CELEX: 31978R1656
Language: en
Date: 1978-07-14 00:00:00
Title: Commission Regulation (EEC) No 1656/78 of 14 July 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the Kingdom of Lesotho

No L 192/24                             Official Journal of the European Communities                            15. 7. 78
                                  COMMISSION REGULATION (EEC) No 1656/78
                                                        of 14 July 1978
              opening an invitation to tender for the mobilization of common wheat as food
                                               aid for the Kingdom of Lesotho
THE COMMISSION OF THE EUROPEAN                                    Whereas the French intervention agency should be
COMMUNITIES,                                                       made responsible for the tendering procedure in ques­
                                                                  tion ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas the Commission must be informed quickly
                                                                  of the tenders submitted in response to the invitation
Having regard to Council Regulation (EEC) No                      and of those accepted by the intervention agency ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as last amended by             Whereas the Monetary Committee will be consulted ;
Regulation (EEC) No 1254/78 0,                                    whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
Having regard to Council Regulation (EEC) No                       tions laid down in Article 3 (2) of Council Regulation
2750/75 of 29 October 1975 laying down the condi­                  No 129 on the value of the unit of account and the
tions for the mobilization of cereals as food aid (3), and         exchange rates to be applied for the purposes of the
in particular Article 6 thereof,                                   common agricultural policy (4), as last amended by
                                                                   Regulation (EEC) No 2543/73 (5), and in particular
Whereas on 30 January 1978 the Council of the Euro­               Article 3 thereof ;
pean Communities declared that by way of Commu­
nity action it proposed to grant the Kingdom of                    Whereas the measures provided for in this Regulation
Lesotho 1 500 tonnes of common wheat under its                     are in accordance with the opinion of the Manage­
 1977/78 food-aid programme ;                                      ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
tion ( EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                 HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products delivered to Maseru ;                                             Article 1
Whereas tenders may be submitted by tenderers esta­                1 . Tenders are hereby invited for the supply, by
blished in any Member State of the Community and                   way of Community food-aid action , to the Kingdom
may relate to products mobilized anywhere within                   of Lesotho of 1 500 tonnes of common wheat.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure              2. The tendering procedure shall take place in
that the tenders are as comparable as possible, account            France in one lot. The product shall be mobilized on
should be taken of the effect on each tender of the                the Community market. The product shall be loaded
currency situation in the Member State in which the                for departure from any Community port.
customs export formalities will be completed ;
                                                                   3 . The invitation to tender provided for in para­
Whereas     the contract should be awarded to the                  graph 1 is for supply of the products delivered to
tenderer offering the best terms ;                                 Maseru .
Whereas in case it should be impossible for reasons of             4. The successful tenderer shall deliver the product
force majeure to complete the operation in question                specified in paragraph 1 in new jute sacks of a net
within the set time limits, it must be made clear who              capacity of 50 kilograms.
is to bear any costs resulting therefrom ;
                                                                   Minimum weight of the sacks shall be 600 grams. The
Whereas provision should be made for security to be                following shall be printed on the sacks :
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender ;           'Wheat / Gift of the European Economic Community
                                                                   to the Kingdom of Lesotho'.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
I1) OJ No L 156, 14. 6. 1978, p. 1 .                               (4) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(}) 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/ 25
To allow for the possibility of re-bagging the                However, if the tenders submitted do not appear to
successful tenderer shall supply 2 % of new empty             reflect normal market prices and costs, the interven­
sacks of the same quality as those containing the             tion agency may cancel the invitation to tender.
goods but with the printing followed by a capital
letter * R\
                                                                                       Article 5
                        Article 2
1 . The decision on tenders received in response to           1 . The tenderer shall give security of a value of five
the invitation provided for in Article 1 shall be taken       units of account per tonne of goods.
on 28 July 1978 .
