CELEX: 31979R2758
Language: en
Date: 1979-12-07 00:00:00
Title: Commission Regulation (EEC) No 2758/79 of 7 December 1979 opening an invitation to tender for the mobilization of maize meal as food aid for the Republic of Senegal

No L 312/ 16                          Official Journal of the European Communities                             8 . 12. 79
                                  COMMISSION REGULATION (EEC) No 2758/79
                                                   of 7 December 1979
              opening an invitation to tender (or the mobilization of maize meal as food aid
                                               for the Republic of Senegal
THE COMMISSION OF THE EUROPEAN                                  currency situation in the Member State in which the
COMMUNITIES,                                                    customs export formalities will be completed ;
Having regard to the Treaty establishing the European           Whereas the award under the invitation to tender
Economic Community,                                             must be made to the tenderer offering the best terms ;
Having regard to Council Regulation (EEC) No                    Whereas, should force majeure make it impossible to
2727/75 of 29 October 1975 on the common organiza­              complete the operation in question within the time
tion of the market in cereals ( ! ), as last amended by         limits specified, it must be made clear who is to bear
Regulation (EEC) No 1 547/79 (2),                               the liability for any resulting costs ;
Having regard to Council Regulation (EEC) No                    Whereas provision should be made for security to be
2750/75 of 29 October 1975 laying down the condi­               given for the purpose of guaranteeing that the obliga­
tions for the mobilization of cereals as food aid (3), and      tions arising by virtue of participation in the invita­
in particular Article 6 thereof,                                tion to tender for supplies to Senegal will be fulfilled ;
Having regard to Council Regulation No 129 on the               Whereas the French intervention agency should be
value of the unit of account and the exchange rates to          made responsible for the tendering procedure ;
be applied for the purposes of the common agricul­
tural policy (4), as last amended by Regulation (EEC)
No 2543/73 (5), and in particular Article 3 thereof,            Whereas the Commission must be informed quickly
                                                                of the tenders submitted in response to the invitation
                                                                and of those accepted by the intervention agency ;
Having regard to the opinion of the Monetary
Committee,
                                                                Whereas the measures provided for in this Regulation
Whereas on 8 May 1979 the Council of the European               are in accordance with the opinion of the Manage­
                                                                 ment Committee for Cereals,
Communities declared that it proposed, by way of
Community action, to grant 2 222 tonnes of maize
meal to the Republic of Senegal under its 1978/79
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 tenders should be invited for the supply of
the product to the port of shipment in the vicinity of           1 . Tenders are hereby invited for the supply to the
the vessel, the goods to be set down at the place nomi­          Republic of Senegal, by way of Community food-aid
nated by the recipient or its agent ;                            action, of 2 222 tonnes of maize meal .
Whereas tenders may be submitted by tenderers esta­              2. The tendering procedure shall take place in
blished in any Member State of the Community and                 France in one lot. The product shall be mobilized on
may relate to products mobilized anywhere within                 the Community market. The product shall be loaded
those Member States ; whereas, in view of the currency           for the departure from any Community port.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account          3. The product referred to in paragraph 1 is to be
should be taken of the effect on each tender of the              delivered in new jute sacks of a net capacity of 50 kilo­
                                                                 grams to the port of shipment in the vicinity of the
0 OJ No L 281 , 1 . 11 . 1975, p. 1 .                            vessel . The goods must be set down at the place nomi­
(2) OJ No L 188, 26. 7. 1979, p. 1 .                             nated by the recipient country or its agent, the timing
(*) OJ No L 281 , 1 . 11 . 1975, p. 89.
 <) OJ No 106, 30. 10. 1962, p. 2553/62.                         of delivery being settled by the tenderer and the recip­
(5) OJ No L 263, 19. 9. 1973, p. 1 .                             ient country's agent.
