CELEX: 31978R1386
Language: en
Date: 1978-06-23 00:00:00
Title: Commission Regulation (EEC) No 1386/78 of 23 June 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the People's Republic of Mozambique

24. 6 . 78                             Official Journal of the European Communities                          No L 167/33
                                  COMMISSION REGULATION (EEC) No 1386/78
                                                        of 23 June 1978
               opening an invitation to tender for the mobilization of common wheat as food
                                     aid for the People's Republic of Mozambique
 THE COMMISSION OF THE EUROPEAN                                    Whereas provisions should be made for security to be
 COMMUNITIES,                                                      given for the purpose of guaranteeing that the obliga­
                                                                   tions arising by virtue of participation in the invita­
 Having regard to the Treaty establishing the European             tion to tender for supplies to the People's Republic of
 Economic Community,                                               Mozambique will be fulfilled ;
                                                                   Whereas the French intervention agency should be
 Having regard to Council Regulation (EEC) No                      made responsible for the tendering procedure in ques­
 2727/75 of 29 October 1975 on the common organiza­                tion ;
 tion of the market in cereals ( !), as last amended by
 Regulation (EEC) No 11 25/78 (2),                                 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 ;
 2750/75 of 29 October 1975 laying down the condi­
 tions for the mobilization of cereals as food aid (3), and        Whereas the Monetary Committee will be consulted ;
 in particular Article 6 thereof,                                  whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
Whereas on 30 January 1978 the Council of the Euro­                tions laid down in Article 3 (2) of Council Regulation
 pean Communities declared that by way of Commu­                   No 129 on the value of the unit of account and the
 nity action it proposed to grant the People's Republic            exchange rates to be applied for the purposes of the
of Mozambique 25 000 tonnes of common wheat                        common agricultural policy (4), as last amended by
under its 1976/77 and 1977/78 food-aid programme ;                 Regulation (EEC) No 2543/73 (5), and in particular
                                                                   Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                   Whereas the measures provided for "in this Regulation
anywhere on the Community market ;                                 are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products placed on the quay at the
port of unloading ;                                                HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenders esta­
blished in any Member State of the Community and                                            Article 1
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency             1 . Tenders are hereby invited for the supply to the
situation in the Member States and in order to ensure              People's Republic of Mozambique by way of Commu­
that the tenders are as comparable as possible, account            nity food-aid action of 25 000 tonnes of common
should be taken of the effect on each tender of the               wheat .                                  v
currency situation in the Member State in which the
customs export formalities will be completed ;                     2. The tendering procedure shall take place in
                                                                   France in two lots. The product shall be mobilized on
Whereas the award under the invitation to tender                   the Community market. The product shall be loaded
must be made in favour of the tenderer offering the                for the departure from any Community port.
best terms ;
                                                                  3 . The invitation to tender provided for in para­
Whereas, should force majeure make it impossible to               graph 1 is for supply of products delivered on the
complete the operation in question within the set                 quay in one of the ports of unloading listed in the
                                                                  Annex.
time limits, it should be made clear who is to bear the
liability for any resulting costs ;
                                                                  4.      The product shall be delivered in bulk.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 142, 30 . 5. 1978 , p. 21 .                           (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 167/34                      Official Journal of the European Communities                            24. 6 . 78
                        Article 2                            It shall be released :
 1 . The decision on tenders received in response to        — in the case of all tenderers whose tenders are
 the invitation provided for in Article 1 shall be taken         unsuccessful or are not accepted,
 on 7 July 1978 .                                           — in the case of the successful tenderer, when the
 2. The closing date for submission of tenders shall             operations concerned have been carried out within
 be 7 July 1978 , at 12 noon .                                   the prescribed time limit and on submission of
 3.    The   notice of invitation  to  tender shall   be         the original export licence duly granted and
 published in the Official Journal of the European               endorsed by the competent authorities of the
 Communities not less than nine days before the                  Member State mentioned in the tender pursuant
closing date for submission of tenders.                          to Article 3 (2),
                                                            — in the case of the successful tenderer for quantities
                        Article 3                                not supplies by reason of force majeure.
 1 . The prices offered must be expressed in the            2. The security required under paragraph 1 may be
currency of the Member State in which the invitation        provided in the form of a cash deposit or of a
to tender was issued .
