CELEX: 31978R2284
Language: en
Date: 1978-09-29 00:00:00
Title: Commission Regulation (EEC) No 2284/78 of 29 September 1978 opening a new invitation to tender for the mobilization of common wheat as food aid for the Republic of Chad

No L 275/70                              Official Journal of the European Communities                            30. 9. 78
                                   COMMISSION REGULATION (EEC) No 2284/78
                                                     of 29 September 1978
              opening a new invitation to tender for the mobilization of common wheat as
                                              food aid for the Republic of Chad
THE COMMISSION OF THE EUROPEAN                                     within the set time limits, it must be made clear who
COMMUNITIES,                                                       is to bear any costs resulting therefrom ;
Having regard to the Treaty establishing the European              Whereas provisions should be made for security to be
Economic Community,                                                given to guarantee fulfilment of the obligation arising
                                                                   by virtue of participation in the invitation to tender ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                 Whereas the Belgian intervention agency should be
tion of the market in cereals (J), as last amended by               made responsible for the tendering procedure in ques­
Regulation (EEC) No 1 254/78 (2),                                  tion ;
Having regard to Council Regulation (EEC) No                       Whereas the Commission must be informed quickly
2750/75 of 29 October 1975 laying down the condi­                  of the tenders submitted in response to the invitation
tions for the mobilization of cereals as food aid (3), and         and of those accepted by the intervention agency ;
in particular Article 6 thereof,
Whereas on 30 January 1978 the Council of the Euro­                Whereas the Monetary Committee will be consulted ;
pean Communities declared that by way of Commu­                    whereas, in view of the urgency, the measures envis­
nity action it proposed to grant the Republic of Chad              aged should be adopted in accordance with the condi­
2 800 tonnes of common wheat under its 1977/78                     tions laid down in Article 3 (2) of Council Regulation
                                                                    No 129 on the value of the unit of account and the
food-aid programme ;
                                                                   exchange rates to be applied for the purposes of the
Whereas pursuant to Article 3 (3) of Council Regula­               common agricultural policy (5), as last amended by
                                                                   Regulation (EEC) No 2543/73 (6), and in particular
tion (EEC) No 2750/75 the ^oods may be purchased                   Article 3 thereof ;
anywhere on the Community market ;
Whereas the invitation to tender opened in the                     Whereas the measures provided for in this Regulation
Community under Commission Regulation (EEC) No                     are in accordance with the opinion of the Manage­
 1597/78 of 7 July 1978 opening an invitation to                    ment Committee for Cereals,
tender for the mobilization of common wheat as aid
for Chad (4) was not allocated ; whereas a new invita­
tion to tender should therefore be opened ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products delivered to N'Djamena ;
                                                                                           Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                    1 . Tenders are hereby invited for the supply, by
may relate to products mobilized anywhere within                   way of Community food-aid action, to the Republic of
those Member States ; whereas, in view of the currency              Chad, of 2 800 tonnes of common wheat.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account             2. The tendering procedure shall take place in
 should be taken of the effect on each tender of the                Belgium in one lot.
 currency situation in the Member State in which the
 customs export formalities will be completed ;                     3. The products shall be mobilized on the Commu­
 Whereas   the   contract should be awarded            to the
                                                                    nity market.
 tenderer offering the best terms ;
                                                                    4.    Shipment shall be from a Community port.
 Whereas in case it should be impossible for reasons of
 force majeure to complete the operation in question                5. The invitation to tender provided for in para­
                                                                   graph 1 is for supply of the products delivered to
;») OJ No  L 281 , 1 . 11 . 1975, p. 1 .                            N'Djamena.
I2) OJ No  L  156, 14. 6. 1978, p. 1 .
P)  OJ No  L 281 , 1 . 11 . 1975, p. 89.                           (5) OJ No 106, 30. 10. 1962, p. 2553/62.
(<) OJ No  L  186, 8. 7. 1978, p. 35.                              (6) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- 30. 9 . 78                        Official Journal of the European Communities                          No L 275/71
6.    The    successful  tenderer   shall   deliver the          2-25 % , a conversion rate resulting from their
products specified in paragraph 1 in new jute sacks of           central rate,
a net capacity of 50 kilograms.                             — in the other cases, the average of the spot rates of
                                                                 the currencies concerned recorded in the Member
Minimum weight of the sacks shall be 600 grams. The              State in which the invitation to tender is issued
following shall be printed on the sacks :
                                                                 during a period from the Wednesday of one week
' Froment tendre / Don de la Communauté écono­                   to the Tuesday of the following week being the
mique européenne à la république du Tchad'.                      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                                    Article 4
sacks, of the same quality as those containing the
goods but with the printing followed by a capital           The contract shall be awarded to the tenderer offering
letter 'R'.
