CELEX: 31978R2642
Language: en
Date: 1978-11-10 00:00:00
Title: Commission Regulation (EEC) No 2642/78 of 10 November 1978 opening a new invitation to tender for the mobilization of common wheat as food aid for the Republic of Zambia

No L 318 /48                            Official Journal of the European Communities                             11 . 11 . 78
                                    COMMISSION REGULATION (EEC) No 2642/78
                                                     of 10 November 1978
               opening a new invitation to tender for the mobilization of common wheat as
                                             food aid for the Republic of Zambia
THE COMMISSION OF THE EUROPEAN                                     within the set time limits, it must be made clear who
COMMUNITIES,                                                       is to bear any costs resulting therefrom ;
Having regard to the Treaty establishing the European              Whereas provision should be made for security to be
Economic Community,                                                given to guarantee fulfilment of the obligations arising
                                                                   by virtue of participation in the invitation to tender ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                 Whereas the Belgian intervention agency should be
tion of the market in cereals (J), as last amended by              made responsible for organizing the invitation to
Regulation (EEC)' No 1254/78 (2),                                  tender ;
Having regard to Council Regulation (EEC) No                       Whereas the Commission must be informed quickly
2750/75 of 29 October 1975 laying down the condi­                  of the tenders submitted in response to the invitation
tions for the mobilization of cereals as food aid (3), and         and of those accepted by the intervention agency ;
in particular Article 6 thereof,
                                                                   Whereas the Monetary Committee will be consulted ;
Whereas on 30 January 1978 the Council of the Euro­                whereas, in view of the urgency, the measures envis­
pean Communities declared that by way of Commu­                    aged should be adopted in accordance with the condi­
nity action it proposed to grant the Republic of                   tions laid down in Article 3 (2) of Council Regulation
Zambia 6 000 tonnes of common wheat under the                      No 129 on the value of the unit of account and the
1977/78 food aid programme ;                                       exchange rates to be applied for the purposes of the
                                                                   common agricultural policy (5), as last amended by
Whereas pursuant to Article 3 (3) of Council Regula­               Regulation (EEC) No 2543/73 (6), and in particular
tion (EEC) No 2750/75 the goods may be purchased                   Article 3 thereof ;
anywhere on the Community market ;
                                                                   Whereas the measures provided for in this Regulation
Whereas the invitation to tender opened in the                      are in accordance with the opinion of the Manage­
Community under Commission Regulation (EEC) No                      ment Committee for Cereals,
2169/78 of 15 September 1978 opening an invitation
to tender for the mobilization of common wheat as
aid for Zambia (4) was not allocated ; whereas a new                HAS ADOPTED THIS REGULATION :
invitation to tender should therefore be opened ;
Whereas tenders should be invited for the supply of                                          A rticle 1
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 Republic of
                                                                    Zambia of 6 000 tonnes of common wheat.
Whereas tenders may be submitted by tenderers
 estblished in any Member State of the Community                    2. The tendering procedure shall take place in the
 and may relate to products mobilized anywhere within               Kingdom of Belgium and shall be in respect of a
 those Member States ; whereas, in view of the currency             single lot.
 situation in the Member States and in order to ensure
 that the tenders are as comparable as possible, account            3.    The product shall be mobilized on the Commu­
 should be taken of the effect on each tender of the                nity market.
 currency situation in the Member State in which the                4.    Shipment shall be from Antwerp.
 customs export formalities will be completed ;
                                                                    5. The product referred to in paragraph 1 is to be
 Whereas     the  contract should         be   awarded  to the
                                                                    delivered in new jute sacks of a net capacity of 50 kilo­
 tenderer offering the best terms ;                                 grams to the port of shipment in the vicinity of the
 Whereas in case it should be impossible for reasons of             vessel. The goods must be set down at the place nomi­
 force majeure to complete the operation in question                nated by the recipient country or its agent, the timing
                                                                    of delivery being settled by the tenderer and the recip­
 (») OJ  No  L 281 , 1 . 11 . 1975, p. 1.
                                                                    ient country's agent.
 (*) OJ  No  L 156,  14. 6.   1978, p. 1.
 Q)  OJ  No  L 281 , 1 . 11 . 1975, p. 89.                          (5) OJ No 106, 30. 10. 1962, p. 2553/62.
 (*) OJ  No  L 254,  16. 9.   1978, p. 18.                          (') OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak---  11 . 11 . 78                     Official Journal of the European Communities                          No L 318/49
Minimum weight of the sacks shall be 600 grams. The         — in the case when the currencies concerned are
following shall be printed on the sacks :                        kept at any given moment within a band of
                                                                 2-25 % , a conversion rate resulting from their
'Wheat / Gift of the European Economic Community                 central rate,
to Zambia'.
