CELEX: 31979R2769
Language: en
Date: 1979-12-07 00:00:00
Title: Commission Regulation (EEC) No 2769/79 of 7 December 1979 opening an invitation to tender for the mobilization of grain sorghum as food aid for the Republic of Niger

No L 315/8                              Official Journal of the European Communities                           11 . 12. 79
                                  COMMISSION REGULATION (EEC) No 2769/79
                                                     of 7 December 1979
              opening an invitation to tender for the mobilization of grain sorghum as food
                                                aid for the Republic of Niger
THE COMMISSION OF THE EUROPEAN                                    currency situation in the Member State in which the
COMMUNITIES,                                                      customs export formalities will be completed ;
Having regard to the Treaty establishing the European             Whereas     the  contract should   be  awarded    to  the
Economic Community,                                               tenderer who makes the best offer ;
Having regard to Council Regulation (EEC) No                      Whereas it must be made clear who is to bear any
2727/75 of 29 October 1975 on the common organiza­                costs which arise in the event that for reasons of force
tion of the market in cereals ( ! ), as last amended by            majeure the operation in question is not completed
Regulation (EEC) No 1547/79(2),                                   within the time stipulated ;
Having regard to Council Regulation (EEC) No                      Whereas provision should be made for security to be
2750/75 of 29 October 1975 laying down the condi­                 given for the purpose of guaranteeing that the obliga­
tions for the mobilization of cereals as food aid (3), and        tions arising by virtue of participation in the invita­
in particular Article 6 thereof,                                  tion to tender for supplies to the Republic of Niger
                                                                  will be fulfilled ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to            Whereas the French intervention agency should be
be applied for the purposes of the common agricul­                 made responsible for the tendering procedure in ques­
tural policy (4), as last amended by Regulation (EEC)              tion ;
No 2543/73 (5), and in particular Article 3 thereof,
                                                                  Whereas it is important that the Commission be
Having regard to the opinion of the Monetary                       informed without delay of the tenders submitted in
Committee,
                                                                   response to the invitation and of those accepted by
                                                                   the intervention agency ;
Whereas on 8 May 1979 the Council of the European
Communities declared that by way of Community
                                                                   Whereas the measures provided for in this Regulation
action it proposed to grant the Republic of Niger
                                                                   are in accordance with the opinion of the Manage­
4 000 tonnes of sorghum under its 1978/79 food-aid                 ment Committee for Cereals,
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                 HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products delivered to Lome, that is at                                   Article 1
the moment when the goods are actually placed on
the quay or in the lighter where applicable ;
                                                                    1 . Tenders are hereby invited for the supply to the
                                                                   Republic of Niger by way of Community food-aid
Whereas tenders may be submitted by tenderers esta­                action of 4 000 tonnes of grain sorghum .
blished in any Member State of the Community and
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency             2. The tendering procedure shall take place in
situation in the Member States and in order to ensure               France in one lot. The products shall be mobilized on
that the tenders are as comparable as possible, account            the Community market. The products shall be loaded
should be taken of the effect on each tender of the                for departure from a Community port.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                             3 . The invitation to tender provided for in para­
(2 ) OJ No L 188 , 26. 7. 1979 , p. 1 .                            graph 1 is for supply of products delivered to Lome
b) OJ No L 281 , 1 . 11 . 1975, p. 89.                              that is at the moment when the goods are actually
(4) OJ No 106, 30. 10. 1962, p. 2553/62.
(5 ) OJ No L 263, 19 . 9. 1973, p. 1 .                              placed on the quay or in the lighter where applicable.
 ---pagebreak---  11 . 12. 79                      Official Journal of the European Communities                         No L 315/9
4. The successful tenderer shall deliver the product        — in the other cases, the average of the spot rates of
specified in paragraph 1 in new jute sacks of a net              the currencies concerned recorded in the Member
capacity of 50 kilograms.                                        State in which the invitation to tender is issued
                                                                during a period from the Wednesday of one week
Minimum weight of the sacks shall be 600 grams. The              to the Tuesday of the following week being the
following shall be printed on the sacks :                        period immediately preceding the closing date for
                                                                submission of tenders.