                                                            guarantee issued by a credit institution conforming to
2. Tenders must in particular mention the Member            criteria laid down by each Member State.
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs                                 Article 6
export formalities for the products concerned.
3 . For the purpose of rendering the tenders compar­        The common wheat referred to in Article 1 to be
able, the prices shall, where appropriate, be corrected     supplied to the People's Republic of Mozambique
by the monetary compensatory amount applicable on           must be of fair and sound merchantable quality and
the closing date for submission of tenders to exports       correspond at least to the standard quality for which
from    the Member State mentioned in the tender            the intervention price is fixed, except that the mois­
pursuant to paragraph 2.                                    ture content shall      not exceed   14 %  and   that a
Such correction shall be made by :
                                                            maximum of 3 % of sprouted grains and 1 -5 % of
                                                            miscellaneous impurities shall be allowed.
— increasing prices which mention a Member State
     whose currency has depreciated,
                                                                                     Article 7
— reducing prices which mention a Member State
     whose currency has been revalued.
                                                             1 . The French intervention agency shall be respon­
Such monetary compensatory amount shall , where             sible for organizing the invitation to tender provided
appropriate, be converted into the currency of the          for by this Regulation .
Member State in which the invitation to tender is
issued using :                                              2.     It shall forthwith communicate to the Commis­
— in the case when the currencies concerned are             sion the list of firms which have responded to the invi­
     kept at any given moment within a band of              tation to tender, specifying the terms of each tender,
     2-25 % , a conversion rate resulting from their        together with the name and business name of the
                                                            successful tenderer.
     central rate,
— in other cases, the average of the spot rates of the      3. Where the customs export formalities for the
    currencies concerned recorded in the Member
                                                            mobilized product are completed in a Member State
    State in which the invitation to tender is issued       other than that in which the invitation to tender is
    during a period from the Wednesday of one week          issued, the intervention agency of the latter Member
     to the Tuesday of the following week being the         State shall be responsible for the operations following
     period immediately preceding the closing date for      tendering, including payment to the successful
    submission of tenders .                                 tenderer.
                        Article 4
                                                            In such case, the intervention agency choosing the
The contract shall be awarded to the tenderer offering      successful tenderer shall immediately inform the inter­
the best terms, taking into consideration the adjust­       vention agency of the Member State concerned and
ment referred to in Article 3 (3).                          shall supply it with all the information which it may
                                                            require.
However, if the tenders submitted do not appear to
reflect normal market prices and costs, the interven­       Furthermore, the amount of the successful tender
tion agency may cancel the invitation to tender.            shall be paid after it has been converted using the
                        Article 5
                                                            average of the spot rates referred to in the second
                                                            subparagraph of Article 3 (3) to the tenderer in the
1 . The tenderer shall give security in an amount of        currency of the Member State in which the operations
five units of account per tonne of goods.                   relating to the tendering are completed.
 ---pagebreak--- 24. 6 . 78                         Official Journal of the European Communities                                No L 167/35
4. The intervention agency shall request the                  shall send as soon as possible to the latter the informa­
successful tenderer to supply the folllowing informa­         tion necessary for releasing the security.
tion :
(a) after each shipment a certificate showing the quan­                                     Article 8
    tities dispatched and the quality of the products ;
                                                              As regard this tender, the intervention agency is autho­
(b) the date of departure of the ships ;                      rized to make an initial payment of 80 % of the value
(c) all possible contingencies which might occur              of the quantity given in the bill of lading, on presenta­
    during transportation of the products.                    tion of that document and subject to the taking of a
The information indicated above shall be forwarded            security for an amount equal to the initial payment.
by the intervention agency to the Commission imme­
diately upon receipt.                                                                       Article 9
5. When the intervention agency responsible for               This Regulation shall enter into force on the day of its
the operations relating to tendering is not the interven­     publication in the Official Journal of the European
tion agency which appoints the successful tenderer, it        Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
               Done at Brussels, 23 June 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                             Vice-President
                                                          ANNEX
                 Number
                  of lot
                                        Port of unloading         Minimum rate of unloading        Tonnage cif
                    1
                    2
                            Maputo
                            Beira                               | Customs of the port               15 000
                                                                                                    10 000