CELEX: 31978R2283
Language: en
Date: 1978-09-29
Title: Commission Regulation (EEC) No 2283/78 of 29 September 1978 opening a new invitation to tender for the mobilization of maize meal as food aid for the Republic of Senegal

30 . 9 . 78                              Official Journal of the European Communities                         No L 275/67
                                    COMMISSION REGULATION (EEC) No 2283/78
                                                     of 29 September 1978
              opening a new invitation to tender for the mobilization of maize meal as food
                                                aid for the Republic of Senegal
THE COMMISSION OF THE EUROPEAN                                     Whereas, should force majeure make it impossible to
COMMUNITIES,                                                       complete the operation in question within the time
                                                                    limits specified, it must be made clear who is to bear
Having regard to the Treaty establishing the European              the liability for any resulting costs ;
Economic Community,
                                                                   Whereas provision should be made for security to be
Having regard to Council Regulation (EEC) No                       given for the purpose of guaranteeing that the obliga­
2727/75 of 29 October 1975 on the common organiza­                  tions arising by virtue of participation in the invita­
tion of the market in cereals (*), as last amended by               tion to tender for supplies to Senegal will be fulfilled ;
Regulation (EEC) No 1254/78 (2),
                                                                   Whereas the French intervention agency should be
Having regard to Council Regulation (EEC) No                        made responsible for the tendering procedure ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and         Whereas the Commission must be informed quickly
in particular Article 6 thereof,                                    of the tenders submitted fn response to the invitation
                                                                    and of those accepted by the intervention agency ;
Whereas on 30 January 1978 the Council of the Euro­
pean Communities declared that it proposed, by way                  Whereas the Monetary Committee will be consulted ;
of Community action, to grant 5 555 tonnes of maize                 whereas, in view of the urgency, the measures envis­
meal to the Republic of Senegal under its 1977/78                   aged should be adopted in accordance with the condi­
food-aid programme ;                                                tions laid down in Article 3 (2) of Council Regulation
                                                                    No 129 on the value of the unit of account and the
Whereas pursuant to Article 3 (3) of Council Regula­                exchange rates to be applied for the purposes of the
tion (EEC) No 2750/75 the goods may be purchased                    common agricultural policy (5), as last amended by
anywhere on the Community market ;                                  Regulation (EEC) No 2543/73 (6), and in particular
                                                                    Article 3 thereof ;
Whereas the invitation to tender opened in the
Community under Commission Regulation (EEC) No                      Whereas the measures provided for in this Regulation
 1658/78 of 14 July 1978 opening an invitation to                   are in accordance with the opinion of the Manage­
tender for the mobilization of meals of maize as aid                ment Committee for Cereals,
for Senegal (4) was not allocated ; whereas a new invita­
tion to tender should therefore be opened ;              %
Whereas the proposal invitation to tender should be                 HAS ADOPTED THIS REGULATION :
for supply of the products delivered to Dakar, that is
at the moment when the goods are actually placed on
the dock or in the lighter where applicable ;                                               Article 1
Whereas tenders may be submitted by tenderers esta­                  1 . Tenders are hereby invited for the supply to the
blished in any Member State of the Community and                    Republic of Senegal by way of Community food-aid
may relate to products mobilized anywhere within                    action of 5 555 tonnes of maize meal .
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account             2. The tendering procedure shall take place in
should be taken of the effect on each tender of the                 France in two lots. The product shall be mobilized on
currency situation in the Member State in which the                 the Community market. The product shall be loaded
customs export formalities will be completed ;                      for the departure from any Community port.
Whereas the award under the invitation to tender                    3. The invitation to tender provided for in para­
must be made to the tenderer offering the best terms ;              graph 1 is for supply of products delivered to Dakar,
                                                                    that is at the moment when the goods are actually
(») OJ   No L 281 , 1 . 11 . 1975, p. 1.                            placed on the dock or in the lighter where applicable.
(2) OJ   No L 156,  14. 6.   1978, p. 1.
(3) OJ   No L 281 , 1 . 11 . 1975, p. 89.                           (*) OJ No 106, 30. 10. 1962, p. 2553/62.
(4) OJ   No L 192,  15. 7.   1978, p. 30.                           (' OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 275/68                       Official Journal of the European Communities                            30 . 9 . 78
4. The product shall be delivered in new jute sacks              2-25 % , a conversion rate resulting from their
of 50 kilograms net weight lined with sacks of six-ply           central rate,
Clupak paper.                                               — in the other cases, the average of the spot rates of
                                                                 the currencies concerned recorded in the Member
The following shall be printed on the sacks :                    State in which the invitation to tender is issued
'Semoules de maïs / Don de la Communauté écono­                  during a period from the Wednesday of one week
mique européenne à la république du Senegal / À                  to the Tuesday of the following week being the
distribuer gratuitement'.                                        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                                    Article 4
sacks of the same quality as those containing the
goods but with the printing followed by a capital           The contract shall be awarded to the tenderer offering
letter 4R\
                                                             the best terms, taking into consideration the adjust­
                                                             ment referred to in Article 3 (3).
