CELEX: 31979R1973
Language: en
Date: 1979-09-07 00:00:00
Title: Commission Regulation (EEC) No 1973/79 of 7 September 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

8 . 9 . 79                                 Official Journal of the European Communities                         No L 228 / 5
                                     COMMISSION REGULATION ( EEC) No 1973/79
                                                        of 7 September 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                                       that the tenders are as comparable as possible, account
COMMUNITIES,                                                         should be taken of the effect on each tender of the
                                                                     currency situation in the Member State in which the
Having regard to the Treaty establishing the European                customs export formalities will be completed ;
Economic Community,
                                                                     Whereas the award under the invitation to tender
Having regard to Council Regulation ( EEC) No                         must be made in favour of the tenderer offering the
2727/75 of 29 October 1975 on the common organiza­                   best terms ;
tion of the market in cereals ('), as last amended by
Regulation ( EEC) No 1 547/79 (2),                                   Whereas, should force majeure make it impossible to
                                                                     complete the operation in question within the time
Having regard to Council Regulation ( EEC) No                         limits specified, it must be made clear who is to bear
2750/75 of 29 October 1975 laying down the condi­                    the liability for any resulting costs ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,
                                                                     Whereas provision should be made for security to be
                                                                     given for the purpose of guaranteeing that the obliga­
Having regard to Council Regulation No 129 on the                     tions arising by virtue of participation in the invita­
value of the unit of account and the exchange rates to                tion to tender for supplies to the International
be applied for the purposes of the common agricul­                    Committee of the Red Cross will be fulfilled ;
tural policy (4), as last amended by Regulation ( EEC)
No 2543/73 (5), and in particular Article 3 thereof,
                                                                     Whereas the Dutch intervention agency should be
                                                                      made responsible for organizing the invitation to
Having regard to the opinion of the Monetary                          tender ;
Committee ,
Whereas on 8 May 1979 the Council of the European                    Whereas the Commission must be informed quickly
Communities declared that it proposed, by way of                     of the tenders submitted in response to the invitation
Community action , to grant the equivalent of 1 200                  and of those accepted by the intervention agency ;
tonnes of common wheat (in other words 795 tonnes
of common wheat flour) to the International                          Whereas the measures provided for in this Regulation
Committee of the Red Cross under its 1978 / 79 food­                 are in accordance with the opinion of the Manage­
aid programme ;                                                       ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
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 Ashdod , that is
at the moment when the goods are actually placed on                                           Article 1
the quay 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 795 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 the
                                                                      Netherlands in one lot .
(')  OJ  No L 281 , 1 . 11 . 1975 , p. 1 .
(2 ) OJ  No L 188 , 24 . 7 . 1979 , p. 1 .
(3 ) OJ  No L 281 , 1 . 11 . 1975 , p. 89 .
(4 ) OJ  No 106, 30 . 10 . 1962, p . 2553/ 62 .                      3.      The products shall be mobilized on the Commu­
(5 ) OJ  No L 263 , 19 . 9 . 1973 , p. 1 .                            nity market .
 ---pagebreak--- No L 228 / 6                         Official Journal of the European Communities                              8 . 9 . 79
4.     Shipment shall be from a Community port .               — increasing prices which mention a Member State
                                                                     whose currency has depreciated,
5 . The invitation to tender provided for in para­             — reducing prices which mention a Member State
graph 1 is for supply of products delivered to Ashdod,               whose currency has been revalued.
that is at the moment when the goods are actually
placed on the quay or in the lighter where applicable .
                                                               The monetary compensatory amount shall , where
                                                               appropriate, be converted into the currency of the
6. The successful tenderer shall deliver the product           Member State in which the invitation to tender is
specified in paragraph 1 in new jute sacks lined with           issued using :
cotton sacks of a net capacity of 50 kilograms.
                                                               — in the case when the currencies concerned are
On the sacks shall be printed a red cross, 15 x 15                   kept at any given moment within a band of
cm , as well as the following :                                      2-25 % , a conversion rate resulting from their
                                                                     central rate ,
'Wheat flour / Gift of the European Economic                   — in the other cases, the average of the spot rates of
Community / Action of the International Committee                    the currencies concerned recorded in the Member
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
sacks, of the same quality as those containing the                   submission of tenders .
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
 1.    The decision on tenders received in response to          ment referred to in Article 3 (3).
the invitation provided for in Article 1 shall be taken
on 17 September 1979 .
                                                                However, if the tenders submitted do not appear to
                                                                reflect normal market prices and costs, the interven­
2 . The closing date for the submission of tenders              tion agency may cancel the invitation to tender.
shall be 17 September 1979 at 12 noon .
