CELEX: 31978R0274
Language: en
Date: 1978-02-10 00:00:00
Title: Commission Regulation (EEC) No 274/78 of 10 February 1978 opening an invitation to tender for the mobilization of durum wheat as food aid for the League of Red Cross Societies

11 . 2. 78                              Official Journal of the European Communities                          No L 41 / 5
                                     COMMISSION REGULATION (EEC) 274/78
                                                     of 10 February 1978
              opening an invitation to tender for the mobilization of durum wheat as food aid
                                           for the League of Red Cross Societies
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
                                                                   of the tenders submitted in response to the invitation
Having regard to Council Regulation (EEC) No                       and of those accepted by the intervention agency ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ( l), as last amended by             Whereas the Monetary Committee will be consulted ;
Regulation (EEC) No 2560/77 (2),                                   whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
Having regard to Council Regulation (EEC) No                       tions laid down in Article 3 (2) of Council Regulation
2750/75 of 29 October 1975 laying down the condi­                  No 129 on the value of the unit of account and the
tions for the mobilization of cereals as food aid (3), and         exchange rates to be applied for the purposes of the
in particular Article 6 thereof,                                   common agricultural policy (4), as last amended by
                                                                   Regulation (EEC) No 2543/73 (5), and in particular
Whereas on 8 February 1977 the Council of the Euro­                Article 3 thereof ;
pean Communities declared that by way of Commu­
nity action it proposed to grant the League of Red                 Whereas the measures provided for in this Regulation
Cross Societies 500 tonnes of durum wheat under its                are in accordance with the opinion of the Manage­
1976/77 food-aid programme ;                                       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 ;                                 HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products delivered La Goulette that                                     Article 1
is at the moment when the goods are actually placed
on the dock or in the lighter where applicable ;                    1 . Tenders are hereby invited for the supply, by
                                                                   way of Community food-aid action, to the League of
Whereas tenders may be submitted by tenderers esta­                Red Cross Societies, of 500 tonnes of durum wheat,
blished in any Member State of the Community and
may relate to products mobilized anywhere within                   2. The tendering procedure shall take place in
those Member States ; whereas, in view of the currency             France in one lot. The product shall be mobilized on
situation in the Member States and in order to ensure              the Community market. The product shall be loaded
that the tenders are as comparable as possible, account            for departure from any Community port.
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 delivered La
                                                                   Goulette, that is at the moment when the goods are
Whereas the contract should be awarded to the                      actually placed on the dock or in the lighter where
tenderer offering the best terms ;                                 applicable.
Whereas in case it should be impossible for reasons of             4. The successful tenderer shall deliver the product
force majeure to complete the operation in question                specified in paragraph 1 in new jute sacks of a net
within the set time limits, it must be made clear who              capacity of 50 kilograms.
is to bear any costs resulting therefrom ;
                                                                   Minimum weight of the sacks shall be 600 grams.
Whereas provision should be made for security to be
given to guarantee fulfilment of the obligations arising           On the sacks shall be printed a red crescent 15 cm
by virtue of participation in the invitation to tender ;           high with the points facing to the left as well as the
                                                                   following :
(») OJ No L 281 , 1 . 11 . 1975, p. 1 .
I2) 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.                            (s) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 41 /6                         Official Journal of the European Communities                             11 . 2. 78
'Blé dur — Don de la Communauté économique euro­                  to the Tuesday of the following week being the
péenne — Action de la Ligue des Sociétés de la Croix              period immediately preceding the closing date for
Rouge — À distribuer gratuiement'.                                submission of tenders.
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).
                        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 24 February 1978 .                                                                  Article 5
2.    The closing date for submission of tenders shall        1 . The tenderer shall give security of a value of five
be 24 February 1978 at 12 noon .                              units of account per tonne of goods.
                                                              It shall be released :
3.    The     notice of invitation  to  tender shall  be
                                                             — in the case of all tenderers whose tenders are
published in the Official Journal of the European
Communities not less than nine days before the                    unsuccessful or are not accepted,
closing date for submission of tenders.                      — in the case of the successful tenderer, when the
                                                                  operations concerned have been carried out within
                        Article 3                                 the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
1 . The prices offered must be expressed in the                   endorsed by the competent authorities of the
currency of the Member State in which the invitation              Member State mentioned in the tender pursuant
to tender was issued .                                            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          2. The security required under paragraph 1 may be
export formalities for the products concerned.                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, where appropriate, be corrected       criteria laid down by oach Member State.
by the monetary compensatory amount and the acces­
sion compensatory amount applicable on the closing                                     Article 6
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to             The product referred to in Article 1 must be of fair
paragraph 2.                                                  and sound merchantable quality, be free from odour,
                                                              and correspond at least to the standard quality for
Such correction shall be made by :                            which the intervention price is fixed.
— increasing prices which mention a Member State
                                                                                       Article 7
    whose currency has depreciated or a new Member
    State ,
                                                              1 . The French intervention agency shall be respon­
— reducing prices which mention a Member State                sible for organizing the invitation to tender provided
    whose currency has been revalued .                        for by this Regulation .
The monetary compensatory amount shall, where                 2.     It shall forthwith communicate to the Commis­
appropriate, be converted into the currency of the            sion the list of firms which have responded to the invi­
Member State in which the invitation to tender is             tation to tender, specifying the terms of each tender,
issued using :                                                together with the name and business name of the
                                                              successful tenderer.
— in the case when the currencies concerned are
    kept at any given moment within a band of                 3 . Where the customs export formalities for the
    2-25 % , a conversion rate resulting from their           mobilized product are completed in a Member State
    central rate,                                             other than that in which the invitation to tender is
— in the other cases, the average of the spot rates of        issued, the intervention agency of the latter Member
    the currencies concerned recorded in the Member           State shall be responsible for the operations following
    State in which the invitation to tender is issued         tendering, including payment to the successful
    during a period from the Wednesday of one week            tenderer.
 ---pagebreak--- 11 . 2. 78                          Official Journal of the European Communities                            No L 41 /7
In this case, the intervention agency choosing the            5. When the -intervention agency responsible for
successful tenderer shall immediately inform the inter­       the operations relating to tendering is not the interven­
vention agency of the Member State concerned and              tion agency which appoints the successful tenderer, it
shall supply it with all the information which it may         shall send as soon as possible to the latter the informa­
require.                                                      tion necessary for releasing the security.
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                   Article 8
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations          As regards this tender, the intervention agency is auth­
relating to the tendering are completed.                      orized to make an initial payment of 80 % of the
                                                              value of the quantity given in the bill of lading, on
4. The intervention agency shall request the                  presentation of that document and subject to the
successful tenderer to supply the following informa­          taking of a security for an amount equal to the initial
tion :                                                        payment.
(a) after each shipment, a certificate showing the quan­
     tities dispatched and the quality of the products ;
                                                                                      Article 9
(b) the date of departure of the vessels.
The information indicated above shall be forwarded            This Regulation shall enter into force on the day of its
by the intervention agency to the Commission imme­            publication in the Official Journal of the European
diately upon receipt.                                          Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
                Done at Brussels, 10 February 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President