CELEX: 31978R2515
Language: en
Date: 1978-10-27
Title: Commission Regulation (EEC) No 2515/78 of 27 October 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Cape Verde

No L 301 / 12                         Official Journal of the European Communities                           28 . 10 . 78
                                   COMMISSION REGULATION (EEC) No 2515/78
                                                      of 27 October 1978
               opening an invitation to tender for the mobilization of common wheat as food
                                            aid for the Republic of Cape Verde
 THE COMMISSION OF THE EUROPEAN                                     Whereas provisions should be made for security to be
  COMMUNITIES,                                                     given for the purpose of guaranteeing that the obliga­
                                                                   tions arising by virtue of participation in the invita­
  Having regard to the Treaty establishing the European            tion to tender will be fulfilled ;
  Economic Community,
                                                                   Whereas the French intervention agency should be
 Having regard to Council Regulation (EEC) No                      made responsible for the tendering procedure in ques­
 2727/75 of 29 October 1975 on the common organiza­                tion ;
 tion of the market in cereals (!), as last amended by
 Regulation (EEC) No 1 254/78 (2),                                 Whereas the Commission must be informed quickly
                                                                   of the tenders submitted in response to the invitation
 Having regard to Council Regulation (EEC) No                      and of those accepted by the intervention agency ;
 2750/75 of 29 October 1975 laying down the condi­
 tions for the mobilization of cereals as food aid (3), and        Whereas the Monetary Committee will be consulted ;
 in particular Article 6 thereof,                                  whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
 Whereas on 30 January 1978 the Council of the Euro­               tions laid down in Article 3 (2) of Council Regulation
 pean Communities declared that by way of Commu­                   No 129 on the value of the unit of account and the
 nity action it proposed to grant the Republic of Cape             exchange rates to be applied for the purposes of the
 Verde   2 000   tonnes of common wheat under its                  common agricultural policy (4), as last amended by
 1977/78 food-aid programme ;                                      Regulation (EEC) No 2543/73 (5), and in particular
                                                                   Article 3 thereof ;
 Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased                  Whereas the measures provided for in this Regulation
 anywhere on the Community market ;                                are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
 Whereas the proposed invitation to tender should be
 for supply of the products placed on the quay at the
 port of unloading ;                                               HAS ADOPTED THIS REGULATION :
 Whereas tenders may be submitted by tenders esta­
 blished in any Member State of the Community and
 may relate to products mobilized anywhere within                                          Article 1
 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           Republic of Cape Verde by way of Community food­
 should be taken of the effect on each tender of the               aid action of 2 000 tonnes of common wheat.
 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 invitation to tender provided for in para­
Whereas, should force majeure make it impossible to               graph 1 is for supply of products delivered on the
complete the operation in question within the set                 quay of the port of Mindelo.
time limits, it should be made clear who is to bear the
liability for any resulting costs ;
                                                                  4.     The product shall be delivered in bulk.
(!) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 1 .                              (4) OJ No 106, 30. 10 . 1962, p. 2553/62.
(}) OJ No L 281 , 1 . 11 . 1975, p. 89.                           (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- 28 . 10 . 78                      Official Journal of the European Communities                        No L 301 / 13
                        Article 2                                                    Article 5
1 . The decision on tenders received in response to         1 . The tenderer shall give security in an amount of
the invitation provided for in Article 1 shall be taken     five units of account per tonne of goods.
on 10 November 1978 .
                                                            It shall be released :
2.     The closing date for submission of tenders shall     — in the case of all tenderers whose tenders are
be 10 November 1978 , at 12 noon .                               unsuccessful or are not accepted,
3.     The   notice of invitation  to tender shall   be     — in the case of the successful tenderer, when the
published in the Official Journal of the European                operations concerned have been carried out within
Communities not less than nine days before the                   the prescribed time limit and on submission of
closing date for submission of tenders.                          the original export licence duly granted and
                                                                 endorsed by the competent authorities of the
                                                                 Member State mentioned in the tender pursuant
                        Article 3
                                                                 to Article 3 (2),
1 . The prices offered must be expressed in the             — in the case of the successful tenderer for quantities
currency of the Member State in which the invitation             not supplied by reason of force majeure.
to tender was issued.
