CELEX: 31978R1725
Language: en
Date: 1978-07-24 00:00:00
Title: Commission Regulation (EEC) No 1725/78 of 24 July 1978 opening an invitation to tender for the mobilization of common wheat as food aid for Ethiopia

No L 201 / 14                          Official Journal of the European Communities                              25. 7. 78
                                 COMMISSION REGULATION (EEC) No 1725/78
                                                        of 24 July 1978
              opening an invitation to tender for the mobilization of common wheat as food
                                                       aid for Ethiopia
THE COMMISSION OF THE EUROPEAN                                     Whereas the French intervention agency should be
COMMUNITIES,                                                       made responsible for the tendering procedure in ques­
                                                                   tion ;
Having regard to the Treaty establishing the European
Economic Community,                                                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 ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (1 ), as last amended by             Whereas the Monetary Committee will be consulted ;
Regulation (EEC) No 1 254/78 (2),                                  whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
Having regard to Council Regulation (EEC) No                       tions laid down in Article 3 (2) of Council Regulation
2750/75 of 29 October 1975 laying down the condi­                  No 129 on the value of the unit of account and the
tions for the mobilization of cereals as food aid (3), and         exchange rates to be applied for the purposes of the
in particular Article 6 thereof,                                   common agricultural policy (4), as last amended by
                                                                   Regulation (EEC) No 2543/73 (5), and in particular
Whereas on 30 January 1978 the Council of the Euro­                Article 3 thereof ;
pean Communities declared that by way of Commu­
nity action it proposed to grant Ethiopia 10 000                   Whereas the measures provided for in this Regulation
tonnes of common wheat under the 1977/78 food-aid                  are in accordance with the opinion of the Manage­
programme ;                                                        ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                   HAS ADOPTED THIS REGULATION :
anywhere on the Community market ;
Whereas tenders should be invited for the supply of                                         Article 1
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­            1 . Tenders are hereby invited for the supply, by
nated by the recipient or its agent ;                              way of Community food-aid action to Ethiopia, of
                                                                   10 000 tonnes of common wheat.
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                   2.     The tendering procedure shall take place in
                                                                   France in one lot.
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
                                                                   3. The product shall be mobilized on the Commu­
                                                                   nity market.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
                                                                   4.     Loading shall be carried out in a Community
currency situation in the Member State in which the                port.
customs export formalities will be completed ;
                                                                   5. The product referred to in paragraph 1 is to be
Whereas     the  contract    should    be   awarded   to  the
                                                                   delivered in new jute sacks of a net capacity of 50 kilo­
tenderer offering the best terms ;                                 grams to the port of shipment in the vicinity of the
                                                                   vessel . The goods must be set down at the place nomi­
Whereas in case it should be impossible for reasons of             nated by the recipient country or its agent, the timing
force majeure to complete the operation in question                of delivery being settled by the tenderer and the recip­
within the set time limits, it must be made clear who
                                                                   ient country's agent.
is to bear any costs resulting therefrom ;
                                                                   Minimum weight of the sacks shall be 600 grams. The
Whereas provision should be made for security to be                following shall be printed on the sacks :
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender ;           'Wheat / Gift of the European Economic Community
                                                                   to Ethiopia / For free distribution'.
0) 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 .                           (s) OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- 25. 7. 78                         Official Journal of the European Communities                          No L 201 / 15
To allow for the possibility of re-bagging, the                   to the Tuesday of the following week being the
successful tenderer shall supply 2 % of new empty                 period immediately preceding the closing date for
sacks, of the same quality as those containing the                submission of tenders.
goods but with the printing followed by a capital
letter 'R'.
                                                                                      Article 4
                       Article 2                             The contract shall be awarded to the tenderer offering
                                                             the best terms, taking into consideration the adjust­
1 . The decision on tenders received in response to          ment referred to in Article 3 (3).
the invitation provided for in Article 1 shall be taken
on 4 August 1978 .                                           However, if the tenders submitted do not appear to
                                                             reflect normal market prices and costs, the interven­
2. The closing date for submission of tenders shall          tion agency may cancel the invitation to tender.
be 4 August 1978 at 12 noon.