 ---pagebreak--- 8 . 12. 79                       Official Journal of the European Communities                        No L 312/ 17
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
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
'Semoules de maïs / Don de la Communauté écono­
                                                                to the Tuesday of the following week being the
mique européenne à la république du Sénégal / À                 period immediately preceding the closing date for
distribuer gratuitement'.                                       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
                                                           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 21 December 1979 .
                                                                                   Article 5
2.    The closing date for submission of tenders shall
be 21 December 1979 at 12 noon .                            1 . The tenderer shall give security in an amount of
                                                            12 ECU per tonne of the products.
3.    The notice of invitation to tender shall be
                                                           It shall be released :
published in the Official Journal of the European
Communities not later than nine days before the            — in the case of all tenderers whose tenders are
closing date for submission of tenders.                         unsuccessful or are not accepted,
                                                           — in the case of the successful tenderer, when the
                       Article 3                                operations concerned have been carried out within
                                                                the prescribed time limit and on submission of
 1 . The prices offered must be expressed in the                the original export licence, duly granted and
currency of the Member State in which the invitation            endorsed by the competent authorities of the
to tender was issued .                                          Member State mentioned in the tender pursuant
                                                                to Article 3 (2),
2. Tenders must in particular mention the Member           — in the case of the successful tenderer for quantities
State in which the tenderer, in the event of his being          not supplied by reason of force majeure.
declared successful, expects to complete the customs
export formalities for the products concerned.             2. The security required under paragraph 1 may be
                                                           provided in the form of a cash deposit or of a
3 . For the purpose of rendering the tenders compar­       guarantee issued by a credit institution conforming to
able, the prices shall be corrected by the monetary        criteria laid down by each Member State.
compensatory amount applicable on the closing date
for submission of tenders to exports from the Member
State mentioned in the tender pursuant to paragraph                                Article 6
2. Such correction shall be made by :
                                                           The product referred to in Article 1 must meet the
— increasing prices which mention a Member State            following requirements :
     whose currency has depreciated,
                                                           — moisture content : maximum 13% ,
— reducing prices which mention a Member State
     whose currency has been revalued.                     — acidity : 0-6 % maximum .
The monetary compensatory amount shall, where               Products not meeting these requirements shall be
                                                            refused .
appropriate, be converted into the currency of the
Member State in which the invitation to tender is
 issued using :                                                                    Article 7
— in the case when the currencies concerned are
     kept at any given moment within a band of              1.    The French intervention agency shall be respon­
     2-25 % . a conversion rate resulting from their        sible for organizing the invitation to tender provided
     central rate ,                                         for by this Regulation .
 ---pagebreak---  No L 312/ 18                      Official Journal of the European Communities                               8 . 12. 79
 2.    It shall forthwith communicate to the Commis­          (a) after each shipment, a statement giving details of
sion the list of firms which have responded to the invi­          the quantities loaded, the quality of the products
tation to tender, specifying the terms of each tender,            and the type of packing ;
together with the name and business name of the               (b) the date of the departure of the ships.
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
mobilized product are completed in a Member State             diately upon reciept.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member          5. When the intervention agency responsible for
State shall be responsible for the operations following       the operations relating to tendering is not the interven­
tendering, including payment to the successful                tion agency which appoints the successful tenderer, it
tenderer.                                                     shall send as soon as possible to the latter the informa­
                                                              tion necessary for releasing the security.
In such case, the intervention agency choosing the
successful tenderer shall immmediately inform the                                     Article 8
intervention agency of the Member State concerned
and shall supply it with all the information which it         On delivery of the goods at the port of shipment, a
may require.                                                  handing-over certificate shall be supplied to the
                                                              successful tenderer, acting as agent for the Commu­
Furthermore, the amount of the successful tender              nity, by the agent of the recipient country or, in the
shall be paid after it has been converted using the           absence of the latter, by the intervention agency of the
average of the spot rates referred to in the second           Member State in whose territory the port of shipment
subparagraph of Article 3 (3) to the tenderer in the          is situated .
currency of the Member State in whih the operations
relating to the tendering are completed.                                              Article 9
4. The intervention agency shalll 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, 7 December 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President