CELEX: 31978R1201
Language: en
Date: 1978-06-02 00:00:00
Title: Commission Regulation (EEC) No 1201/78 of 2 June 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 147/6                             Official Journal of the European Communities                             3 . 6 . 78
                                 COMMISSION REGULATION (EEC) No 1201 /78
                                                       of 2 June 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 (!), as last amended by
                                                                  Whereas the Commission must be informed quickly
Regulation (EEC) No 11 25/78 (2),
                                                                  of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
Having regard to Council Regulation .(EEC) No
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 8 February 1977 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 300               common agricultural policy (4), as last amended by
tonnes of common wheat (in other words 198-5                      Regulation (EEC) No 2543/73 (5), and in particular
tonnes of common wheat flour) to the International                Article 3 thereof ;
Committee of the Red Cross under its 1976/77 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 Aden 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 ih any Member State of the Community and                   Community action, of 198-5 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 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 Aden
                                                                   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 142, 30. 5. 1978 , p. 21 .                             (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---  3 . 6 . 78                         Official Journal of the European Communities                         No L 147/7
 On the sacks shall be printed a red cross, 15 x 15 cm             2-25 % , a conversion rate resulting from their
 as well as the following :                                        central rate,
'Wheat flour / Gift of the European Economic                  — in the other cases, the average of the spot rates of
                                                                   the currencies concerned recorded in the Member
 Community / Action of the International Committee
 of the Red Cross / For free distribution'.                        State in which the invitation to tender is issued
                                                                   during a period from the Wednesday of one week
To allow for the possibility of re-bagging, the                    to the Tuesday of the following week being the
 successful tenderer shall supply 2 % of new empty                 period immediately preceding the closing date for
                                                                   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 for in Article 1 shall be taken       However, if the tenders submitted do not appear to
on 16 June 1978 .
                                                              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 16 June 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
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 applicable on             2. The security required under paragraph 1 may be
the closing date for submission of tenders to exports         provided in the form of a cash deposit or of a
from     the Member State mentioned in         the tender     guarantee issued by a credit institution conforming to
pursuant to paragraph 2.                                      criteria laid down by each Member State.
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 147/8                          Official Journal of the European Communities                                3 . 6 . 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 : 1 2 % 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
sion the list of firms which have responded to the invi­       received .
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
tendering, including payment to the successful                 As regards this tender, the intervention agency is auth­
tenderer.                                                      orized to make an initial payment of 80 % of the
                                                               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 tnter 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, 2 June 1978 .
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President