CELEX: 31980R0099
Language: en
Date: 1980-01-18 00:00:00
Title: Commission Regulation (EEC) No 99/80 of 18 January 1980 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the League of Red Cross Societies

19 . 1 . 80                               Official Journal of the European Communities                           No L 14/ 5
                                     ; COMMISSION REGULATION (EEC) No 99/80
                                                         of 18 January 1980
                            \
                opening a new invitation to tender for the mobilization of common wheat flour
                                     as food aid for the League of Red Cross Societies
THE COMMISSION OF THE EUROPEAN                                       may relate to products mobilized anywhere within
 COMMUNITIES,                                                        those Member States ; whereas, in view of the currency
                                                                     situation in the Member States and in order to ensure
 Having regard to the Treaty establishing the European               that the tenders are as comparable as possible, account
 Economic Community,                                                 should be taken of the effect on each tender of the
                                                                     currency situation in the Member State in which the
 Having regard to Council Regulation (EEC) No                        customs export formalities will be completed ;
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals (*), as last amended by               Whereas the award under the invitation to tender
 Regulation (EEC) No 1 547/79 (2),                                   must be made to the tenderer offering the best terms ;
 Having regard to Council Regulation (EEC) No                        Whereas provision should be made for security to be
2750/75 of 29 October 1975 laying down the condi­
                                                                     given to guarantee fulfilment of the obligations arising
tions for the mobilization of cereals as food aid (3), and           by virtue of participation in the invitation to tender ;
in particular Article 6 thereof,
 Having regard to Council Regulation No 129 on the                   Whereas the Belgian intervention agency should be
value of the unit of account and the exchange rates to               made responsible for the tendering procedure in ques­
be applied for the purposes of the common agricul­                   tion ;
tural policy (4), as last amended by Regulation (EEC)
No 2543/73 (5), and in particular Article 3 thereof,                 Whereas the Commission must be informed quickly
                                                                     of the tenders submitted in response to the invitation
Having regard to the opinion of the Monetary                         and of those accepted by the intervention agency ;
Committee,
                                                                     Whereas the measures provided for in this Regulation
Whereas on 8 May 1979 the Council of the European                    are in accordance with the opinion of the Manage­
Communities declared that it proposed, by way of                     ment Committee for Cereals,
Community action, to grant the equivalent of 151
tonnes of common wheat (in other words 100 tonnes
of common wheat flour) to the League of Red Cross
Societies under its 1978 /79 food-aid programme ;                    HAS ADOPTED THIS REGULATION :
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                                           Article 1
Whereas the invitation to tender opened in the                        1 . Tenders are hereby invited for the supply to the
Community under Commission Regulation (EEC) No                       League of Red Cross Societies, by way of Community
 1532/79 of 20 July 1979 opening an invitation to                    food-aid action, of 100 tonnes of common wheat
tender for the mobilization of common wheat flour as                 flour.
food aid for the League of Red Cross Societies (6) was
not allocated ; whereas a new invitation to tender                   2.     The tendering procedure shall take place in
should therefore be opened ;                                         Belgium in one lot. The product shall be mobilized
                                                                     on the Community market. The product shall be
Whereas the proposed invitation to tender should be                  loaded for departure from any Community port.
for supply of the products delivered Kigali ;
                                                                     3.     The invitation to tender provided for in para­
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                     graph 1 is for supply of products delivered Kigali.
(') OJ   No  L 281 , 1 . 11 . 1975, p. 1 .                           4.     The successful tenderer shall deliver the product
(2) OJ   No  L 188, 26. 7. 1979, p. 1 .                              specified in paragraph 1 in new jute sacks lined with
P)  OJ   No  L 281 , 1 . 11 . 1975, p. 89.                           cotton sacks of a net capacity of 50 kilograms .
(4) OJ   No  106, 30. 10. 1962, p. 2553/62.
(5) OJ   No  L 263, 19 . 9 . 1973, p. 1 .
 6  OJ   No  L 186, 24. 7. 1979, p. 16.                              Minimum weight of the sacks shall be 600 grams.
 ---pagebreak--- No L 14/ 6                         Official Journal of the European Communities                            19 . 1 . 80
On the sacks shall be printed a red cross, 15 x 15                during a period from the Wednesday of one week
cm, as well as the following :                                    to the Tuesday of the following week being the
' Farine de froment tendre / Don de la Communauté                 period immediately preceding the closing date for
                                                                  submission of tenders .
économique européenne / Action de la Ligue des
sociétés de la Croix-Rouge / Pour distribution gratuite
/ Kigali'.                                                                            Article 4
To allow for the possibility of re-bagging, the              The contract shall be awarded to the tenderer offering
successful tenderer shall supply 2 % of new empty             the best terms, taking into consideration the adjust­
sacks, of the same quality as those containing the            ment referred to in Article 3 (3).
goods but with the printing followed by a capital             However, if the tenders submitted do not appear to
letter ' R '.
