CELEX: 31978R1597
Language: en
Date: 1978-07-07 00:00:00
Title: Commission Regulation (EEC) No 1597/78 of 7 July 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of Chad

8 . 7. 78                               Official Journal of the European Communities                         No L 186/35
                                  COMMISSION REGULATION (EEC) No 1597/78
                                                         of 7 July 1978
               opening an invitation to tender for the mobilization of common wheat as food
                                                 aid for the Republic of Chad
THE COMMISSION OF THE EUROPEAN                                     Whereas provisions 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 Belgian 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
                                                                   Whereas the Commission must be informed quickly
tion of the market in cereals (l), as last amended by
                                                                   of the tenders submitted in response to the invitation
Regulation (EEC) No 1254/78(2),                                    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 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 Republic of Chad              Regulation (EEC) No 2543/73 (5), and in particular
2 800 tonnes of common wheat under its 1977/78                     Article 3 thereof ;
food-aid programme ;
                                                                   Whereas the measures provided for in this Regulation
                                                                   are in accordance with the opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­               ment Committee for Cereals,
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
Whereas the proposed invitation to tender should be                HAS ADOPTED THIS REGULATION :
for supply of the products delivered to N'Djamena ;
Whereas tenders may be submitted by tenderers esta­                                        Article 1
blished in any1 Member State of the Community and
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency              1 . Tenders are hereby invited for the supply, by
situation in the Member States and in order to ensure              way of Community food-aid action, to the Republic of
that the tenders are as comparable as possible, account            Chad, of 2 800 tonnes of common wheat.
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 ;                     Belgium in one lot.
Whereas the contract should be awarded to the                      3. The products shall be mobilized on the Commu­
tenderer offering the best terms ;                                 nity market.
Whereas in case it should be impossible for reasons of             4.     Shipment shall be from a Community port.
force majeure to complete the operation in question
within the set time limits, it must be made clear who              5. The invitation to tender provided for in para­
is to bear any costs resulting therefrom ;                         graph 1 is for supply of the products delivered to
                                                                   N'Djamena.
(>) 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.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                            (s) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 186/36                       Official Journal of the European Communities                                8 . 7. 78
6.    The    successful  tenderer  shall    deliver the          2-25 % , a conversion rate resulting from their
products specified in paragraph 1 in new jute sacks of           central rate,
a net capacity of 50 kilograms.                             — in the other cases, the average of the spot rates of
                                                                 the currencies concerned recorded in the Member
Minimum weight of the sacks shall be 600 grams. The              State in which the invitation to tender is issued
following shall be printed on the sacks :
                                                                 during a period from the Wednesday of one week
'Froment tendre / Don de la Communauté écono­                    to the Tuesday of the following week being the
mique européenne à la république du Tchad'.                      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
                                                             However, if the tenders submitted do not appear to
 1 . The decision on tenders received in response to         reflect normal market prices and costs, the interven­
the invitation provided for in Article 1 shall be taken      tion agency may cancel the invitation to tender.
on 20 July 1978 .                                —-
2. The closing date for the receipt of tenders shall                                  Article 5
be 20 July 1978 at 12 noon.
                                                             1 . The tenderer shall give security in an amount of
3.    The notice of invitation to tender shall be            five units of account per tonne of goods.
published in the Official Journal of the European
 Communities not less than nine days before the              It shall be released :
closing date for submission of tenders.                      — in the case of all tenderers whose tenders are
                                                                  unsuccessful or are not accepted,
                        Article 3                            — in the case of the successful tenderer, when the
                                                                  operations concerned have been carried out within
 1 . The prices offered must be expressed in the                  the prescribed time limit and on submission of
currency of the Member State in which the invitation              the original export licence duly granted and
to tender was issued.
                                                                  endorsed by the competent authorities of the
                                                                  Member State mentioned in the tender pursuant
2. Tenders must in particular mention the Member                  to Article 3 (2).
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs         — in the case of the successful tenderer, for quanti­
export formalities for the products concerned.                    ties not supplied by reason of force majeure.
3. For the purpose of rendering the tenders compar­          2. The security required under paragraph 1 may be
able, the prices shall be corrected by the monetary          provided in the form of a cash deposit or of a
compensatory amount iapplicable on the -losing date          guarantee issued by a credit institution conforming to
 for submission of tenders to exports from the Member        criteria laid down by each Member State.
State mentioned in the tender pursuant to para­
graph 2.                                                                              Article 6
Such correction shall be made by :
                                                             The    product referred to in Article 1 must be of fair
— increasing prices which mention a Member State             and    sound merchantable quality and correspond at
     whose currency has depreciated or a new Member          least   to the standard quality for which the interven­
     State,                                                  tion   price is fixed, except that the moistiire content
— reducing prices which mention a Member State               shall not exceed 14-5 % and that a maximum of 3 %
     whose currency has been revalued.                       of sprouted grains and 1 -5 % of miscellaneous impuri­
                                                             ties shall be allowed.
The monetary compensatory amount shall, where
appropriate, be converted into the currency of the
Member State in which the invitation to tender is                                     Article 7
 issued using :
                                                              1 . The Belgian intervention agency shall be respon­
— in the case when the currencies concerned are              sible for operations relating to the invitation to tender
     kept at any given moment within a band of               provided for by this Regulation.
 ---pagebreak--- 8 . 7 . 78                          Official Journal of the European Communities                          No L 186/37
2.      It shall forthwith communicate to the Commis­          (b) the date of the departure of the ships ; the
sion the list of firms which have responded to the invi­           expected date of arrival of the products at their
tation to tender, specifying the terms of each tender,             destination ;
together with the name and business name of the                (c) all possible contingencies which might occur
successful tenderer.
                                                                   during transportation of the products.
3 . Where the customs export formalities for the
mobilized product are completed in a Member State              The intervention agency shall transmit the informa­
other than that in which the invitation to tender is           tion provided for to the Commission as soon as it is
                                                               received .
issued, the intervention agency of the latter Member
State shall be responsible for the operations following        5. When the intervention agency responsible for
tendering, including payment to the successful                 the operations relating to tendering is not the interven­
tenderer.
                                                               tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the             shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­        tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may                                   Article 8
require.
Futhermore, the amount of the successful tender shall          As regards this tender the intervention agency is auth­
be paid after it has been converted using the average          orized to make an initial payment of 80 % of the
of the spot rates referred to in the second subpara­           value of the quantity given in the bill of lading, on
                                                               presentation of that document and subject to the
graph of Article 3 (3) to the tenderer in the currency
of the Member State in which the operations relating           taking of a security for an amount equal to the initial
                                                               payment.
to the tendering are completed.
4. The intervention agency shall ask that the                                           Article 9
tenderer specifies the following information :
(a) after each shipment, a statement giving details of         This Regulation shall enter into force on the day of its
     the quantities loaded, the quality of the products        publication in the Official Journal of the European
     and their packaging ;                                      Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                 Done at Brussels, 7 July 1978 .
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President