CELEX: 31978R1794
Language: en
Date: 1978-07-28 00:00:00
Title: Commission Regulation (EEC) No 1794/78 of 28 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

29 . 7 . 78                             Official Journal of the European Communities                        No L 205/37
                                  COMMISSION REGULATION (EEC) No 1794/78
                                                        of 28 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                                     tions arising by virtue of participation in the invita­
COMMUNITIES,                                                       tion to tender for supplies to the International
                                                                   Committee of the Red Cross will be fulfilled ;
 Having regard to the Treaty establishing the European
 Economic Community,                                               Whereas the Belgian intervention agency should be
                                                                   made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                 Whereas the Commission must be informed quickly
tion of the market in cereals (*), as last amended by              of the tenders submitted in response to the invitation
Regulation (EEC) No 1254/78 (2),                                   and of those accepted by the intervention agency ;
 Having regard to Council Regulation (EEC) No                      Whereas the Monetary Committee will be consulted ;
2750/75 of 29 October 1975 laying down the condi­                  whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid (3), and
                                                                   aged should be adopted in accordance with the condi­
in particular Article 6 thereof,                                   tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 on the value of the unit of account and the
Whereas on 30 January 1978 the Council of the Euro­
pean Communities declared that it proposed, by way                 exchange rates to be applied for the purposes of the
of Community action, to grant the equivalent of 1 000              common agricultural policy (4), as last amended by
tonnes of common wheat (in other words 662 tonnes                  Regulation (EEC) No 2543/73 (5), and in particular
of common wheat flour) to the International                        Article 3 thereof ;
Committee of the Red Cross under its 1977 /78 food­
aid programme ;                                                    Whereas the measures provided for in this Regulation
                                                                   are in accordance with the opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­               ment Committee for Cereals,
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 Port Sudan,
that is at the moment when the goods are actually                                          Article 1
placed on the dock or in the lighter where applicable ;
Whereas tenders may be submitted by tenderers esta­                1 . Tenders are hereby invited for the supply to the
blished in any Member State of the Community and                   International Committee of the Red Cross, by way of
                                                                   Community action, of 662 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
that the tenders are as comparable as possible, account            Belgium in two lots of 331 tonnes each .
should be taken of the effect on each tender of the
currency situation in the Member State in which the                3 . The products shall be mobilized on the Commu­
customs export formalities will be completed ;                     nity market.
Whereas the award under the invitation to tender
                                                                  4.      Shipment shall be from a Community port.
must be made in favour of the tenderer offering the
best terms ;                                                       5. The invitation to tender provided for in para­
Whereas, should force majeure make it impossible to               graph 1 is for supply of products delivered to Port
complete the operation in question within the time                Sudan, that is at the moment when the goods are actu­
limits specified, it must be made clear who is to bear            ally placed on the dock or in the lighter where appli­
                                                                  cable.
the liability for any resulting costs ;
Whereas provision should be made for security to be               6. The successful tenderer shall deliver the product
given for the purpose of guaranteeing that the obliga­            specified in paragraph 1 in new jute sacks lined with
                                                                  cotton sacks of a net capacity of 50 kilograms.
(!) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978 , p. 1 .                             (4) OJ No 106, 30 . 10. 1962, p. 2553/62.
P) OJ No L 281 , 1 . 11 . 1975, p. 89 .                           (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  No L 205/ 38                        Official Journal of the European Communities                            29 . 7 . 78
On the sacks shall be printed a red cross, 15 x 15             — in the case when the currencies concerned are
cm , as well as the following :                                      kept at any given moment within a band of
' Lot 1 :                                                            2-25 % , a conversion rate resulting from their
                                                                    central rate,
Wheat flour/Gift of the European Economic Commu­               — in the other cases, the average of the spot rates of
 nity/Action of the International Committee of the                  the currencies concerned recorded in the Member
 Red Cross/ For free distribution '.                                State in which the invitation to tender is issued
' Lot 2 :                                                           during a period from the Wednesday of one week
                                                                    to the Tuesday of the following week being the
Wheat flour/Gift of the European Economic Commu­                     period immediately preceding the closing date for
 nity/Action of the International Committee of the                  submission of tenders .
 Red Cross/ For free distribution '.
To allow for the possibility of re-bagging, the                                        Article 4
successful tenderer shall supply 2 % of new empty
sacks of the same quality as those containing the              The contract shall be awarded to the tenderer offering
goods but with the printing followed by a capital              the best terms, taking into consideration the adjust­
letter 'R '.                                                    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 for in Article 1 shall be taken
on 11 August 1978 .                                                                    Article 5
2. The closing date for the submission of tenders               1 . The tenderer shall give security in an amount of
shall be 11 August 1978 at 12 noon .                            10 units of account per tonne 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
                                                                    the prescribed time limit and on submission of
 1 . The prices offered must be expressed in the                    the original export licence duly granted and
currency of the Member State in which the invitation                endorsed by the competent authorities of the
to tender was issued .                                              Member State mentioned in the tender pursuant
                                                                    to Article 3 (2),
2. Tenders must in particular mention the Member
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 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 applicable on              criteria laid down by each Member State.
the closing date for submission of tenders to exports
from the Member State mentioned in the tender
                                                                                       Article 6
pursuant to 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
     State,
                                                               — moisture : 12% maximum,
— reducing prices which mention a Member State                 — protein content : 10-5 % 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--- 29 . 7 . 78                         Official Journal of the European Communities                          No L 205/39
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               (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 ten­           orized to make an initial payment of 80 % of the
derer.
                                                              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, 28 July 1978 .
                                                                         For the Com mission
                                                                          Finn GUNDELACH
                                                                             Vice-President