CELEX: 31978R0807
Language: en
Date: 1978-04-21 00:00:00
Title: Commission Regulation (EEC) No 807/78 of 21 April 1978 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Upper Volta

No L 108 / 14                          Official Journal of the European Communities                             22 . 4 . 78
                                    COMMISSION REGULATION (EEC) No 807/78
                                                       of 21 April 1978
               opening an invitation to tender for the mobilization of maize as food aid for the
                                                   Republic of Upper Volta
THE COMMISSION OF THE EUROPEAN                                    Whereas the Commission must be informed quickly
 COMMUNITIES,                                                      of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
 Having regard to the Treaty establishing the European
 Economic Community,                                               Whereas the Monetary Committee will be consulted ;
                                                                  whereas, in view of the urgency, the measures envis­
 Having regard to Council Regulation (EEC) No
 2727/75 of 29 October 1975 on the common organiza­                aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
 tion of the market in cereals ('), as last amended by             No 129 on the value of the unit of account and the
 Regulation (EEC) No 2560/77 (2),                                  exchange rates to be applied for the purposes of the
 Having regard to Council Regulation (EEC) No                      common agricultural policy (4), as last amended by
 2750/75 of 29 October 1975 laying down the condi­                 Regulation (EEC) No 2543 /73 (5), and in particular
 tions for the mobilization of cereals as food aid (3), and       Article 3 thereof ;
 in particular Article 6 thereof,
                                                                  Whereas the measures provided for in this Regulation
Whereas on 30 January 1978 the Council of the Euro­                are in accordance with the opinion of the Manage­
 pean Communities declared that by way of Commu­                   ment Committee for Cereals,
 nity action it proposed to grant the Republic of Upper
Volta of 8 500 tonnes of maize under its 1977/ 78 food­
 aid programme ;                                                   HAS ADOPTED THIS REGULATION :
Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
                                                                                             Article 1
 anywhere on the Community market ;
Whereas the proposed invitation to tender should be                1 . Tenders are hereby invited for the supply, by
 for supply of the products delivered to Ouagadougou ;            way of Community food-aid action , to the Republic of
                                                                   Upper Volta of 8 500 tonnes of maize .
Whereas tenders may be submitted by tenderers esta­
 blished in any Member State of the Community and                  2. The tendering procedure shall take place in
 may relate to products mobilized anywhere within                  France in one lot. The product shall be mobilized on
 those Member States ; whereas, in view of the currency            the Community market. The product shall be loaded
 situation in the Member States and in order to ensure
                                                                   for departure from any Community port.
 that the tenders are as comparable as possible, account
 should be taken of the effect on each tender of the               3 . The invitation to tender provided for in para­
 currency situation in the Member State in which the              graph 1 is for supply of the products delivered to
 customs export formalities will be completed ;                   Ouagadougou .
Whereas     the   contract should         be awarded  to  the
                                                                  4.     The successful tenderer shall deliver the product
tenderer offering the best terms ;                                specified in paragraph 1 in new jute sacks of a net
Whereas in case it should be impossible for reasons of            capacity of 50 kilograms.
force majeure to complete the operation in question
within the set time limits, it must be made clear who             Minimum weight of the sacks shall be 600 grams. The
 is to bear any costs resulting therefrom ;                        following shall be printed on the sacks :
Whereas provision should be made for security to be               Maïs / Don de la Communauté économique euro­
given to guarantee fulfilment of the obligations arising          péenne à la Haute Volta'.
by virtue of participation in the invitation to tender ;
                                                                  To allow for the possibility of re-bagging the
Whereas the French intervention agency should be                  successful tenderer shall supply 2 % of new empty
made responsible for the tendering procedure in ques­             sacks of the same quality as those containing the
tion ;                                                            goods but with the printing followed by a capital
                                                                   letter ' R\
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 303, 28 . 11 . 1977, 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--- 22. 4. 78                         Official Journal of the European Communities                         No L 108 / 15
                        Article 2                                                     Article 5
1 . The decision on tenders received in response to          1 . The tenderer shall give security of a value of five
the invitation provided for in Article 1 shall be taken      units of account per tonne of goods.
on 5 May 1978 .
                                                             It shall be released :
2. The closing date for submission of tenders shall
                                                            — in the case of all tenderers whose tenders are
be 5 May 1978, at 12 noon .
