CELEX: 31978R1658
Language: en
Date: 1978-07-14 00:00:00
Title: Commission Regulation (EEC) No 1658/78 of 14 July 1978 opening an invitation to tender for the mobilization of maize meal as food aid for the Republic of Senegal

No L 192/30                            Official Journal of the European Communities                             15 . 7 . 78
                                  COMMISSION REGULATION (EEC) No 1658/78
                                                        of 14 July 1978
              opening an invitation to tender (or the mobilization of maize meal as food aid
                                                 for the Republic of Senegal
THE COMMISSION OF THE EUROPEAN                                     Whereas provision should be made for security to be
COMMUNITIES,                                                      given for the purpose of guaranteeing that the obliga­
                                                                   tions arising by virtue of participation in the invita­
 Having regard to the Treaty establishing the European             tion to tender for supplies to Senegal will be fulfilled ;
 Economic Community,
                                                                  Whereas the French intervention agency should be
 Having regard to Council Regulation (EEC) No                      made responsible for the tendering procedure ;
 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 1 254/78 (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
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and        Whereas the Monetary Committee will be consulted ;
in particular Article 6 thereof,                                  whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
Whereas on 30 January 1978 the Council of the Euro­                No 129 on the value of the unit of account and the
pean Communities declared that it proposed, by way                exchange rates to be applied for the purposes of the
of Community action, to grant 5 555 tonnes of maize               common agricultural policy (4), as last amended by
meal to the Republic of Senegal under its 1977/78                  Regulation (EEC) No 2543/73 (5), and in particular
food-aid programme ;                                              Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
                                                                  Whereas the measures provided for in this Regulation
tion (EEC) No 2750/75 the goods may be purchased
                                                                  are in accordance with the opinion of the Manage­
anywhere on the Community market ;                                 ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products delivered to Dakar, that is
at the moment when the goods are actually placed on
the dock or in the lighter where applicable ;                      HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
may relate to products mobilized anywhere within                                              Article 1
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
                                                                   1 . Tenders are hereby invited for the supply to the
that the tenders are as comparable as possible, account           Republic of Senegal by way of Community food-aid
should be taken of the effect on each tender of the
                                                                  action of 5 555 tonnes of maize meal .
currency situation in the Member State in which the
customs export formalities will be completed ;
                                                                  2. The tendering procedure shall take place in
Whereas the award under the invitation to tender                  France in one lot. The products shall be mobilized on
must be made to the tenderer offering the best terms ;            the Community market. The products shall be loaded
                                                                  for departure from a Community port.
Whereas, should force majeure make it impossible to
complete the operation in question within the time                3 . The invitation to tender provided for in para­
limits specified, it must be made clear who is to bear            graph 1 is for supply of products delivered to Dakar,
the liability for any resulting costs ;                           that is at the moment when the goods are actually
                                                                  placed on the dock or in the lighter where applicable.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 1 .                              (<) 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 192/31
4.    The    successful   tenderer   shall   deliver the           2*25 % , a conversion rate resulting from their
products in new cotton sacks of a net capacity of 50               central rate,
kilograms.                                                    — in the other cases, the average of the spot rates of
                                                                   the currencies concerned recorded in the Member
The minimum weight of the sacks shall be 180 grams.                State in which the invitation to tender is issued
The following shall be printed on the sacks :                      during a period from the Wednesday of one week
                                                                   to the Tuesday of the following week being the
'Semoule de maïs / Don de la Communauté écono­                     period immediately preceding the closing date for
mique , européenne à la république du Senegal / À                  submission of tenders .
distribuer gratuitement'.
To allow for the possibility of re-bagging, the                                       Article 4
successful tenderer shall supply 2 % of new empty
sacks of the same quality as those containing the             The contract shall be awarded to the tenderer offering
goods but with the printing followed by a capital             the best terms, taking into consideration the adjust­
letter 'R'.                                                   ment referred to in Article 3 (3).
                                                              However, if the tenders submitted do not appear to
                        Article 2
                                                              reflect normal market prices and costs, the interven­
                                                              tion agency may cancel the invitation to tender.
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken
on 28 July 1978 .                                                                     A rticle 5
2. The closing date for submission of tenders shall           1 . The tenderer shall give security in an amount of
be 28 July 1978 at 12 noon .                                  10 units of account 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.
                                                              The product referred to in Article 1 must meet the
 Such correction shall be made by :                           following requirements :
— increasing prices which mention a Member State              — moisture content : maximum 1 2 % ,
     whose currency has depreciated or a new Member
     State,
                                                              — acidity : 0-6% maximum ^
 — reducing prices which mention a Member State                Products not meeting these requirements shall be
     whose currency has been revalued.                         refused .
 The monetary compensatory amount shall, where
 appropriate, be converted into the currency of the                                   Article 7
 Member State in which the invitation to tender is
 issued using :                                                1 . The French intervention agency shall be respon­
 — in the case when the currencies concerned are              sible for organizing the invitation to tender provided
     kept at any given moment within a band of                 for by this Regulation .
 ---pagebreak--- No L 192/ 32                       Official Journal of the European Communities                               15 . 7 . 78
2.     It shall forthwith communicate to the Commis­          (b) the date of the departure of the ships, the esti­
sion the list of firms which have responded to the invi­          mated date of arrival of the products at their desti­
tation to tender, specifying the terms of each tender,            nation ;
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
other than that in which the invitation to tender is          by the intervention agency to the Commission imme­
issued, the intervention agency of the latter Member          diately upon receipt.
State shall be responsible for the operations following
tendering, including payment to the successful                5 . When the intervention agency responsible for
tenderer.                                                     the operations relating to tendering is not the interven­
                                                              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 releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may
require.                                                                              Article 8
Furthermore, the amount of the successful tender              As regards this tender the intervention agency is auth­
shall be paid after it has been converted using the           orized to make an initial payment of 80 % of the
average of the spot rates referred to in the last 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
to the tendering are completed.                               payment.
4. The intervention agency shall request the
successful tenderer to supply the following informa­                                  Article 9
tion :
(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 the type of packing ;                                 Com m unities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 14 July 1978 .
                                                                        Fo r the Co mm issio n
                                                                         Finn GUNDELACH
                                                                            Vice-President