CELEX: 31978R1385
Language: en
Date: 1978-06-23 00:00:00
Title: Commission Regulation (EEC) No 1385/78 of 23 June 1978 opening an invitation to tender for the mobilization of maize as food aid for Guinea Bissau

No L 167/30                           Official Journal of the European Communities                              24. 6. 78
                                   COMMISSION REGULATION (EEC) No 1385/78
                                                        of 23 June 1978
               opening an invitation to tender for the mobilization of maize as food aid for
                                                         Guinea Bissau
  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 French intervention agency should be.
                                                                    made responsible for the tendering procedure in ques­
                                                                    tion ;
  Having regard to Council Regulation (EEC) No
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals ('), as last amended by              Whereas the Commission must be informed quickly
 Regulation (EEC) No 11 25/78 (2),                                  of the tenders submitted in response to the invitation
                                                                    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 by way of Commu­                   common agricultural policy (4), as last amended by
 nity action it proposed to grant Guinea Bissau 2 500              Regulation (EEC) No 2543/73 (5), and in particular
 tonnes    of   maize      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
 for supply of the products delivered Bissau that is at            HAS ADOPTED THIS REGULATION :
 the moment when the goods are actually placed on
 the dock or in the lighter where applicable ;
                                                                                             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 Guinea Bissau
 those Member States ; whereas, in view of the currency            of 2 500 tonnes of maize .
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                France in one lot. The product shall be mobilized on
currency situation in the Member State in which the                the Community market. The product shall be loaded
customs export formalities will be completed ;                     for departure from any Community port.
Whereas     the contract should         be awarded    to  the      3. The invitation to tender provided for in para­
tenderer offering the best terms ;                                graph 1 is for supply of products delivered Bissau that
                                                                   is at the moment when the goods are actually placed
Whereas in case it should be impossible for reasons of            on the dock or in the lighter where applicable.
force majeure to complete the operation in question
within the set time limits, it must be made clear who             4. The successful tenderer shall deliver the product
is to bear any costs resulting therefrom ;                        specified in paragraph 1 in new jute sacks of a net
                                                                  capacity of 50 kilograms.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 142, 30. J. 1978, p. 21 .                             (<) 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--- 24 . 6 . 78                        Official Journal of the European Communities                        No L 167/31
Minimum weight of the sacks shall be 600 grams. The           — in the other cases, the average of the spot rates of
following shall be printed on the sacks :                          the currencies concerned recorded in the Member
                                                                  State in which the invitation to tender is issued
'Milho — Dom da comunidade economica europeia .                   during a period from the Wednesday of one week
                                                                  to the Tuesday of the following week being the
To allow for the possibility of re-bagging the                     period immediately preceding the closing date for
successful tenderer shall supply 2 % of new empty                 submission of tenders.
sacks of the same quality as those containing the
goods but with the printing followed by a capital
letter ' R'.                                                                          Article 4
                                                             The contract shall be awarded to the tenderer offering
                        Article 2
                                                             the best terms, taking into consideration the adjust­
                                                              ment referred to in Article 3 (3).
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken       However, if the tenders submitted do not appear to
on 7 July 1978 .                                             reflect normal market prices and costs, the interven­
                                                             tion agency may cancel the invitation to tender.
2. The closing date for submission of tenders shall
be 7 July 1978 , at 12 noon .
                                                                                     Article 5
3.     The   notice of invitation  to tender shall be
published in the Official Journal of the European             1 . The tenderer shall give security of a value of five
Communities not less than nine days before the               units of account per tonne of goods.
closing date for submission of tenders.
                                                             It shall be released :
                        Article 3                            — in the case of all tenderers whose tenders are
                                                                  unsuccessful or are not accepted,
1 . The prices offered must be expressed in the              — in the case of the successful tenderer, when the
currency of the Member State in which the invitation              operations concerned have been carried out within
to tender was issued .
                                                                  the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
2. Tenders must in particular mention the Member                  endorsed by the competent authorities of the
State in which the tenderer, in the event of his being            Member State mentioned in the tender pursuant
declared successful, expects to complete the customs              to Article 3 (2),
export formalities for the products concerned .
                                                             — in the case 'of the successful tenderer for quantities
3.     For the purpose of rendering the tenders compar­           not supplied by reason of force majeure.
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount applicable on            2. The security required under paragraph 1 may be
the closing date for submission of tenders to exports        provided in the form of a cash deposit or of a
from the Member State mentioned in the tender                guarantee issued by a credit institution conforming to
pursuant to paragraph 2.                                     criteria laid down by each Member State.
Such correction shall be made by :
                                                                                     Article 6
— increasing prices which mention a Member State
     whose currency has depreciated or a new Member          The product referred to in Article 1 must be of fair
     State,                                                  and sound merchantable quality and correspond at
— reducing prices which mention a Member State               least to the standard for which the intervention price
                                                             is fixed .
    whose currency has been revalued ;
The monetary compensatory amount shall, where                If the product does not meet these requirements it
                                                             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 167/32                        Official Journal of the European Communities                               24 . 6. 78
2.     It shall forthwith communicate to the Commis­          (a) after each shipment a certificate showing the quan­
sion the list of firms which have responded to the invi­          tities dispatched and the quality of the products ;
tation to tender, specifying the terms of each tender,        (b) the date of departure of the vessels ;
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              The information indicated above shall be forwarded
mobilized product are completed in a Member State             by the intervention agency to the Commission imme­
other than that in which the invitation to tender is          diately upon receipt.
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
                                                              shall send as soon as possible to the latter the informa­
In this case, the intervention agency choosing the            tion necessary for releasing the security.
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and                                        Article 8 ;
shall supply it with all the information which it may
require.                                                      As regards this tender, the intervention agency is auth­
                                                              orized to make an initial payment of 80 % of the
Furthermore, the amount of the successful tender              value of the quantity given in the bill of lading, on
shall be paid after it has been converted using the           presentation of that document and subject to the
average of the spot rates referred to in the second           taking of a security for an amount equal to the initial
subparagraph of Article 3 (3) to the tenderer in the          payment.
currency of the Member State in which the operations
relating to the tendering are completed.                                                Article 9
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, 23 June 1978 .
                                                                        ' For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President