31979R2475

No L 281 / 16 Official Journal of the European Communities 10 . 11 . 79

COMMISSION REGULATION ( EEC) No 2475 /79 of 9 November 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 Having regard to the Treaty establishing the European customs export formalities will be completed ; 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 1547/79 0, 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 Italian 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 2 300 tonnes of common wheat (in other words 1 729 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 Hon Ngu Bay, that is at the moment when the goods are actually Article ! placed on 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 1 729 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 Italy in one lot . (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 188 , 26 . 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 .

10 . 11 . 79 Official Journal of the European Communities No L 281 / 17

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 Hon whose currency has been revalued . Ngu Bay, 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 Member State in which the invitation to tender is 6 . The successful tenderer shall deliver the product 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 kept at any given moment within a band of Minimum weight of sacks shall be 600 grams. 2-25 % a conversion rate resulting from their central rate , On the sacks shall be printed a red cross, 15 x 15 cm , as well as the following : — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member VTNH-4 / Farine de froment / Don de la Commu­ State in which the invitation to tender is issued nauté économique européenne / Action du Comité during a period from the Wednesday of one week international de la Croix-Rouge / À distribuer gratuite­ to the Tuesday of the following week being the ment / Hon Ngu Bay'. 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 goods but with the printing followed by a capital Artie c 4 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).

1 . The decision on tenders received in response to However, if the tenders submitted do not appear to the invitation provided for in Article 1 shall be taken on 23 November 1979 . reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 2. The closing date for the submission of tenders shall be 23 November 1979 at 12 noon . Article 5 3 . The notice of invitation to tender shall be published in the Official Journal of the European 1 . The tenderer shall give security in an amount of Communities not less than nine days before the 12 ECU per tonne of goods. closing date for the submission of tenders .

It shall be released : Article 3 — in the case of all tenderers whose tenders are unsuccessful or are not accepted , 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — in the case of the successful tenderer, when the to tender was issued . 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 able, the prices shall, where appropriate, be corrected not supplied by reason of force majeure. 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 pusuant to paragraph 2. Such correction shall be made guarantee issued by a credit institution conforming to by : criteria laid down by each Member State .

No L 281 / 18 Official Journal of the European Communities 10 . 11 . 79

Article 6 ventjon agency of the Member State concerned and shall supply it with all the information whch 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 — moisture : 14 % maximum , shall be paid after it has been converted using the average of the spot rates referred to in the second — protein content : 10-5 % (N x 6-25 on dry subparagraph of Article 3 (3) to the tenderer in the 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 : 14 % 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 matter . The intervention agency shall transmit the informa­ tion provided for to the Commission as soon as it is received . Article 7 5. When the intervention agency responsible for 1 . The Italian 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 2. It shall forthwith communicate to the Commis­ tion necessary for releasing the security. 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 3. Where the customs export formalities for the value of the quantity given in the bill of lading, on mobilized product are completed in a Member State presentation of that document and subject to the other than that in which the invitation to tender is taking of a security for an amount equal to the initial issued, the intervention agency of the latter Member payment . State shall be responsible for the operations following tendering, including payment to the successful Article 9 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, 9 November 1979 . For the Commission Finn GUNDELACH Vice-President