CELEX: 31978R2834
Language: en
Date: 1978-12-01 00:00:00
Title: Commission Regulation (EEC) No 2834/78 of 1 December 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the World Food Programme

2. 12. 78                               Official Journal of the European Communities                       No L 336/29
                                  COMMISSION REGULATION (EEC) No 2834/78
                                                     of 1 December 1978
              opening an invitation to tender for the mobilization of common wheat as food
                                            aid for the World Food Programme
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 will be fulfilled ;
Economic Community,
                                                                  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 1254/78(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 World Food                   exchange rates to be applied for the purposes of the
Programme 1 920 tonnes of common wheat under its                  common agricultural policy (4), as last amended by
 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 tenders should be invited for the supply of
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;                              HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers 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
situation in the Member States and in order to ensure              1 . Tenders are hereby invited for the supply, by
that the tenders are as comparable as possible account            way of Community food-aid action to the World Food
should be taken of the effect on each tender of the               Programme, of 1 920 tonnes of common wheat.
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 one lot. 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 departure from Le Havre.
best terms ;
                                                                   3. The product referred to in paragraph 1 is to be
Whereas, should force majeure make it impossible to               delivered in bulk to the port of shipment in the
complete the operation in question within the set                 vicinity of the vessel. The goods must be set down at
time limits, it should be made clear who is to bear the            the place nominated by the recipient country or its
liability for any resulting costs ;                               agent, the timing of delivery being settled by the
                                                                  tenderer and the recipient body's agent.
(») OJ No L 281 , 1 . 11 . 1975, p. 1 .
0 OJ No L 156, 14. 6. 1978, p. 1 .                                («) OJ No 106, 30. 10. 1962, p. 2553/62.
P) OJ No L 281 , 1 . 11 . 1975, p. 89.                            («) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 336/30                      Official Journal of the European Communities                               2. 12. 78
                       Article 2                           notice of invitation to tender as a result of the late
1 . The decision on tenders received in response to        availability of the vessels to be used for sea transporta­
the invitation provided for in Article 1 shall be taken    tion, the resulting costs shall be borne by the interven­
on 15 December 1978 .                                      tion agency.
2.    The closing date for submission of tenders shall                              Article 6
be 15 December 1978 at 12 noon .
3.    The   notice of invitation to tender shall be         1 . The tenderer shall give security in an amount of
published in the Official Journal of the European          five units of account per tonne of goods.
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
                       Article 3                                unsuccessful or are not accepted,
1 . The prices offered must be expressed in the            — in the case of the successful tenderer, when 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
2. Tenders must in particular mention the Member                the original export licence duly granted and
State in which the tenderer, in the event of his being          endorsed by the competent authorities of the
declared successful, expects to complete the customs            Member State mentioned in the tender pursuant
export formalities for the products concerned.                  to Article 3 (2),
                                                           — in the case of the successful tenderer, for quanti­
3. For the purpose of rendering the tenders compar­
able, the prices shall be corrected by the monetary             ties not supplied by reason of force majeure.
compensatory amount applicable on the closing date         2. The security required under paragraph 1 may be
for submission of tenders to exports from the Member       provided in the form of a cash deposit or of a
State mentioned in the tender pursuant to paragraph        guarantee issued by a credit institution conforming to
2.
                                                           criteria laid down by each Member State.
Such correction shall be made by :
— increasing prices which mention a Member State                                    Article 7
    whose currency has depreciated or a new Member         The common wheat referred to in Article 1 must be
    State,
                                                           of fair and sound merchantable quality and corres­
— reducing prices which mention a Member State             pond at least to the standard quality for which the
    whose currency has been revalued.                      intervention price is fixed, except that the moisture
The monetary compensatory amount shall, where              content shall not exceed 1 5-5 % and that a maximum
appropriate, be converted into the currency of the         of 3 % of sprouted grains and 1 -5 % of miscellaneous
Member State in which the invitation to tender is          impurities shall be allowed.
issued using :
— in the case when the currencies concerned are                                     Article 8
    kept at any given moment within a band of
    2-25 % , a conversion rate resulting from their         1 . The French intervention agency shall be respon­
    central rate,                                          sible for organizing the invitation to tender provided
— in the other cases, the average of the spot rates of     for by this Regulation.
    the currencies concerned recorded in the Member        2.     It shall forthwith communicate to the Commis­
    State in which the invitation to tender is issued
                                                           sion the list of firms which have responded to the invi­
    during a period from the Wednesday of one week         tation to tender, specifying the terms of each tender,
    to the Tuesday of the following week being the         together with the name and business name of the
    period immediately preceding the closing date for      successful tenderer.
    submission of tenders.
                                                           3. Where the customs export formalities for the
                       Article 4
                                                            mobilized product are completed in a Member State
The contract shall be awarded to the tenderer offering     other than that in which the invitation to tender is
the best terms, taking into consideration the adjust­       issued, the intervention agency of the latter Member
ment referred to in Article 3 (3).                         State shall be responsible for the operations following
                                                           tendering, including payment to the successful
However, if the tenders submitted do not appear to         tenderer.
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.            In such case, the intervention agency choosing the
                       Article 5
                                                           successful tenderer shall immediately inform the inter­
                                                           vention agency of the Member State concerned and
If the tenderer is unable to deliver the goods in          shall supply it with all the information which it may
compliance with Article 1 (3) on the date given in the      require.
 ---pagebreak--- 2. 12. 78                         Official Journal of the European Communities                          No L 336/31
Furthermore, the amount of the successful tender             5. When the intervention agency responsible for
shall be paid after it has been converted using the          the operations relating to tendering is not the interven­
average of the spot rates referred to in the second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (3) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security.
relating to the tendering are completed.
                                                                                     Article 9
4. The intervention agency shall request the                 On delivery of the goods at the port of shipment, a
successful tenderer to supply the following informa­         handing-over certificate shall be supplied to the
tion :
                                                             successful tenderer, acting as agent for the Commu­
(a) after shipment a certificate showing the quantities      nity, by the agent of the recipient country, or, in the
    dispatched and the quality of the products ;             absence of the latter, by the intervention agency of the
(b) the date of departure of the ship ;                      Member State in whose territory the port of shipment
                                                             is situated .
(c) all possible contingencies which might occur
    during transportation of the products.                                           Article 10
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, 1 December 1978.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President