CELEX: 31977R2547
Language: en
Date: 1977-11-18 00:00:00
Title: Commission Regulation (EEC) No 2547/77 of 18 November 1977 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Senegal

No L 296/ 10                           Official Journal of the European Communities                            19 . 11 . 77
                                   COMMISSION REGULATION (EEC) No 2547/77
                                                    of 18 November 1977
                opening an invitation to tender for the mobilization of maize as food aid for the
                                                     Republic of Senegal
 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
 Having regard to Council Regulation (EEC) No                      of the tenders submitted in response to the invitation
 2727/75 of 29 October 1975 on the common organiza­                and of those accepted by the intervention agency ;
 tion of the market in cereals ( !), as last amended by
 Regulation (EEC) No 1 386/77 (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 8 February 1977 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
 Senegal 4 000 tonnes of maize under its 1975/76 food­            Whereas the measures provided for in this Regulation
 aid programme ;                                                  are in accordance with the opinion of the Manage­
                                                                  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 ;
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
 may relate to products mobilized anywhere within                 way of Community food-aid action, to the Republic of
 those Member States ; whereas, in view of the currency           Senegal, of 4 000 tonnes of maize.
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
                                                                  France in one lot.
currency situation in the Member State in which the
customs export formalities will be completed ;
                                                                  3 . The product shall be mobilized on the Commu­
Whereas      the  contract   should     be  awarded   to  the     nity market.
tenderer offering the best terms ;
                                                                  4.      Shipment shall be from a Community port.
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question
within the set time limits, it must be made clear who             5. The product referred to in paragraph 1 is to be
is to bear any costs resulting therefrom ;                        delivered in new jute sacks of a net capacity of 50 kilo­
                                                                  grams to the port of shipment in the vicinity of the
Whereas provision should be made for security to be               vessel . The goods must be set down at the place nomi­
given to guarantee fulfilment of the obligations arising          nated by the recipient country or its agent, the timing
by virtue of participation in the invitation to tender ;          of delivery being settled by the tenderer and the recip­
                                                                  ient country's agent.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 158 , 29 . 6 . 1977, p. 1 .                           (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--- 19 . 11 . 77                       Official Journal of the European Communities                          No L 296/ 11
Minimum weight of the sacks shall be 600 grams. The                during a period from the Wednesday of one week
following shall be printed on the sacks :                          to the Tuesday of the following week being the
'Mais — Don de la Communaute economique euro­
                                                                   period immediately preceding the closing date for
                                                                   submission of tenders.
peenne a la Republique du Senegal.'
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).
                                                              However, if the tenders submitted do not appear to
                         Article 2                            reflect normal market prices and costs, the interven­
                                                              tion agency may cancel the invitation to tender.
 1 . The decision on tenders received in response to
 the invitation provided for in Article 1 shall be taken
 on 2 December 1977.                                                                   Article 5
 2.    The closing date for submission of tenders shall       If the tenderer is unable to deliver the goods in
 be 2 December 1977 at 12 noon .                              compliance with Article 1 (5) on the date given in the
                                                              notice of invitation to tender as a result of the late
 3.    The   notice of invitation   to tender shall be        availability of the vessels to be used for sea transporta­
 published in the Official Journal of the European            tion, the resulting costs shall be borne by the interven­
 Communities not less than nine days before the               tion agency.
 closing date for submission of tenders.
                                                                                       Article 6
                         Article 3
                                                               1 . The tenderer shall give security of a value of five
 1 . The prices offered must be expressed in the              units of account per tonne of goods.
 currency of the Member State in which the invitatio.n
 to tender was issued .                                        It shall be released :
                                                              — in the case of all tenderers whose tenders are
 2. Tenders must in particular mention the Member
 State in which the tenderer, in the event of his being             unsuccessful or are not accepted,
 declared successful, expects to complete the customs         — in the case of the successful tenderer, when the
 export formalities for the products concerned.                     operations concerned have been carried out within
                                                                    the prescribed time limit and on submission of
 3 . For the purpose of rendering the tenders compar­               the original export licence duly granted and
 able, the prices shall, where appropriate, be corrected            endorsed by the competent authorities of the
 by the monetary compensatory amount and the acces­                 Member State mentioned in the tender pursuant
 sion compensatory amount applicable on the closing                 to Article 3 (2),
 date for submission of tenders to exports from the            — in the case of the successful tenderer for quantities
 Member State mentioned in the tender pursuant to                   not supplied by reason of force majeure.
  paragraph 2.
                                                               2. The security required under paragraph 1 may be
  Such correction shall be made by :                           provided in the form of a cash deposit or of a
 — increasing prices which mention a Member State              guarantee issued by a credit institution conforming to
      whose currency has depreciated or a new Member           criteria laid down by each Member State.
      State,
  — reducing prices which mention a Member State                                       Article 7
      whose currency has been revalued.
                                                               The    product referred to in Article 1 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.
  issued using :
                                                               If the product does not meet these requirements it
  — in the case when the currencies concerned are              shall be refused .
      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 French intervention agency shall be respon
      the currencies concerned recorded in the Member          sible for organizing the invitation to tender provide<
      State in which the invitation to tender is issued         for by this Regulation .
 ---pagebreak--- No L 296/ 12                       Official Journal of the European Communities                              19 . 11 . 77
2.     It shall forthwith communicate to the Commis­          (a) after each shipment a certificate showing the quan­
sion the list of firms which have responded to the invi­          tities dispatched and the quality of the products ;
tation to tender, specifying the terms of each tender,        (b) the date of departure of the vessels.
together with the name and business name of the
successful tenderer.                                          The information indicated above shall be forwarded
                                                              by the intervention agency to the Commission imme­
3 . Where the customs export formalities for the              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 this case, the intervention agency choosing the                                     Article 9
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and              On delivery of the goods at the port of shipment, a
shall supply it with all the information which it may         handing-over certificate shall be supplied to the
require.                                                      successful tenderer, acting as agent for the Commu­
Furthermore, the amount of the successful tender              nity, by the agent of the recipient country, or, in the
shall be paid after it has been converted using the           absence of the latter, by the intervention agency of the
average of the spot rates referred to in the second           Member State in whose territory the port of shipment
                                                              is situated .
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 10
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, 18 November 1977.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President