CELEX: 31978R0553
Language: en
Date: 1978-03-17
Title: Commission Regulation (EEC) No 553/78 of 17 March 1978 opening an invitation to tender for the mobilization of maize as food aid for the United Nations High Commission for Refugees

18 . 3 . 78                            Official Journal of the European Communities                           No L 76/5
                                   COMMISSION REGULATION (EEC) No 553/78
                                                       of 17 March 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 2560/77 (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 1 29 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 1 976/77 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 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                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 303, 28 . 11 . 1977, p. 1 .                           (4) OJ No 106, 30. 10. 1962, p. 2553/62.
'3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                          («) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 76/6                         Official Journal of the European Communities                              18 . 3. 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
 Maïs — Don de la CEE — Action UNHCR en
                                                                  during a period from the Wednesday of one week
Angola — À distribuer gratuitement'.                              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
                                                                  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 31 March 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 31 March 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
to tender was issued .                                            operations concerned have been carried out within
                                                                  the prescribed time limit and on submission of
2. Tenders must in particular mention the Member                  the original export licence duly granted and
State in which the tenderer, in the event of his being            endorsed by the competent authorities of the
declared successful, expects to complete the customs              Member State mentioned in the tender pursuant
export formalities for the products concerned.                    to Article 3 (2),
                                                             — 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 and the acces­           2. The security required under paragraph 1 may be
sion compensatory amount applicable on the closing           provided in the form of a cash deposit or of a
date for submission of tenders to exports from the           guarantee issued by a credit institution conforming to
Member State mentioned in the tender pursuant to             criteria laid down by each Member State.
 paragraph 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 quaflity and correspond at
                                                             least to the standard quality for which the interven­
— reducing prices which mention a Member State               tion 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--- 18 . 3 . 78                        Official Journal of the European Communities                             No L 76/7
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
successful tenderer.                                          The information indicated above shall be forwarded
                                                              by the intervention agency to the Commission imme­
3. Where the customs export formalities for the               diately upon receipt.
mobilized product are completed in a Member State
other than that in which 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 security.
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, 17 March 1978 .
                                                                         For the Commission
                                                                          Finn GONDELACH
                                                                             Vice-President