CELEX: 31977R0916
Language: en
Date: 1977-04-29 00:00:00
Title: Commission Regulation (EEC) No 916/77 of 29 April 1977 opening an invitation to tender for the mobilization of maize flour as food aid for the Kingdom of Lesotho

30 . 4. 77                              Official Journal of the European Communities                              No L 108 /55
                                    COMMISSION REGULATION (EEC) No 916/77
                                                         of 29 April 1977
               opening an invitation to tender for the mobilization of maize flour as food aid
                                                  for the Kingdom of Lesotho
 THE COMMISSION OF THE EUROPEAN                                      Whereas the French intervention agency should be
 COMMUNITIES,                                                        made responsible for the tendering procedure ;
 Having regard to the Treaty establishing the European              Whereas the Commission must be informed quickly
 Economic Community,                                                 of the tenders submitted in response to the invitation
                                                                     and of those accepted by the intervention agency ;
 Having regard to Council Regulation (EEC) No
 2727/75 of 29 October 1975 on the common organiza­                 Whereas the Monetary Committee will be consulted ;
 tion of the market in cereals ('), as last amended by               whereas, in view of the urgency, the measures envis­
 Regulation (EEC) No 3138/76 (2),                                    aged should be adopted in accordance with the condi­
                                                                     tions laid down in Article 3 (2) of Council Regulation
 Having regard to Council Regulation (EEC) No                        No 129 on the value of the unit of account and the
 2750/75 of 29 October 1975 laying down the condi­                   exchange rates to be applied for the purposes of the
 tions for the mobilization of cereals as food aid (3), and          common agricultural policy (4), as last amended by
 in particular Article 6 thereof,                                    Regulation (EEC) No 2543/73 (5), and in particular
                                                                    Article 3 thereof ;
Whereas on 8 February 1977 the Council of the Euro­
 pean Communities declared that it proposed, by way                 Whereas the measures provided for in this Regulation
of Community action, to grant 72 tonnes of maize                     are in accordance with the opinion of the Manage­
 flour to the Kingdom of Lesotho under its 1976/77                   ment Committee for Cereals,
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 the proposed invitation to tender should be
for supply of the products delivered to Maseru ;
                                                                     1 . Tenders are hereby invited for the supply to the
Whereas tenders may be submitted by tenderers esta­                 Kingdom of Lesotho by way of Community food-aid
                                                                    action of :
blished in any Member State of the Community and
may relate to products mobilized anywhere within                    — 72 metric tons of maize flour.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
                                                                    2. The tendering procedure shall take place in
that the tenders are as comparable as possible, account              France in one lot. The products shall be mobilized on
should be taken of the effect on each tender of the
                                                                    the Community market. The products shall be loaded
currency situation in the Member State in which the                 for departure from a Community port.
customs export formalities will be completed ;
                                                                    3 . The invitation to tender provided for in para­
Whereas the award under the invitation to tender                    graph 1 is for supply of products delivered to Maseru.
must be made to the tenderer offering the best terms ;
                                                                    4.    The     successful    tenderer     shall  deliver the
Whereas, should force majeure make it impossible to                 products in new cotton sacks of a net capacity of 50
complete the operation in question within the time                  kilograms.
limits specified, it must be made clear who is to bear
the liability for any resulting costs ;                             The minimum weight of the sacks shall be 180 grams.
Whereas provision should be made for security to be                 The following shall be printed on the sacks :
given for the purpose of guaranteeing that the obliga­
tions arising by virtue of participation in the invita­             'Milled maize flour / Gift of the European Economic
tion to tender for supplies to Lesotho will be fulfilled ;          Community to the Kingdom of Lesotho / For free
                                                                    distribution '.
(') OJ No L 281 , 1 . 11 . 1975, p . 1 .
(2) OJ No L 354, 24. 12. 1976, p . 1 .                               4) OJ No 106, 30 . 10 . 1962, p. 2553/62.
