CELEX: 31978R2961
Language: en
Date: 1978-12-15 00:00:00
Title: Commission Regulation (EEC) No 2961/78 of 15 December 1978 opening a new invitation to tender for the mobilization of common wheat as food aid for Zambia

No L 352/20                               Official Journal of the European Communities                              16. 12. 78
                                      COMMISSION REGULATION (EEC) No 2961 /78
                                                        of 15 December 1978
               opening a new invitation to tender (or the mobilization of common wheat as
                                                        food aid for Zambia
 THE COMMISSION OF THE EUROPEAN                                       that the tenders are as comparable as possible, account
 COMMUNITIES,                                                         should be taken of the effect on each tender of the
                                                                      currency situation in the Member State in which the
 Having regard to the Treaty establishing the European                customs export formalities will be completed ;
 Economic Community,
                                                                      Whereas    the  contract   should    be  awarded   to  the
                                                                      tenderer offering the best terms ;
 Having regard to Council Regulation (EEC) No
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals ('), as last amended by               Whereas provision should be made for security to be
 Regulation (EEC) No 1 254/78 (2),                                   given to guarantee fulfilment of the obligations arising
                                                                     by virtue of participation in the invitation to tender ;
 Having regard to Council Regulation (EEC) No                        Whereas the Belgian intervention agency should be
 2750/75 of 29 October 1975 laying down the condi­                    made responsible for the tendering procedure ;
 tions for the mobilization of cereals as food aid (3), and
 in particular Article 6 thereof,
                                                                     Whereas the Commission must be informed quickly
                                                                     of the tenders submitted in response to the invitation
 Whereas on 25 March 1976 the Council of the Euro­
                                                                     and of those accepted by the intervention agency ;
 pean Communities declared that it proposed, by way
 of Community action, to grant 1 500 tonnes of
 common wheat to Zambia under its 1975/76 food-aid                   Whereas the Monetary Committee will be consulted ;
                                                                     whereas, in view of the urgency, the measures envis­
 programme ;
                                                                     aged should be adopted in accordance with the condi­
                                                                     tions laid down in Article 3 (2) of Council Regulation
 Whereas pursuant to Article 3 (3) of Council Regula­                No 129 on the value of the unit of account and the
 tion (EEC) No 2750/75 the goods may be purchased                    exchange rates to be applied for the purposes of the
 anywhere on the Community market ;                                  common agricultural policy (5), as last amended by
                                                                     Regulation (EEC) No 2543/73 (6), and in particular
                                                                     Article 3 thereof ;
Whereas it has not been possible to deliver under the
 conditions laid down in Commission Regulation
 (EEC) No 2269/76 of 17 September 1976 opening an                    Whereas the measures provided for in this Regulation
 invitation to tender for the mobilization of common                 are in accordance with the opinion of the Manage­
wheat as food aid for Zambia (4) the 1 500 tonnes of                 ment Committee for Cereals,
 common wheat referred to in the Regulation ; whereas
 in order to meet the Community's commitments to
 Zambia a fresh invitation to tender for the delivery of
 the   same   amount       of  common        wheat    should  be
                                                                     HAS ADOPTED THIS REGULATION :
 opened ;
Whereas the proposed invitation to tender should be                                           Article 1
 for supply of the products to the dock or in the
 lighter where applicable at the port of unloading ;
                                                                      1.   Tenders are hereby invited for the supply, by
                                                                     way of Community food-aid action to Zambia, of
Whereas tenders may be submitted by tenderers esta­                  1 500 tonnes of common wheat.
blished in any Member State of the Community and
 may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency               2. The tendering         procedure shall take place in
situation in the Member States and in order to ensure                Belgium in one lot.     The product shall be mobilized
                                                                     on the Community        market. The products shall be
(») OJ  No  L 281 , 1 . 11 . 1975,  p. 1.                            loaded for departure    from any Community port.
(2) OJ  No  L 156,  14. 6.   1978 , p. 1.
(3) OJ  No  L 281 , 1 . 11 . 1975,  p. 89 .                          (5) OJ No 106, 30 . 10. 1962, p. 2553/62.
 4) OJ  No  L 255,  18 . 9 . 1976,  p. 11 .                          (') OJ No L 263, 19 . 9. 1973, p. 1 .
 ---pagebreak--- 16 . 12 . 78                        Official Journal of the European Communities                         No L 352/ 21
3 . The invitation to tender provided for in para­             However, if the tenders submitted do not appear to
graph 1 is for supply of products to the dock, or in           reflect normal market prices and costs, the interven­
the lighter where applicable in the port of Dar es             tion agency may cancel the invitation to tender.
Salaam .
