CELEX: 31978R1023
Language: en
Date: 1978-05-19
Title: Commission Regulation (EEC) No 1023/78 of 19 May 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Lebanon

20 . 5. 78                              Official Journal of the European Communities                        No L 132/45
                                  COMMISSION REGULATION (EEC) No 1023/78
                                                         of 19 May 1978
              opening an invitation to tender for the mobilization of common wheat as food
                                              aid for the Republic of Lebanon
THE COMMISSION OF THE EUROPEAN                                    Whereas the Belgian intervention agency should be
COMMUNITIES,                                                       made responsible for organizing the invitation to
                                                                   tender ;
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 ('), as last amended by
Regulation (EEC) No 709/78 (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 30 January 1978 the Council of the Euro­                Regulation (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
Lebanon 8 000 tonnes of common wheat under its
                                                                   Whereas the measures provided for in this Regulation
1977/78 food-aid programme ;                                       are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
Whereas pursuant to Article 3 ( 1 ) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
on the Belgian 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 way
may relate to products mobilized anywhere within                   of Community food-aid action to the Republic of
those Member States ; whereas, in view of the currency             Lebanon of 8 000 tonnes of common wheat.
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 the
currency situation in the Member State in which the                Kingdom of Belgium and shall be in respect of a
customs export formalities will be completed ;                     single lot.
Whereas     the  contract should        be awarded     to  the     3.    The product shall be mobilized on the Belgian
tenderer offering the best terms ;                                 market.
Whereas in case it should be impossible for reasons of             4.    Shipment shall be from Antwerp.
force majeure to complete the operation in question
within the set time limits, it must be made clear who
is to bear any costs resulting therefrom ;                         5. The product referred to in paragraph 1 is to be
                                                                   delivered in bulk to the port of shipment in the
Whereas provision should be made for security to be                vicinity of the vessel . The goods must be set down at
given to guarantee fulfilment of the obligations arising           the place nominated by the recipient country or its
by virtue of participation in the invitation to tender ;           agent, the timing of delivery being settled by the
                                                                   tenderer and the recipient country's agent.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 94, 8 . 4. 1978, p. 9.                                 (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--- No L 132/46                        Official Journal of the European Communities                               20 . 5 . 78
                        Article 2                                                      Article 5
 1.    The decision on tenders received in response to       If the tenderer is unable to deliver the goods in
the invitation provided for in Article 1 shall be taken      compliance with Article 1 (3) on the date given in the
on 2 June 1978 .                                             notice of invitation to tender as a result of the late
                                                             availability of the vessels to be used for sea transporta­
2.     The closing date for submission of tenders shall      tion , the resulting costs shall be borne by the interven­
be 2 June 1978 at 12 noon .
                                                             tion agency.
3.     The   notice of  invitation  to  tender  shall be
published in the Official Journal of the European                                      Article 6
 Communities not less than nine days before the
closing date for submission of tenders.                       1 . The tenderer shall give security of a value of five
                                                             units of account per tonne of goods.
                        Article 3
                                                             It shall be released :
 1 . The prices offered must be expressed in the             — in the case of all tenderers whose tenders are
currency of the Member State in which the invitation
to tender was issued .                                            unsuccessful or are not accepted.
                                                             — in the case of the successful tenderer, when the
2.     Tenders must in particular mention the Member              operations concerned have been carried out within
State in which the tenderer, in the event of his being            the prescribed time limit and on submission of
declared succesful, expects to complete the customs               the original export licence duly granted and
export formalities for the products concerned.                    endorsed by the competent authorities of the
3.     For the purpose of rendering the tenders compar­           Member State mentioned in the tender pursuant
                                                                  to Article 3 (2),
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount applicable on            — in the case of the successful tenderer for quantities
the closing date for submission of tenders to exports             not supplied by reason of force majeure.
from    the Member State     mentioned    in  the tender
pursuant to paragraph 2.
                                                             2. The security required under paragraph 4 may be
                                                             provided in the form of a cash deposit or of a
Such correction shall be made by :                           guarantee issued by a credit institution conforming to
                                                             criteria laid down by each Member State.
— increasing prices which mention a Member State
     whose currency has depreciated or a new Member
     State,                                                                            Article 7
— reducing prices which mention a Member State               The common wheat referred to in Article 1 to be
     whose currency has been revalued .                      supplied to the Republic of Lebanon must be of fair
The monetary compensatory amount shall, where                and sound merchantable quality and correspond at
appropriate, be converted into the currency of the           least to the standard quality for which the interven­
Member State in which the invitation to tender is            tion price is fixed, except that the moisture content
                                                             shall not exceed 1 5-5 % and that a maximum of 3 %
issued using :
                                                             of sprouted grains and 1 -5 % of miscellaneous impuri­
— in the case when the currencies concerned are              ties shall be allowed .
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their
                                                                                       Article 8
     central rate ,
— in the other cases, the average of the spot rates of       1 . The Belgian intervention agency shall be respon­
     the currencies concerned recorded in the Member         sible for operations relating to the invitations to
     State in which the invitation to tender is issued       tender provided for by this Regulation .
     during a period from the Wednesday of one week
     to the Tuesday of the following week being the          2.     It shall forthwith communicate to the Commis­
     period immediately preceding the closing date for       sion the list of firms which have responded to the invi­
     submission of tenders .                                 tation to tender, specifying the terms of each tender,
                                                             together with the name and business name of the
                                                             successful tenderer.
                        Article 4
The contract shall be awarded to the tenderer offering       3 . Where the customs export formalities for the
the best terms, taking into consideration the adjust­        mobilized product are completed in a Member State
                                                             other than that in which the invitation to tender is
ment referred to in Article 3 (3).
                                                             issued, the intervention agency of the latter Member
However, if the tenders submitted do not appear to           State shall be responsible for the operations following
reflect normal market prices and costs, the interven­        tendering, including payment to the successful
tion agency may cancel the invitation to tender.             tenderer.
 ---pagebreak--- 20 . 5 . 78                        Official Journal of the European Communities                          No L 132/47
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 9
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the          On delivery of the goods at the port of shipment a
currency of the Member State in which the operations          handing-over certificate shall be supplied to the
relating to the tendering are completed.                      successful tenderer, acting as agent for the Commu­
                                                              nity, by the agent of the recipient country, or, in the
4. The intervention agency shall request the
                                                              absence of the latter, by the intervention agency of the
successful tenderer to supply the following informa­
tion :
                                                              Member State in whose territory the port of shipment
                                                              is situated .
(a) after each shipment a certificate showing the quan­
     tities dispatched and the quality of the products ;
                                                                                      Article 10
(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, 19 May 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President