CELEX: 31979R2476
Language: en
Date: 1979-11-09 00:00:00
Title: Commission Regulation (EEC) No 2476/79 of 9 November 1979 opening an invitation to tender for the mobilization of maize meal as food aid for the United Nations High Commissioner for Refugees

10 . 11 . 79                              Official Journal of the European Communities                       No L 281 / 19
                                      COMMISSION REGULATION ( EEC) No 2476/79
                                                         of 9 November 1979
                 opening an invitation to tender for the mobilization of maize meal as food aid
                                 for the United Nations High Commissioner for Refugees
 THE COMMISSION OF THE EUROPEAN                                       Whereas the award under the invitation to tender
 COMMUNITIES,                                                         must be made to the tenderer offering the best terms ;
 Having regard to the Treaty establishing the European                Whereas, should force majeure make it impossible to
 Economic Community,                                                  complete the operation in question within the time
                                                                      limits specified, it must be made clear who is to bear
 Having regard to Council Regulation (EEC) No                         the liability for any resulting costs ;
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals ('), as last amended by
 Regulation ( EEC) No 1 547/79 (2),                                   Whereas provision should be made for security to be
                                                                      given for the purpose of guaranteeing that the obliga­
 Having regard to Council Regulation (EEC) No                         tions arising by virtue of participation in the invita­
                                                                      tion to tender will be fulfilled ;
 2750/75 of 29 October 1975 laying down the condi­
 tions for the mobilization of cereals as food aid (3), and
 in particular Article 6 thereof,                                     Whereas the Italian intervention agency should be
                                                                      made responsible for the tendering procedure ;
 Having regard to Council Regulation No 129 on the
 value of the unit of account and the exchange rates to               Whereas the Commission must be informed quickly
 be applied for the purposes of the common agricul­                   of the tenders submitted in response to the invitation
 tural policy (4), as last amended by Regulation (EEC)                and of those accepted by the intervention agency ;
 No 2543/73 (5), and in particular Article 3 thereof,
 Having regard to the opinion of the Monetary                         Whereas the measures provided for in this Regulation
 Committee,                                                           are in accordance with the opinion of the Manage­
                                                                      ment Committee for Cereals,
 Whereas on 8 May 1979 the Council of the European
 Communities declared that it proposed, by way of
 Community action , to grant 1 389 tonnes of maize
 meal to the United Nations High Commissioner for
                                                                      HAS ADOPTED THIS REGULATION :
 Refugees under its 1978 /79 food-aid programme ;
 Whereas pursuant to Article 3 (3) of Council Regula­
 tion ( EEC) No 2750 /75 the goods may be purchased                                           Article 1
 anywhere on the Community market ;
Whereas the proposed invitation to tender should be                    1 . Tenders are hereby invited for the supply to the
 for supply of the products on the quay or in the                     United Nations High Commissioner for Refugees, by
 lighter where applicable at the port of unloading ;                  way of Community action , of 1 389 tonnes of maize
                                                                      meal .
Whereas tenders may be submitted by tenderers esta­
 blished in any Member State of the Community and                     2. The tendering procedure shall take place in Italy
 may relate to products mobilized anywhere within                     in one lot. The product shall be mobilized on the
 those Member States ; whereas, in view of the currency               Community market. The product shall be loaded for
situation in the Member States and in order to ensure                 departure from any Community port.
 that the tenders are as comparable as possible, account
 should be taken of the effect on each tender of the
 currency situation in the Member State in which the                  3. The invitation to tender provided for in para­
customs export formalities will be completed ;                        graph 1 is for supply of products on the quay or in
                                                                      the lighter where applicable, in the port of Beira.
(')  OJ  No   L 281 , 1 . 11 . 1975, p. 1 .
(J)  OJ  No   L 188 , 26. 7. 1979, p. 1 .
(3)  OJ  No   L 281 , 1 . 11 . 1975, p. 89 .                          4. The successful tenderer shall deliver the product
(4)  OJ  No   106, 30 . 10 . 1962, p. 2553/62.                        specified in paragraph 1 in new jute sacks lined with
(5)  OJ  No   L 263 , 19 . 9 . 1973, p. 1 .                           cotton sacks of a net capacity of 50 kilograms.
 ---pagebreak--- No L 281 /20                       Official Journal of the European Communities                           10 . 11 . 79
Minimum weight of the sacks shall be 600 grams.                   2-25 % , a conversion rate resulting from their
                                                                 central rate,
The following shall be printed on the sacks :                — in the other cases, the average of the spot rates of
                                                                 the currencies concerned recorded in the Member
'Maize meal / Gift of the European Economic                      State in which the invitation to tender is issued
Community / For free distribution / UNHCR assis­
tance for Zimbabwean refugees / Beira'.                          during a period from the Wednesday of one week
                                                                 to the Tuesday of the following week, being the
                                                                  period immediately preceding the closing date for
To 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
letter ' R '.                                                                       Article 4
                                                             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 23 November 1979 .                                        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 23 November 1979 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 in an amount of
Communities not later than nine days before the               12 ECU per tonne of the products.
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             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
3.    For the purpose of rendering the tenders compar­           not supplied by reason of force majeure.
able, the prices shall be corrected by the monetary
compensatory amount applicable on the closing date           2. The security required under paragraph 1 may be
for submission of tenders to exports from the Member         provided in the form of a cash deposit or of a
State mentioned in the tender pursuant to paragraph          guarantee issued by a credit institution conforming to
2. Such correction shall be made by :                        criteria laid down by each Member State .
— increasing prices which mention a Member State
    whose currency has depreciated,                                                 Article 6
— reducing prices which mention a Member State
    whose currency has been revalued .                       The product referred to in Article 1 must meet the
                                                             following requirements :
The monetary compensatory amount shall , where
appropriate, be converted into the currency of the           — moisture content : 1 2 % maximum,
Member State in which the invitation to tender is
                                                             — acidity : 0-6 % maximum .
issued using :
— in the case when the currencies concerned are              Products not meeting these requirements shall be
    kept at any given moment within a band of                refused .
 ---pagebreak--- 10 . 11 . 79                       Official Journal of the European Communities                          No L 281 /21
                         Article 7                            (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
1 . The Italian intervention agency shall be respon­              and the type of packing ;
sible for organizing the invitation to tender provided
for by this Regulation .                                      (b) the date of the departure of the ships, the esti­
                                                                  mated date of arrival of the products at their desti­
2.     It shall forthwith communicate to the Commis­              nation ;
sion the list of firms which have responded to the invi­      (c) all possible contingencies which might occur
tation to tender, specifying the terms of each tender,            during transportation of the products.
together with the name and business name of the
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
                                                              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 such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­                               Artie e 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
Furthremore, 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, 9 November 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President