CELEX: 31979R2905
Language: en
Date: 1979-12-21 00:00:00
Title: Commission Regulation (EEC) No 2905/79 of 21 December 1979 opening an invitation to tender for the mobilization of maize meal as food aid for Caritas

22. 12. 79                                Official Journal of the European Communities                          No L 326/21
                                    COMMISSION REGULATION (EEC) No 2905/79
                                                       of 21 December 1979
               opening an invitation to tender for the mobilization of maize meal as food aid
                                                             for Caritas
THE COMMISSION OF THE EUROPEAN                                       should be taken of the effect on each tender of the
COMMUNITIES,                                                         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
                                                                     must be made to the tenderer offering the best terms ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                   Whereas, should force majeure make it impossible to
tion of the market in cereals ('), as last amended by                complete the operation in question within the time
Regulation (EEC) No 1547/79(2),                                      limits specified, it must be made clear who is to bear
                                                                     the liability for any resulting costs ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                    Whereas provision should be made for security to be
tions for the mobilization of cereals as food aid (3), and           given for the purpose of guaranteeing that the obliga­
in particular Article 6 thereof,                                      tions arising by virtue of participation in the invita­
                                                                      tion to tender will be fulfilled ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to                Whereas the French intervention agency should be
be applied for the purposes of the common agricul­                    made responsible for the tendering procedure ;
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 Com­                     and of those accepted by the intervention agency ;
mittee,
                                                                      Whereas the measures provided for in this Regulation
Whereas on 30 January 1978 the Council of the Euro­                   are in accordance with the opinion of the Manage­
pean Communities declared that it proposed, by way                    ment Committee for Cereals,
of Community action, to grant 222 tonnes of maize
meal      to   Caritas      under     its    1977/78    food-aid
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­                  HAS ADOPTED THIS REGULATION :
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                                               Article 1
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­                1 . Tenders are hereby invited for the supply to
 nated by the recipient or its agent ;                                 Caritas, by way of Community food-aid action, of 222
                                                                       tonnes of maize meal .
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                       2. The tendering procedure shall take place in
 may relate to products mobilized anywhere within                      France in one lot. The product shall be mobilized on
 those Member States ; whereas, in view of the currency                the Community market. The product shall be loaded
 situation in the Member States and in order to ensure                 for the departure from any Community port.
 that the tenders are as comparable as possible, account
                                                                       3. The goods must be set down at the port of ship­
(>)  OJ No   L 281 , 1 . 11 . 1975, p. 1 .                             ment in the vicinity of the vessel at the place nomi­
(2 ) OJ No   L 188 , 26. 7 . 1979, p. 1 .                              nated by the recipient country or its agent, the timing
  3) OJ No   L 281 , 1 . 11 . 1975, p. 89 .
(4)  OJ No   106, 30 . 10 . 1962, p. 2553/ 62.                         of delivery being settled by the tenderer and the recip­
(5)  OJ  No  L 263, 19 . 9 . 1973, p. 1 .                              ient country's agent.
 ---pagebreak--- No L 326/22                        Official Journal of the European Communities                           22. 12. 79
The successful tenderer shall deliver the product speci­     — in the other cases, the average of the spot rates of
fied in paragraph 1 in new jute sacks lined with                  the currencies concerned recorded in the Member
cotton sacks of a net capacity of 50 kilograms.                   State in which the invitation to tender is issued
                                                                  during a period from the Wednesday of one week
The following shall be printed on the sacks :                     to the Tuesday of the following week being the
                                                                  period immediately preceding the closing date for
'Maize meal / Gift of the European Economic                       submission of tenders.
Community to Caritas / For free distribution in
Uganda / Via Mombasa'.
                                                                                     Article 4
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty            The contract shall be awarded to the tenderer offering
sacks of the same quality as those containing the            the best terms, taking into consideration the adjust­
goods but with the printing followed by a capital             ment referred to in Article 3 (3).
letter 'R'.