 Sorgho / Don de la Communauté économique euro­
péenne à la république du Niger'.
                                                                                    Article 4
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty           The contract shall be awarded to the tenderer offering
sacks, of the same quality as those containing the          the best terms, taking into consideration the adjust­
goods but with the printing followed by a capital           ment referred to in Article 3 (3).
letter 'R'.
                                                            However, if the tenders submitted do not appear to
                                                            reflect normal market prices and costs, the interven­
                        Article 2
                                                            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 21 December 1979 .
                                                            1 . The tenderer shall give security in an amount of
2.     The closing date for submission of tenders shall     6 ECU per tonne of goods.
be 21 December 1979 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 less 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 quanti­
2. Tenders must in particular mention the Member                 ties 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 com­        criteria laid down by each Member State.
parable the prices shall be corrected by the monetary
compensatory amount applicable on the closing date
for submission of tenders to exports from the Member                                Article 6
State mentioned in the tender pursuant to paragraph
2. Such correction shall be made by :                       1 . The product specified in Article 1 to be supplied
                                                            for human consumption to the Republic of Niger
— increasing prices which mention a Member State            must meet the following requirements :
     whose currency has depreciated,
— reducing prices which mention a Member State              Sorghum :
     whose currency has been revalued.                      it must be of fair merchantable quality, free from
                                                            odour, with a moisture content not exceeding 14 % .
The monetary compensatory amount shall, where
appropriate, be converted" into the currency of the         2. Tenders for supply to the Republic of Niger of
Member State in which the invitation to tender is
                                                            the product specified in Article 1 must relate to
issued using :                                              products having the following characteristics :
— in the case when the currencies concerned are
                                                            Sorghum :
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their        fair and sound merchantable quality, free from odour,
     central rate,                                          with a moisture content not exceeding 14 % .
 ---pagebreak--- No L 315/ 10                       Official Journal of the European Communities                              11 . 12. 79
                         Article 7                            (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
1 . The French intervention agency shall be respon­               and the type of packing ;
sible for organizing the invitation to tender provided
for by this Regulation.                                       (b) the date of the departure of the ships, the esti­
                                                                  mated date of arrival of the products at their desti­
2.     It shall forthwith communicate to the Commis­              nation ;
sion the list of firms which have responded to the invi­      (c) all possible contingencies which might occur
tation to tender, specifying the terms of each tender,            during transportation of the products.
together with the name and business name of the
successful tenderer.                                          The information indicated above shall be forwarded
                                                              by the intervention agency to the Commission
3. Where the customs export formalities for the
                                                              immediately upon receipt.
mobilized product are completed in a Member State
other than that in which the invitation to tender is
                                                              5. When the intervention agency responsible for
issued, the intervention agency of the latter Member          the operations relating to tendering is not the interven­
State shall be responsible for the operations following       tion agency which appoints the successful tenderer, it
tendering, including payment to the successful                shall send as soon as possible to the latter the informa­
tenderer.
                                                              tion necessary for releasing the security.
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­                               Article 8
vention agency of the Member State concerned and
shall supply it with all the information which it may         As regards this tender the intervention agency is auth­
require.                                                      orized to make an initial payment of 80 % of the
                                                              value of the quantity given in the bill of lading, on
Furthermore, the amount of the successful tender              presentation of that document and subject to the
shall be paid after it has been converted using the           taking of a security for an amount equal to the initial
average of the spot rates referred to in the second           payment.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
relating to the tendering are completed.                                              Article 9
4. The intervention agency shall request the                  This Regulation shall enter into force on the day of its
successful tenderer to supply the following informa­          publication in the Official Journal of the European
tion :                                                        Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 7 December 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President