CELEX: 31979R2545
Language: en
Date: 1979-11-16 00:00:00
Title: Commission Regulation (EEC) No 2545/79 of 16 November 1979 opening an invitation to tender for the mobilization of maize as food aid for the World Food Programme

No L 290/44                              Official Journal of the European Communities                            17. 11 . 79
                                    COMMISSION REGULATION (EEC) No 2545/79
                                                      of 16 November 1979
               opening an invitation to tender for the mobilization of maize as food aid for the
                                                     World Food Programme
 THE COMMISSION OF THE EUROPEAN                                     Whereas     the contract should    be  awarded    to  the
 COMMUNITIES,                                                       tenderer who makes the best offer ;
 Having regard to the Treaty establishing the European
 Economic Community,                                                Whereas it must be made clear who is to bear any
                                                                    costs which arise in the event that for reasons of force
                                                                    majeure the operation in question is not completed
 Having regard to Council Regulation (EEC) No                       within the time stipulated ;
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals ('), as last amended by
 Regulation (EEC) No 1 547/79 (2),                                  Whereas provision should be made for security to be
                                                                    given to guarantee fulfilment of the obligations arising
 Having regard to Council Regulation (EEC) No                       by virtue of participation in the invitation to tender ;
 2750/75 of 29 October 1975 laying down the condi­
 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 in ques­
                                                                    tion ;
 Having regard to Council Regulation No 129 on the
 value of the unit of account and the exchange rates to
 be applied for the purposes of the common agricul­                 Whereas it is important that the Commission be
 tural policy (4), as last amended by Regulation (EEC)              informed without delay of the tenders submitted in
 No 2543/73 (5), and in particular Article 3 thereof,               response to the invitation and of those accepted by
                                                                    the intervention agency ;
 Having regard to the opinion of the Monetary
 Committee,
                                                                    Whereas the measures provided for in this Regulation
                                                                    are in accordance with the opinion of the Manage­
 Whereas on 8 May 1979 the Council of the European                  ment Committee for Cereals,
 Communities declared that by way of Community
 action it proposed to grant the World Food
 Programme 2 500 tonnes of maize under its 1978 /79
 food-aid programme ;
                                                                    HAS ADOPTED THIS REGULATION :
 Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;
                                                                                            Article 1
 Whereas tenders should be invited for the supply of
 the product to the port of shipment in the vicinity of
 the vessel, the goods to be set down at the place nomi­             1.    Tenders are hereby invited for the supply, by
 nated by the recipient or its agent ;                              way of Community food-aid action to the World Food
                                                                    Programme, of 2 500 tonnes of maize .
 Whereas tenders may be submitted by tenderers esta­
 blished in any Member State of the Community and
 may relate to products mobilized anywhere within                   2. The tendering procedure shall take place in
 those Member States ; whereas, in view of the currency             France in one lot. The product shall be mobilized on
 situation in the Member States and in order to ensure              the Community market. The product shall be loaded
 that the tenders are as comparable as possible , account           for departure from any Community port.
 should be taken of the effect on each tender of the
 currency situation in the Member State in which the                3. The product referred to in paragraph 1 is to be
 customs export formalities will be completed ;                     delivered in new jute sacks of a net capacity of 50 kilo­
                                                                    grams to the port of shipment in the vicinity of the
(') OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                           vessel . The goods must be set down at the place nomi­
(2) OJ  No  L 188 , 26 . 7. 1979, p. 1 .
(}) OJ  No  L 281 , 1 . 11 . 1975, p. 89.                           nated by the recipient country or its agent, the timing
(<) OJ  No  106, 30. 10. 1962, p. 2553/62.                          of delivery being settled by the tenderer and the recip­
(5) OJ  No  L 263, 19. 9. 1973, p. 1 .                              ient country's agent.
 ---pagebreak---  17. 11 . 79                     Official Journal of the European Communities                          No L 290/45
Minimum weight of sacks shall be 600 grams.                     during a period from the Wednesday of one week
                                                                to the Tuesday of the following week being the
The following shall be printed on the sacks :                   period immediately preceding the closing date for
                                                                submission of tenders .
