CELEX: 31977R1318
Language: en
Date: 1977-06-20 00:00:00
Title: Commission Regulation (EEC) No 1318/77 of 20 June 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

21 . 6. 77                              Official Journal of the European Communities                         No L 152/ 11
                                    COMMISSION REGULATION (EEC) No 1318/77
                                                         of 20 June 1977
               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 virute 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 last amended by
 Regulation (EEC) No 3138/76 (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 8 February 1977 the Council of the Euro­                Whereas the Monetary Committee will be consulted ;
 pean Communities declared that it proposed, by way                 whereas, in view of the urgency, the measures envis­
 of Community action, to grant the equivalent of 5 275              aged should be adopted in accordance with the condi­
 tonnes of common wheat (in other words 3 493                       tions laid down in Article 3 (2) of Council Regulation
 tonnes of common wheat flour) to the International                 No 129 (4) on the value of the unit of account and the
 Committee of the Red Cross under its 1976/77 food­                 exchange rates to be applied for the purposes of the
 aid programme ;                                                    common agricultural policy, as last amended by Regu­
                                                                    lation (EEC) No 2543/73 (5), and in particular Article
 Whereas pursuant to Article 3 (3) of Council Regula­               3 thereof ;
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;                                Whereas the measures provided for in this Regulation
                                                                    are in accordance with the opinion of the Manage­
 Whereas the proposed invitation to tender should be                ment Committee for Cereals,
 for supply of the products delivered to Ashdod and
 Aqaba, that is at the moment when the goods are actu­
 ally placed on the dock or in the lighter where appli­
 cable ;                                                            HAS ADOPTED THIS REGULATION :
 Whereas tenders may be submitted by tenderers esta­
 blished in any Member State of the Community and                                            Article 1
 may relate to products mobilized anywhere within
 those Member States ; whereas, in view of the currency
 situation in the Member States and in order to ensure              1 . Tenders are hereby invited for the supply to the
 that the tenders are as comparable as possible, account            International Committee of the Red Cross, by way of
 should be taken of the effect on each tender of the               Community action, of 3 493 tonnes of common wheat
                                                                   flour, distributed as follows :
 currency situation in the Member State in which the ,
 customs export formalities will be completed ;                    — 2 500 tonnes destined for Cis-Jordan and Gaza­
                                                                        Sinai (lots 1 , 2 and 3),
Whereas the award under the invitation to tender
 must be made in favour of the tenderer offering the               — 993 tonnes destined for Jordan (lot 4).
 best terms ;
                                                                   2. The tendering procedure shall take place in
Whereas, should forced majeure make it impossible to               Belgium in four 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 No L 354, 24. 12. 1976, p. 1 .                              (4) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                           (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 152/ 12                       Official Journal of the European Communities                            21 . 6. 77
3. The invitation to tender provided for in para­            — reducing prices which mention a Member State
graph 1 is for supply of products delivered Ashdod,               whose currency has been revalued.
and Aqaba, that is at the moment when the goods are
actually placed on the dock or in the lighter where          The monetary compensatory amount shall, where
applicable.                                                  appropriate, be converted into the currency of the
                                                             Member State in which the invitation to tender is
4. The successful tenderer shall deliver the product         issued using :
specified in paragraph 1 in new jute sacks lined with        — in the case when the currencies concerned are
cotton sacks of a net capacity of 50 kilograms.
                                                                  kept at any given moment within a band of
On the sacks shall be printed a red cross, 15 cm by 15            2-25 % , a conversion rate resulting from their
                                                                  central rate,
cm, as well as the following :
                                                             — in the other cases, the average of the spot rates of
'Wheat flour / Gift of the European Economic                      the currencies concerned recorded in the Member
Community / Action of the International Committee                 State in which the invitation to tender is issued
of the Red Cross / For free distribution .'
