CELEX: 31978R1383
Language: en
Date: 1978-06-23 00:00:00
Title: Commission Regulation (EEC) No 1383/78 of 23 June 1978 opening an invitation to tender for the mobilization of durum wheat as food aid for the People's Republic of Mozambique

24. 6 . 78                              Official Journal of the European Communities                         No L 167/23
                                  COMMISSION REGULATION (EEC) No 1383/78
                                                        of 23 June 1978
              opening an invitation to tender for the mobilization of durum wheat as food aid
                                         for the People's Republic of Mozambique
THE COMMISSION OF THE EUROPEAN                                    Whereas provision should be made for security to be
COMMUNITIES,                                                      given to guarantee fulfilment of the obligations arising
                                                                   by virtue of participation in the invitation to tender ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas the French intervention agency should be
                                                                   made responsible for the tendering procedure in ques­
                                                                   tion ;
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 the Commission must be informed quickly
Regulation (EEC) No 11 25/78 (2),                                 of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                 Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), and        whereas, in view of the urgency, the measures envis­
 in particular Article 6 thereof,                                 aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 on the value of the unit of account and the
Whereas on 30 January 1978 the Council of the Euro­               exchange rates to be applied for the purposes of the
pean Communities declared that by way of Commu­                   common agricultural policy (4), as last amended by
nity action it proposed to grant the People's Republic            Regulation (EEC) No 2543/73 (5), and in particular
of Mozambique 1 500 tonnes of durum wheat under                   Article 3 thereof ;
its 1976/77 and 1977/78 food-aid programme ;
                                                                  Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­              are in accordance with the opinion of the Manage­
tion (EEC) No 2750/75 the goods may be purchased                   ment Committee for Cereals,
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
for supply of the products delivered Maputo that is at             HAS ADOPTED THIS REGULATION :
the moment when the goods are actually placed on
the dock or in the lighter where applicable ;
                                                                                            Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
 may relate to products mobilized anywhere within                  1 . Tenders are hereby invited for the supply, by
those Member States ; whereas, in view of the currency            way of Community food-aid action, to the People's
situation in the Member States and in order to ensure             Republic of Mozambique of 1 500 tonnes of durum
                                                                  wheat.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
currency situation in the Member State in which the               2. The tendering procedure shall take place in
customs export formalities will be completed ;                    France in one lot. The product shall be mobilized on
                                                                  the Community market. The product shall be loaded
Whereas - the contract should be awarded to the                   for departure from any Community port.
tenderer offering the best terms ;
                                                                  3 . The invitation to tender provided for in para­
Whereas in case it should be impossible for reasons of            graph 1 is for supply of products delivered Maputo,
                                                                  that is at the moment when the goods are actually
force majeure to complete the operation in question
within the set time limits, it must be made clear who             placed on the dock or in the lighter where applicable.
is to bear any costs resulting therefrom ;
                                                                  4.      The product shall be delivered in bulk.
(>) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 142, 30 . 5 . 1978 , p. 21 .                          («) OJ No 106, 30 . 10 . 1962, p. 2553/62.
P OJ No L 281 , 1 . 11 . 1975, p. 89.                              5 OJ No L 263, 19 . 9 . 1973, p . 1 .
 ---pagebreak---  No L 167/24                      Official Journal of the European Communities                            24. 6 . 78
                        Article 2                                                    Article 5
 1 . The decision on tenders received in response to         1 . The tenderer shall give security of a value of five
 the invitation provided for in Article 1 shall be taken     units of account per tonne of goods.
 on 7 July 1978 .
                                                             It shall be released :
 2. The closing date for submission of tenders shall
be 7 July 1978 at 12 noon.                                  — in the case of all tenderers whose tenders are
 3.   The notice of invitation to tender shall be                unsuccessful or are not accepted,
 published in the Official Journal of the European          — in the case of the successful tenderer, when the
 Communities not less than nine days before the                  operations concerned have been carried out within
closing date for submission of tenders.                          the prescribed time limit and on submission of
                                                                 the original export licence duly granted and
                        Article 3                                endorsed by the competent authorities of the
                                                                 Member State mentioned in the tender pursuant
 1.   The prices offered must be expressed in the                to Article 3 (2),
currency of the Member State in which the invitation
to tender was issued .                                      — in the case of the successful tenderer for quantities
                                                                 not supplied by reason of force majeure.
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being      2. The security required under paragraph 1 may be
declared successful, expects to complete the customs        provided in the form of a cash deposit or of a
export formalities for the products concerned.              guarantee issued by a credit institution conforming to
                                                            criteria laid down by each Member State.
3. For the purpose of tendering the tenders compar­
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount applicable on                                    Article 6
the closing date for submission of tenders to exports
from the Member State mentioned in the tender
                                                            The product referred to in Article 1 must be of fair
pursuant to paragraph 2.                                    and sound merchantable quality, be free from odour,
Such correction shall be made by :                          and correspond at least to the standard quality for
                                                            which the intervention price is fixed.
— 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
    whose currency has been revalued.                        1 . The French intervention agency shall be respon­
                                                            sible for organizing the invitation to tender provided
The monetary compensatory amount shall, where               for by this Regulation .
appropriate, be converted into the currency of the
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
    State in which the invitation to tender is issued       other than that in which the invitation to tender is
    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 this 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.
However, if the tenders submitted do not appear to          Furthermore, the amount of the successful tender
reflect normal market prices and costs, the interven­       shall be paid after it has been converted using the
tion agency may cancel the invitation to tender.            average of the spot rates referred to in the second
 ---pagebreak--- 24. 6. 78                           Official Journal of the European Communities                         No L 167/25
subparagraph 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.
4. The intervention agency shall request the                                          Article 8
successful tenderer to supply the following informa­
tion :                                                        As regards this tender, the intervention agency is auth­
                                                              orized to make an initial payment of 80 % of the
(a) after each shipment, a certificate showing the quan­      value of the quantity given in the bill of lading, on
    tities dispatched and the quality of the products ;       presentation of that document and subject to the
(b) the date of departure of the vessels.                     taking of a security for an amount equal to the initial
                                                              payment.
The information indicated above shall be forwarded
by the intervention agency to the Commission imme­
diately upon receipt.                                                                 Article 9
5. When the intervention agency responsible for               This Regulation shall enter into force on the day of its
the operations relating to tendering is not the interven­     publication in the Official Journal of the European
tion agency which appoints the successful tenderer, it        Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 23 June 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President