (4) OJ No 106, 30 . 10 . 1962, p. 2553/62 .
(*) OJ No L 178 , 5 . 8 . 1972, p. 3 .                            (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- 5 . 7 . 75                          Official Journal of the European Communities                          No L 174/9
Any possible demurrage costs or dispatch money at                  2-25 % , a conversion rate resulting from their
the port of unloading shall be a charge on or for the              central rate,
benefit of the International Committee of the Red
                                                              — in the other cases, the average of the spot rates of
Cross. The rates and detailed arrangements relating                the currencies concerned recorded in the Member
thereto laid down in the contract between the autho­               State in which the invitation to tender is issued
rized agent of the Community and the carrier must                  during a period from the Wednesday of one week
have been agreed upon in advance by the authorized                 to the Tuesday of the following week being the
agent and the receiving agent of the recipient country.            period immediately preceding the closing date for
                                                                   submission of tenders .
4. The successful tenderer shall deliver the product
specified in paragraph 1 cif to the port of Suva, in new
cotton sacks, having a net capacity of 50 kg.                                          Article 4
The following shall be printed on the sacks :                 The contract shall be awarded to the tenderer offering
'Wheat flour — Gift of the European Economic                  the best terms, taking into consideration the adjust­
Community — Free distribution .'                               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
                                                               tion agency may cancel the invitation to tender.
 1 . The decision on tenders received in response to
the invitation provided in Article 1 shall be taken on
                                                                                       Article 5
 18 July 1975.
2. The closing date for the submission of tenders              1 . The tenderer shall give security in an amount of
shall be 18 July 1975 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             — in the case of all tenderers whose tenders are
 Communities not less than nine days before the                    unsuccessful or are not accepted,
closing date for the submission of tenders.                   — in the case of the successful tenderer, when the
                                                                   operations concerned have been carried out within
                         Article 3                                 the prescribed time limit and on submission of
                                                                   the original export licence duly granted and
 1 . > The prices offered must be expressed in the                 endorsed by the competent authorities of the
currency of the Member State in which the invitation
to tender was issued .
                                                                   Member State mentioned in the tender pursuant
                                                                   to Article 3 (2),
2. Tenders must in particular mention the Member              — in the case of the successful tenderer for quantities
State in which the tenderer, in the event of his being             not supplied by reason of force majeure.
declared successful, expects to complete the customs
export formalities for the products concerned .                2. The security required under paragraph 1 may be
                                                               provided in the form of a cash deposit or of a
3.      For the purpose of rendering the tenders compar­      guarantee issued by a credit institution conforming to
able, the prices shall , where appropriate, be corrected       criteria laid down by each Member State.
by the monetary compensatory amount and the acces­
sion compensatory amount applicable on the closing                                     Article 6
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to               1.    The common wheat flour referred to in Article 1
paragraph 2.                                                   to be supplied to the International Committee of the
                                                               Red Cross must meet the following requirements :
Such correction shall be made by :
                                                              — moisture : 12% maximum ;
— increasing prices which mention a Member State
      whose currency has depreciated or a new Member          — protein content : 10-5 % minimum (N x 6-25 on
      State .                                                      dry matter) ;
— reducing prices which mention a Member State                — ash content : 0 52 % maximum referred to dry
                                                                    matter.
      whose currency has been revalued.
The monetary compensatory amount shall, where                  Flour not meeting these requirements shall be
                                                               refused .
appropriate, be converted into the currency of the
Member State in which the invitation to tender is
                                                               2.    Tenders     for  supply   to   the   International
issued using :                                                 Committee of the Red Cross of the common wheat
— in the case when the currencies concerned are                flour referred to in Article 1 must relate to a product
      kept at any given moment within a band of                with the following characteristics :
 ---pagebreak--- No L 174/ 10                       Official Journal of the European Communities                                5. 7. 75
— moisture : 1 2 % maximum ;                                 Furthermore, the amount of the successful tender
— protein content : 10-5 % minimum (N x 6-25 on              shall be paid after it has been converted using the
    dry matter) ;                                            average of the spot rates referred to in the second
— ash content : 0-52 % maximum referred to dry               subparagraph of Article 3 (3) to the tenderer in the
    matter.                                                  currency of the Member State in which the operations
                                                             relating to the tendering are completed.
                        Article 7                            4. The intervention agency shall ask that the
                                                             tenderer specifies the following information :
1 . The Belgian intervention agency shall be respon­
sible for the operations relating to the invitation to       (a) after each shipment, a statement giving details of
                                                                 the quantities loaded, the quality of the products
tender provided for by this Regulation .
                                                                 and their packaging ;
2.    It shall forthwith communicate to the Commis­          (b) the date of the departure of the ships, the expected
sion the list of firms which have responded to the invi­         date of arrival of the products at their destination ;
tation to tender, specifying the terms of each tender,       (c) all possible contingencies which might occur
together with the name and business name of the                  during transportation of the products.
sucessful tenderer.
                                                             The intervention agency shall transmit the informa­
3. Where the customs export formalities for the              tion provided for to the Commission as soon as it is
mobilized product are completed in a Member State            received .
other than that in which the invitation to tender is
                                                             5. When the intervention agency responsible for
issued, the intervention agency of the latter Member         the operations relating to tendering is not the interven­
State shall be responsible for the operations following      tion agency which appoints the successful tenderer, it
tendering, including payment to the successful               shall send as soon as possible to the latter the informa­
tenderer.
                                                             tion necessary for releasing the security.
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, 4 July 1975.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                   Member of the Commission