CELEX: 31977R2549
Language: en
Date: 1977-11-18 00:00:00
Title: Commission Regulation (EEC) No 2549/77 of 18 November 1977 opening an invitation to tender for the mobilization of sorghum as food aid for the Republic of Senegal

No L 296/ 16                            Official Journal of the European Communities                             19 . 11 . 77
                                  COMMISSION REGULATION ( EEC) No 2549/77
                                                     of 18 November 1977
              opening an invitation to tender for the mobilization of sorghum as food aid for
                                                   the Republic of Senegal
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
Having regard to Council Regulation (EEC) No                      of the tenders submitted in response to the invitation
2727/75 of 29 October 1975 on the common organiza­                and of those accepted by the intervention agency ;
tion of the market in cereals ( ! ), as last amended by
Regulation (EEC) No 1386/77 (2),                                  Whereas the Monetary Committee will be consulted ;
                                                                  whereas, in view of the urgency, the measures envis­
Having regard to Council Regulation (EEC) No                      aged should be adopted in accordance with the condi­
2750/75 of 29 October 1975 laying down the condi­                 tions laid down in Article 3 (2) of Council Regulation
tions for the mobilization of cereals as food aid (3), and         No 129 on the value of the unit of account and the
in particular Article 6 thereof,                                  exchange rates to be applied for the purposes of the
                                                                  common agricultural policy (4), as last amended by
Whereas on 8 February 1977 the Council of the Euro­                Regualtion (EEC) No 2543/73 (5), and in particular
pean Communities declared that by way of Commu­                   Article 3 thereof ;
nity action it proposed to grant the Republic of
Senegal 8 000 tonnes of sorghum under its 1976/77                 Whereas the measures provided for in this Regulation
food-aid programme ;                                               are in accordance with the opinion of the Manage­
                                                                   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 ;
Whereas tenders should be invited for the supply of                HAS ADOPTED THIS REGULATION :
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                                             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 the Republic of
those Member States ; whereas, in view of the currency             Senegal, of 8 000 tonnes of sorghum .
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                2.     The tendering procedure shall take place in
                                                                   France in one lot.
currency situation in the Member State in which the
customs export formalities will be completed ;
                                                                   3 . The product shall be mobilized on the Commu­
Whereas     the contract     should      be  awarded   to the      nity market.
tenderer offering the best terms ;
                                                                   4.     Shipment shall be from a Community port.
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question
within the set time limits, it must be made clear who              5. The product referred to in paragraph 1 is to be
is to bear any costs resulting therefrom ;                         delivered in new jute sacks of a net capacity of 50 kilo­
                                                                   grams to the port of shipment in the vicinity of the
Whereas provision should be made for security to be                vessel . The goods must be set down at the place nomi­
given to guarantee fulfilment of the obligations arising           nated by the recipient country or its agent, the timing
by virtue of participation in the invitation to tender ;           of delivery being settled by the tenderer and the recip­
                                                                   ient country's agent.
(!) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 158 , 29 . 6. 1977, p. 1 .                             (4 ) 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--- 19 . 11 . 77                        Official Journal of the European Communities                           No L 296/ 17
Minimum weight of the sacks shall be 600 grams. The                 State in which the invitation to tender is issued
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
'Sorgho/ Don de la Communaute economique euro­
                                                                    period immediately preceding the closing date for
peenne a la republique du Senegal.'                                 submission of tenders .
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                                       Article 4
sacks, of the same quality as those containing the
goods but with the printing followed by a capital             The contract shall be awarded to the tenderer offering
letter ' R'.                                                   the best terms, taking into consideration the adjust­
                                                               ment referred to in Article 3 (3).
                         Article 2                             However, if the tenders submitted do not appear to
                                                               reflect normal market prices and costs, the interven­
 1 . The decision on tenders received in response to           tion agency may cancel the invitation to tender.
 the invitation provided for in Article 1 shall be taken
on 2 December 1977.
                                                                                        Article 5
2.    The closing date for submission of tenders shall
be 2 December 1977 at 12 noon .                                If the tenderer is unable to deliver the goods in
                                                               compliance with Article 1 (5) on the date given in the
3.     The   notice of   invitation  to  tender shall  be      notice of invitation to tender as a result of the late
 published in the Official Journal of the European             availability of the vessels to be used for sea transporta­
 Communities not less than nine days before the                tion, the resulting costs shall be borne by the interven­
 closing date for submission of tenders.                       tion agency.
                         Article 3                                                      Article 6
 1 . The prices offered must be expressed in the                1 . The tenderer shall give security of a value of five
 currency of the Member State in which the invitation          units of account per tonne of goods.
 to tender was issued .                                        It shall be released :
 2. Tenders must in particular mention the Member              — in the case of all tenderers whose tenders are
 State in which the tenderer, in the event of his being             unsuccessful or are not accepted,
 declared successful, expects to complete the customs          — in the case of the successful tenderer, when the
 export formalities for the products concerned.                     operations concerned have been carried out within
                                                                     the prescribed time limit and on submission of
 3 . For the purpose of rendering the tenders compar­                the original export licence duly granted and
 able, the prices shall, where appropriate, be corrected            endorsed by the competent authorities of the
 by the monetary compensatory amount and the acces­                 Member State mentioned in the tender pursuant
 sion compensatory amount applicable on the closing                  to Article 3 (2),
 date for. submission of tenders to exports from the
 Member State mentioned in the tender pursuant to              — in the case of the successful tenderer for quantities
 paragraph 2.                                                        not supplied by reason of force majeure.
 Such correction shall be made by :                            2. The security required under paragraph 1 may be
                                                                provided in the form of a cash deposit or of a
 — increasing prices which mention a Member State              guarantee issued by a credit institution conforming to
     whose currency has depreciated or a new Member            criteria laid down by each Member State.
     State ,
 — reducing prices which mention a Member State                                         Article 7
     whose currency has been revalued .
                                                               The product referred to in Article 1 must be of fair
 The monetary compensatory amount shall, where                 and sound merchantable quality, be free from odour,
 appropriate, be converted into the currency of the            with a moisture content not exceeding 14% .
 Member State in which the invitation to tender is
 issued using :                                                 If the product does not meet these requirements it
                                                               shall be refused .
 — in the case when the currencies concerned are
     kept at any given moment within a band of                                          Article 8
     2-25 % , a conversion rate resulting from their
     central rate ,                                             1 . The French intervention agency shall be respon­
 — in the other cases, the average of the spot rates of         sible for organizing the invitation to tender provided
     the currencies concerned recorded in the Member            for by this Regulation .
 ---pagebreak--- No L 296/ 18                       Official Journal of the European Communities                              19 . 11 . 77
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                                     Article 9
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and              On delivery of the goods at the port of shipment, a
shall supply it with all the information which it may         handing-over certificate shall be supplied to the
require.                                                      successful tenderer, acting as agent for the Commu­
Furthermore, the amount of the successful tender              nity, by the agent of the recipient country, or, in the
shall be paid after it has been converted using the           absence of the latter, by the intervention agency of the
average of the spot rates referred to in the second           Member State in whose territory the port of shipment
                                                              is situated .
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 10
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, 18 November 1977 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President