3.     The   notice of invitation  to  tender shall be                                Article 5
published in the Official Journal of the European
Communities not less than nine days before the               If the tenderer is unable to deliver the goods in
closing date for submission of tenders.                      compliance with Article 1 (3) on the date given in the
                                                             notice of invitation to tender as a result of the late
                                                             availability of the vessels to be used for sea transporta­
                        Article 3                            tion, the resulting costs shall be borne by the interven­
                                                             tion agency.
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation
to tender was issued.                                                                 Article 6
2. Tenders must in particular mention the Member              1 . The tenderer shall give security of a value of five
State in which the tenderer, in the event of his being       units of account per tonne of goods.
declared successful, expects to complete the customs
export formalities for the products concerned.               It shall be released :
                                                             — in the case of all tenderers whose tenders are
3. For the purpose of rendering the tenders compar­                unsuccessful or are not accepted,
able, the prices shall be corrected by the monetary
compensatory amount applicable on the closing date           — in the case of the successful tenderer, when the
for submission of tenders to exports from the Member               operations concerned have been carried out within
State mentioned in the tender pursuant to para­                    the prescribed time limit and on submission of
graph 2.                                                           the original export licence duly granted and
                                                                   endorsed by the competent authorities of the
Such correction shall be made by :                                 Member State mentioned in the tender pursuant
                                                                   to Article 3 (2),
— increasing prices which mention a Member State             — in the case of the successful tenderer for quantities
     whose currency has depreciated or a new Member                not supplied by reason of force majeure.
     State,
— reducing prices which mention a Member State               2. The security required under paragraph 1 may be
     whose currency has been revalued.                       provided in the form of a cash deposit or of a
                                                             guarantee issued by a credit institution conforming to
The monetary compensatory amount shall, where                criteria laid down by each Member State.
 appropriate, be converted into the currency of the
 Member State in which the invitation to tender is
 issued using :                                                                       Article 7
— in the case when the currencies concerned are
                                                             The common wheat referred to in Article 1 to be
     kept at any given moment within a band of               supplied to Ethiopia must be of fair and sound
     2-25 % , a conversion rate resulting from their          merchantable quality and correspond at least to the
     central rate,
                                                              standard quality for which the intervention price is
— in the other cases, the average of the spot rates of        fixed, except that the humidity shall not exceed
     the currencies concerned recorded in the Member          1 5-5 % and that a maximum tolerance of 3 % of
     State in which the invitation to tender is issued       sprouted grains and 1 -5 % of miscellaneous impuri­
     during a period from the Wednesday of one week           ties shall be allowed .
 ---pagebreak--- No L 201 / 16                      Official Journal of the European Communities                              25. 7. 78
                        Article 8                            4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
1 . The French intervention agency shall be respon­           tion :
sible for organizing the invitation to tender provided
for by this Regulation .                                     (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
2.    It shall forthwith communicate to the Commis­
                                                             (b) the date of departure of the vessels.
sion the list of firms which have responded to the invi­
                                                             The information indicated above shall be forwarded
tation to tender, specifying the terms of each tender,
together with the name and business name of the              by the intervention agency to the Commission imme­
successful tenderer.                                         diately upon receipt.
                                                              5. When the intervention agency responsible for
3. Where the customs export formalities for the              the operations relating to tendering is not the interven­
mobilized product are completed in a Member State            tion agency which appoints the successful tenderer, it
other than that in which the invitation to tender is
                                                             shall send as soon as possible to the latter the informa­
issued, the intervention agency of the latter Member         tion necessary for releasing the security.
State shall be responsible for the operations following
tendering, including payment to the successful                                         Article 9
tenderer.
                                                             On delivery of the goods at the port of shipment, a
In this case, the intervention agency choosing the            handing-over certificate shall be supplied to the
successful tenderer shall immediately inform the inter­      successful tenderer, acting as agent for the Commu­
vention agency of the Member State concerned and              nity, by the agent of the recipient country, or, in the
shall supply it with all the information which it may        absence of the latter, by the intervention agency of the
require .                                                    Member State in whose territory the port of shipment
                                                             is situated .
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                   Article 10
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the         This Regulation shall enter into force on the day of its
currency of the Member State in which the operations         publication in the Official Journal of the European
relating to the tendering are completed.                      Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
               Done at Brussels, 24 July 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President