CELEX: 31978R2391
Language: en
Date: 1978-10-13 00:00:00
Title: Commission Regulation (EEC) No 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

No L 288 /22                           Official Journal of the European Communities                           14. 10 . 78
                                  COMMISSION REGULATION (EEC) No 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
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 1 254/78 (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                     Whereas the Monetary Committee will be consulted ;
 2750/75 of 29 October 1975 laying down the condi­
                                                                  whereas, in view of the urgency, the measures envis­
 tions for the mobilization of cereals as food aid (3), and
                                                                  aged should be adopted in accordance with the condi­
 in particular Article 6 thereof,
                                                                  tions laid down in Article 3 (2) of Council Regulation
                                                                  No 129 on the value of the unit of account and the
Whereas on 8 February 1977 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 League of Red               Regulation (EEC) No 2543/73 (5), and in particular
 Cross Societies 354 tonnes of maize under its 1976/77            Article 3 thereof ;
 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 Mangement
 tion (EEC) No 2750/75 the goods may be purchased                 Committee for Cereals,
 anywhere on the Community market ;
Whereas the proposed invitation to tender should be
for supply of the products delivered Bissau, 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                   1 . Tenders are hereby invited for the supply by way
 may relate to products mobilized anywhere within                 of Community food-aid action to the League of Red
those Member States ; whereas, in view of the currency            Cross Societies of 354 tonnes of maize.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account           2. The tendering procedure shall take place in
should be taken of the effect on each tender of the               France in one lot. The product shall be mobilized on
curency situation in the Member State in which the                the Community market. The product shall be loaded
customs export formalities will be completed ;                    for departure from any Community port.
Whereas     the  contract    should      be  awarded   to the     3. The invitation to tender provided for in para­
tenderer offering the best terms ;                                graph 1 is for supply of products delivered Bissau, that
                                                                  is at the moment when the goods are actually placed
Whereas in case it should be impossible for reasons of            on the dock or in the lighter where applicable.
force majeure to complete the operation in question
within the set time limits, it must be made clear who             4. The successful tenderer shall deliver the product
is to bear any costs resulting therefrom ;                        specified in paragraph 1 in new jute sacks of a net
                                                                  capacity of 50 kilograms.
(*) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 1 .                              (") OJ No 106, 30 . 10 . 1962, p. 2553/62.
(') OJ No L 281 , 1 . 11 . 1975, p. 89 .                          (5) OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- 14 . 10 . 78                       Official Journal of the European Communities                        No L 288 /23
Minimum weight of the sacks shall be 600 grams. The          — in the other cases, the average of the spot rates of
following shall be printed on the sacks :                         the currencies concerned recorded in the Member
                                                                  State in which the invitation to tender is issued
'Milho/Dom da Comunidade economica europeia/                      during a period from the Wednesday of one week
Acgào 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
                       Article 2                              ment referred to in Article 3 (3).
 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 27 October 1978 .                                          tion agency may cancel the invitation to tender.
2.     The closing date for submission of tenders shall
be 27 October 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,
                                                              — in the case of the successful tenderer, when the
 1 . The prices offered must be expressed in 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           2. The security required under paragraph 1 may be
compensatory amount applicable on the closing date            provided in the form of a cash deposit or of a
for submission of tenders to exports from the Member          guarantee issued by a credit institution conforming to
State mentioned in the tender pursuant to paragraph           criteria laid down by each Member State.
2.
Such correction shall be made by :                                                    Article 6
— increasing prices which mention a Member State                                    V
     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
                                                              least  to the standard quality for which the interven­
— reducing prices which mention a Member State                tion  price is fixed.
     whose currency has been revalued .
The monetary compensatory amount shall, where                 If the product does not meet these requirements it
                                                              shall be refused .
appropriate, be converted into the currency of the
Member State in which the invitation to tender is
issued using :                                                                        Article 7
— in the case when the currencies concerned are
     kept at any given moment within a band of                1 . The French intervention agency shall be respon­
     2-25 % , a conversion rate resulting from their          sible for organizing the invitation to tender provided
     central rate,                                            for by this Regulation.
 ---pagebreak--- No L 288 /24                       Official Journal of the European Communities                              14. 10 . 78
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 ten­           shall send as soon as possible to the latter the informa­
derer.
                                                              tion necessary for releasing the security.
In this case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­                               Article 8
vention agency of the Member State concerned and
shall supply it with all the information which it may         As regards this tender, the intervention agency is auth­
require.                                                      orized to make an initial payment of 80 % of the
                                                              value of the quantity given in the bill of lading, on
Furthermore, the amount of the successful tender              presentation of that document and subject to the
shall be paid after it has been converted using the           taking of a security for an amount equal to the initial
average of the spot rates referred to in the second           payment.
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 9
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, 13 October 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President