CELEX: 31978R1593
Language: en
Date: 1978-07-07 00:00:00
Title: Commission Regulation (EEC) No 1593/78 of 7 July 1978 opening an invitation to tender for the mobilization of maize as food aid for the United Nations High Commission for Refugees

8 . 7. 78                               Official Journal of the European Communities                        No L 186/23
                                  COMMISSION REGULATION (EEC) No 1593/78
                                                        of 7 July 1978
              opening an invitation to tender for the mobilization of maize as food aid for the
                                   United Nations High Commission for Refugees
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                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 1254/78 (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 8 February 1977 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 the United Nations               Regulation (EEC) No 2543/73 (5), and in particular
High Commission for Refugees 3 750 tonnes of maize                Article 3 thereof ;
under its 1976/77 food-aid 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 Manager
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 delivered Lobito, that is at
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                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 United
may relate to products mobilized anywhere within                   Nations High Commission for Refugees, of 3 750
those Member States ; whereas, in view of the currency            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 Lobito,
                                                                  that is at the moment when the goods are actually
Whereas in case it should be impossible for reasons of            placed 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 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.                           (s) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  No L 186/24                     Official Journal of the European Communities                             8 . 7. 78
 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
 Mais / Don de la CEE / Action UNHCR en Angola /                during a period from the Wednesday of one week
 k distribuer gratuitement'.                                    to the Tuesday of the following week being the
                                                                period immediately preceding the closing date for
 ro allow for the possibility of re-bagging the                 submission of tenders.
 successful tenderer shall supply 2 % of new empty
sacks of the same quality as those containing the
goods but with the printing followed by a capital                                  Article 4
letter 'R'.
                                                           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 21 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 21 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 :
                                                           — in the case of all tenderers whose tenders are
                       Article 3
                                                                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
                                                                not supplied by reason of force majeure.
3. For the purpose of rendering the tenders compar­
able, the prices shall be corrected by the monetary        2. The security required under paragraph 1 may be
compensatory amount applicable on the closing date
                                                            provided in the form of a cash deposit or of a
for submission of tenders to exports from the Member       guarantee issued by a credit institution conforming to
State mentioned in the tender pursuant to paragraph        criteria laid down by each Member State.
2.
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 quality for which the interven­
     whose currency has been revalued.                     tion   price is fixed.
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--- 8 . 7. 78                          Official Journal of the European Communities                          No L 186/25
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,
together with the name and business name of the               (b) the date of departure of the vessels.
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 receipt.
other than that in whcih 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 sucurity.
In this 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 second           payment.
subparagraph of Article 3 (3) to the tenderer in the
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, 7 July 1978.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President