31979R0698

7 . 4 . 79 Official Journal of the European Communities No L 87/ 17

COMMISSION REGULATION ( EEC) No 698 / 79

of 6 April 1979

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 the award under the invitation to tender COMMUNITIES , must be made in favour of the tenderer offering the best terms ; Having regard to the Treaty establishing the European Economic Community, Whereas, should force majeure make it impossible to complete the operation in question within the time Having regard to Council Regulation (EEC) No limits specified , it must be made clear who is to bear 2727/75 of 29 October 1975 on the common organiza­ the liability for any resulting costs ; tion of the market in cereals ('), as last amended by Regulation (EEC) No 1 254/78 (2 ), Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ Having regard to Council Regulation (EEC) No tions arising by virtue of participation in the invita­ 2750/75 of 29 October 1975 laying down the condi­ tion to tender for supplies to the International tions for the mobilization of cereals as food aid (3), and Committee of the Red Cross will be fulfilled ; in particular Article 6 thereof,

Whereas the Belgian intervention agency should be Having regard to Council Regulation No 129 on the made responsible for the tendering procedure ; value of the unit of account and the exchange rates to be applied for the purposes of the common agricul­ Whereas the Commission must be informed quickly tural policy (4), as last amended by Regulation ( EEC) of the tenders submitted in response to the invitation No 2543/73 (5), and in particular Article 3 thereof, and of those accepted by the intervention agency ; Having regard to the opinion of the Monetary Committee , Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas on 30 January 1978 the Council of the Euro­ ment Committee for Cereals, pean Communities declared that it proposed , by way of Community action , to grant the equivalent of 1 500 tonnes of common wheat (in other words 993 tonnes HAS ADOPTED THIS REGULATION : of common wheat flour) to the International Committee of the Red Cross under its 1977 / 78 food­ aid programme ; Article 1 Whereas pursuant to Article 3 (3) of Council Regula­ tion ( EEC) No 2750/75 the goods may be purchased 1 . Tenders are hereby invited for the supply to the anywhere on the Community market ; International Committee of the Red Cross, by way of Community action , of 993 tonnes of common wheat Whereas the proposed invitation to tender should be flour . for supply of the products delivered to Port Sudan , that is at the moment when the goods are actually 2 . The tendering procedure shall take place in placed on the dock or in the lighter where applicable ; Belgium in two lots .

Whereas tenders may be submitted by tenderers esta­ 3 . The products shall be mobilized on the Commu­ blished in any Member State of the Community and" nity market . may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 4. Shipment shall be from a Community port. situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 5 . The invitation to tender provided for in para­ should be taken of the effect on each tender of the graph 1 is for supply of products delivered to Port currency situation in the Member State in which the Sudan , that is at the moment when the goods are actu­ customs export formalities will be completed ; ally placed on the dock or in the lighter where appli­ cable . ('I OJ No L 281 , 1 . II . 1975 , p. 1 . (2 ) OJ No L 156, 14 . 6 . 1978 , p. 1 . 6 . The successful tenderer shall deliver the product (3 ) OJ No L 281 , 1 . 11 . 1975 , p. 89 . specified in paragraph 1 in new jute sacks lined with (<) OJ No 106, 30 . 10 . 1962, p . 2553 / 62 . 5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 . cotton sacks of a net capacity of 50 kilograms .

No L 87 / 18 7 . 4 . 79 Ofticial Journal of the European Communities

On the sacks shall be printed a red cross, 15 x 15 — in the other cases, the average of the spot rates of cm , as well as the following : the currencies concerned recorded in the Member State in which the invitation to tender is issued ' ER 49 / Wheat flour / Gift of the European Economic during a period from the Wednesday of one week Community / Action of the International Committee to the Tuesday of the following week being the of the Red Cross / For free distribution '. period immediately preceding the closing date for submission of tenders . To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the Article 4 goods but with the printing followed by a capital letter ' R '. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ Article 2 ment referred to in Article 3 (3).

However, if the tenders submitted do not appear to 1 . The decision on tenders received in response to reflect normal market prices and costs, the interven­ the invitation provided for in Article 1 shall be taken tion agency may cancel the invitation to tender. on 20 April 1979 .

2. The closing date for the submission of tenders Article 5 shall be 20 April 1979 at 12 noon .

3 . The notice of invitation to tender shall be 1 . The tenderer shall give security in an amount of published in the Official Journal of the European 10 units of account per tonne of goods. Communities not less than nine days before the closing date for the submission of tenders . It shall be released :

— in the case of all tenderers whose tenders are Article 3 unsuccessful or are not accepted ,

— in the case of the successful tenderer, when the 1 . The prices offered must be expressed in the operations concerned have been carried out within currency of the Member State in which the invitation the prescribed time limit and on submission of to tender was issued . the original export licence duly granted and endorsed by the competent authorities of the 2 . Tenders must in particular mention the Member Member State mentioned in the tender pursuant State in which the tenderer, in the event of his being to Article 3 (2), declared successful , expects to complete the customs — in the case of the successful tenderer for quantities export formalities for the products concerned . not supplied by reason of force majeure.

3 . For the purpose of rendering the tenders compar­ 2. The security required under paragraph 1 may be able, the prices shall , where appropriate, be corrected provided in the form of a cash deposit or of a by the monetary compensatory amount applicable on guarantee issued by a credit institution conforming to the closing date for submission of tenders to exports from the Member State mentioned in the tender 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 whose currency has depreciated , 1 . The common wheat flour referred to in Article 1

— reducing prices which mention a Member State to be supplied to the International Committee of the whose currency has been revalued . Red Cross must meet the following requirements :

— moisture : 14 % maximum , The monetary compensatory amount shall , where appropriate , be converted into the currency of the — protein content : 1 0-5 % minimum (N x 6-25 on Member State in which the invitation to tender is dry matter), issued using : — ash content : 0-52 % maximum referred to dry — in the case when the currencies concerned are matter . kept at any given moment within a band of 2*25 % , a conversion rate resulting from their Flour not meeting these requirements shall be central rate , refused .

7 . 4 . 79 No L 87 / 19 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 : 14% maximum , tenderer specifies the following information : — protein content : 10-5 % minimum (N x 625 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 ; (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 business 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 ten­ orized to make an initial payment of 80 % of the derer. 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 payment . vention agency of the Member State concerned and 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, 6 April 1979 .

For the Commission

Finn GUNDELACH

Vice-President