                                                            2. The security required under paragraph 1 may be
2. Tenders must in particular mention the Member            provided in the form of a cash deposit or of a
State in which the tenderer, in the event of his being      guarantee issued by a credit institution conforming to
declared successful, expects to complete the customs        criteria laid down by each Member State.
export formalities for the products concerned.
                                                                                     Article 6
3. For the purpose of rendering the tenders compar­         The common wheat referred to in Article 1 must be
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount applicable on           of fair and sound merchantable quality and corres­
the closing date for submission of tenders to exports       pond at least to the standard quality for which the
from the Member State mentioned in the tender               intervention price is fixed, except that the moisture
                                                            content shall not exceed 1 5-5 % and that a maximum
pursuant to paragraph 2.
                                                            of 3 % of sprouted grains and 1-5 % of miscellaneous
Such correction shall be made by :                          impurities shall be allowed.
— increasing prices which mention a Member State                                     Article 7
    whose currency has depreciated,
— reducing prices which mention a Member State               1 . The French intervention agency shall be respon­
    whose currency has been revalued.                       sible for organizing the invitation to tender provided
                                                            for by this Regulation.
Such monetary compensatory amount shall, where
                                                            2.     It shall forthwith communicate to the Commis­
appropriate, be converted into the currency of the
Member State in which the invitation to tender is           sion the list of firms which have responded to the invi­
issued using :                                              tation to tender, specifying the terms of each tender,
                                                            together with the name and business name of the
— in the case when the currencies concerned are             successful tenderer.
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their        3 . Where the customs export formalities for the
    central rate,                                           mobilized product are completed in a Member State
                                                            other than that in which the invitation to tender is
— in other cases, the average of the spot rates of the
    currencies concerned recorded in the Member             issued, the intervention agency of the latter Member
     State in which the invitation to tender is issued      State shall be responsible for the operations following
     during a period from the Wednesday of one week         tendering, including payment to the successful
                                                            tenderer.
     to the Tuesday of the following week being the
     period immediately preceding the closing date for      In such case, the intervention agency choosing the
     submission of tenders.                                 successful tenderer shall immediately inform the inter­
                                                            vention agency of the Member State concerned and
                        Article 4                           shall supply it with all the information which it may
                                                            require.
The contract shall be awarded to the tenderer offering
the best terms, taking into consideration the adjust­       Furthermore, the amount of the successful tender
ment referred to in Article 3 (3).                          shall be paid after it has been converted using the
                                                            average of the spot rates referred to in the second
However, if the tenders submitted do not appear to          subparagraph of Article 3 (3) to the tenderer in the
reflect normal market prices and costs, the interven­       currency of the Member State in which the operations
tion agency may cancel the invitation to tender.            relating to the tendering are completed.
 ---pagebreak--- No L 301 / 14                      Official Journal of the European Communities                             28 . 10 . 78
4. The intervention agency shall request the                 shall send as soon as possible to the latter the informa­
successful tenderer to supply the following informa­         tion necessary for releasing the security.
tion :
                                                                                     Article 8
(a) after each shipment a certificate showing the quan­
    tities dispatched and the quality of the products ;      As regards this tender, the intervention agency is auth­
(b) the date of departure of the ships ;                     orized to make an initial payment of 80 % of the
(c) all possible contingencies which might occur             value of the quantity given in the bill of lading, on
    during transportation of the products.                   presentation of that document and subject to the
                                                             taking of a security for an amount equal to the initial
The information indicated above shall be forwarded           payment.
by the intervention agency to the Commission imme­
diately upon receipt.                                                                Article 9
5. When the intervention agency responsible for              This Regulation shall enter into force on the day of its
the operations relating to tendering is not the interven­    publication in the Official Journal of the European
tion agency which appoints the successful tenderer, it       Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 27 October 1978 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President