                                                             the best terms, taking into consideration the adjust­
                                                             ment referred to in Article 3 (3).
                        Article 2
                                                             However, if the tenders submitted do not appear to
 1 . The decision on tenders received in response to         reflect normal market prices and costs, the interven­
the invitation provided for in Article 1 shall be taken      tion agency may cancel the invitation to tender.
on 13 October 1978 .
2.     The closing date for the receipt of tenders shall                             Article 5
be 13 October 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 goods.
published in the Official Journal of the European
 Communities not less than nine days before the              It shall be released :
closing date for submission of tenders.                     — in the case of all tenderers whose tenders are
                                                                 unsuccessful or are not accepted,
                        Article 3                           — in the case of the successful tenderer, when the
                                                                 operations concerned have been carried out within
 1 . The prices offered must be expressed in the                 the prescribed time limit and on submission of
currency of the Member State in which the invitation             the original export licence duly granted and
to tender was issued.
                                                                 endorsed by the competent authorities of the
                                                                 Member State mentioned in the tender pursuant
2. Tenders must in particular mention the Member                 to Article 3 (2).
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs        — in the case of the successful tenderer, for quanti­
export formalities for the products concerned.                   ties not supplied by reason of force majeure.
3 . For the purpose of rendering the tenders compar­         2. The security required under paragraph 1 may be
able, the prices shall be corrected by the monetary          provided in the form of a cash deposit or of a
compensatory amount applicable on the closing date          guarantee issued by a credit institution conforming to
for submission of tenders to exports from the Member         criteria laid down by each Member State.
State mentioned in the tender pursuant to paragraph
2.
                                                                                     Article 6
Such correction shall be made by :
                                                            The product referred to in Article 1 must be of fair
— increasing prices which mention a Member State             and sound merchantable quality and correspond at
     whose currency has depreciated or a new Member          least to the standard quality for which the interven­
     State,                                                  tion price is fixed, except that the moisture content
— reducing prices which mention a Member State               shall not exceed 14-5 % and that a maximum of 3 %
     whose currency has been revalued.                       of sprouted grains and 1 -5 % of miscellaneous impuri­
                                                             ties shall be allowed.
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 :
                                                             1 . The Belgian intervention agency shall be respon­
— in the case when the currencies concerned are              sible for operations relating to the invitation to tender
     kept at any given moment within a band of               provided for by this Regulation
 ---pagebreak--- No L 275/72                        Official Journal of the European Communities                              30 . 9 . 78
2.    It shall forthwith communicate to the Commis­          (b) the date of the departure of the ships ; the
sion the list of firms which have responded to the invi­         expected date of arrival of the products at their
tation to tender, specifying the terms of each tender,           destination ;
together with the name and business name of the              (c) all possible contingencies which might occur
successful tenderer.
                                                                 during transportation of the products.
3. Where the customs export formalities for the
mobilized product are completed in a Member State            The intervention agency shall transmit the informa­
other than that in which the invitation to tender is         tion provided for to the Commission as soon as it is
                                                             received .
issued, the intervention agency of the latter Member
State shall be responsible for the operations following      5. When the intervention agency responsible for
tendering, including payment to the successful               the operations relating to tendering is not the interven­
tenderer.
                                                             tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the           shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­      tion necessary for relating the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may                                 Article 8
require.
Futhermore, the amount of the successful tender shall        As regards this tender the intervention agency is auth­
be paid after it has been converted using the average        orized to make an initial payment of 80 % of the
of the spot rates referred to in the second subpara­         value of the quantity given in the bill of lading, on
graph of Article 3 (3) to the tenderer in the currency       presentation of that document and subject to the
of the Member State in which, the operations relating        taking of a security for an amount equal to the initial
                                                             payment.
to the tendering are completed.
4. The intervention agency shall ask that the                                         Article 9
tenderer specifies the following information :
(a) after each shipment, a statement giving details of       This Regulation shall enter into force on the day of its
    the quantities loaded, the quality of the products       publication in the Official Journal of the European
    and their packaging ;                                     Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
               Done at Brussels, 29 September 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President