CELEX: 31978R2520
Language: en
Date: 1978-10-27 00:00:00
Title: Commission Regulation (EEC) No 2520/78 of 27 October 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the World Food Programme

No L 301 /28                           Official Journal of the European Communities                           28 . 10 . 78
                                   COMMISSION REGULATION ( EEC) No 2520/78
                                                       of 27 October 1978
                 opening an invitation to tender for the mobilization of common wheat as food
                                             aid for the World Food Programme
  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 1254/78 (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 World Food                    exchange rates to be applied for the purposes of the
 Programme 2 380 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 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
 nated by the recipient or its agent ;                              HAS ADOPTED THIS REGULATION :
 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, by
 that the tenders are as comparable as possible account            way of Community food-aid action to the World Food
 should be taken of the effect on each tender of the                Programme, of 2 380 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 product referred to in paragraph 1 is to be
 Whereas, should force majeure make it imposssible 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 limits , 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 body's agent.
(') 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.
(3) 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 /29
                        Article 2                            notice of invitation to tender as a result of the late
1 . The decision on tenders received in response to          availability of the vessels to be used for sea transporta­
the invitation provided for in Article 1 shall be taken      tion, the resulting costs shall be borne by the interven­
on 10 November 1978 .                                        tion agency.
2.     The closing date for submission of tenders shall                                Article 6
be 10 November 1978 at 12 noon .
3.     The   notice of  invitation  to  tender  shall be      1 . The tenderer shall give security in an amount of
published in the Official Journal of the European             five units of account per tonne of goods.
Communities not less than nine days before the                It shall be released :
closing date for submission of tenders.
                                                             — in the case of all tenderers whose tenders are
                        Article 3                                 unsuccessful or are not accepted,
1 . The prices offered must be expressed in the              — in the case of the successful tenderer, when the
currency of the Member State in which the invitation              operations concerned have been carried out within
to tender was issued.                                             the prescribed time limit and on submission of
2. Tenders must in particular mention the Member                  the original export licence duly granted and
State in which the tenderer, in the event of his being            endorsed by the competent authorities of the
declared successful, expects to complete the customs              Member State mentioned in the tender pursuant
export formalities for the products concerned.                    to Article 3 (2),
                                                             — in the case of the successful tenderer for quantities
3.     For the purpose of rendering the tenders compar­
                                                                  not supplied by reason of force majeure.
able, the prices shall be corrected by the monetary
compensatory amount applicable on the closing date            2. The security required under paragraph 1 may be
for submission of tenders to exports from the Member          provided in the form of a cash deposit or of a
State mentioned in the tender pursuant to para­               guarantee issued by a credit institution conforming to
graph 2.                                                      criteria laid dowrv by each Member State.
Such correction shall be made by :
— increasing prices which mention a Member State                                       Article 7
     whose currency has depreciated or a new Member          The common wheat referred to in Article 1 must be
     State,
                                                              of fair and sound merchantable quality and corres­
— reducing prices which mention a Member State                pond at least to the standard quality for which the
     whose currency has been revalued.                        intervention price is fixed, except that the moisture
The monetary compensatory amount shall, where                 content shall not exceed 15-5 % and that a maximum
appropriate, be converted into the currency of the            of 3 % of sprouted grains and 1 -5 % of miscellaneous
Member State in which the invitation to tender is             impurities shall be allowed.
issued using :
— in the case when the currencies concerned are                                        Article 8
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their          1 . The French intervention agency shall be respon­
     central rate,                                            sible for organizing the invitation to tender provided
— in the other cases, the average of the spot rates of        for by this Regulation.
     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
     period immediately preceding the closing date for        successful tenderer.
     submission of tenders.
                                                              3 . Where the customs export formalities for the
                        Article 4
                                                              mobilized product are completed in a Member State
The contract shall be awarded to the tenderer offering        other than that in which the invitation to tender is
the best terms, taking into consideration the adjust­         issued, the intervention agency of the latter Member
ment referred to in Article 3 (3).                            State shall be responsible for the operations following
                                                              tendering, including payment to the successful
However, if the tenders submitted do not appear to            tenderer.
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.              In such case, the intervention agency choosing the
                        Article 5
                                                              successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
If the tenderer is unable to deliver the goods in             shall supply it with all the information which it may
compliance with Article 1 (3) on the date given in the        require.
 ---pagebreak--- No L 301 /30                      Official Journal of the European Communities                              28 . 10 . 78
Furthermore, the amount of the successful tender             5. When the intervention agency responsible for
shall be paid after it has been converted using the          the operations relating to tendering is not the interven­
average of the spot rates referred to in the second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (3) to the tenderer in the         shall send as soon as possible to the latter the informa->
currency of the Member State in which the operations         tion necessary for releasing the security.
relating to the tendering are completed.
                                                                                     Article 9
4. The intervention agency shall request the                 On delivery of the goods at the port of shipment, a
successful tenderer to supply the following informa­         handing-over certificate shall be supplied to the
tion :
                                                             successful tenderer, acting as agent for the Commu­
(a) after shipment a certificate showing the quantities      nity, by the agent of the recipient country, or, in the
    dispatched and the quality of the products ;             absence of the latter, by the intervention agency of the
(b) the date of departure of the ship ;                      Member State in whose territory the port of shipment
                                                             is situated .
(c) all possible contingencies which might occur
    during transportation of the products.                                           Article 10
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, 27 October 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President