                                                            — in the other cases, the average of the spot rates of
                                                                 the currencies concerned recorded in the Member
To allow for the possibility of re-bagging the                   State in which the invitation to tender is issued
successful tenderer shall supply 2 % of new empty                during a period from the Wednesday of one week
sacks, of the same quality as those containing the               to the Tuesday of the following week being the
goods but with the printing followed by a capital                period immediately preceding the closing date for
letter 'R'.                                                      submission of tenders.
                        Article 2                                                    Article 4
 1 . The decision on tenders received in response to         The contract shall be awarded to the tenderer offering
the invitation provided for in Article 1 shall be taken      the best terms, taking into consideration the adjust­
on 24 November 1978 .
                                                             ment referred to in Article 3 (3).
2.     The closing date for submission of tenders shall      However, if the tenders submitted do not appear to
be 24 November 1978 at noon .
                                                             reflect normal market prices and costs, the interven­
                                                             tion agency may cancel the invitation to tender.
3.     The notice of invitation to tender shall be
 published in the Official Journal of the European
 Communities not less than nine days before the
                                                                                      Article 5
closing date for submission of tenders.
                                                             If the tenderer is unable to deliver the goods in
                        Article 3                            compliance with Article 1 (3) on the date given in the
                                                             notice of invitation to tender as a result of the late
                                                             availability of the vessels to be used for sea transporta­
 1 . The prices offered must be expressed in the             tion, the resulting costs shall be borne by the interven­
 currency of the Member State in which the invitation        tion agency.
 to tender was issued.
 2. Tenders must in particular mention the Member                                     Article 6
 State in which the tenderer, in the event of his being
 declared successful, expects to complete the customs
 export formalities for the products concerned.               1 . The tenderer shall give security of a value of five
                                                             units of account per tonne of goods.
 3 . For the purpose of rendering the tenders compar­
                                                             It shall be released :
 able, the prices shall be corrected by the monetary
 compensatory amount applicable on the closing date
                                                             — in the case of all tenderers whose tenders are
 for submission of tenders to exports from the Member
 State mentioned in the tender pursuant to paragraph              unsuccessful or are not accepted,
 2.                                                          — in the case of the successful tenderer, when the
                                                                  operations concerned have been carried out within
 Such correction shall be made by :                               the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
 — increasing prices which mention a Member State                 endorsed by the competent authorities of the
      whose currency has depreciated or a new Member              Member State mentioned in the tender pursuant
      State,                                                      to Article 3 (2),
 — reducing prices which mention a Member State              — in the case of the successful tenderer for quantities
      whose currency has been revalued.                           not supplied by reason of force majeure.
 The monetary compensatory amount shall, where               2. The security required under paragraph 1 may be
 appropriate, be converted into the currency of the          provided in the form of a cash deposit or of a
 Member State in which the invitation to tender is           guarantee issued by a credit institution conforming to
 issued using :                                              criteria laid down by each Member State.
 ---pagebreak--- No L 318 / 50                      Official Journal of the European Communities                              11 . 11 . 78
                        Article 7                            average of the spot rates referred to in the second
The common wheat referred to in Article 1 to be
                                                             subparagraph of Article 3 (3) to the tenderer in the
                                                             currency of the Member State in which the operations
supplied to the Republic of Zambia must be of fair            relating to the tendering are completed.
and sound merchantable quality and correspond at
least to the standard quality for which the interven­        4. The intervention agency shall request the
tion price is fixed, except that the humidity shall not      successful tenderer to supply the following informa­
exceed 1 5-5 % and that a maximum tolerance of 3 %           tion :
of sprouted grains and 1-5 % of miscellaneous impuri­
ties shall be allowed .                                      (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
                        Article 8                            (b) the date of departure of the vessels.
                                                             The information indicated above shall be forwarded
1 . The Belgian intervention agency shall be respon­
sible for the operations relating to the invitation to        by the intervention agency to the Commission
tender provided for by this Regulation .                      immediately upon receipt.
2.    It shall forthwith communicate to the Commis­           5. When the intervention agency responsible for
sion the list of firms which have responded to the invi­      the operations relating to tendering is not the interven­
tation to tender, specifying the terms of each tender,        tion agency which appoints the successful tenderer, it
together with the name and business name of the               shall send as soon as possible to the latter the informa­
successful tenderer.                                          tion necessary for releasing the security.
3. Where the customs export formalities for the                                        Article 9
mobilized product are completed in a Member State
other than that in which the invitation to tender is          On delivery of the goods at the port of shipment, a
issued, the intervention agency of the latter Member          handing-over certificate shall be supplied to the
State shall be responsible for the operations following       successful tenderer, acting as agent for the Commu­
tendering, including payment to the successful                nity, by the agent of the recipient country, or, in the
tenderer.                                                     absence of the latter, by the intervention agency of the
In this case, the intervention agency choosing the
                                                              Member State in whose territory the port of shipment
                                                              is situated .
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and
shall supply it with all the information which it may                                 Article 10
require.
                                                              This Regulation shall enter into force on the day of its
Furthermore, the amount of the successful tender              publication in the Official Journal of the European
shall be paid after it has been converted using the           Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 10 November 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President