CELEX: 31978R2697
Language: en
Date: 1978-11-17 00:00:00
Title: Commission Regulation (EEC) No 2697/78 of 17 November 1978 opening a new invitation to tender for the mobilization of maize as food aid for the League of Red Cross Societies

No L 324/ 16                             Official Journal of the European Communities                              18 . 11 . 78
                                     COMMISSION REGULATION (EEC) No 2697/78
                                                       of 17 November 1978
               opening a new invitation to tender for the mobilization of maize as food aid for
                                               the League of Red Cross Societies
 THE COMMISSION OF THE EUROPEAN                                      Whereas    the  contract  should    be   awarded    to   the
 COMMUNITIES,                                                        tenderer offering the best terms ;
 Having regard to the Treaty establishing the European               Whereas in case it should be impossible for reasons of
 Economic Community,                                                force majeure to complete the operation in question
                                                                    within the set time limits, it must be made clear who
 Having regard to Council Regulation (EEC) No                        is to bear any costs resulting therefrom ;
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals ( J), as last amended by             Whereas provision should be made for security to be
 Regulation (EEC) No 1 254/78 (2),                                  given to guarantee fulfilment of the obligations arising
                                                                     by virtue of participation in the invitation to tender ;
 Having regard to Council Regulation (EEC) No
 2750/75 of 29 October 1975 laying down the condi­                  Whereas the French intervention agency should be
 tions for the mobilization of cereals as food aid (3), and          made responsible for the tendering procedure in ques­
 in particular Article 6 thereof,                                    tion ;
 Whereas on 8 February 1977 the Council of the Euro­                Whereas the Commission must be informed quickly
 pean Communities declared that by way of Commu­                    of the tenders submitted in response to the invitation
 nity action it proposed to grant the League of Red                 and of those accepted by the intervention agency ;
 Cross Societies 354 tonnes of maize under its 1976/77
 food-aid programme ;                                               Whereas the Monetary Committee will be consulted ;
                                                                    whereas, in view of the urgency, the measures envis­
Whereas pursuant to Article 3 (3) of Council Regula­                aged should be adopted in accordance with the condi­
 tion (EEC) No 2750/75 the goods may be purchased                    tions laid down in Article 3 (2) of Council Regulation
 anywhere on the Community market ;                                  No 129 on the value of the unit of account and the
                                                                    exchange rates to be applied for the purposes of the
Whereas the invitation to tender opened in the                      common agricultural policy (5), as last amended by
 Community under Commission Regulation (EEC) No                     Regulation (EEC) No 2543/73 (6), and in particular
                                                                    Article 3 thereof ;
 2391 /78 of 13 October 1978 opening an invitation to
 tender for the mobilization of maize as food aid for
 the League of Red Cross Societies (4) was not allo­                Whereas the measures provided for in this Regulation
 cated ; whereas a new invitation to tender should there­           are in accordance with the opinion of the Mangement
 fore be opened ;                                                   Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products delivered Bissau, that is at
 the moment when the goods are actually placed on                   HAS ADOPTED THIS REGULATION :
the dock or in the lighter where applicable ;
Whereas tenders may be submitted by tenderers esta­                                          Article 1
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 way
those Member States ; whereas, in view of the currency              of Community food-aid action to the League of Red
situation in the Member States and in order to ensure
                                                                    Cross Societies of 354 tonnes of maize.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
curency 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
(!) OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                           for departure from any Community port.
(2) OJ  No  L 156,  14. 6. 1978 , p. 1 .
(3) OJ  No  L 281 , 1 . 11 . 1975, p. 89.                           (5) OJ No 106, 30 . 10. 1962, p. 2553/62.
