CELEX: 31978R1594
Language: en
Date: 1978-07-07 00:00:00
Title: Commission Regulation (EEC) No 1594/78 of 7 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

No L 186/26                             Official Journal of the European Communities                             8 . 7. 78
                                  COMMISSION REGULATION (EEC) No 1594/78
                                                         of 7 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                                     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 (EEC) No                       Whereas the Belgian intervention agency should be
2727/75 of 29 October 1975 on the common organiza­                 made responsible for the tendering procedure ;
tion of the market in cereals (J), as last amended by
Regulation (EEC) No 1254/78 (2),                                   Whereas the Commission mus{ 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 ;
2750/75 of 29 October 1975 laying down the condi­                  Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), and         whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,                                   aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
Whereas on 30 January 1978 the Council of the Euro­                 No 129 on the value of the unit of account and the
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 Agaba that is at
the moment when the goods are actually placed on                                             Article 1
the dock or in the lighter where applicable ;
                                                                    1 . Tenders are hereby invited for the supply to the
Whereas tenders may be submitted by tenderers esta­                 International Committee of the Red Cross, by way of
blished in any Member State of the Community and                    Community action, of 662 tonnes of common wheat
                                                                   flour.
 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               2. The tendering procedure shall take place in
that the tenders are as comparable as possible, account             Belgium in one lot.
should be taken of the effect on each tender of the
                                                                    3 . The products shall be mobilized on the Commu­
currency situation in the Member State in which the                 nity market.
customs export formalities will be completed ;
                                                                   4.     Shipment shall be from a Community port.
Whereas the award under the invitation to tender
must be made in favour of the tenderer offering the                 5. The invitation to tender provided for in para­
best terms ;                                                       graph 1 is for supply of products delivered to Agaba
                                                                   that is at the moment when the goods are actually
Whereas, should force majeure make it impossible to                 placed on 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              6. The successful tenderer shall deliver the product
the liability for any resulting costs ;                            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.
 3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                           (5) OJ No L 263, 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- 8 . 7. 78                          Official Journal of the European Communities                        No L 186/27
On the sacks shall be printed a red cross, 15 x 15                2-25 % , a conversion rate resulting from their
cm, as well as the following :                                    central rate,
                                                              — in the other cases, the average of the spot rates of
'Wheat flour/Gift of the European Economic Commu­                 the currencies concerned recorded in the Member
nity/Action of the International Committee of the                 State in which the invitation to tender is issued
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 4R\                                                                            Article 4
                                                              The contract shall be awarded to the tenderer offering
                         Article 2                            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 for in Article 1 shall be taken      However, if the tenders submitted do not appear to
 on 20 July 1978 .                                            reflect normal merket prices and costs, the interven­
                                                              tion agency may cancel the invitation to tender.
 2. The closing date for the submission of tenders
 shall be 20 July 1978 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
                                                                   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
                                                               1.    The common wheat flour referred to in Article 1
      whose currency has depreciated or a new Member
      State,                                                   to be supplied to the International Committee of the
                                                               Red Cross must meet the following requirements :
 — reducing prices which mention a Member State
      whose currency has been revalued.                       — moisture : 1 2 % maximum,
                                                              — protein content : 10-5 % minimum (N x 6-25 on
 The monetary compensatory amount shall, where                     dry matter),
  appropriate, be converted into the currency of the
  Member State in which the invitation to tender is           — ash content : 0-52 % maximum referred to dry
                                                                   matter.
  issued using :
  — in the case when the currencies concerned are              Flour not meeting these requirements shall be
      kept at any given moment within a band of                refused.
 ---pagebreak--- No L 186/28                         Official Journal of the European Communities                                8 . 7. 78
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                 orized to make an initial payment of 80 % of the
tenderer.
                                                               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, 7 July 1978.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President