CELEX: 31979R0247
Language: en
Date: 1979-02-09 00:00:00
Title: Commission Regulation (EEC) No 247/79 of 9 February 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

10 . 2 . 79                             Official Journal of the European Communities                          No L 36/9
                                     COMMISSION REGULATION (EEC) No 247/79
                                                      of 9 February 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                                    Whereas, should force majeure make it impossible to
COMMUNITIES,                                                       complete the operation in question within the time
                                                                   limits specified it must be made clear who is to bear
Having regard to the Treaty establishing the European              the liability for any resulting costs ;
Economic Community,
                                                                   Whereas provision should be made for security to be
Having regard to Council Regulation (EEC) No                      given for the purpose of guaranteeing that the obliga­
2727/75 of 29 October 1975 on the common organiza­                 tions arising by virtue of participation in the invita­
tion of the market in cereals (*), as last amended by              tion to tender for supplies to the International
Regulation (EEC) No 1 254/78 (2),                                  Committee of the Red Cross will be fulfilled ;
Having regard to Council Regulation (EEC) No                       Whereas the Belgian intervention agency should be
2750/75 of 29 October 1975 laying down the condi­                  made responsible for the tendering procedure ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 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 30 January 1978 the Council of the Euro­                are in accordance with the opinion of the Manage­
pean Communities declared that it proposed, by way                 ment Committee for Cereals,
of Community action , to grant the equivalent of 1 000
tonnes of common wheat (in other words 662 tonnes
of common wheat flour) to the International
Committee of the Red Cross under its 1977/78 food
                                                                   HAS ADOPTED THIS REGULATION :
aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­                                       Article 1
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                   1 . Tenders are hereby invited for the supply to the
Whereas the proposed invitation to tender should be                International Committee of the Red Cross, by way of
for supply of the products delivered to Port Sudan ,               Community action , of 662 tonnes of common wheat
                                                                   flour.
that is at the moment when the goods are actually
placed on the dock or in the lighter where applicable ;
                                                                   2. The tendering procedure shall take place in
Whereas tenders may be submitted by tenderers esta­                Belgium in one lot.
blished in any Member State of the Community and
may relate to products mobilized anywhere within                   3.     The products shall be mobilized on the Commu­
those Member States ; whereas, in view of the currency             nity market.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account            4.     Shipment shall be from a Community port.
should be taken of the effect on each tender of the
currency situation in the Member State in which the
customs export formalities will be completed ;                     5. The invitation to tender provided for in para­
                                                                   graph 1 is for supply of products delivered to Port
                                                                   Sudan , that is at the moment when the goods are actu­
Whereas the award under the invitation to tender
                                                                   ally placed on the dock or in the lighter where appli­
must be made in favour of the tenderer offering the                cable .
best terms ;
(<) OJ No L 281 , 1 . 11 . 1975, p. 1 .                            6. The succesful tenderer shall deliver the product
(2 ) OJ No L 156, 14. 6 . 1978 , p. 1 .                            specified in paragraph 1 in new jute sacks lined with
(3 ) OJ No L 281 , 1 . 11 . 1975 , p. 89 .                         cotton sacks of a net capacity of 50 kilograms .
 ---pagebreak---  No L 36/ 10                      Official Journal of the European Communities                            10 . 2. 79
 On the sacks shall be printed a red cross, 15 x 15         — in the other cases, the average of the spot rates of
 cm, as well as the following :                                  the currencies concerned recorded in the Member
                                                                 State in which the invitation to tender is issued
 'ER 42 / Wheat flour / Gift of the European                     during a period from the Wednesday of one week
 Economic Community / Action of the International                to the Tuesday of the following week being the
 Committee of the Red Cross / For free distribution'.            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                                 Article 4
 goods but with the printing followed by a capital
 letter 'R'.
                                                            The contract shall be awarded to the tenderer offering
                                                            the best terms, taking into consideration the adjust­
                                                            ment referred to in Article 3 (3).
                        Article 2
                                                            However, if the tenders submitted do not appear to
 1 . The decision on tenders received in response to        reflect normal market prices and costs, the interven­
 the invitation provided for in Article 1 shall be taken
                                                            tion agency may cancel the invitation to tender.
on 23 February 1979 .
2. The closing date for the submission of tenders                                   Article 5
shall be 23 February 1979 at 12 noon .
3.     The   notice of invitation  to tender shall    be     1 . The tenderer shall give security in an amount of
published in the Official Journal of the European            10 units of account per tonne of goods.
 Communities not less than nine days before the
closing date for the submission of tenders.                 It shall be released :
                                                            — in the case of all tenderers whose tenders are
                        Article 3                                unsuccessful or are not accepted,
                                                            — in the case of the successful tenderer, when the
 1 . The prices offered must be expressed in the                 operations concerned have been carried out within
currency of the Member State in which the invitation             the prescribed time limit and on submission of
to tender was issued.                                            the original export licence duly granted and
                                                                 endorsed by the competent authorities of the
2. Tenders must in particular mention the Member                 Member State mentioned in the tender pursuant
State in which the tenderer, in the event of his being           to Article 3 (2),
declared successful, expects to complete the customs
export formalities for the products concerned.              — in the case of the successful tenderer for quantities
                                                                 not supplied by reason of force majeure.
3 . For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected     2. The security required under paragraph 1 may be
by the monetary compensatory amount applicable on           provided in the form of a cash deposit or of a
the closing date for submission of tenders to exports       guarantee issued by a credit institution conforming to
from the Member State mentioned in the tender               criteria laid down by each Member State.
pursuant to paragraph 2. Such correction shall be
made by :
                                                                                    Article 6
— increasing prices which mention a Member State
     whose currency has depreciated,                        1.     The common wheat flour referred to in Article 1
— reducing prices which mention a Member State              to be supplied to the International Committee of the
     whose currency has been revalued.                      Red Cross must meet the following requirements :
The monetary compensatory amount shall, where               — moisture : 14 % maximum,
appropriate, be converted into the currency of the          — protein content : 10-5 % minimum (N x 6-25 on
Member State in which the invitation to tender is               dry matter),
issued using :
                                                            — ash content : 0-52 % maximum referred to dry
— in the case when the currencies concerned are                 matter.
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their        Flour not meeting these requirements shall be
     central rate,                                          refused .
 ---pagebreak---  10 . 2. 79                          Official Journal of the European Communities                           No L 36/ 11
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 : 14% 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, 9 February 1979.
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President