CELEX: 31978R0763
Language: en
Date: 1978-04-14 00:00:00
Title: Commission Regulation (EEC) No 763/78 of 14 April 1978 opening an invitation to tender for the mobilization of grain sorghum as food aid for the Republic of Niger

15 . 4 . 78                            Official Journal of the European Communities                         No L 103/ 11
                                    COMMISSION REGULATION (EEC) No 763/78
                                                        of 14 April 1978
               opening an invitation to tender for the mobilization of grain sorghum as food
                                                 aid for the Republic of Niger
 THE COMMISSION OF THE EUROPEAN                                     Whereas the Commission must be informed quickly
 COMMUNITIES,                                                       of the tenders submitted in response to the invitation
                                                                    and of those accepted by the intervention agency ;
 Having regard to the Treaty establishing the European
 Economic Community,                                                Whereas the Monetary Committee will be consulted ;
 Having regard to Council Regulation (EEC) No                       whereas, in view of the urgency, the measures envis­
 2727/75 of 29 October 1975 on the common organiza­                 aged should be adopted in accordance with the condi­
 tion of the market in cereals ('), as amended by Regula­           tions laid down in Article 3 (2) of Council Regulation
                                                                    No 129 on the value of the unit of account and the
 tion (EEC) No 2560/77 (2),
                                                                    exchange rates to be applied for the purposes of the
 Having regard to Council Regulation (EEC) No                       common agricultural policy (4), as last amended by
 2750/75 of 29 October 1975 laying down the condi­                  Regulation (EEC) No 2543/73 (5), and in particular
 tions for the mobilization of cereals as food aid (3 ), and        Article 3 thereof ;
 in particular Article 6 thereof,
                                                                    Whereas the measures provided for in this Regulation
 Whereas on 30 January 1978 the Council of the Euro­                are in accordance with the opinion of the Manage­
 pean Communities declared that it proposed, by way                 ment Committee for Cereals,
 of Community action , to grant 4 000 tonnes of grain
 sorghum to the Republic of Niger under its 1977/78
 food-aid programme ;
                                                                    HAS ADOPTED THIS REGULATION :
 Whereas pursuant to Article 3 (3) of Council Regula­
 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 Niamey ;                   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                   2. The tendering procedure shall take place in
 those Member States ; whereas, in view of the currency             France in one lot. The products shall be mobilized on
 situation in the Member States and in order to ensure              the Community market. The products shall be loaded
 that the tenders are as comparable as possible, account            for departure from a Community port.
 should be taken of the effect on each tender of the
 currency situation in the Member State in which the                3 . The invitation to tender provided for in para­
 customs export formalities will be completed ;                    graph 1 is for supply of the products delivered to
                                                                    Niamey.
Whereas the award under the invitation to tender
 must be made to the tenderer offering the best terms ;            4. The successful tenderer shall deliver the product
                                                                   specified in paragraph 1 in new jute sacks of a net
Whereas, should force majeure make it impossible to
                                                                   capacity of 50 kilograms.
complete the operation in question within the time
 limits specified , it must be made clear who is to bear           Minimum weight of the sacks shall be 600 grams. The
the liability for any resulting costs ;
                                                                    following shall be printed on the sacks :
Whereas provision should be made for security to be
                                                                     Sorgho / Don de la Communauté économique euro­
given for the purpose of guaranteeing that the obliga­             péenne à la république du Niger'.
tions arising by virtue of participation in the invita­
tion to tender for supplies to the Republic of Niger               To allow for the possibility of re-bagging, the
will be fulfilled ;
                                                                   successful tenderer shall supply 2 % of new empty
Whereas the French intervention agency should be                   sacks, of the same quality as those containing the
made responsible for the tendering procedure ;                     goods but with the printing followed by a capital
                                                                   letter 'R'.
(') OJ No L 281 , 1 . 1 1 . 1975, p. 1 .
I2) OJ No L 303, 28 . 11 . 1977, p. 3.                             (4) OJ No 106, 30 . 10. 1962, p. 2553 /62.
 4 OJ No L 281 , 1 . 1 1 . 1975, p. 89.                            (5 ) OJ No L 263, 19. 9 . 1973, p. 1 .
 ---pagebreak--- No L 103/ 12                       Official Journal of the European Communities                            15 . 4 . 78
                         Article 2                            However, if the tenders submitted do not appear to
                                                             reflect normal market prices and costs, the interven­
 1.   The decision on tenders received in response to        tion agency may cancel the invitation to tender.
the invitation provided for in Article 1 shall be taken
on 28 April 1978 .
