CELEX: 31978R2464
Language: en
Date: 1978-10-20 00:00:00
Title: Commission Regulation (EEC) No 2464/78 of 20 October 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Afghanistan

21 . 10 . 78                            Official Journal of the European Communities                         No L 296/37
                                 COMMISSION REGULATION (EEC) No 2464/78
                                                      of 20 October 1978
              opening an invitation to tender for the mobilization of common wheat as food
                                            aid for the Republic of Afghanistan
THE COMMISSION OF THE EUROPEAN                                    Whereas the Commission must be informed quickly
COMMUNITIES,                                                      of the tenders submitted in response to the invitation
                                                                  to tender and of those accepted by the intervention
Having regard to the Treaty establishing the European
                                                                  agency ;
Economic Community,
Having regard to Council Regulation (EEC) No                      Whereas the Monetary Committee will be consulted ;
2727/75 of 29 October 1975 on the common organiza­                whereas, in view of the urgency, the measures envis­
tion of the market in cereals (l), as last amended by             aged should be adopted in accordance with the condi­
Regulation (EEC) No 1254/78(2),                                    tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 on the value of the unit of account and the
Having regard to Council Regulation (EEC) No
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 30 January 1978 the Council of the Euro­
pean Communities declared that by way of Commu­                   Whereas the measures provided for in this Regulation
nity action it proposed to grant the Republic of                   are in accordance with the opinion of the Manage­
Afghanistan 5 000 tonnes of common wheat under its                 ment Committee for Cereals,
1977/78 food-aid programme ;
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
nated by the recipient or its agent ;
                                                                   1 . Tenders are hereby invited for the supply to the
                                                                   Republic of Afghanistan by way of Community food­
Whereas tenders may be submitted by tenderers esta­                aid action of 5 000 tonnes of common wheat.
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 product shall be mobilized on
situation in the Member States and in order to ensure              the Community market. The product shall be loaded
that the tenders are as comparable as possible, account            for departure from any Community port.
should be taken of the effect on each tender of the
currency situation in the Member State in which the                3. The product referred to in paragraph 1 is to be
customs export formalities will be completed ;                     delivered in new jute sacks of a net capacity of 68 kilo­
Whereas the award under the invitation to tender                   grams to the port of shipment in the vicinity of the
must be made in favour of the tenderer offering the                vessel. The goods must be set down at the place nomi­
best terms ;
                                                                   nated by the recipient country or its agent, the timing
                                                                   of delivery being settled by the tenderer and the recip­
Whereas, should force majeure make it impossible to                ient country's agent.
complete the operation in question within the set
time limits, it should be made clear who is to bear the            The following shall be printed on the sacks :
liability for any resulting costs ;
                                                                   'Wheat — Gift of the European Economic Commu­
Whereas provision should be made for security to be                nity to the Republic of Afghanistan.'
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender ;           To allow for the possibility of re-bagging,, the
Whereas the French intervention agency should be                   successful tenderer shall supply 2 % of new empty
 made responsible for the tendering procedure in ques­             sacks, of the same quality as those containing the
 tion ;                                                            goods but with th? printing followed by a capital
                                                                   letter 'R'.
(>) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(*) OJ No L 156, 14. 6. 1978, p. 1 .                               («) OJ No 106, 30. 10. 1962, p. 2553/62.
h) OJ No L 281 , 1 . 11 . 1975, p. 89.                             (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  No L 296/38                      Official Journal of the European Communities                             21 . 10 . 78
                        Article 2                                                    Article 5
 1 . The decision on tenders received in response to        If the tenderer is unable to deliver the goods in
the invitation provided for in Article 1 shall be taken     compliance with Article 1 (3) on the date given in the
on 3 November 1978 .                                        notice of invitation to tender as a result of the late
2.     The closing date for submission of tenders shall     availability of the vessels to be used for sea transporta­
be 3 November 1978 at 12 noon .                             tion, the resulting costs shall be borne by the interven­
                                                            tion agency.
3.     The notice of invitation to tender shall be
published in the Official Journal of the European                                    Article 6
 Communities, not less than nine days before the
closing date for submission of tenders.                      1.    The tenderer shall give security in an amount of
                                                            five units of account per tonne of goods.
