31979R1331

30 . 6 . 79 Official Journal of the European Communities No L 162 / 91

COMMISSION REGULATION ( EEC) No 1331 / 79 of 29 June 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the League of Red Cross Societies

THE COMMISSION OF THE EUROPEAN Whereas the Italian intervention agency should be COMMUNITIES, made responsible for the tendering procedure in ques­ tion ; Having regard to the Treaty establishing the European Economic Community, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Whereas Council Regulation ( EEC) No 652/79 of 29 Regulation (EEC) No 1 254/78 (2), March 1 979 (4 ) laid down the coefficient for expressing amounts, fixed in units of account, in ECU ; Having regard to Council Regulation ( EEC) No 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3 ), and Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ in particular Article 6 thereof, ment Committee for Cereals, Having regard to the opinion of the Monetary Committee,

HAS ADOPTED THIS REGULATION : Whereas on 30 January 1978 the Council of the Euro­ pean Communities declared that it proposed, by way of Community action, to grant the equivalent of 91 Article 1 tonnes of common wheat ( in other words 60 tonnes of common wheat flour) to the League of Red Cross 1 . Tenders are hereby invited for the supply to the Societies under its 1977/78 food-aid programme ; League of Red Cross Societies, by way of Community food-aid action , of 60 tonnes of common wheat flour. Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased 2. The tendering procedure shall take place in Italy anywhere on the Community market ; in one lot. The product shall be mobilized on the Community market. The product shall be loaded for Whereas the proposed invitation to tender should be departure from any Community port. for supply of the products to the dock or in the lighter where applicable at the port of unloading ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products to the dock , or in Whereas tenders may be submitted by tenderers esta­ the lighter where applicable, in the port of Suva. blished in any Member State of the Community and may relate to products mobilized anywhere within 4. The successful tenderer shall deliver the product those Member States ; whereas, in view of the currency specified in paragraph 1 in new jute sacks lined with situation in the Member States and in order to ensure cotton sacks of a net capacity of 50 kilograms. that the tenders are as comparable as possible, account should be taken of the effect on each tender of the Minimum weight of the sacks shall be 600 grams . currency situation in the Member State in which the customs export formalities will be completed ; 5. The following shall be printed on the sacks :

Whereas the award under the invitation to tender 'Wheat flour / Gift of the European Economic Community to Fiji / For free distribution / Suva .' must be made to the tenderer offering the best terms ;

To allow for the possibility of re-bagging, the Whereas provision should be made for security to be successful tenderer shall supply 2 % of new empty given to guarantee fulfilment of the obligations arising sacks, of the same quality as those containing the by virtue of participation in the invitation to tender ; goods but with the printing followed by a capital letter ' R '. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14 . 6 . 1978 , p. 1 . (3 ) OJ No L 281 , I. 11 . 1975, p. 89 . (4 ) OJ No L 84, 4. 4 . 1979 , p. 1 .

No L 162/ 92 Official Journal of the European Communities 30 . 6 . 79

Article2¶

1 . The decision on tenders received in response to 1 . The tenderer shall give security of an amount of the invitation provided for in Article 1 shall be taken 12 ECU per tonne of goods . on 13 July 1979 . It shall be released : 2. The closing date for the submission of tenders — in the case of all tenderers whose tenders are shall be 13 July 1979 at 12 noon . unsuccessful or are not accepted, 3 . The notice of invitation to tender shall be — in the case of the successful tenderer, when the published in the Official Journal of the European operations concerned have been carried out within Communities not less than nine days before the the prescribed time limit and on submission of closing date for the submission of tenders. the original export licence, duly granted and endorsed by the competent authorities of the Article 3 Member State mentioned in the tender pursuant to Article 3 ( 2), 1 . The prices offered must be expressed in the — in the case of the successful tenderer, for quanti­ currency of the Member State in which the invitation to tender was issued . ties not supplied by reason of force majeure.