(«) OJ  No  L 288 , 14. 10. 1978 , p. 22.                           (') OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- 18 . 11 . 78                      Official Journal of the European Communities                        No L 324/ 17
3. The invitation to tender provided for in para­           The monetary compensatory amount shall, where
graph 1 is for supply of products delivered Bissau, that    appropriate, be converted into the currency of the
is at the moment when the goods are actually placed         Member State in which the invitation to tender is
on the dock or in the lighter where applicable.             issued using :
4. The successful tenderer shall deliver the product        — in the case when the currencies conerned are kept
specified in paragraph 1 in new jute sacks of a net              at any given moment within a band of 2-25 % , a
capacity of 50 kilograms.                                        conversion rate resulting from their central rate,
                                                            — in the other cases, the average of the spot rates of
Minimum weight of the sacks shall be 600 grams. The              the currencies concerned recorded in the Member
following shall be printed on the sacks :                        State in which the invitation to tender is issued
'Milho / Dom da Comunidade economica europeia /                  during a period from the Wednesday of one week
Ac^ào de ajuda alimentar da Caritas germànica /                  to the Tuesday of the following week being the
Bissau'.                                                         period immediately preceding the closing date for
                                                                 submission of tenders.
To allow for the possibility of re-bagging the
successful tenderer shall supply 2 % of new empty
sacks of the same quality as those containing the                                   Article 4
goods but with the printing followed by a capital
letter 'R'.
                                                            The contract shall be awarded to the tenderer offering
                                                            the best terms, taking into consideration the adjust­
                                                            ment referred to in Article 3 (3).
                       Article 2
1 . The decision on tenders received in response to         However, if the tenders submitted do not appear to
the invitation provided for in Article 1 shall be taken     reflect normal market prices and costs, the interven­
on 1 December 1978 .                                        tion agency may cancel the invitation to tender.
2.    The closing date for submission of tenders shall
be 1 December 1978 at 12 noon .                                                     Article 5
3.    The    notice of invitation  to tender shall be        1 . The tenderer shall give security of a value of five
published in the Official Journal of the European           units of account per tonne of goods.
Communities not less than nine days before the
closing date for submission of tenders.                     It shall be released :
                                                            — in the case of all tenderers whose tenders are
                       Article 3
                                                                 unsuccessful or are not accepted,
1 . The prices offered must be expressed in the             — in the case of the successful tenderer, when the
currency of the Member State in which the invitation             operations concerned have been carried out within
to tender was issued.                                            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
                                                                 not supplied by reason of force majeure.
3. For the purpose of rendering the tenders compar­
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 pusuant to paragraph 2.       guarantee issued by a credit institution conforming to
                                                            criteria laid down by each Member State.
Such correction shall be made by :
                                                                                    Article 6
— increasing prices which mention a Member State
    whose currency has depreciated or a new Member          The    product referred to in Article 1 must be of fair
    State,
                                                            and    sound merchantable quality and correspond at
— reducing prices which mention a Member State              least   to the standard quality for which the interven­
    whose currency has been revalued.                       tion   price is fixed.
 ---pagebreak--- No L 324/ 18                       Official Journal of the European Communities                              18 . 11 . 78
If the product does not meet these requirements it            (a) after each shipment, a statement giving details of
shall be refused .                                                 the quantities loaded, the quality of the products
                                                                   and the type of packing ;
                         Article 7
                                                              (b) the date of the departure of the ships ; the esti­
1 . The French intervention agency shall be respon­                mated date of arrival of the products at their desti­
                                                                   nation ;
sible for organizing the invitation to tender provided
for by this Regulation .                                      (c) all possible contingencies which might occur
2.     It shall forthwith communicate to the Commis­
                                                                  during transportation of the products.
sion the list of firms which have responded to the invi­      The information indicated above shall be forwarded
tation to tender, specifying the terms of each tender,
together with the name and business name of the               by the intervention agency to the Commission
successful tenderer.                                          immediately upon receipt.
3. Where the customs export formalities for the               5. When the intervention agency responsible for
mobilized product are completed in a Member State             the operations relating to tendering is not the intervene
other than that in which the invitation to tender is          tion agency which appoints the successful tenderer, it
issued, the intervention agency of the latter Member          shall send as soon as possible to the latter the informa­
State shall be responsible for the operations following       tion necessary for releasing the security.
tendering, including payment to the successful
tenderer.
                                                                                      Article 8
In this case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and              As regards this tender, the intervention agency is auth­
shall supply it with all the information which it may         orized to make an initial payment of 80 % of the
require.                                                      value of the quantity given in the bill of lading, on
                                                              presentation of a copy of that document and subject
Furthermore, the amount of the successful tender              to the taking of a security for an amount equal to the
shall be paid after it has been converted using the           initial payment.
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                  Article 9
relating to the tendering are completed.
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, 17 November 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President