                        Article 3
                                                            It shall be released :
 1 . The prices offered must be expressed in the            — in the case of all tenderers whose tenders are
currency of the Member State in which the invitation             unsuccessful or are not accepted,
to tender was issued .
                                                            — in the case of the successful tenderer, when the
2. Tenders must in particular mention the Member                 operations concerned have been carried out within
State in which the tenderer, in the event of his being           the prescribed time limit and on submission of
declared successful, expects to complete the customs             the original export licence duly granted and
export formalities for the products concerned.                  endorsed by the competent authorities of the
                                                                Member State mentioned in the tender pursuant
3. For the purposie of rendering the tenders compar­            to Article 3 (2),
able, the prices shall be corrected by the monetary
compensatory amount applicable on the closing date          — in the case of the successful tenderer for quantities
for submission of tenders to exports from the Member             not supplied by reason of force majeure.
State mentioned in the tender pursuant to para­             2. The security required under paragraph 1 may be
graph 2.                                                    provided in the form of a cash deposit or of a
Such correction shall be made by :                          guarantee issued by a credit institution conforming to
                                                            criteria laid down by each Member State.
— increasing prices which mention a Member State
     whose currency has depreciated or a new Member                                  Article 7
     State,
— reducing prices which mention a Member State              The common wheat referred to in Article 1 to be
    whose currency has been revalued.                       supplied to the Republic of Afghanistan must be of
                                                            fair and sound merchantable quality and correspond
The monetary compensatory amount shall, where
appropriate, be converted into the currency of the          at least to the standard quality for which the interven­
Member State in which the invitation to tender is           tion price is fixed, except that the moisture content
                                                            shall not exceed 15-5 % and that a maximum of 3 %
issued using :
                                                            of sprouted grains and 1 -5 % of miscellaneous impuri­
— in the case when the currencies concerned are             ties shall be allowed.
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their                                 Article 8
    central rate,
— in the other cases, the average of the spot rates of      1 . The French intervention agency shall be respon­
     the currencies concerned recorded in the Member        sible for organizing the invitation to tender provided
    State in which the invitation to tender is issued       for by this Regulation.
    during a period from the Wednesday of one week
     to the Tuesday of the following week being the         2.     It shall forthwith communicate to the Commis­
     period immediately preceding the closing date for      sion the list of firms which have responded to the invi­
    submission of tenders.                                  tation to tender, specifying the terms of each tender,
                                                            together with the name and business name of the
                                                            successful tenderer.
                       Article 4
The contract shall be awarded to the tenderer offering      3. Where the customs export formalities for the
the best terms, taking into consideration the adjust­       mobilized product are completed in a Member State
                                                            other than that in which the invitation to tender is
ment referred to in Article 3 (3).
                                                            issued the intervention agency of the latter Member
However, if the tenders submitted do not appear to          State shall be responsible for the operations following
reflect normal market prices and costs, the interven­       tendering, including payment to the successful
tion agency may cancel the invitation to tender.            tenderer.
 ---pagebreak--- 21 . 10. 78                        Official Journal of the European Communities                         No L 296/39
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 supply it with all the information which it may        shall send as soon as possible to the latter the informa­
require.                                                     tion necessary for releasing the security.
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                  Article 9
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the         On delivery of the goods at the port of shipment a
currency of the Member State in which the operations         handing-over certificate shall be supplied to the
relating to the tendering are completed.                     successful tenderer, acting as agent for the Commu­
                                                             nity, by the agent of the recipient country or, in the
4. The intervention agency shall request the                 absence of the latter, by the intervention agency of the
successful tenderer to supply the following informa­         Member State in whose territory the port of shipment
tion :
                                                             is situated .
(a) after each shipment a certificate showing the quan­
    tities dispatched and the quality of the products ;
                                                                                     Article 10
(b) the date of departure of the vessels.
The information indicated above shall be forwarded           This Regulation shall enter into force on the day of its
by the intervention agency of 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 Mehjber
              States.
              Done at Brussels, 20 October 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President