31979R1973

8 . 9 . 79 No L 228 / 5 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1973 / 79 of 7 September 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 that the tenders are as comparable as possible , account COMMUNITIES , should be taken of the effect on each tender of the currency situation in the Member State in which the customs export formalities will be completed ; Having regard to the Treaty establishing the European Economic Community, Whereas the award under the invitation to tender Having regard to Council Regulation ( EEC) No must be made in favour of the tenderer offering the 2727/75 of 29 October 1975 on the common organiza­ best terms ; tion of the market in cereals ('), as last amended by Regulation ( EEC) No 1 547/79 (2), 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 2750/75 of 29 October 1975 laying down the condi­ the liability for any resulting costs ; tions for the mobilization of cereals as food aid ( 3 ), and in particular Article 6 thereof, Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ Having regard to Council Regulation No 129 on the tions arising by virtue of participation in the invita­ value of the unit of account and the exchange rates to tion to tender for supplies to the International be applied for the purposes of the common agricul­ Committee of the Red Cross will be fulfilled ; tural policy (4), as last amended by Regulation ( EEC) No 2543/73 ( 5 ), and in particular Article 3 thereof, Whereas the Dutch intervention agency should be made responsible for organizing the invitation to Having regard to the opinion of the Monetary tender ; Committee ,

Whereas the Commission must be informed quickly Whereas on 8 May 1979 the Council of the European of the tenders submitted in response to the invitation Communities declared that it proposed , by way of and of those accepted by the intervention agency ; Community action , to grant the equivalent of 1 200 tonnes of common wheat ( in other words 795 tonnes of common wheat flour) to the International Whereas the measures provided for in this Regulation Committee of the Red Cross under its 1978 / 79 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 quay 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 795 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 2. The tendering procedure shall take place in the Netherlands in one lot . (') OJ No L 281 , 1 . 11 . 1975 , p. 1 . (2 ) OJ No L 188 , 24 . 7 . 1979 , p. 1 . (3 ) OJ No L 281 , 1 . 11 . 1975 , p. 89 . (4 ) OJ No 106, 30 . 10 . 1962, p . 2553/ 62 . 3 . The products shall be mobilized on the Commu­ (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 . nity market .

No L 228 / 6 Official Journal of the European Communities 8 . 9 . 79

4. Shipment shall be from a Community port . — increasing prices which mention a Member State whose currency has depreciated, 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 quay 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 2-25 % , a conversion rate resulting from their cm , as well as the following : 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¶

Article 2 The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ 1 . The decision on tenders received in response to ment referred to in Article 3 (3). the invitation provided for in Article 1 shall be taken on 17 September 1979 . However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 2 . The closing date for the submission of tenders tion agency may cancel the invitation to tender. shall be 17 September 1979 at 12 noon .

3 . The notice of invitation to tender shall be Article 5 published in the Official Journal of the European Communities not less than nine days before the closing date for the submission of tenders . 1 . The tenderer shall give security in an amount of 1 2 ECU per tonne of goods .

It shall be released : Article 3

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

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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 destination ; — moisture : 14 % maximum , — 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 Dutch intervention agency shall be respon­ the operations relating to tendering is not the interven­ sible for operations relating to the invitation to tender tion agency which appoints the successful tenderer, it 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 Artii /e 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 tenderer . 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, 7 September 1979 .

For the Commission

Finn GUNDELACH Vice-President