31977R1318
21 . 6 . 77 No L 152/ 11 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 1318/77 of 20 June 1977 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 limits specified, it must be made clear who is to bear COMMUNITIES, the liability for any resulting costs ;
Having regard to the Treaty establishing the European Whereas provision should be made for security to be Economic Community, given for the purpose of guaranteeing that the obliga tions arising by virute of participation in the invita Having regard to Council Regulation (EEC) No tion to tender for supplies to the International 2727/75 of 29 October 1975 on the common organiza Committee of the Red Cross will be fulfilled ; tion of the market in cereals (!), as last amended by Regulation (EEC) No 3138 /76 (2), Whereas the Belgian intervention agency should be made responsible for the tendering procedure ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi Whereas the Commission must be informed quickly tions for the mobilization of cereals as food aid (3), and of the tenders submitted in response to the invitation in particular Article 6 thereof, and of those accepted by the intervention agency ;
Whereas on 8 February 1977 the Council of the Euro Whereas the Monetary Committee will be consulted ; pean Communities declared that it proposed, by way whereas, in view of the urgency, the measures envis of Community action, to grant the equivalent of 5 275 aged should be adopted in accordance with the condi tonnes of common wheat (in other words 3 493 tions laid down in Article 3 (2) of Council Regulation tonnes of common wheat flour) to the International No 129 (4) on the value of the unit of account and the Committee of the Red Cross under its 1976/77 food exchange rates to be applied for the purposes of the aid programme ; common agricultural policy, as last amended by Regu lation (EEC) No 2543/73 (5), and in particular Article Whereas pursuant to Article 3 (3) of Council Regula 3 thereof ; tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage Whereas the proposed invitation to tender should be ment Committee for Cereals, for supply of the products delivered to Ashdod and Aqaba, that is at the moment when the goods are actu ally placed on the dock or in the lighter where appli cable ; HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta blished in any Member State of the Community and Article 1 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 1 . Tenders are hereby invited for the supply to the International Committee of the Red Cross, by way of that the tenders are as comparable as possible, account Community action , of 3 493 tonnes of common wheat should be taken of the effect on each tender of the flour, distributed as follows : currency situation in the Member State in which the , customs export formalities will be completed ; — 2 500 tonnes destined for Cis-Jordan and Gaza Sinai (lots 1 , 2 and 3), Whereas the award under the invitation to tender — 993 tonnes destined for Jordan (lot 4). must be made in favour of the tenderer offering the best terms ; 2. The tendering procedure shall take place in Belgium in four lots. The product shall be mobilized Whereas, should forced majeure make it impossible to on the Community market. The products shall be complete the operation in question within the time loaded for departure from any Community port. (<) OJ No L 281 , 1 . 11 . 1975 , p. 1 . (2) OJ No L 354, 24. 12. 1976, 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 .
No L 152/ 12 21 . 6. 77 Official Journal of the European Communities
3. The invitation to tender provided for in para — reducing prices which mention a Member State graph 1 is for supply of products delivered Ashdod, whose currency has been revalued. and Aqaba, that is at the moment when the goods are actually placed on the dock or in the lighter where The monetary compensatory amount shall, where applicable. appropriate, be converted into the currency of the Member State in which the invitation to tender is 4. The successful tenderer shall deliver the product issued using : specified in paragraph 1 in new jute sacks lined with — in the case when the currencies concerned are cotton sacks of a net capacity of 50 kilograms. kept at any given moment within a band of 2-25 % , a conversion rate resulting from their On the sacks shall be printed a red cross, 15 cm by 15 central rate, cm, as well as the following : — in the other cases, the average of the spot rates of 'Wheat flour / Gift of the European Economic the currencies concerned recorded in the Member Community / Action of the International Committee State in which the invitation to tender is issued of the 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 'R\ 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 in Article 1 shall be taken on However, if the tenders submitted do not appear to 1 July 1977. 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 1 July 1977 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 and the acces 2. The security required under paragraph 1 may be sion compensatory amount applicable on the closing provided in the form of a cash deposit or of a date for submission of tenders to exports from the guarantee issued by a credit institution conforming to Member State mentioned in the tender pursuant to criteria laid down by each Member State. paragraph 2.
Article6¶
— 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 to be supplied to the International Committee of the State, Red Cross must meet the following requirements :
21 . 6 . 77 No L 152/ 13 Official Journal of the European Communities
— moisture : 1 2 % maximum , In such case, the intervention agency choosing the — protein content : 10*5 % minimum (N x 6-25 on successful tenderer shall immediately inform the inter dry matter), vention agency of the Member State concerned and shall supply it with all the information which it may — ash content : 0-52 % maximum referred to dry matter. require .
Furthermore , the amount of the successful tender Flour not meeting these requirements shall be refused . shall be paid after it has been converted using the average of the spot rates referred to in the second 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, the expected date of arrival of the products at their destination ; Article 7 (c) all possible contingencies which might occur 1 . The Belgian intervention agency shall be respon during transportation of the products. sible for the operations relating to the invitation to The intervention agency shall transmit the informa tender provided for by this Regulation . tion provided for to the Commission as soon as it is 2 . It shall forthwith communicate to the Commis received . sion the list of firms which have responded to the invi 5 . When the intervention agency responsible for tation to tender, specifying the terms of each tender, the operations relating to tendering is not the interven together with the name and business name of the successful tenderer. tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa 3 . Where the customs export formalities for the tion necessary for releasing the security. mobilized product are completed in a Member State other than that in which the invitation to tender is Article 8 issued, the intervention agency of the latter Member State shall be responsible for the operations following This Regulation shall enter into force on the day of its tendering, including payment to the successful publication in the Official Journal of the European tenderer. Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 20 June 1977 .
For the Commission
Finn GUNDELACH
Vice-President
No L 152/ 14 21 . 6. 77 Official Journal of the European Communities
ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
Numéro du lot Port de débarquement Tonnage à mettre en caf Période d'embarquement Inscription sur les sacs N. della partita Porto di sbarco Tonnellaggio da consegnare cif Perìodo d'imbarco Iscrizione sui sacchi Nr. des Loses Bestimmungshafen Nach cif zu bringende Menge Verschiffungszeitraum Aufschrift auf den Säcken Partiets nummer Lossehavn Mængde til levering cif Indskibningsperiode Påskrift pi sækkene No of lot Port of unloading Tonnage cif Loading period Inscription on the sacks Nr. van de partij Haven van lossing Cif aan te leveren hoeveelheid Periode van laden Melding op de zakken
1 Ashdod 800 1 to 15 . 8 . 1977 Wheat Flour / Gift of the 2 Ashdod 800 1 to 15 . 9 . 1977 European Economic Communi ty / Action of the International 3 Ashdod 900 1 to 15. 10 . 1977 Committee of the Red Cross / 4 993 1 to 15. 8 . 1977 For free distribution Aqaba