                        Article 2
                                                             However, if the tenders submitted do not appear to
 1 . The decision on tenders received in response to         reflect normal market prices and costs, the interven­
the invitation provided for in Article 1 shall be taken      tion agency may cancel the invitation to tender.
on 13 October 1978 .
                                                                                     Article 5
2.    The closing date for submission of tenders shall
be 13 October 1978 at 12 noon .
                                                             1 . The tenderer shall give security in an amount of
3.    The notice of invitation to tender shall be            10 units of account per tonne of the products.
published in the Official Journal of the European            It shall be released :
 Communities not later than nine days before the
closing date for submission of tenders.                      — in the case of all tenderers whose tenders are
                                                                  unsuccessful or are not accepted,
                        Article 3                            — in the case of the successful tenderer, when the
                                                                  operations concerned have been carried out within
 1 . The prices offered must be expressed in the                  the prescribed time limit and on submission of
 currency of the Member State in which the invitation             the original export licence, duly granted and
 to tender was issued.                                            endorsed by the competent authorities of the
                                                                  Member State mentioned in the tender pursuant
 2. Tenders must in particular mention the Member                 to Article 3 (2),
State in which the tenderer, in the event of his being       — in the case of the successful tenderer for quantities
 declared successful, expects to complete the customs             not supplied by reason of force majeure.
 export formalities for the products concerned.
                                                             2. The security required under paragraph 1 may be
 3. For the purpose of rendering the tenders compar­         provided in the form of a cash deposit or of a
 able, the prices shall be corrected by the monetary         guarantee issued by a credit institution conforming to
 compensatory amount applicable on the closing date          criteria laid down by each Member State.
 for submission of tenders to exports from the Member
 State mentioned in the tender pursuant to paragraph
 2.                                                                                  Article 6
 Such correction shall be made by :                          The product referred to in Article 1 must meet the
                                                             following requirements :
 — increasing prices which mention a Member State
     whose currency has depreciated or a new Member          — moisture content : maximum 13% ,
     State,                                                  — acidity : 0-6 % maximum.
 — reducing prices which mention a Member State
     whose currency has been revalued.                       Products not meeting these requirements shall . be
                                                             refused.
 The monetary compensatory amount shall, where
 appropriate, be converted into the currency of the
 Member State in which the invitation to tender is                                   Article 7
 issued using :
                                                              1 . The French intervention agency shall be respon­
 — in the case when the currencies concerned are             sible for organizing the invitation to tender provided
     kept at any given moment within a band of                for by this Regulation.
 ---pagebreak--- 30 . 9 . 78                        Official Journal of the European Communities                           No L 275/69
2.     It shall forthwith communicate to the Commis­          (b) the date of the departure of the ships, the esti­
sion the list of firms which have responded to the invi­           mated date of arrival of the products at their desti­
tation to tender, specifying the terms of each tender,             nation ;
together with the name and business name of the               (c) all possible contingencies which might occur
successful tenderer.
                                                                   during transportation of the products.
3. Where the customs export formalities for the
                                                              The information indicated above shall be forwarded
mobilized product are completed in a Member State
other than that in which the invitation to tender is          by the intervention agency to the Commission imme­
issued, the intervention agency of the latter Member          diately upon receipt.
State shall be responsible for the operations following
tendering, including payment to the successful                 5. When the intervention agency responsible for
tenderer.                                                      the operations relating to tendering is not the interven­
                                                               tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the             shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­        tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may
require.                                                                               Article 8
Furthermore, the amount of the successful tender               As regards this tender the intervention agency is auth­
shall be paid after it has been converted using the            orized to make an initial payment of 80 % of the
average of the spot rates referred to in the last subpara­     value of the quantity given in the bill of lading on
graph of Article 3 (3) to the tenderer in the currency         presentation of that document and subject to the
of the Member State in which the operations relating           taking of a security for an amount equal to the initial
to the tendering are completed.                                payment.
4. The intervention agency shall request the
successful tenderer to supply the following informa­                                   Article 9
tion :
(a) after each shipment, a statement giving details of         This Regulation shall enter into force on the day of its
     the quantities loaded, the quality of the products        publication in the Official Journal of the European
     and the type of packing ;                                  Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 29 September 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President