CELEX: 31979R1530
Language: en
Date: 1979-07-20 00:00:00
Title: Commission Regulation (EEC) No 1530/79 of 20 July 1979 opening an invitation to tender for the mobilization of maize meal as food aid for the Comoros

No L 186/ 10                           Official Journal of the European Communities                            24 . 7 . 79
                                    COMMISSION REGULATION (EEC) No 1530/79
                                                         of 20 July 1979
               opening an invitation to tender (or the mobilization of maize meal as food aid
                                                        for the Comoros
  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            Whereas provision should be made for security to be
 Regulation (EEC) No 1 254/78 (2),                                 given for the purpose of guaranteeing that the obliga­
                                                                   tions arising by virtue of participation in the invita­
  Having regard to Council Regulation (EEC) No                     tion to tender for supplies to the Comoros will be
 2750/75 of 29 October 1975 laying down the condi­                 fulfilled ;
 tions for the mobilization of cereals as food aid (3), and
 in particular Article 6 thereof,                                  Whereas the French 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,
                                                                   Whereas the measures provided for in this Regulation
 Having regard to the opinion of the Monetary
 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 200 tonnes of maize meal
 to    the   Comoros       under     its   1978 /79   food-aid     HAS ADOPTED THIS REGULATION :
 programme ;
 Whereas pursuant to Article 3 (3) of Council Regula­                                     Article 1
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;                                1.     Tenders are hereby invited for the supply to the
                                                                   Comoros, by way of Community food-aid action, of
 Whereas the proposed invitation to tender should be               200 tonnes of maize meal .
 for supply of the products to the dock or in the
 lighter where ap >licable at the port of unloading ;              2. The tendering procedure shall take place in
                                                                   France in one lot. The products shall be mobilized on
 Whereas tenders may be submitted by tenderers esta­               the Community market. The products shall be loaded
 blished in any Member State of the Community and                  for departure from Sete .
 may relate to products mobilized anywhere within
 those Member States ; whereas, in view of the currency
 situation in the Member States and in order to ensure             3 . The invitation to tender provided for in para­
 that the tenders are as comparable as possible, account           graph 1 is for supply of products to the dock, or
 should be taken of the effect on each tender of the               lighter where applicable, in the ports of :
 currency situation in the Member State in which the
                                                                   — Moroni ( 100 tonnes), and
 customs export formalities will be completed ;
                                                                   — Mutsamudu ( 100 tonnes).
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
I2) OJ No L 156, 14. 6. 1978, p. 1 .                               4. The successful tenderer shall deliver the product
(J) OJ No L 281 , 1 . 11 . 1975, p. 89 .
(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. I.                            cotton sacks of a net capacity of 50 kilograms.
 ---pagebreak--- 24. 7. 79                         Official Journal of the European Communities                        No L 186/ 11
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
 Semoules de maïs / Don de la Communauté écono­                 State in which the invitation to tender is issued
mique européenne aux Comores'.                                  during a period from the Wednesday of one week
                                                                 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
successful tenderer shall supply 2 % of new empty               submission of tenders.
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 3 August 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 3 August 1979, at 12 noon .
                                                                                   Article 5
3.    The   notice of  invitation to   tender shall  be
published in the Official Journal of the European
Communities not later than nine days before the             1 . The tenderer shall give security in an amount of
closing date for submission of tenders.                     12 ECU per tonne of the products.
                                                            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
currency of the Member State in which the invitation        — in the case of the successful tenderer, when the
to tender was issued .                                           operations concerned have been carried out within
                                                                 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
issued using :                                              — acidity : 0-6 % maximum .
— 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--- No L 186/ 12                       Official Journal of the European Communities                               24 . 7 . 79
                         Article 7                            (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
1 . The French 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
tation to tender, specifying the terms of each tender,        (c) all possible contingencies which might occur
together with the name and business name of the                   during transportation of the products.
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
mobilized product are completed in a Member State             diately upon receipt.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member          5. When the intervention agency responsible for
State shall be responsible for the operations following       the operations relating to tendering is not the interven­
tendering, including payment to the successful                tion agency which appoints the successful tenderer, it
tenderer.                                                     shall send as soon as possible to the latter the informa­
                                                              tion necessary for releasing the security.
In such 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
Furthermore, the amount of the successful tender
                                                              value of the quantity given in the bill of lading, on
                                                              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, 20 July 1979.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President