                                                              It shall be released :
2. The closing date for submission of tenders shall
be 28 July 1978, at 12 noon .                                — in the case of all tenderers whose tenders are
3.     The   notice of  invitation  to  tender shall  be           unsuccessful or are not accepted,
published in the Official Journal of the European            — in the case of the successful tenderer, when the
Communities not less than nine days before the                     operations concerned have been carried out within
closing date for submission of tenders.                            the prescribed time limit and on submission of
                                                                   the original export licence duly granted and
                        Article 3                                  endorsed by the competent authorities of the
                                                                   Member State mentioned in the tender pursuant
1 . The prices offered must be expressed in the                    to Article 3 (2),
currency of the Member State in which the invitation
to tender was issued.                                         — in the case of the successful tenderer for quantities
                                                                   not supplied by reason of force majeure.
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being        2. The security required under paragraph 1 may be
declared successful, expects to complete the customs          provided in the form of a cash deposit or of a
export formalities for the products concerned.               guarantee issued by a credit institution conforming to
3.     For the purpose of rendering the tenders compar­       criteria laid down by each Member State.
able, the prices shall be corrected by the monetary
compensatory amount applicable on the closing date
for submission of tenders to exports from the Member                                   Article 6
State mentioned in the tender pursuant to paragraph
2.                                                            The common wheat referred to in Article 1 to be
Such correction shall be made by :                            supplied to the Kingdom of Lesotho must be of fair
                                                              and sound merchantable quality and correspond at
— increasing prices which mention a Member State              least to the standard quality for which the interven­
    whose currency has depreciated or a new Member            tion price is fixed, except that the humidity shall not
    State,                                                    exceed 1 5*5 % and that a maximum tolerance of 3 %
— reducing prices which mention a Member State                of sprouted grains and 1-5 % of miscellaneous impuri­
    whose currency has been revalued.                         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 :
— in the case when the currencies concerned are                1 . The French intervention agency shall be respon­
                                                              sible for organizing the invitation to tender provided
     kept at any given moment within a band of                for by this Regulation .
     2-25 % , a conversion rate resulting from their
    central rate,
                                                              2.     It shall forthwith communicate to the Commis­
— in the other cases, the average of the spot rates of        sion the list of firms which have responded to the invi­
     the currencies concerned recorded in the Member
     State in which the invitation to tender is issued
                                                              tation to tender, specifying the terms of each tender,
                                                              together with the name and business name of the
    during a period from the Wednesday of one week            successful tenderer.
     to the Tuesday of the following week being the
     period immediately preceding the closing date for        3. Where the customs export formalities for the
     submission of tenders.
                                                              mobilized product are completed in a Member State
                                                              other than that in which the invitation to tender is
                        Article 4
                                                              issued, the intervention agency of the latter Member
The contract shall be awarded to the tenderer offering        State shall be responsible for the operations following
the best terms, taking into consideration the adjust­         tendering, including payment to the successful
ment referred to in Article 3 (3).                            tenderer.
 ---pagebreak--- NO L 192/26                        Official Journal of the European Communities                              15 . 7. 78
In this case, the intervention agency choosing the           The intervention agency shall transmit the informa­
successful tenderer shall immediately inform the inter­      tion provided for to the Commission as soon as it is
vention agency of the Member State concerned and             received .
shall supply it with all the information which it may
require.                                                      5. When the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
Furthermore, the amount of the successful tender             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                  Article 8
relating to the tendering are completed .
                                                             As regards this tender the intervention agency is auth­
4. The intervention agency shall request the                 orized to make an initial payment of 80 % of the
successful tenderer to supply the following informa­         value of the quantity given in the bill of lading, on
tion :                                                       presentation of that document and subject to the
(a) after each shipment a certificate showing the quan­      taking of a security for an amount equal to the initial
    tities dispatched and the quality of the products ;       payment .
(b) the date of the departure of the ships ; the
                                                                                      Article 9
    expecn-d date of arrival of the products at their
    destination ;                                            This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
    during transportation of the products.                    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