CELEX: 31978R2959
Language: en
Date: 1978-12-15 00:00:00
Title: Commission Regulation (EEC) No 2959/78 of 15 December 1978 opening an invitation to tender for the mobilization of durum wheat as food aid for Somalia

No L 352/ 14                            Official Journal of the European Communities                            16. 12. 78
                                  COMMISSION REGULATION (EEC) No 2959/78
                                                     of 15 December 1978
              opening an invitation to tender for the mobilization of durum wheat as food aid
                                                           for Somalia
THE COMMISSION OF THE EUROPEAN                                    Whereas provision should be made for security to be
COMMUNITIES,                                                      given to guarantee fulfilment of the obligations arising
                                                                  by virtue of participation in the invitation to tender ;
Having regard to the Treaty establishing the European
 Economic Community,                                              Whereas the Italian intervention agency should be
                                                                  made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                Whereas the Commission must be informed quickly
tion of the market in cereals (*), as last amended by             of the tenders submitted in response to the invitation
Regulation (EEC) No 1254/78 (2),                                  and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                      Whereas the Monetary Committee will be consulted ;
2750/75 of 29 October 1975 laying down the condi­                 whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid (3), and        aged should be adopted in accordance with the condi­
in particular Article 6 thereof,                                  tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 on the value of the unit of account and the
Whereas on 30 January 1978 the Council of the Euro­               exchange rates to be applied for the purposes of the
pean Communities declared that it proposed, by way                common agricultural policy (4), as last amended by
of Community action, to grant 2 000 tonnes of durum               Regulation (EEC) No 2543/73 (5), and in particular
wheat    to   Somalia      under    its    1977/78    food-aid    Article 3 thereof ;
programme ;
                                                                  Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­              are in accordance with the opinion of the Manage­
tion (EEC) No 2750/75 the goods may be purchased                  ment Committee for Cereals,
anywhere on the Community market ;
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of             HAS ADOPTED THIS REGULATION :
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                                          Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
may relate to products mobilized anywhere within                   1 . Tenders are hereby invited for the supply, by
those Member States ; whereas, in view of the currency            way of Community food-aid action to Somalia, of
situation in the Member States and in order to ensure             2 000 tonnes of durum wheat.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                2. The tendering procedure shall take place in Italy
currency situation in the Member State in which the               in one lot. The product shall be mobilized on the
customs export formalities will be completed ;                    Community market. The product shall be loaded for
                                                                  departure from any Community port.
Whereas     the  contract    should     be   awarded   to  the
tenderer offering the best terms ;                                3 . The product referred to in paragraph 1 is to be
                                                                  delivered in new jute sacks of a net capacity of 50 kilo­
Whereas in case it should be impossible for reasons of            grams to the port of shipment in the vicinity of the
force majeure to complete the operation in question               vessel. The goods must be set down at the place nomi­
within the set time limits, it must be made clear who              nated by the recipient country or its agent, the timing
is to bear any costs resulting therefrom ;                        of delivery being settled by the tenderer and the recip­
                                                                   ient country's agent.
(>) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978 , p. 1 .                             (<) OJ No 106, 30. 10. 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                          (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- 16. 12. 78                         Official Journal of the European Communities                          No L 352/ 15
Minimum weight of the sacks shall be 600 grams.              — in the other cases, the average of the spot rates of
                                                                   the currencies concerned recorded in the Member
4.     The following shall be printed on the sacks :               State in which the invitation to tender is issued
                                                                   during a period from the Wednesday of one week
'Wheat / Gift of the European Economic Community                   to the Tuesday of the following week being the
to Somalia / For free distribution'.                               period immediately preceding the closing date for
                                                                   submission of tenders .
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the                                     Article 4
goods but with the printing followed by a capital
letter 'R'.
                                                              The contract shall be awarded to the tenderer offering
                                                              the best terms, taking into consideration the adjust­
                        Article 2                             ment referred to in Article 3 (3).
 1 . The decision on tenders received in response to          However, if the tenders submitted do not appear to
 the invitation provided for in Article 1 shall be taken      reflect normal market prices and costs, the interven­
 on 4 January 1979 .                                          tion agency may cancel the invitation to tender.
 2.    The closing date for submission of tenders shall
 be 4 January 1979 at 12 noon.                                                         Article 5
 3.    The    notice of invitation  to tender shall be        If the tenderer is unable to deliver the goods in
 published in the Official Journal of the European            compliance with Article 1 (3) on the date given in the
 Communities not less than nine days before the               notice of invitation to tender as a result of the late
 closing date for submission of tenders.                      availability of the vessels to be used for sea transporta­
                                                              tion, the resulting costs shall be borne by the interven­
                                                              tion agency.
                        Article 3
 1 . The prices offered must be expressed in the                                       Article 6
 currency of the Member State in which the invitation
 to tender was issued.
                                                               1 . The tenderer shall give security of a value of five
 2. Tenders must in particular mention the Member             units of account per tonne of goods.
 State in which the tenderer, in the event of his being
                                                               It shall be released :
 declared successful, expects to complete the customs
 export formalities for the products concerned.               — in the case of all tenderers whose tenders are
                                                                    unsuccessful or are not accepted,
 3. For the purpose of rendering the tenders compar­
 able, the prices shall be corrected by the monetary          — in the case of the successful tenderer, when the
 compensatory amount applicable on the closing date                 operations concerned have been carried out within
 for submission of tenders to exports from the                      the prescribed time limit and on submission of
 Member State mentioned in the tender pursuant to                   the original export licence duly granted and
 paragraph 2.                                                       endorsed by the competent authorities of the
                                                                    Member State mentioned in the tender pursuant
 Such correction shall be made by :                                 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,
                                                               2. The security required under paragraph 1 may be
 — reducing prices which mention a Member State                provided in the form of a cash deposit or of a
      whose currency has been revalued.                       guarantee issued by a credit institution conforming to
                                                               criteria laid down by each Member State.
 The monetary compensatory amount shall, where
 appropriate, be converted into the currency of the
 Member State in which the invitation to tender is
                                                                                       Article 7
  issued using :
 — in the case when the currencies concerned are               The product referred to in Article 1 must be of fair
      kept at any given moment within a band of                and sound merchantable quality, be free from odour,
      2-25 % , a conversion rate resulting from their          and correspond at least to the standard quality for
      central rate,                                            which the intervention price is fixed.
 ---pagebreak--- No L 352/ 16                       Official Journal of the European Communities                             16. 12. 78
                        Article 8                            4. The intervention agency shall request the
                                                             successful tenderer to supply the following informa­
1 . The Italian intervention agency shall be respon­         tion :
sible for the operations relating to 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.
3 . Where the customs export formalities for the             5. When the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
mobilized product are completed in a Member State
other than that in which the invitation to tender is         tion agency which appoints the successful tenderer, it
                                                             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 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, 15 December 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President