2 . The security required under paragraph 1 may be 2 . Tenders must in particular mention the Member provided in the form of a cash deposit or of a State in which the tenderer, in the event of his being guarantee issued by a credit institution conforming to declared successful , expects to compete the customs criteria laid down by each Member State . export formalities for the products concerned .

3 . For the purpose of rendering the tenders compar­ Article 6 able, the prices shall , where appropriate, be corrected by the monetary compensatory amount applicable on 1 . The common wheat flour referred to in Article 1 the closing date for submission of tenders to exports to be supplied to the League of Red Cross Societies from the Member State mentioned in the tender must meet the following requirements : pursuant to paragraph 2. Such correction shall be made by : — moisture : 14% maximum , — increasing prices which mention a Member State — protein content : 1 0-5 % minimum (N x 6-25 on whose currency has depreciated, dry matter), — reducing prices which mention a Member State — ash content : 0-52 % maximum referred to dry matter . whose currency has been revalued .

The monetary compensatory amount shall , where Flour not meeting these requirements shall be appropriate, be converted into the currency of the refused . Member State in which the invitation to tender is issued using : 2. Tenders for supply to the League of Red Cross Societies of the common wheat flour referred to in — in the case when the currencies concerned are Article 1 must relate to a product with the following kept at any given moment within a band of characteristics : 2-25 % , a conversion rate resulting from their ccntral rate, — moisture : 14% maximum , — in other cases, the average of the spot rates of the — protein content : 1 0-5 % minimum (N x 6-25 on currencies concerned recorded in the Member dry matter), State in which the invitation to tender is issued — ash content : 0-52 % maximum referred to dry during a period from the Wednesday of one week matter . to the Tuesday of the following week being the period immediately preceding the closing date for submission of tenders . Article 7

Article 4 1 . The Italian intervention agency shall be respon­ sible for organizing the invitation to tender provided The contract shall be awarded to the tenderer offering for by this Regulation . the best terms, taking into consideration the adjust­ 2 . It shall forthwith communicate to the Commis­ ment referred to in Article 3 (3 ). sion the list of firms which have responded to the invi­ However, if the tenders submitted do not appear to tation to tender, specifying the terms of each tender, reflect normal prices and costs, the intervention together with the name and business name of the successful tenderer . agency may cancel the invitation to tender .

30 . 6 . 79 Official Journal of the European Communities No L 162/ 93

3 . Where the customs export formalities for the (c) all possible contingencies which might occur mobilized product are completed in a Member State during transportation of the products. other than that in which the invitation to tender is issued , the intervention agency of the latter Member The information indicated above shall be forwarded State shall be responsible for the operations following by the intervention agency to the Commission imme­ tendering, including payment to the successful diately upon receipt . tenderer. 5. When the intervention agency responsible for In such case, the intervention agency choosing the the operations relating to tendering is not the interven­ successful tenderer shall immediately inform the inter­ tion agency which appoints the successful tenderer, it vention agency of the Member State concerned and shall send as soon as possible to the latter the informa­ shall supply it with all the information which it may tion necessary for releasing the security . require .

Furthermore , the amount of the successful tender Article 8 shall be paid after it has been converted using the average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the As regards this tender, the intervention agency is auth­ currency of the Member State in which tlu operations orized to make an initial payment of 80 % of the relating to the tendering are completed . value of the quantity given in the bill of lading, on presentation of that document and subject to the 4. The intervention agency shall request the taking of a security for an amount equal to the initial successful tenderer to supply the following informa­ payment . tion : (a) after each shipment, a statement giving details of the quantities loaded , the quality of the products Article 9 and the type of packing ; (b) the date of the departure of the ships ; the esti­ This Regulation shall enter into force on the day of its mated date of arrival of the products at their desti­ publication in the Official Journal of the European nation ; Communities.

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

Done at Brussels, 29 June 1979 .

For the Commission

Finn GUNDELACH Vice-President