31979R1190

No L 148 /38 Official Journal of the European Communities 16 . 6 . 79

COMMISSION REGULATION ( EEC) No 1190/79 of 15 June 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 Having regard to Council Regulation (EEC) No given for the purpose of guaranteeing that the obliga­ 2750/75 of 29 October 1975 laying down the condi­ tions arising by virtue of participation in the invita­ tions for the mobilization of cereals as food aid (3), and tion to tender for supplies to the International in particular Article 6 thereof, Committee of the Red Cross will be fulfilled ;

Having regard to Council Regulation No 129 on the Whereas the Belgian intervention agency should be value of the unit of account and the exchange rates to made responsible for the tendering procedure ; be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) Whereas the Commission must be informed quickly No 2543/73 (5), and in particular Article 3 thereof, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the opinion of the Monetary Committee, Whereas Council Regulation (EEC) No 652/79 of 29 Whereas on 30 January 1978 the Council of the Euro­ March 1 979 (6) laid down the coefficient for pean Communities declared that it proposed, by way expressing amounts, fixed in units of account, in of Community action, to grant the equivalent of 800 ECU ; tonnes of common wheat (in other words 530 tonnes of common wheat flour) to the International Whereas the measures provided for in this Regulation Committee of the Red Cross under its 1977/78 food­ are in accordance with the opinion of the Manage­ aid programme ; ment Committee for Cereals,

Whereas pursuant to Article 3 (3) of Council Regula­ 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 Ashdod, 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 in any Member State of the Community and Community action , of 530 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 that the tenders are as comparable as possible, account 2. The tendering procedure shall take place in should be taken of the effect on each tender of the Belgium in one lot. currency situation in the Member State in which the customs export formalities will be completed ; 3. The products shall be mobilized on the Commu­ nity market. ( i ) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6. 1978 , p. 1 . 4. Shipment shall be from a Community port. h) OJ No L 281 , 1 . 11 . 1975, p. 89. (4) OJ No 106, 30. 10 . 1962, p . 2553/62. (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 . (6) OJ No L 84, 4. 4. 1979, p. 1 .

16 . 6 . 79 No L 148 / 39 Official Journal of the European Communities

5. The invitation to tender provided for in para­ — reducing prices which mention a Member State graph 1 is for supply of products delivered to Ashdod, whose currency has been revalued . that is at the moment when the goods are actually placed on the dock or in the lighter where applicable. The monetary compensatory amount shall, where appropriate, be converted into the currency of the 6. The successful tenderer shall deliver the product Member State in which the invitation to tender is specified in paragraph 1 in new jute sacks lined with issued using : cotton sacks of a net capacity of 50 kilograms. — in the case when the currencies concerned are On the sacks shall be printed a red cross, 15 x 15 kept at any given moment within a band of cm , as well as the following : 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 the currencies concerned recorded in the Member of the Red Cross / For free distribution .' State in which the invitation to tender is issued during a period from the Wednesday of one week To allow for the possibility of re-bagging, the to the Tuesday of the following week being the successful tenderer shall supply 2 % of new empty period immediately preceding the closing date for sacks, of the same quality as those containing the submission of tenders . goods but with the printing followed by a capital letter ' R'.

Article4¶

The contract shall be awarded to the tenderer offering 1 . The decision on tenders received in response to the best terms, taking into consideration the adjust­ the invitation provided for in Article 1 shall be taken ment referred to in Article 3 (3). on 28 June 1979 .

However, if the tenders submitted do not appear to 2. The closing date for the submission of tenders reflect normal market prices and costs, the interven­ shall be 28 June 1979 at 12 noon . tion agency may cancel the invitation to tender.

3 . The notice of invitation to tender shall be published in the Official Journal of the European Communities not less than nine days before the Article 5 closing date for the submission of tenders.

1 . The tenderer shall give security in an amount of 12 ECU per tonne of goods. Article 3

It shall be released : 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — in the case of all tenderers whose tenders are to tender was issued . unsuccessful or are not accepted,

2. Tenders must in particular mention the Member — in the case of the successful tenderer, when the State in which the tenderer, in the event of his being operations concerned have been carried out within declared successful , expects to complete the customs the prescribed time limit and on submission of export formalities for the products concerned. the original export licence duly granted and endorsed by the competent authorities of the Member State mentioned in the tender pursuant 3. For the purpose of rendering the tenders compar­ to Article 3 (2), able, the prices shall, where appropriate, be corrected by the monetary compensatory amount applicable on — in the case of the successful tenderer for quantities the closing date for submission of tenders to exports not supplied by reason of force majeure. from the Member State mentioned in the tender pursuant to paragraph 2. Such correction shall be made by : 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a — increasing prices which mention a Member State guarantee issued by a credit institution conforming to whose currency has depreciated, criteria laid down by each Member State.

No L 148/40 16 . 6 . 79 Official Journal of the European Communities

Article 6 vention agency of the Member State concerned and shall supply it with all the information which it may 1 . The common wheat flour referred to in Article 1 require . to be supplied to the International Committee of the Red Cross must meet the following requirements : Furthermore, the amount of the successful tender shall be paid after it has been converted using the — moisture : 14% maximum , average of the spot rates referred to in the second — protein content : 10.5 % minimum (N x 6.25 on subparagraph of Article 3 (3) to the tenderer in the dry matter), currency of the Member State in which the operations — ash content : 0.52 % maximum referred to dry relating to the tendering are completed. matter . 4. The intervention agency shall ask that the Flour not meeting these requirements shall be tenderer specifies the following information : refused . (a) after each shipment, a statement giving details of 2. Tenders for supply to the International the quantities loaded, the quality of the products Committee of the Red Cross of the common wheat and their packaging ; flour referred to in Article 1 must relate to a product (b) the date of the departure of the ships and the with the following characteristics : expected date of arrival of the products at their — moisture : 1 4 % maximum, destination ; — protein content : 10.5 % minimum (N x 6-25 on (c) all possible contingencies which might occur dry matter, during transportation of the products. — ash content : 0.52 % maximum referred to dry The intervention agency shall transmit the informa­ matter. tion provided for to the Commission as soon as it is received . Article 7 5. When the intervention agency responsible for 1 . The Belgian intervention agency shall be respon­ the operations relating to tendering is not the interven­ sible for the operations relating to the invitation to tion agency which appoints the successful tenderer, it tender provided for by this Regulation . shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. 2. It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ Article 8 tation to tender, specifying the terms of each tender, together with the name and business name of the As regards this tender, the intervention agency is auth­ successful tenderer. orized to make an initial payment of 80 % of the value of the quantity given in the bill of lading, on 3. Where the customs export formalities for the presentation of that document and subject to the mobilized product are completed in a Member State other than that in which the invitation to tender is taking of a security for an amount equal to the initial payment. issued, the intervention agency of the latter Member State shall be responsible for the operations following Article 9 tendering, including payment to the successful ten­ derer. This Regulation shall enter into force on the day of its In such case, the intervention agency choosing the publication in the Official Journal of the European successful tenderer shall immediately inform the inter­ Communities.

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

Done at Brussels, 15 June 1979 .

For the Commission

Finn GUNDELACH

Vice-President