CELEX: 31978R1796
Language: en
Date: 1978-07-28 00:00:00
Title: Commission Regulation (EEC) No 1796/78 of 28 July 1978 opening an invitation to tender for the mobilization of sorghum as food aid for the League of Red Cross Societies

29 . 7 . 78                            Official Journal of the European Communities                       No L 205/43
                                   COMMISSION REGULATION (EEC) No 1796/78
                                                        of 28 July 1978
                opening an invitation to tender for the mobilization of sorghum as food aid for
                                              the League of Red Cross Societies
 THE COMMISSION OF THE EUROPEAN                                    Whereas the French intervention agency should be
 COMMUNITIES,                                                      made responsible for the tendering procedure in ques­
                                                                   tion ;
 Having regard to the Treaty establishing the European
 Economic Community,                                               Whereas the Commission must be informed quickly
                                                                   of the tenders submitted in response to the invitation
 Having regard to Council Regulation (EEC) No                      and of those accepted by the intervention agency ;
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals ('), as last amended by             Whereas the Monetary Committee will be consulted ;
 Regulation (EEC) No 1 254/78 (2),                                whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
 Having regard to Council Regulation (EEC) No                      tions laid down in Article 3 (2) of Council Regulation
 2750/75 of 29 October 1975 laying down the condi­                 No 129 on the value of the unit of account and the
 tions for the mobilization of cereals as food aid (3), and
                                                                   exchange rates to be applied for the purposes of the
 in particular Article 6 thereof,                                 common agricultural policy (4), as last amended by
 Whereas on 30 January 1978 the Council of the Euro­               Regulation (EEC) No 2543/73 (5), and in particular
                                                                  Article 3 thereof ;
 pean Communities declared that by way of Commu­
 nity action      proposed to grant the League of Red
 Cross Societies 100 tonnes of sorghum under its                  Whereas the measures provided for in this Regulation
 1977/78 food-aid programme ;                                      are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;
                                                                   HAS ADOPTED THIS REGULATION :
 Whereas the proposed invitation to tender should be
 for supply of the products delivered Banjul, that is at
 the moment when the goods are actually placed on                                         Article 1
 the dock or in the lighter where applicable ;
                                                                   1 . Tenders are hereby invited for the supply, by
Whereas tenders may be submitted by tenderers esta­               way of Community food-aid action, to the League of
 blished in any Member State of the Community and                 Red Cross Societies, of 100 tonnes of sorghum .
 may relate to products mobilized anywhere within
 those Member States ; whereas, in view of the currency            2. The tendering procedure shall take place in
 situation in the Member States and in order to ensure
                                                                   France in one lot. The product shall be mobilized on
 that the tenders are as comparable as possible, account          the Community market. The product shall be loaded
should be taken of the effect on each tender of the               for departure from any Community port.
currency situation in the Member State in which the
customs export formalities will be completed ;                    3. The invitation to tender provided for in para­
Whereas      the  contract   should     be   awarded  to  the
                                                                  graph 1 is for supply of products delivered Banjul,
                                                                  that is at the moment when the goods are actually
tenderer offering the best terms ;                                placed on the dock or in the lighter where applicable .
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question               4. The successful tenderer shall deliver the product
within the set time limits, it must be made clear who             specified in paragraph 1 in new jute sacks of a net
is to bear any costs resulting therefrom ;                        capacity of 50 kilograms.
Whereas provision should be made for security to be               Minimum weight of the sacks shall be 600 grams.
given to guarantee fulfilment of the obligations arising
by virute of participation in the invitation to tender ;          On the sacks shall be printed a red cross, 15 x 15
                                                                  cm, as well as the following :
(>) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 1 .                              (4) OJ No 106, 30. 10. 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                           (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  No L 205/44                      Official Journal of the European Communities                            29 . 7 . 78
  Sorghum / Gift of the European Economic Commu­                 to the Tuesday of the following week being the
 nity / Action of the League of Red Cross Societies /            period immediately preceding the closing date for
 For free distribution Banjul'.                                  submission of tenders .
To allow for the possibility of re-bagging, the
                                                                                     Article 4
 successful tenderer shall supply 2 % of new empty
 sacks, of the same quality as those containing the          The contract shall be awarded to the tenderer offering
goods but with the printing followed by a capital            the best terms, taking into consideration the adjust­
 letter 'R'.
