CELEX: 31978R1660
Language: en
Date: 1978-07-14 00:00:00
Title: Commission Regulation (EEC) No 1660/78 of 14 July 1978 opening an invitation to tender for the mobilization of maize meal as food aid for the Comoros

No L 192/36                             Official Journal of the European Communities                             15 . 7 . 78
                                  COMMISSION REGULATION ( EEC) No 1660/78
                                                        of 14 July 1978
              opening an invitation to tender for the mobilization of maize meal as food aid
                                                       for the Comoros
THE COMMISSION OF THE EUROPEAN                                    tions arising by virtue of participation in the invita­
COMMUNITIES,                                                      tion to tender for supplies to the Comoros will be
                                                                  fulfilled ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas the French 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 1 254/78 (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 500 tonnes of maize                Regulation (EEC) No 2543/73 (5), and in particular
meal to the Comoros 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 the proposed invitation to tender should be
                                                                   HAS ADOPTED THIS REGULATION :
for supply of the products to the dock or in the
lighter where applicable at the port of unloading ;
                                                                                           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 to the
those Member States ; whereas, in view of the currency            Comoros, by way of Community food-aid action, of
situation in the Member States and in order to ensure              500 tonnes of maize meal .
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
currency situation in the Member State in which the                France in two lots. The products shall be mobilized
customs export formalities will be completed ;                    on the Community market. The products shall be
                                                                   loaded for departure from a Community port.
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;             3 . The invitation to tender provided for in para­
                                                                  graph 1 is for supply of products to the dock, oi
Whereas, should force majeure make it impossible to                lighter where applicable, in the ports of :
complete the operation in question within the time                — Moroni (300 tonnes),
limits specified, it must be made clear who is to bear
the liability for any resulting costs ;                           — Mutsamudu (200 tonnes).
                                                                  4.     The   successful   tenderer    shall deliver     the
Whereas provision should be made for security to be
given for the purpose of guranteeing that the obliga­              products in new cotton sacks of a net capacity of 5C
                                                                   kg­
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 1 .                              (4) 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---  15. 7. 78                        Official Journal of the European Communities                        No L 192/37
The minimum weight of the sacks shall be 180 grams.         — in the case when the currencies concerned are
                                                                 kept at any given moment within a band of
The following shall be printed on the sacks :                    2-25 % , a conversion rate resulting from their
                                                                 central rate,
'Semoules de maïs / Don de la Communauté écono­
                                                            — in the other cases, the average of the spot rates of
 mique européenne aux Comores'.                                  the currencies concerned recorded in the Member
                                                                 State in which the invitation to tender is issued
To allow for the possibility of re-bogging, the                  during a period from the Wednesday of one week
 successful tenderer shall supply 2 % of new empty               to the Tuesday of the following week, being the
 sacks of the same quality as those containing the               period immediately preceding the closing date for
goods but with the printing followed by a capital                submission of tenders .
 letter 'R\
                                                                                    Article 4
                       Article 2
                                                            The contract shall be awarded to the tenderer offering
 1 . The decision on tenders received in response to        the best terms, taking into consideration the adjust­
the invitation provided for in Article 1 shall be taken     ment referred to in Article 3 (3).
on 28 July 1978 .
                                                            However, if the tenders submitted do not appear to
2. The closing date for submission of tenders shall         reflect normal market prices and costs, the interven­
be 28 July 1978 , at 12 noon .                              tion agency may cancel the invitation to tender.
3.     The  notice  of invitation to   tender shall  be
published in the Official Journal of the European                                   Article 5
 Communities not later than nine days before the
closing date for submission of tenders.                      1 . The tenderer shall give security in an amount of
                                                             10 units of account per tonne of the products.
                       Article 3                            It shall be released :
                                                            — in the case of all tenderers whose tenders are
 1 . The prices offered must be expressed in the                 unsuccessful or are not accepted,
currency of the Member State in which the invitation
to tender was issued.                                       — in the case of the successful tenderer, when the
                                                                 operations concerned have been carried out within
                                                                 the prescribed time limit and on submission of
2. Tenders must in particular mention the Member
                                                                 the original export licence, duly granted and
State in which the tenderer, in the event of his being           endorsed by the competent authorities of the
declared successful, expects to complete the customs
export formalities for the products concerned .                  Member State mentioned in the tender pursuant
                                                                 to Article 3 (2),
3 . For the purpose of rendering the tenders compar­        — in the case of the successful tenderer for quantities
able, the prices shall be corrected by the monetary              not supplied by reason of force majeure.
compensatory amount applicable on the closing date
for submission of tenders to exports from the Member        2. The security required under paragraph 1 may be
State mentioned in the tender pursuant to paragraph         provided in the form of a cash deposit or of a
2.                                                          guarantee issued by a credit institution conforming to
                                                            criteria laid down by each Member State.
Such correction shall be made by :
— increasing prices which mention a Member State                                    Article 6
     whose currency has depreciated or a new Member
     State,                                                 The product referred to in Article 1 must meet the
— reducing prices which mention a Member State              following requirements :
     whose currency has been revalued .
                                                            — moisture content : 12% maximum,
The monetary compensatory amount shall , where              — acidity : 0-6 % maximum .
appropriate, be converted into the currency of the
Member State in which the invitation to tender is           Products not meeting these requirements shall be
issued using :                                              refused .
 ---pagebreak---  No L 192/38                        Official Journal of the European Communities                               15 . 7. 78
                          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
 3 . Where the customs export formalities for the              by the intervention agency to the Commission imme­
                                                               diately 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 last subpara­    payment.
 graph of Article 3 (3) to the tenderer in the currency
 of the Member State in which the operations relating
                                                                                       Article 9
 to the tendering are completed.
 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, 14 July 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President