O OJ No L 281 , 1 . 11 . 1975, p . 89 .                             (5) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 108/56                       Official Journal of the European Communities                            30 . 4. 77
To allow for the possibility of re-bagging, the                                      Article 4
successful tenderer shall supply 2 % of new empty
sacks of the same quality as those containing the           The contract shall be awarded to the tenderer offering
goods but with the printing followed by a capital           the best terms, taking into consideration the adjust­
letter *R\                                                  ment referred to in Article 3 (3).
                                                            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 13 May 1977.
                                                             1 . The tenderer shall give security in an amount of
2.     The closing date for submission of tenders shall      10 units of account per tonne of the products :
be 13 May 1977 at 12 noon.
                                                            It shall be released :
3.     The notice of invitation to tender shall be
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).
                                                            — in the case of the successful tenderer for quantities
2. Tenders must in particular mention the Member                 not supplied by reason of force majeure.
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs        2. The security required under paragraph 1 may be
export formalities for the products concerned.              provided in the form of a cash deposit or of a
                                                            guarantee issued by a credit institution conforming to
3. For the purpose of rendering the tenders compar­         criteria laid down by each Member State.
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount and the acces­                                   Article 6
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the          The product referred to in Article 1 must meet the
Member State mentioned in the tender pursuant to            following requirements :
paragraph 2.
                                                            — moisture content : maximum 12% ,
Such correction shall be made by :                          — acidity : 0-6 %o maximum .
— increasing prices which mention a Member State            Produce not meeting these requirements shall be
    whose currency has depreciated or a new Member          refused.
    State,
— reducing prices which mention a Member State                                       Article 7
    whose currency has been revalued.
                                                             1 . The French intervention agency shall be respon­
The monetary compensatory amount shall, where               sible for organizing the invitation to tender provided
appropriate, be converted into the currency of the          for by this Regulation .
Member State in which the invitation to tender is
issued using :                                              2.     It shall forthwith communicate to the Commis­
— in the case when the currencies concerned are             sion the list of firms which have responded to the invi­
     kept at any given moment within a band of              tation to tender, specifying the terms of each tender,
     2-25 % , a conversion rate resulting from their        together with the name and business name of the
                                                            successful tenderer.
    central rate,
— in the other cases, the average of the spot rates of      3 . Where the customs export formalities for the
    the currencies concerned recorded in the Member         mobilized product are completed in a Member State
    State in which the invitation to tender is issued       other than that in which the invitation to tender is
    during a period from the Wednesday of one week          issued, the intervention agency of the latter Member
    to the Tuesday of the following week being the          State shall be responsible for the operations following
     period immediately preceding the closing date for      tendering, including payment to the successful
    submission of tenders .                                 tenderer.
 ---pagebreak--- 30 . 4. 77                         Official Journal of the European Communities                         No L 108 / 57
 In such case, the intervention agency choosing the          (c) all possible contingencies which might occur
succesful tenderer shall immediately inform the inter­           during transportation of the products.
vention agency of the Member State concerned and
shall supply it with all the information which it may        The information indicated above shall be forwarded
require.
                                                             by the intervention agency to the Commission imme­
Furthermore, the amount of the successful tender             diately upon receipt.
shall be paid after it has been converted using the
average of the spot rates referred to in the last subpara­
graph of Article 3 (3) to the tenderer in the currency       5. When the intervention agency responsible for
of the Member State in which the operations relating         the operations relating to tendering is not the interven­
to the tendering are completed.                              tion agency which appoints the successful tenderer, it
                                                             shall send as soon as possible to the latter the informa­
4. The intervention agency shall request the                 tion necessary for releasing the security.
successful tenderer to supply the following informa­
tion :
(a) after each shipment, a statement giving details of                               Article 8
     the quantities loaded, the quality of the products
     and the type of packing ;
(b) the date of the departure of the ships, the esti­        This Regulation shall enter into force on the day of its
     mated date of arrival of the products at their desti­   publication in the Official Journal of the European
     nation :                                                 Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 29 April 1977.
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President