'EM 1188 / Milho / Praia / Dom das Comunidade
economica europeia / Programa alimentar mundiaf.
                                                                                    Article 4
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty          The contract shall be awarded to the tenderer offering
sacks, of the same quality as those containing the         the best terms, taking into consideration the adjust­
goods but with the printing followed by a capital          ment referred to in Article 3 (3).
letter 'R\
                                                           However, if the tenders submitted do not appear to
                                                           reflect normal market prices and costs, the interven­
                       Article 2                           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                             Article 5
on 30 November 1979 .
                                                           If the tenderer is unable to deliver the goods in
2.    The closing date for submission of tenders shall     compliance with Article 1 (3) on the date given in the
be 30 November 1979 at 12 noon .                           notice of invitation to tender as a result of the late
                                                           availability of the vessels to be used for sea transporta­
3.    The notice of invitation to tender shall be          tion, the resulting costs shall be borne by the interven­
published in the Official Journal of the European          tion agency.
Communities not less than nine days before the
closing date for submission of tenders.                                             Article 6
                       Article 3                            1 . The tenderer shall give security in an amount of
                                                           6 ECU per tonne of goods.
1 . The prices offered must be expressed in the            It shall be released :
currency of the Member State in which the invitation
to tender was issued .                                     — in the case of all tenderers whose tenders are
                                                                unsuccessful or are not accepted,
2. Tenders must in particular mention the Member
                                                           — in the case of the successful tenderer, when the
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs            operations concerned have been carried out within
export formalities for the products concerned.                  the prescribed time limit and on submission of
                                                                the original export licence duly granted and
3. For the purpose of rendering the tenders compar­             endorsed by the competent authorities of the
able, the prices shall be corrected by the monetary             Member State mentioned in the tender pursuant
compensatory amount applicable on the closing date              to Article 3 (2),
for submission of tenders to exports from the Member       — in the case of the successful tenderer, for quanti­
State mentioned in the tender pursuant to paragraph             ties not supplied by reason of force majeure.
2. Such correction shall be made by :
                                                           2. The security required under paragraph 1 may be
— increasing prices which mention a Member State           provided in the form of a cash deposit or of a
    whose currency has depreciated,                        guarantee issued by a credit institution conforming to
— reducing prices which mention a Member State             criteria laid down by each Member State.
    whose currency has been revalued.
                                                                                    Article 7
The monetary compensatory amount shall, where
appropriate, be converted into the currency of the         The maize referred to in Article 1 must be of fair and
Member State in which the invitation to tender is
                                                           sound merchantable quality and correspond at least to
issued using :
                                                           the standard quality for which the intervention price
— in the case when the currencies concerned are            is fixed .
    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 provided
    State in which the invitation to tender is issued      for by this Regulation .
 ---pagebreak---  No L 290/46                       Official Journal of the European Communities                              17. 11 . 79
2.     It shall forthwith communicate to the Commis­          (b) the date of departure of the ship ;
sion the list of firms which have responded to the invi­      (c) all possible contingencies which might occur
tation to tender, specifying the terms of each tender,            during transportation of the products.
together with the name and business name of the
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
vention agency of the Member State concerned and                                      Article 9
shall supply it with all the information which it may
require.                                                      On delivery of the goods at the port of shipment, a
                                                              handing-over certificate shall be supplied to the
Furthermore, the amount of the successful tender              successful tenderer, acting as agent for the Commu­
shall be paid after it has been converted using the           nity, by the agent of the recipient country, or, in the
average of the spot rates referred to in the second           absence of the latter, by the intervention agency of the
subparagraph of Article 3 (3) to the tenderer in the          Member State in whose territory the port of shipment
currency of the Member State in which the operations          is situated .
relating to the tendering are completed .
4. The intervention agency shall request the                                          Article 10
successful tenderer to supply the following informa­
tion :
                                                              This Regulation shall enter into force on the day of its
(a) after shipment a certificate showing the quantities       publication in the Official Journal of the European
    dispatched and the quality of the products ;              Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 16 November 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President