                                                              However, if the tenders submitted do not appear to
                        Article 2                             reflect normal market prices and costs, the interven­
                                                              tion agency may cancel the invitation to tender.
1.     The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken                              Article 5
on 11 January 1980 .
2.     The closing date for submission of tenders shall       1 . The tenderer shall give security in an amount of
be 11 January 1980 at 12 noon .                               12 ECU per tonne of the products.
3.    The    notice of  invitation  to  tender  shall be      It shall be released :
published in the Official Journal of the European            — in the case of all tenderers whose tenders are
Communities not later than nine days before the                   unsuccessful or are not accepted,
closing date for submission of tenders.
                                                             — in the case of the successful tenderer, when the
                                                                  operations concerned have been carried out within
                        Article 3                                  the prescribed time limit and on submission of
                                                                   the original export licence, duly granted and
 1 . The prices offered must be expressed in the                  endorsed by the competent authorities of the
currency of the Member State in which the invitation               Member State mentioned in the tender pursuant
to tender was issued .                                             to Article 3 (2),
2. Tenders must in particular mention the Member              — in the case of the successful tenderer for quantities
State in which the tenderer, in the event of his being             not supplied by reason of force majeure.
declared successful, expects to complete the customs
export formalities for the products concerned .               2. The security required under paragraph 1 may be
                                                              provided in the form of a cash deposit or of a
3.     For the purpose of rendering the tenders compar­       guarantee issued by a credit institution conforming to
able, the prices shall be corrected by the monetary           criteria laid down by each Member State.
compensatory amount applicable on the closing date
for submission of tenders to exports from the Member                                 Article 6
State mentioned in the tender pursuant to paragraph
2. Such correction shall be made by :
                                                              The product referred to in Article 1 must meet the
— increasing prices which mention a Member State              following requirements :
     whose currency has depreciated,
                                                              — moisture content : maximum 13% ,
— reducing prices which mention a Member State
     whose currency has been revalued .                       — acidity : 0-6 % maximum .
The monetary compensatory amount shall , where                Products not meeting these requirements shall be
                                                              refused .
appropriate, be converted into the currency of the
Member State in which the invitation to tender is
issued using :
                                                                                     Article 7
— in the case when the currencies concerned are
     kept at any given moment within a band of                 1 . The French intervention agency shall be respon­
     2-25 % a conversion rate resulting from their            sible for organizing the invitation to tender provided
     central rate ,                                           for by this Regulation .
 ---pagebreak--- 22. 12. 79                         Official Journal of the European Communities                           No L 326/ 23
2.     It shall forthwith communicate to the Commis­          (a) after each shipment, a statement giving details of
sion the list of firms which have responded to the invi­           the quantities loaded, the quality of the products
tation to tender, specifying the terms of each tender,             and the type of packing ;
together with the name and business name of the               (b) the date of the departure of the ships.
successful tenderer.
                                                              The information indicated above shall be forwarded
3 . Where the customs export formalities for the              by the intervention agency to the Commission
mobilized product are completed in a Member State             immediately upon receipt.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member           5. When the intervention agency responsible for
State shall be responsible for the operations following        the operations relating to tendering is not the interven­
tendering, including payment to the successful                 tion agency which appoints the successful tenderer, it
tenderer.                                                      shall send as soon as possible to the latter the informa­
                                                               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          On delivery of the goods at the port of shipment, a
require.                                                       handing-over certificate shall be supplied to the
                                                               successful tenderer, acting as agent for the Commu­
Furthermore, the amount of the successful tender               nity, by the agent of the recipient country or, in the
shall be paid after it has been converted using the            absence of the latter, by the intervention agency of the
average of the spot rates referred to in the second            Member State in whose territory the port of shipment
subparagraph of Article 3 (3) to the tenderer in the           is situated .
currency of the Member State in which the operations
 relating to the tendering are completed .                                              Article 9
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, 21 December 1979 .
                                                                         For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President