31978R1202

3 . 6 . 78 Official Journal of the European Communities No L 147/9

COMMISSION REGULATION (EEC) No 1202/78

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 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 11 25/78 (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 1 000 common agricultural policy (4), as last amended by tonnes of common wheat (in other words 662 tonnes Regulation (EEC) No 2543/73 (5), and in particular 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 Port Sudan, that is at the moment when the goods are actually Article 1 placed on the dock or in the lighter where applicable ;

Whereas tenders may be submitted by tenderers esta­ 1 . Tenders are hereby invited for the supply to the blished in any Member State of the Community and International Committee of the Red Cross, by way of may relate to products mobilized anywhere within Community action, of 662 tonnes of common wheat 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 331 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 . 11 . 1975, p. 1 . [2) OJ No L 142, 30 . 5. 1978, p. 21 . (4) OJ No 106, 30 . 10. 1962, p. 2553/62. ;}) OJ No L 281 , 1 . 11 . 1975, p. 89. (5) OJ No L 263 , 19 . 9 . 1973, p. 1 .

No L 147/ 10 3 . 6 . 78 Official Journal of the European Communities

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 2-25 % , a conversion rate resulting from their ' Lot 1 : central rate, Wheat flour/Gift of the European Economic Commu­ — in the other cases, the average of the spot rates of nity/Action of the International Committee of the the currencies concerned recorded in the Member Red Cross/ For free distribution '. State in which the invitation to tender is issued during a period from the Wednesday of one week ' Lot 2 : to the Tuesday of the following week being the Wheat flour/Gift of the European Economic Commu­ period immediately preceding the closing date for submission of tenders . nity/Action of the International Committee of the Red Cross/ For free distribution '.

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

However, if the tenders submitted do not appear to Article 2 reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 1 . The decision on tenders received in reponse to the invitation provided for in Article 1 shall be taken on 16 June 1978 . Article 5

2. The closing date for the submission of tenders 1 . The tenderer shall give security in an amount of shall be 16 June 1978 at 12 noon . 10 units of account per tonne of goods.

3 . The notice of invitation to tender shall be It shall be released : published in the Official Journal of the European — in the case of all tenderers whose tenders are Communities not less than nine days before the closing date for the submission of tenders . unsuccessful or are not accepted, — in the case of the successful tenderer, when the operations concerned have been carried out within Article 3 the prescribed time limit and on submission of 1 . The prices offered must be expressed in the the original export licence duly granted and endorsed by the competent authorities of the currency of the Member State in which the invitation to tender was issued . Member State mentioned in the tender pursuant to Article 3 (2), 2. Tenders must in particular mention the Member — in the case of the successful tenderer for quantities State in which the tenderer, in the event of his being not supplied by reason of force majeure. declared successful , expects to complete the customs export formalities for the products concerned. 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a 3. For the purpose of rendering the tenders compar­ guarantee issued by a credit institution conforming to able, the prices shall , where appropriate, be corrected criteria laid down by each Member State . by the monetary compensatory amount applicable on the closing date for submission of tenders to exports from the Member State mentioned in the tender Article 6 pursuant to 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 is Flour not meeting these requirements shall be issued using : refused .

3 . 6 . 78 No L 147/ 11 Official Journal of the European Communities

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 theii Article 7 destination ; (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 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 busine.ss name of the the operations relating to tendering is not the interven­ 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 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 Article 9 require.

Furthermore, the amount of the successful tender This Regulation shall enter 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

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