                                                                  during a period from the Wednesday of one week
                                                                  to the Tuesday of the following week being the
To allow for the possibility of re-bagging, the                   period immediately preceding the closing date for
successful tenderer shall supply 2 % of new empty                 submission of tenders.
sacks, of the same quality as those containing the
goods but with the printing followed by a capital
letter 'R\                                                                           Article 4
                        Article 2
                                                             The contract shall be awarded to the tenderer offering
                                                              the best terms, taking into consideration the adjust­
                                                              ment referred to in Article 3 (3).
 1 . The decision on tenders received in response to
the invitation provided in Article 1 shall be taken on        However, if the tenders submitted do not appear to
 1 July 1977.                                                 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 1 July 1977 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               10 units of account 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
                                                                  unsuccessful or are not accepted,
 1 . The prices offered must be expressed in the              — in the case of the successful tenderer, when the
 currency of the Member State in which the invitation             operations concerned have been carried out within
 to tender was issued.
                                                                  the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
 2. Tenders must in particular mention the Member                 endorsed by the competent authorities of the
 State in which the tenderer, in the event of his being           Member State mentioned in the tender pursuant
 declared successful, expects to complete the customs             to Article 3 (2),
 export formalities for the products concerned.
                                                              — in the case of the successful tenderer for quantities
 3 . For the purpose of rendering the tenders compar­             not supplied by reason of force majeure.
 able the prices shall, where appropriate, be corrected
 by the monetary compensatory amount and the acces­           2. The security required under paragraph 1 may be
 sion compensatory amount applicable on the closing           provided in the form of a cash deposit or of a
 date for submission of tenders to exports from the           guarantee issued by a credit institution conforming to
 Member State mentioned in the tender pursuant to             criteria laid down by each Member State.
 paragraph 2.
 Such correction shall be made by :                                                  Article 6
 — increasing prices which mention a Member State              1.   The common wheat flour referred to in Article 1
     whose currency has depreciated or a new Member           to be supplied to the International Committee of the
     State,                                                   Red Cross must meet the following requirements :
 ---pagebreak--- 21 . 6. 77                          Official Journal of the European Communities                         No L 152/ 13
— moisture : 1 2 % maximum,                                   In such case, the intervention agency choosing the
— protein content : 10*5 % minimum (N x 6-25 on               successful tenderer shall immediately inform the inter­
     dry matter),                                             vention agency of the Member State concerned and
— ash content : 0-52 % maximum referred to dry                shall supply it with all the information which it may
     matter.                                                  require .
                                                              Furthermore , the amount of the successful tender
Flour not meeting these requirements shall be
refused.                                                      shall be paid after it has been converted using the
                                                              average of the spot rates referred to in the second
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 : 10-5 % minimum (N x 6-25 on
     dry matter),                                             (a) after each shipment, a statement giving details of
                                                                  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, the expected
                                                                  date of arrival of the products at their destination ;
                         Article 7
                                                              (c) all possible contingencies which might occur
1 . The Belgian intervention agency shall be respon­              during transportation of the products.
sible for the operations relating to the invitation to
tender provided for by this Regulation .                      The intervention agency shall transmit the informa­
                                                              tion provided for to the Commission as soon as it is
2.     It shall forthwith communicate to the Commis­          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
                                                              shall send as soon as possible to the latter the informa­
3 . Where the customs export formalities for the              tion necessary for releasing the security.
mobilized product are completed in a Member State
other than that in which the invitation to tender is                                   Article 8
issued, the intervention agency of the latter Member
State shall be responsible for the operations following       This Regulation shall enter into force on the day of its
tendering, including payment to the successful                publication in the Official Journal of the European
tenderer.                                                     Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 20 June 1977.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President
 ---pagebreak--- No L 152/ 14                           Official Journal of the European Communities                                              21 . 6. 77
                    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    Perìodo 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                               800                1 to 15 .    8 . 1977 Wheat      Flour     /   Gift   of   the
          2          Ashdod                               800                1 to 15 .    9 . 1977 European Economic Communi­
                                                                                                   ty / Action of the International
          3          Ashdod                               900                1 to 15. 10 . 1977    Committee of the Red Cross /
                                                                                                   For free distribution
         4           Aqaba                                993                1 to 15.     8 . 1977