31980R0099

19 . 1 . 80 Official Journal of the European Communities No L 14/ 5

; COMMISSION REGULATION (EEC) No 99/80 of 18 January 1980 \ opening a new 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 may relate to products mobilized anywhere within COMMUNITIES, those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure Having regard to the Treaty establishing the European that the tenders are as comparable as possible, account Economic Community, should be taken of the effect on each tender of the currency situation in the Member State in which the Having regard to Council Regulation (EEC) No customs export formalities will be completed ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals (*), as last amended by Whereas the award under the invitation to tender Regulation (EEC) No 1 547/79 (2), must be made to the tenderer offering the best terms ;

Having regard to Council Regulation (EEC) No Whereas provision should be made for security to be 2750/75 of 29 October 1975 laying down the condi­ given to guarantee fulfilment of the obligations arising tions for the mobilization of cereals as food aid (3), and by virtue of participation in the invitation to tender ; 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 in ques­ value of the unit of account and the exchange rates to tion ; be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to the opinion of the Monetary and of those accepted by the intervention agency ; Committee, Whereas the measures provided for in this Regulation Whereas on 8 May 1979 the Council of the European are in accordance with the opinion of the Manage­ Communities declared that it proposed, by way of ment Committee for Cereals, Community action, to grant the equivalent of 151 tonnes of common wheat (in other words 100 tonnes of common wheat flour) to the League of Red Cross Societies under its 1978 /79 food-aid programme ; HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased Article 1 anywhere on the Community market ;

Whereas the invitation to tender opened in the 1 . Tenders are hereby invited for the supply to the Community under Commission Regulation (EEC) No League of Red Cross Societies, by way of Community 1532/79 of 20 July 1979 opening an invitation to food-aid action , of 100 tonnes of common wheat tender for the mobilization of common wheat flour as flour. food aid for the League of Red Cross Societies (6) was not allocated ; whereas a new invitation to tender 2. The tendering procedure shall take place in should therefore be opened ; Belgium in one lot. The product shall be mobilized on the Community market. The product shall be Whereas the proposed invitation to tender should be loaded for departure from any Community port. for supply of the products delivered Kigali ; 3. The invitation to tender provided for in para­ Whereas tenders may be submitted by tenderers esta­ graph 1 is for supply of products delivered Kigali. blished in any Member State of the Community and

4. The successful tenderer shall deliver the product (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 188, 26. 7. 1979, p. 1 . specified in paragraph 1 in new jute sacks lined with P) OJ No L 281 , 1 . 11 . 1975, p. 89 . cotton sacks of a net capacity of 50 kilograms . (4) OJ No 106, 30. 10 . 1962, p. 2553/62. (5) OJ No L 263, 19 . 9 . 1973, p. 1 . 6 OJ No L 186, 24. 7. 1979, p. 16 . Minimum weight of the sacks shall be 600 grams.

No L 14/ 6 Official Journal of the European Communities 19 . 1 . 80

On the sacks shall be printed a red cross, 15 x 15 during a period from the Wednesday of one week cm, as well as the following : to the Tuesday of the following week being the period immediately preceding the closing date for ' Farine de froment tendre / Don de la Communauté submission of tenders . économique européenne / Action de la Ligue des sociétés de la Croix-Rouge / Pour distribution gratuite Article 4 / Kigali'.

To allow for the possibility of re-bagging, the The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ successful tenderer shall supply 2 % of new empty ment referred to in Article 3 (3). sacks, of the same quality as those containing the goods but with the printing followed by a capital However, if the tenders submitted do not appear to letter ' R '. reflect normal prices and costs, the intervention agency may cancel the invitation to tender. Article 2 Article 5 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken 1 . The tenderer shall give security of an amount of on 1 February 1980 . 12 ECU per tonne of goods.

2. The closing date for the submission of tenders It shall be released : shall be 1 February 1980 at 12 noon . — in the case of all tenderers whose tenders are 3 . The notice of invitation to tender shall be unsuccessful or are not accepted, published in the Official Journal of the European — in the case of the successful tenderer, when the Communities not less than nine days before the operations concerned have been carried out within closing date for the submission of tenders . the prescribed time limit and on submission of 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 currency of the Member State in which the invitation — in the case of the successful tenderer, for quanti­ to tender was issued . ties not supplied by reason of force majeure.

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

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 — moisture : 14% maximum , made by : — protein content : 1 0-5 % minimum (N x 6-25 on — increasing prices which mention a Member State dry matter), whose currency has depreciated , — ash content : 0-52 % maximum referred to dry — reducing prices which mention a Member State matter . whose currency has been revalued . Flour not meeting these requirements shall be The monetary compensatory amount shall , where refused . appropriate, be converted into the currency of the Member State in which the invitation to tender is 2. Tenders for supply to the League of Red Cross Societies of the common wheat flour referred to in issued using : Article 1 must relate to a product with the following — in the case when the currencies concerned are characteristics : kept at any given moment within a band of — moisture : 14% maximum , 2-25 % , a conversion rate resulting from their central rate, — protein content : 1 0-5 % minimum (N x 6-25 on dry matter), — in other cases, the average of the spot rates of the currencies concerned recorded in the Member — ash content : 0-52 % maximum referred to dry State in which the invitation to tender is issued matter .

19 . 1 . 80 No L 14/7 Official Journal of the European Communities

Article 7 (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products 1 . The Belgian intervention agency shall be respon­ and their packaging ; sible for organization the invitation to tender provided (b) the date of the departure of the ships ; the esti­ for by this Regulation . mated date of arrival of the products at their desti­ 2 . It shall forthwith communicate to the Commis­ nation ; sion the list of firms which have responded to the invi­ (c) all possible contingencies which might occur tation to tender, specifying the terms of each tender, during transportation of the products. together with the name and business name of the successful tenderer. The information indicated above shall be forwarded by the intervention agency to the Commission imme­ 3. Where the customs export formalities for the diately upon receipt. mobilized product are completed in a Member State other than that in which the invitation to tender is 5. When the intervention agency responsible for issued, the intervention agency of the latter Member the operations relating to tendering is not the interven­ State shall be responsible for the operations following tion agency which appoints the successful tenderer, it tendering, including payment to the successful shall send as soon as possible to the latter the informa­ tenderer . tion necessary for releasing the security. In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 8 vention agency of the Member State concerned and shall supply it with all the information which it may As regards this tender, the intervention agency is auth­ require . orized to make an initial payment of 80 % of the value of the quantity given in the bill of lading, on Furthermore, the amount of the successful tender presentation of that document and subject to the shall be paid after it has been converted using the taking of a security for an amount equal to the initial average of the spot rates referred to in the second payment. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 9 relating to the tendering are completed .

4. The intervention agency shall request the This Regulation shall enter into force on the day of its successful tenderer to supply the following informa­ publication in the Official Journal of the European tion : Communities.

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

Done at Brussels, 18 January 1980 .

For the Commission

Finn GUNDELACH Vice-President