4.     The product shall be delivered in bulk.                                          Article 5
                         Article 2                             1 . The tenderer shall give security in an amount of
                                                               five units of account per tonne of goods.
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken        It shall be released :
on 4 January 1979 .                                           — in the case of all tenderers whose tenders are
2. The closing date for the submission of tenders                   unsuccessful or are not accepted,
shall be 4 January 1979 at 12 noon .                          — in the case of the successful tenderer, when the
3.     The   notice of   invitation  to  tender  shall be           operations concerned have been carried out within
published in the Official Journal of the European                   the prescribed time limit and on submission of
Communities not less than nine days before the                      the original export licence duly granted and
closing date for the submission of tenders.                         endorsed by the competent authorities of the
                                                                    Member State mentioned in the tender pursuant
                         Article 3                                  to Article 3 (2),
1 . The prices offered must be expressed in the                — in the case of the successful tenderer for quantities
currency of the Member State in which the invitation                not supplied by reason of force majeure.
to tender was issued .
                                                               2. The security required under paragraph 1 may be
2. Tenders must in particular mention the Member               provided in the form of a cash deposit or of a
State in which the tenderer, in the event of his being         guarantee issued by a credit institution conforming to
declared successful, expects to complete the customs           criteria laid down by each Member State.
export formalities for the products concerned.
3.     For the purpose of rendering the tenders compar­                                 Article 6
able, the prices shall , where appropriate, be corrected
by the monetary compensatory amount applicable on              The    product referred to in Article 1 must be of fair
the closing date for submission of tenders to exports          and    sound merchantable quality and correspond at
from    the Member State      mentioned     in the tender      least   to the standard quality for which the interven­
pursuant to paragraph 2.                                       tion   price is fixed, except that the moisture content
                                                               shall not exceed 1 4-5 % and that a maximum of 3 %
Such correction shall be made by :
                                                               of sprouted grains and 1 -5 % of miscellaneous impuri­
— increasing prices which mention a Member State               ties shall be allowed .
     whose currency has depreciated or a new Member
     State ,                                                                            Article 7
— reducing prices which mention a Member State
     whose currency has been revalued .                         1 . The Belgian intervention agency shall be respon­
The monetary compensatory amount shall, where                  sible for the operations relating to the invitation to
appropriate, be converted into the currency of the             tender provided for by this Regulation .
Member State in which the invitation to tender is              2.     It shall forthwith communicate to the Commis­
 issued using :                                                sion the list of firms which have responded to the invi­
— in the case when the currencies concerned are                tation to tender, specifying the terms of each tender,
     kept at any given moment within a band of                 together with the name and business name of the
     2-25 % , a conversion rate resulting from their           successful tenderer.
     central rate,
— in the other cases, the average of the spot rates of          3 . Where the customs export formalities for the
     the currencies concerned recorded in the Member            mobilized product are completed in a Member State
                                                               other than that in which the invitation to tender is
     State in which the invitation to tender is issued
     during a period from the Wednesday of one week             issued, the intervention agency of the latter Member
     to the Tuesday of the following week, being the            State shall be responsible for the operations following
     period immediately preceding the closing date for          tendering, including payment to the successful
                                                                tenderer.
     submission of tenders .
                         Article 4
                                                                In such case, the intervention agency choosing the
                                                                successful tenderer shall immediately inform the inter­
 The contract shall be awarded to the tenderer offering         vention agency of the Member State concerned and
 the best terms, taking into consideration the adjust­          shall supply it with all the information which it may
 ment referred to in Article 3 (3).                             require .
 ---pagebreak--- No L 352/22                        Official Journal of the European Communities                             16. 12. 78
Furthermore, the amount of the successful tender             5. When the intervention agency responsible for
shall be paid, after it has been converted using the         the operations relating to tendering is not the interven­
average of the spot rates referred to in the third subpa­    tion agency which appoints the successful tenderer, it
ragraph of Article 3 (3), to the tenderer in the             shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security.
relating to the tendering are completed.
                                                                                     Article 8
4. The intervention agency shall ask that the
tenderer specifies the following information :               As regards this tender the intervention agency is auth­
(a) after shipment, a statement giving details of the        orized to make an initial payment of 80 % of the
    quantities loaded, the quality of the products and       value of the quantity given in the bill of lading, on
    their packaging ;                                        presentation of that document and subject to the
(b) the date of the departure of the ships, the expected     taking of a security for an amount equal to the initial
    date of arrival of the products at their destination ;   payment.
(c) all possible contingencies which might occur
    during transportation of the products.                                           Article 9
The intervention agency shall transmit the informa­          This Regulation shall enter into force on the day of its
tion provided for to the Commission as soon as it is         publication in the Official Journal of the European
received .                                                    Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 15 December 1978 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President