31978R1201

No L 147/ 6 3 . 6 . 78 Official Journal of the European Communities

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 made responsible for the tendering procedure ; 2727/75 of 29 October 1975 on the common organiza­ 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 flour. 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 2. The tendering procedure shall take place in Belgium in one lot. that the tenders are as comparable as possible, account 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 .

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,

— 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 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 not supplied by reason of force majeure. 3 . For the purpose of rendering the tenders compar­ able, the prices shall , where appropriate, be corrected 2. The security required under paragraph 1 may be by the monetary compensatory amount applicable on provided in the form of a cash deposit or of a the closing date for submission of tenders to exports from the Member State mentioned in the tender guarantee issued by a credit institution conforming to criteria laid down by each Member State . pursuant to paragraph 2.

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 .

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 received . sion the list of firms which have responded to the invi­ 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 Article 8. issued, the intervention agency of the latter Member State shall be responsible for the operations following As regards this tender, the intervention agency is auth­ tendering, including payment to the successful orized to make an initial payment of 80 % of the tenderer. 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 Communities. average of the spot rates referred to in the second

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