31977R1371

No L 156 / 30 Official Journal of the European Communities 25 . 6 . 77

COMMISSION REGULATION ( EEC) No 1371 /77 of 24 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 tions arising by virtue of participation in the invita­ COMMUNITIES , tion to tender for supplies to the International Committee of the Red Cross will be fulfilled ; Having regard to the Treaty establishing the European Economic Community, Whereas the Belgian intervention agency should be made responsible for the tendering procedure ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas the Commission must be informed quickly tion of the market in cereals ('), as last amended by of the tenders submitted in response to the invitation Regulation ( EEC) No 3138 /76 (2 ), and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No Whereas the Monetary Committee will be consulted ; 2750 /75 of 29 October 1975 laying down the condi­ whereas, in view of the urgency, the measures envis­ tions for the mobilization of cereals as food aid (3), and aged should be adopted in accordance with the condi­ in particular Article 6 thereof, tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the Whereas on 8 February 1977 the Council of the Euro­ 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 600 common agricultural policy (4), as last amended by tonnes of common wheat (in other words 397 tonnes Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; of common wheat flour) to the International Committee of the Red Cross under its 1976/ 77 food­ Whereas the measures provided for in this Regulation aid programme ; 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 Port Sudan , that is at the moment when the goods are actually Article 1 placed on 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 397 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 two lots of 198-5 tonnes each . should be taken of the effect on each tender of the currency situation in the Member State in which the 3 . The products shall be mobilized on the Commu­ customs export formalities will be completed ; nity market.

Whereas the award under the invitation to tender 4. Shipment shall be from a Community port. must be made in favour of the tenderer offering the best terms ; 5 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered to Port Whereas, should force majeure make it impossible to Sudan , that is at the moment when the goods are actu­ complete the operation in question within the time ally placed on the dock or in the lighter where appli­ limits specified, it must be made clear who is to bear cable . the liability for any resulting costs ; Whereas provision should be made for security to be 6. The successful tenderer shall deliver the product given for the purpose of guaranteeing that the obliga­ specified in paragraph 1 in new jute sacks lined with cotton sacks of a net capacity of 50 kilograms. (') OJ No L 281 , 1 . 1 1 . 1975 , p . 1 . (2 ) OJ No L 354, 24. 12. 1976, p . 1 . O OJ No 106, 30 . 10 . 1962, p . 2553 / 62 . (3 ) OJ No L 281 , 1 . 1 1 . 197.S , p . 89 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .

25 . 6 . 77 Official Journal of the European Communities No L 156/31

On the sacks shall be printed a red cross, 15 x 15 — in the case when the currencies concerned are cm, as well as the following : kept at any given moment within a band of Lot 1 : 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 of the currencies concerned recorded in the Member the Red Cross/ For free distribution '. State in which the invitation to tender is issued Lot 2 : during a period from the Wednesday of one week to the Tuesday of the following week being the Wheat flour/Gift of the European Economic Commu­ period immediately preceding the dosing date for nity/Action of the International Committee of the submission of tenders . Red Cross/ For free distribution '.

To allow for the possibility of re-bagging, the Article 4 successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the The contract shall be awarded to the tenderer offering goods but with the printing followed by a capital the best terms, taking into consideration the adjust­ letter ' R '. ment referred to in Article 3 (3).

Article 2 However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 1 . The decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided for in Article 1 shall be taken on 8 July 1977 . Article 5 2. The closing date for the submission of tenders shall be 8 July 1977 at 12 noon . 1 . The tenderer shall give security in an amount of 10 units of account per tonne of goods. 3 . The notice of invitation to tender shall be published in the Official Journal of the European It shall be released : Communities not less than nine days before the — in the case of all tenderers whose tenders are closing date for the submission of tenders. unsuccessful or are not accepted, — in the case of the successful tenderer, when the Article 3 operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation the original export licence duly granted and to tender was issued . endorsed by the competent authorities of the Member State mentioned in the tender pursuant 2. Tenders must in particular mention the Member to Article 3 (2), State in which the tenderer, in the event of his being — in the case of the successful tenderer for quantities declared successful, expects to complete the customs not supplied by reason of force majeure. export formalities for the products concerned. 2. The security required under paragraph 1 may be 3 . For the purpose of rendering the tenders compar­ provided in the form of a cash deposit or of a able, the prices shall , where appropriate, be corrected guarantee issued by a credit institution conforming to by the monetary compensatory amount and the acces­ criteria laid down by each Member State . sion compensatory amount applicable on the closing date for submission of tenders to exports from the Member State mentioned in the tender pursuant to Article 6 paragraph 2 . 1 . The common wheat flour referred to in Article 1 Such correction shall be made by : to be supplied to the International Committee of the — increasing prices which mention a Member State Red Cross must meet the following requirements : whose currency has depreciated or a new Member — moisture : 1 2 % maximum , State , — protein content : 10-5 % minimum (N x 6-25 on — reducing prices which mention a Member State dry matter), whose currency has been revalued . — ash content : 0-52 % maximum referred to dry The monetary compensatory amount shall , where matter . appropriate, be converted into the currency of the Member State in which the invitation to tender k Flour not meeting these requirements shall be issued using : refused .

No L 156/32 Official Journal of the European Communities 25 . 6 . 77

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 — moisture : 12% maximum , currency of the Member State in which the operations 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 and the sible for the operations relating to the invitation to expected date of arrival of the products at their tender provided for by this Regulation . destination ; 2 . It shall forthwith communicate to the Commis­ (c) all possible contingencies which might occur sion the list of firms which have responded to the invi­ during transportation of the products. 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 successful tenderer . tion provided for to the Commission as soon as it is 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 ten­ tion necessary for releasing the security. derer.

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 require . Communities.

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

Done at Brussels, 24 June 1977.

For the Commission

Guido BRUNNER Member of the Commission