                                                                 unsuccessful or are not accepted,
3.    The   notice of invitation   to tender shall   be     — in the case of the successful tenderer, when the
published in the Official Journal of the European                operations concerned have been carried out within
Communities not less than nine days before the                   the prescribed time limit and on submission of
closing date for submission of tenders.                          the original export licence duly granted and
                                                                 endorsed by the competent authorities of the
                        Article 3                                Member State mentioned in the tender pursuant
                                                                 to Article 3 (2),
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation        — in the case of the successful tenderer for quantities
to tender was issued .                                           not supplied by reason of force majeure.
2. Tenders must in particular mention the Member             2. The security required under paragraph 1 may be
State in which the tenderer, in the event of his being       provided in the form of a cash deposit or of a
declared successful, expects to complete the customs        guarantee issued by a credit institution conforming to
export formalities for the products concerned.               criteria laid down by each Member State .
3. For the purpose of rendering the tenders compar­                                   Article 6
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount applicable on            The   product referred to in Article 1 must be of fair
the closing date for submission of tenders to exports        and   sound merchantable quality and correspond at
from   the Member State mentioned in         the tender
                                                             least  to the standard quality for which the interven­
pursuant to paragraph 2.                                     tion  price is fixed .
Such correction shall be made by :                           If the product does not meet these requirements it
— increasing prices which mention a Member State             shall be refused .
    whose currency has depreciated or a new Member
    State,                                                                            Article 7
— reducing prices which mention a Member State
    whose currency has been revalued .                       1 . The French intervention agency shall be respon­
                                                             sible for organizing the invitation to tender provided
The monetary compensatory amount shall, where                for by this Regulation .
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            2.     It shall forthwith communicate to the Commis­
issued using :                                               sion the list of firms which have responded to the invi­
— in the case when the currencies concerned are              tation to tender, specifying the terms of each tender,
                                                             together with the name and business name of the
    kept at any given moment within a band of                successful tenderer.
    2-25 % , a conversion rate resulting from their
    central rate,                                            3.     Where the customs export formalities for the
— in the other cases, the average of the spot rates of       mobilized product are completed in a Member State
    the currencies concerned recorded in the Member          other than that in which the invitation to tender is
    State in which the invitation to tender is issued        issued, the intervention agency of the latter Member
    during a period from the Wednesday of one week           State shall be responsible for the operations following
    to the Tuesday of the following week being the           tendering, including payment to the successful ten­
    period immediately preceding the closing date for        derer.
    submission of tenders.
                                                             In this case, the intervention agency choosing the
                        Article 4                            successful tenderer shall immediately inform the inter­
                                                             vention agency of the Member State concerned and
The contract shall be awarded to the tenderer offering       shall supply it with all the information which it may
the best terms, taking into consideration the adjust­        require.
ment referred to in Article 3 (3).
                                                             Furthermore, the amount of the successful tender
However, if the tenders submitted do not appear to           shall be paid after it has been converted using the
reflect normal market prices and costs, the interven­        average of the spot rates referred to in the second
tion agency may cancel the invitation to tender.             subparagraph of Article 3 (3) to the tenderer in the
 ---pagebreak--- No L 108 / 16                      Official Journal of the European Communities                              22. 4. 78
currency of the Member State in which the operations         tion agency which appoints the successful tenderer, it
relating to the tendering are completed .                    shall send as soon as possible to the latter the informa­
                                                             tion necessary for releasing the security.
4. The intervention agency shall request the
successful tenderer to supply the following informa­
tion :                                                                                Article 8
(a) after each shipment a certificate showing the quan­
    tities dispatched and the quality of the products ;      As regards this tender the intervention agency is auth­
(b) the date of the departure of the ships ; the             orized to make an initial payment of 80 % of the
    expected date of arrival of the products at their        value of the quantity given in the bill of lading, on
    destination ;                                             presentation of that document and subject to the
                                                             taking of a security for an amount equal to the initial
(c) all possible contingencies which might occur              payment .
    during transportation of the products .
The intervention agency shall transmit the informa­                                   Article 9
tion provided for to the Commission as soon as it is
received .
                                                             This Regulation shall enter into force on the day of its
5. When the intervention agency responsible for               publication in the Official Journal of the European
the operations relating to tendering is not the interven­     Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 21 April 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President