                                                              reflect normal prices and costs, the intervention
                                                              agency may cancel the invitation to tender.
                         Article 2
                                                                                      Article 5
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken       1 . The tenderer shall give security of an amount of
on 1 February 1980.                                           12 ECU per tonne of goods.
 2. The closing date for the submission of tenders            It shall be released :
shall be 1 February 1980 at 12 noon .                         — in the case of all tenderers whose tenders are
3.     The    notice of invitation  to  tender  shall be           unsuccessful or are not accepted,
 published in the Official Journal of the European            — in the case of the successful tenderer, when the
 Communities not less than nine days before the                    operations concerned have been carried out within
 closing date for the submission of tenders .                      the prescribed time limit and on submission of
                                                                   the original export licence, duly granted and
                         Article 3                                 endorsed by the competent authorities of the
                                                                   Member State mentioned in the tender pursuant
 1 . The prices offered must be expressed in the                   to Article 3 (2),
 currency of the Member State in which the invitation         — in the case of the successful tenderer, for quanti­
 to tender was issued.                                             ties not supplied by reason of force majeure.
 2. Tenders must in particular mention the Member             2. The security required under paragraph 1 may be
 State in which the tenderer, in the event of his being       provided in the form of a cash deposit or of a
 declared successful, expects to complete the customs         guarantee issued by a credit institution conforming to
 export formalities for the products concerned .              criteria laid down by each Member State.
 3 . For the purpose of rendering the tenders compar­                                 Article 6
 able, the prices shall, where appropriate, be corrected
 by the monetary compensatory amount applicable on             1.    The common wheat flour referred to in Article 1
 the closing date for submission of tenders to exports         to be supplied to the League of Red Cross Societies
 from the Member State mentioned in the tender                 must meet the following requirements :
 pursuant to paragraph 2. Such correction shall be
                                                              — moisture : 14% maximum,
 made by :
                                                              — protein content : 1 0-5 % minimum (N x 6-25 on
 — increasing prices which mention a Member State                  dry matter),
      whose currency has depreciated,
                                                               — ash content : 0-52 % maximum referred to dry
 — reducing prices which mention a Member State                    matter .
      whose currency has been revalued .
                                                               Flour not meeting these requirements shall be
 The monetary compensatory amount shall , where                refused .
  appropriate, be converted into the currency of the
  Member State in which the invitation to tender is            2.     Tenders for supply to the League of Red Cross
  issued using :                                               Societies of the common wheat flour referred to in
                                                               Article 1 must relate to a product with the following
  — in the case when the currencies concerned are              characteristics :
      kept at any given moment within a band of
      2-25 % , a conversion rate resulting from their          — moisture : 14% maximum ,
      central rate,                                            — protein content : 1 0-5 % minimum (N x 6-25 on
  — in other cases, the average of the spot rates of the            dry matter),
      currencies concerned recorded in the Member              — ash content : 0-52 % maximum referred to dry
      State in which the invitation to tender is issued             matter .
 ---pagebreak--- 19 . 1 . 80                        Official Journal of the European Communities                             No L 14/7
                         Article 7                            (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
1 . The Belgian intervention agency shall be respon­              and their packaging ;
sible for organization the invitation to tender provided
for by this Regulation .                                      (b) the date of the departure of the ships ; the esti­
                                                                  mated date of arrival of the products at their desti­
2.     It shall forthwith communicate to the Commis­              nation ;
sion the list of firms which have responded to the invi­      (c) all possible contingencies which might occur
tation to tender, specifying the terms of each tender,            during transportation of the products.
together with the name and business name of the
successful tenderer.                                          The information indicated above shall be forwarded
                                                              by the intervention agency to the Commission imme­
3. Where the customs export formalities for the
                                                              diately upon receipt.
mobilized product are completed in a Member State
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
successful tenderer shall immediately inform the inter­                               Article 8
vention agency of the Member State concerned and
shall supply it with all the information which it may         As regards this tender, the intervention agency is auth­
require.                                                      orized to make an initial payment of 80 % of the
                                                              value of the quantity given in the bill of lading, on
Furthermore, the amount of the successful tender
                                                              presentation of that document and subject to the
shall be paid after it has been converted using the           taking of a security for an amount equal to the initial
average of the spot rates referred to in the second           payment.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
                                                                                      Article 9
relating to the tendering are completed .
4. The intervention agency shall request the                  This Regulation shall enter into force on the day of its
successful tenderer to supply the following informa­          publication in the Official Journal of the European
tion :                                                         Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 18 January 1980 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President