3.     The    notice of   invitation  to  tender  shall  be
                                                                                        Article 5
published in the Official Journal of the European
 Communities not less than nine days before the
closing date for the submission of tenders .                     1.    The tenderer shall give security in an amount of
                                                                 1 2 ECU per tonne of goods.
                                                                It shall be released :
                          Article 3
                                                                — in the case of all tenderers whose tenders are
 1.    The prices offered must be expressed in the                   unsuccessful or are not accepted,
currency of the Member State in which the invitation
to tender was issued .                                          — in the case of the successful tenderer, when the
                                                                     operations concerned have been carried out within
                                                                     the prescribed time limit and on submission of
2.     Tenders must in particular mention the Member
                                                                     the original export licence duly granted and
State in which the tenderer, in the event of his being               endorsed by the competent authorities of the
declared successful , expects to complete the customs
                                                                     Member State mentioned in the tender pursuant
export formalities for the products concerned .                      to Article 3 (2),
 3.    For the purpose of rendering the tenders compar­         — in the case of the successful tenderer for quantities
able , the prices shall , where appropriate, be corrected            not supplied by reason of force majeure.
by the monetary compensatory amount applicable on
 the closing date for submission of tenders to exports          2 . The security required under paragraph 1 may be
 from    the  Member    State  mentioned     in the  tender     provided in the form of a cash deposit or of a
 pursuant to paragraph 2 . Such correction shall be             guarantee issued by a credit institution conforming to
 made by :                                                      criteria laid down by each Member State .
 ---pagebreak--- 8 . 9 . 79                            Official Journal of the European Communities                            No L 228 /7
                          Article 6                             vention agency of the Member State concerned and
1.      The common wheat flour referred to in Article 1
                                                                shall supply it with all the information which it may
                                                                 require .
to be supplied to the International Committee of the
Red Cross must meet the following requirements :                 Furthermore , the amount of the successful tender
— moisture : 14 % maximum ,                                     shall be paid after it has been converted using the
                                                                average of the spot rates referred to in the second
— protein content : 10-5 % minimum (N x 6 25 on                 subparagraph of Article 3 (3) to the tenderer in the
     dry matter),                                                currency of the Member State in which the operations
— ash content : 0-52 % maximum referred to dry                   relating to the tendering are completed .
     matter .
                                                                4. The intervention agency shall ask that the
Flour not meeting these           requirements shall be          tenderer specifies the following information :
refused .
                                                                (a) after each shipment, a statement giving details of
2.      Tenders     for  supply    to   the    International         the quantities loaded, the quality of the products
Committee of the Red Cross of the common wheat                       and their packaging ;
flour referred to in Article 1 must relate to a product          (b) the date of the departure of the ships and the
with the following characteristics :                                 expected date of arrival of the products at their
— moisture : 14 % maximum ,                                          destination ;
— protein content : 10 5 % minimum (N x 6-25 on                  (c) all possible contingencies which might occur
     dry matter,                                                     during transportation of the products .
— ash content : 0-52 % maximum referred to dry                   The intervention agency shall transmit the informa­
     matter .
                                                                 tion provided for to the Commission as soon as it is
                                                                 received .
                          Article 7
                                                                 5.     When the intervention agency responsible for
1 . The Dutch intervention agency shall be respon­               the operations relating to tendering is not the interven­
sible for operations relating to the invitation to tender        tion agency which appoints the successful tenderer, it
provided for by this Regulation .                                shall send as soon as possible to the latter the informa­
2.      It shall forthwith communicate to the Commis­
                                                                 tion necessary for releasing the security.
sion the list of firms which have responded to the invi­
                                                                                          Artii /e 8
tation to tender, specifying the terms of each tender,
together with the name and business name of the                  As regards this tender, the intervention agency is auth­
successful tenderer.
                                                                 orized to make an initial payment of 80 % of the
3 . Where the customs export formalities for the                 value of the quantity given in the bill of lading, on
mobilized product are completed in a Member State                presentation of that document and subject to the
other than that in which the invitation to tender is             taking of a security for an amount equal to the initial
issued, the intervention agency of the latter Member             payment .
State shall be responsible for the operations following
tendering, including payment to the successful                                            Article 9
tenderer .
                                                                 This Regulation shall enter into force on the day of its
In such case, the intervention agency choosing the               publication in the Official journal of the European
successful tenderer shall immediately inform the inter­           Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                 Done at Brussels, 7 September 1979 .
                                                                            For the Commission
                                                                             Finn GUNDELACH
                                                                                Vice-President