CELEX: 31976R1404
Language: en
Date: 1976-06-19 00:00:00
Title: Commission Regulation (EEC) No 1404/76 of 18 June 1976 opening an invitation to tender for the mobilization of maize as food aid for the United Republic of Tanzania

No L 158 / 18                           Official Journal of the European Communities                            19 . 6 . 76
                                  COMMISSION REGULATION (EEC) No 1404/76
                                                        of 18 June 1976
               opening an invitation to tender for the mobilization of maize as food aid for the
                                                 United Republic of Tanzania
THE COMMISSION OF THE EUROPEAN                                     whereas provision should be made for security to be
COMMUNITIES,                                                      given to guarantee fulfilment of the obligations arising
                                                                  by virtue of participation in the invitation to tender ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas the French intervention agency should be
                                                                   made responsible for the tendering procedure in ques­
Having regard to Council Regulation (EEC) No                       tion ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (*), as amended by Regula­          Whereas the Commission must be informed quickly
tion (EEC) No 1 143/76 (2),                                        of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                 Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), and         whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,                                   aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
Whereas on 25 March 1976 the Council of the Euro­                  No 129 (4) on the value of the unit of account and the
pean Communities declared that by way of Commu­                    exchange rates to be applied for the purposes of the
nity action it proposed to grant the United Republic               common agricultural policy, as last amended by Regu­
of Tanzania 2 000 metric tons of maize under its                   lation (EEC) No 2543/73 (5), and in particular Article
 1975/76 food-aid programme ;                                      3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­               Whereas the measures provided for in this Regulation
tion (EEC) No 2750/75 the goods may be purchased                   are in accordance with the opinion of the Manage­
anywhere on the Community market ;                                 ment Committee for Cereals,
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
                                                                   HAS ADOPTED THIS REGULATION :
nated by the recipient or its agent ;
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                                               Article 1
 may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure               1 . Tenders are hereby invited for the supply to the
 that the tenders are as comparable as possible, account           United Republic of Tanzania by way of Community
                                                                   food-aid action of 2 000 metric tons of maize .
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 ;                     2. The tendering procedure shall take place in
                                                                    France in one lot. The product shall be mobilized on
Whereas the award under the invitation to tender                    the Community market. The product shall be loaded
 must be made in favour of the tenderer offering the                for departure from any Community port.
 best terms ;
                                                                    3 . The product referred to in paragraph 1 is to be
 Whereas, should force majeure make it impossible to                delivered in bulk to the port of shipment in the
 complete the operation in question within the set                 vicinity of the vessel . The goods must be set down at
 time limit, it should be made clear who is to bear the             the place nominated by the recipient country or its
 liability for any resulting costs ;                                agent, the timing of delivery being settled by the
                                                                    tenderer and the recipient country's agent.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 130, 19 . 5 . 1976, p. 1 .                             (4 ) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(3 ) OJ No L 281 , 1 . 11 . 1975, p . 89 .                         (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- 19 . 6 . 76                        Official Journal of the European Communities                          No L 158 / 19
                        Article 2                            However, if the tenders submitted do not appear to
                                                             reflect normal market prices and costs, the interven­
1 . The decision on tenders received in response to          tion agency may cancel the invitation to tender.
the invitation provided for in Article 1 shall be taken
on 2 July 1976.
                                                                                       Article 5
2. The closing date for submission of tenders shall
be 2 July 1976, at 12 noon .                                 If the tenderer is unable to deliver the goods in
                                                             compliance with Article 1 (3) on the date given in the
3.     The   notice of  invitation to   tender shall  be     notice of invitation to tender as a result of the late
published in the Official Journal of the European            availability of the vessels to be used for sea transporta­
Communities not less than nine days before the               tion , the resulting costs shall be borne by the interven­
closing date for submission of tenders.                      tion agency.
                                                                                       Article 6
                        Article 3
                                                              1 . The tenderer shall give security in an amount of
1 . The prices offered must be expressed in the              five units of account per metric ton of goods .
currency of the Member State in which the invitation
to tender was issued .                                       It shall be released :
                                                             — in the case of all tenderers whose tenders are
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being            unsuccessful or are not accepted,
declared successful, expects to complete the customs         — in the case of the successful tenderer, when the
export formalities for the products concerned.                    operations concerned have been carried out within
                                                                  the prescribed time limit and on submission of
3 . For the purpose of rendering the tenders compar­              the original export licence duly granted and
able, the prices shall, where appropriate, be corrected           endorsed by the competent authorities of the
by the monetary compensatory amount and the acces­                Member State mentioned in the tender pursuant
sion compensatory amount applicable on the closing                to Article 3 (2),
date for submission of tenders to exports from the           — in the case of the successful tenderer for quantities
Member State mentioned in the tender pursuant to                  not supplied by reason of force majeure.
paragraph 2.
                                                             2. The security required under paragraph 1 may be
Such correction shall be made by :                           provided in the form of a cash deposit or of a
— increasing prices which mention a Member State             guarantee issued by a credit institution conforming to
     whose currency has depreciated or a new Member          criteria laid down by each Member State .
     State,
— reducing prices which mention a Member State                                         Article 7
     whose currency has been revalued .                      The maize referred to in Article 1 must be of fair and
The monetary compensatory amount shall, where                sound merchantable quality and correspond at least to
appropriate, be converted into the currency of the           the standard quality for which the intervention price
Member State in which the invitation to tender is            is fixed .
issued using :
                                                                                       Article 8
— 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 .
— in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member         2.     It shall forthwith communicate to the Commis­
     State in which the invitation to tender is issued       sion the list of firms which have responded to the invi­
     during a period from the Wednesday of one week          tation to tender, specifying the terms of each tender,
     to the Tuesday of the following week being the          together with the name and business name of the
                                                             successful tenderer .
     period immediately preceding the closing date for
     submission of tenders .
                                                             3 . Where the customs export formalities for the
                                                             mobilized product are completed in a Member State
                        Article 4                            other than that in which the invitation to tender is
                                                             issued, the intervention agency of the latter Member
The contract shall be awarded to the tenderer offering       State shall be responsible for the operations following
the best terms, taking into consideration the adjust­        tendering, including payment to the successful
ment referred to in Article 3 (3).                           tenderer.
 ---pagebreak--- No L 158 / 20                      Official Journal of the European Communities                              19 . 6 . 76
In such case, the intervention agency choosing the           5.     when the intervention agency responsible for
successful tenderer shall immediately inform the inter­      the operations relating to tendering is not the interven­
vention agency of the Member State concerned and             tion agency which appoints the successful tenderer, it
shall supply it with all the information which it may        shall send as soon as possible to the latter the informa­
require .                                                    tion necessary for releasing the security.
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                  Article 9
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the         On delivery of the goods at the port of shipment, a
currency of the Member State in which the operations          handing-over certificate shall be supplied to the
relating to the tendering are completed .                    successful tenderer, acting as agent for the Commu­
4. The intervention agency shall request the                 nity, by the agent of the recipient country or, in the
successful tenderer to supply the following informa­         absence of the latter, by the intervention agency of the
tion :                                                       Member State in whose territory the port of shipment
                                                             is situated .
(a) after each shipment a certificate showing the quan­
    tities dispatched and the quality of the products ;
                                                                                     Article 10
(b) the date of departure of the vessels.
The information indicated above shall be forwarded           This Regulation shall enter into force on the day of its
by the intervention agency to the Commission imme­            publication in the Official Journal of the European
diately upon receipt.                                         Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 18 June 1976.
                                                                       For the Commission
                                                                           P.J. LARDINOIS
                                                                   Member of the Commission