31975R1164

6 . 5 . 75 Official Journal of the European Communities No L 116/ 5

REGULATION ( EEC ) No 1164/ 75 OF THE COMMISSION of 5 May 1975 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 No 120 / Whereas the Belgian intervention agency should be 67 / EEC (') of 13 June 1967 on the common organiza­ made responsible for the tendering procedure ; tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 665/ 75 ( 2) ; Whereas the Commission must 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 ; 1 693/72 (3 ) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid , and Whereas the Monetary Committee will be consulted ; in particular Article 6 thereof ; whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Whereas on 14 May 1973 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation pean Communities declared that it proposed, by way No 129 (4 ) on the value of the unit of account and the of Community action , to grant the equivalent of 931 exchange rates to be applied for the purposes of the metric tons of common wheat ( in other words 617 common agricultural policy, as last amended by Regu­ metric tons of common wheat flour) to the Interna­ lation (EEC) No 2543/73 (5 ), and in particular Article tional Committee of the Red Cross under its 1972 / 73 3 thereof ; food-aid programme ; Whereas the measures provided for in this Regulation Whereas pursuant to Article 3 (3) of Council Regula­ are in accordance with the Opinion of the Manage­ tion ( EEC) No 1693/72 the goods may be purchased ment Committee for Cereals , anywhere on the Community market ;

Whereas the proposed invitation to tender should be HAS ADOPTED THIS REGULATION : for supply of the products delivered cif, that is at the moment when the goods are actually placed on the dock or in the lighter where applicable ; Articlc 1 Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 1 . Tenders are hereby invited for the supply to the may relate to products mobilized anywhere within International Committee of the Red Cross, by way of those Member States ; whereas , in view of the currency Community action , of 617 metric tons of common situation in the Member States and in order to ensure wheat flour, distributed as follows : that the tenders are as comparable as possible , account should be taken of the effect on each tender of the — 334 metric tons destined for Gaza-Sinai ( lot No i ); currency situation in the Member State in which the — 283 metric tons destined for Cis-Jordan ( lot No 2). customs export formalities will be completed ;

Whereas the award under the invitation to tender 2 . The tendering procedure shall take place in Belgium in two lots . The product shall be mobilized must be made in favour of the tenderer offering the best terms ; on the Community market. The products shall be loaded for departure from any Community port . Whereas , should force nntjenre make it impossible to 3 . The invitation to tender provided for in para­ complete the operation in question within the time graph 1 is for supply of products delivered cif, that is limits specified , it must be made clear who is to bear at the moment when the goods are actually placed on the liability for any resulting costs ; the dock or in the lighter where applicable . (') O ) No 117 , 19 . 6 . 1 967 , p . 2269 / 67 . (-') O'l No L 72 , 20 . 3 . 1975 , p . 14 . (4 ) OJ No 106, 30 . 10 . 1962, p . 2553 / 62 . (') O'f No L 1 78 , 5. X. 1972, p . 3 . (5 ) Of No L 263 , 19 . 9 . 1973 , p. 1 .

No L 116 / 6 Official Journal of the European Communities 6 . 5 . 75

The recipient country shall bear all costs subsequent The monetary compensatory amount shall , where to delivery of the goods, including unloading costs on appropriate , be converted into the currency of the reception of the goods . Member State in which the invitation to tender is issued using : Any possible demurrage costs or dispatch money at — in the case when the currencies concerned are the port of unloading shall be a charge on or for the benefit of the International Committee of the Red kept at any given moment within a band of Cross . The rates and detailed arrangements relating 2-25 % , a conversion rate resulting from their thereto laid down in the contract between the autho­ central rate , rized agent of the Community and the carrier must — in the other cases, the average of the spot rates of have been agreed upon in advance by the authorized the currencies concerned recorded in the Member agent and the receiving agent of the recipient country. State in which the invitation to tender is issued during a period from the Wednesday of one week 4. The successful tenderer shall deliver the product to the Tuesday of the following week being the specified in paragraph 1 cif to the port of Ashdod , in period immediately preceding the closing date for new cotton sacks, having a net capacity of 50 kg . submission of tenders . On the sacks shall be printed a red cross , 15 x 15 cm , as well as the following : Article 4 'GS : Wheat flour — gift of the European Economic The contract shall be awarded to the tenderer offering Community — action of the International Committee the best terms, taking into consideration the adjust­ of the Red Cross' (lot No 1 ); ment referred to in Article 3 (3). 'WB : Wheat flour — gift of the European Economic Community — action of the International Committee However, if the tenders submitted do not appear to of the Red Cross' (lot No 2). reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. Article 2 Article 5 1 . The decision on tenders received in response to the invitation provided in Article 1 shall be taken on 1 . The tenderer shall give security in an amount of 16 May 1975 . 10 units of account per metric ton of goods . It shall be released : 2. The closing date for the submission of tenders shall be 16 May 1975 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 quantities to tender was issued . 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 able , the prices shall , where appropriate , be corrected Article 6 by the monetary compensatory amount and the acces­ 1 . The common wheat flour referred to in Article 1 sion compensatory amount applicable on the closing to be supplied to the International Committee of the date for submission of tenders to exports from the Red Cross must meet the following requirements : Member State mentioned in the tender pursuant to paragraph 2 . — moisture : 12% maximum ; — protein content : 10-5% minimum (N x 6-25 on Such correction shall be made by : dry matter) ; —- increasing prices which mention a Member State — ash content : 0-52 % maximum referred to dry whose currency has depreciated or a new Member matter . State , — reducing prices which mention a Member State Flour not meeting these requirements shall be refused . whose currency has been revalued .

6 . 5 . 75 Official Journal of the European Communities No L 116/ 7

2 . Tenders for supply to the International Furthermore , the amount of the successful tender Committee of the Red Cross of the common wheat shall be paid after it has been converted using the flour referred to in Article 1 must relate to a product average of the spot rates referred to in the second with the following characteristics : subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations — moisture : 12% maximum ; relating to the tendering are completed . — protein content : 10-5 % minimum (N x 6-25 on dry matter) ; 4 . The intervention agency shall ask that the — ash content : 0-52 % maximum referred to dry tenderer specifies the following information : matter . (a) after each shipment, a statement giving details of the quantities loaded , the quality of the products Article 7 and their packaging ; 1 . The Belgian intervention agency shall be respon­ (b) the date of the departure of the ships, the expected sible for the operations relating to the invitation to date of arrival of the products at their destination ; tender provided for by this Regulation . 2 . It shall forthwith communicate to the Commis­ (c ) all possible contingencies which might occur during transportation of the products . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, The intervention agency shall transmit the informa­ together with the name and business name of the tion provided for to the Commission as soon as it is successful tenderer . received . 3 . Where the customs export formalities for the mobilized product are completed in a Member State 5 . When the intervention agency responsible for other than that in which the invitation to tender is the operations relating to tendering is not the interven­ issued , the intervention agency of the latter Member tion agency which appoints the successful tenderer, it State shall be responsible for the operations following shall send as soon as possible to the latter the informa­ tendering, including payment to the successful tion necessary for releasing the security . tenderer . In such case , the intervention agency choosing the Article 8 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and This Regulation shall enter into force on the day of its shall supply it with all the information which it may publication in the Official Journal of the European Communities. require .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 5 May 1975 .

Eor the Com mission P.J. LARD1NOIS /Member of the Com m ission