                                                                                       Article 5
2. The closing date for submission of tenders shall
be 28 April 1978 at 12 noon .
                                                              1 . The tenderer shall give security in an amount of
3.     The   notice of invitation   to tender shall   be      five units of account per tonne of the products.
published in the Official Journal of the European
 Communities not later 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,
                                                              — in the case of the successful tenderer, when the
 1 . The prices offered must be expressed in the                   operations concerned have been carried out within
 currency of the Member State in which the invitation              the prescribed time limit and on submission of
 to tender was issued.                                             the original export licence, duly granted and
                                                                   endorsed by the competent authorities of the
 2. Tenders must in particular mention the Member                  Member State mentioned in the tender pursuant
 State in which the tenderer, in the event of his being            to Article 3 (2),
 declared successful, expects to complete the customs
 export formalities for the products concerned.               — in the case of the successful tenderer for quantities
                                                                   not supplied by reason of force majeure.
 3. For the purpose of rendering the tenders compar­
 able, the prices shall, where appropriate, be corrected      2. The security required under paragraph 1 may "be
 by the monetary compensatory amount and the acces­           provided in the form of a cash deposit or of a
 sion compensatory amount applicable on the closing           guarantee issued by a credit institution conforming to
 date for submission of tenders to exports from the           criteria laid down by each Member State.
 Member State mentioned in the tender pursuant to
 paragraph 2.
                                                                                       Article 6
 Such correction shall be made by :
 — increasing prices which mention a Member State              1 . The product specified in Article 1 to be supplied
     whose currency has depreciated or a new Member           for human consumption to the Republic of Niger
     State,
                                                              must meet the following requirements :
 — reducing prices which mention a Member State
     whose currency has been revalued.                        it must be of fair and sound merchantable quality, free
                                                              from odour, with a moisture content not exceeding
 The monetary compensatory amount shall, where                 14% .
 appropriate, be converted into the currency of the
 Member State in which the invitation to tender is
                                                              2. Tenders for supply to the Republic of Niger of
 issued using :                                               the product specified in Article 1 must relate to
 — in the case when the currencies concerned are              products having the following characteristics :
     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 % .
 — in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member
     State in which the invitation to tender is issued                                 Article 7
     during a period from the Wednesday of one week
     to the Tuesday of the following week being the            1.    The French intervention agency shall be respon­
     period immediately preceding the closing date for        sible for organizing the invitation to tender provided
     submission of tenders.                                    for by this Regulation.
                         Article 4                             2.    It shall forthwith communicate to the Commis­
                                                              sion the list of firms which have responded to the invi­
 The contract shall be awarded to the tenderer offering        tation to tender, specifying the terms of each tender,
Jthe best terms, taking into consideration the adjust­         together with the name and business name of the
 ment referred to in Article 3 (3).                            successful tenderer.
 ---pagebreak--- 15. 4. 78                          Official Journal of the European Communities                         No L 103 / 13
3. Where the customs export formalities for the              (c) all possible contingencies which might occur
mobilized product are completed in a Member State                during transportation of the products.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member         The information indicated above shall be forwarded
State shall be responsible for the operations following      by the intervention agency to the Commission imme­
tendering, including payment to the successful               diately upon receipt.
tenderer.
In such case, the intervention agency choosing the           5. When the intervention agency responsible for
successful tenderer shall immediately inform the inter­      the operations relating to tendering is not the interven­
vention agency of the Member State concerned and             tion agency which appoints the successful tenderer, it
                                                             shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may
                                                             tion necessary for releasing the security.
require.
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                  Article 8
average of the spot rates referred to in the last subpara­
graph of Article 3 (3) to the tenderer in the currency       As regards this tender the intervention agency is auth­
of the Member State in which the operations relating         orized to make an initial payment of 80 % of the
to the tendering are completed.                              value of the quantity given in the bill of lading, on
                                                              presentation of that document and subject to the
4. The intervention agency shall request the                 taking of a security for an amount equal to the initial
successful tenderer to supply the following informa­         payment.
tion :
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products                               Article 9
    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, 14 - April 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President