                                                             ment referred to in Article 3 (3).
                        Article 2                            However, if the tenders submitted do not appear to
                                                             reflect normal market prices and costs, the interven­
 1 . The decision on tenders received in response to         tion agency may cancel the invitation to tender.
 the invitation provided for in Article 1 shall be taken
on 11 August 1978 .                                                                  Article 5
2. The closing date for submission of tenders shall          1 . The tenderer shall give security of a value of five
be 11 August 1978 at 12 noon .                               units of account per tonne of goods.
3.     The   notice of invitation  to tender shall    be     It shall be released :
published in the Official Journal of the European           — in the case of all tenderers whose tenders are
 Communities not less than nine days before the                  unsuccessful or are not accepted,
closing date for submission of tenders.
                                                            — in the case of the successful tenderer, when the
                                                                 operations concerned have been carried out within
                        Article 3
                                                                 the prescribed time limit and on submission of
                                                                 the original export licence duly granted and
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation             endorsed by the competent authorities of the
to tender was issued .                                           Member State mentioned in the tender pursuant
                                                                 to Article 3 (2),
2.        Tenders must in particular mention the            — in the case of the successful tenderer for quantities
Member State in which the tenderer, in the event of              not supplied by reason of force majeure.
his being declared successful, expects to complete the
customs export formalities for the products concerned.       2. The security required under paragraph 1 may be
                                                             provided in the form of a cash deposit or of a
3 . For the purpose of rendering the tenders compar­        guarantee issued by a credit institution conforming to
able, the prices shall be corrected by the monetary         criteria laid down by each Member State.
compensatory amount applicable on the closing date
for submission of tenders to exports from the Member                                 Article 6
State mentioned in the tender pursuant to paragraph
2.                                                          The product referred to in Article 1 must be of fair
                                                            and sound merchantable quality, and be free from
Such correction shall be made by :                          odour, with a moisture content not exceeding 14 % .
— increasing prices which mention a Member State
     whose currency has depreciated or a new Member                                  Article 7
     State,
                                                             1 . The French intervention agency shall be respon­
— reducing prices which mention a Member State              sible for organizing the invitation to tender provided
     whose currency has been revalued.                      for by this Regulation .
The monetary compensatory amount shall, where               2.     It shall forthwith communicate to the Commis­
appropriate, be converted into the currency of the          sion the list of firms which have responded to the invi­
Member State in which the invitation to tender is
                                                            tation to tender, specifying the terms of each tender,
issued using :                                              together with the name and business name of the
— in the case when the currencies concerned are             successful tenderer.
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their        3 . Where the customs export formalities for the
     central rate,                                          mobilized product are completed in a Member State
                                                            other than that in which the invitation to tender is
— in the other cases, the average of the spot rates of      issued, the intervention agency of the latter Member
     the currencies concerned recorded in the Member        State shall be responsible for the operations following
     State in which the invitation to tender is issued      tendering, including payment to the successful
     during a period from the Wednesday of one week         tenderer.
 ---pagebreak--- 29 . 7 . 78                         Official Journal of the European Communities                         No L 205/45
In this case, the intervention agency choosing the            5. When the intervention agency responsible for
successful tenderer shall immediately inform the inter­       the operations relating to tendering is not the interven­
vention agency of the Member State concerned and              tion agency which appoints the successful tenderer, it
shall supply it with all the information which it may         shall send as soon as possible to the latter the informa­
require.                                                      tion necessary for releasing the security.
 Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                   Article 8
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          As regards this tender, the intervention agency is auth­
relating to the tendering are completed.                      orized to make an initial payment of 80 % of the
                                                              value of the quantity given in the bill of lading, on
4. The intervention agency shall request the                  presentation of that document and subject to the
successful tenderer to supply the following informa­          taking of a security for an amount equal to the initial
tion :                                                        payment.
(a) after each shipment, a certificate showing the quan­
     tities dispatched and the quality of the products ;
                                                                                      Article 9
(b) the date of departure of the vessels.
The information indicated above shall be forwarded            This Regulation shall enter into force on the day of its
by the intervention agency to the Commission imme­            publication in the Official Journal of the European
diately upon receipt.                                         Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 28 July 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President