CELEX: 31978R0806
Language: en
Date: 1978-04-21 00:00:00
Title: Commission Regulation (EEC) No 806/78 of 21 April 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Mauritania

22. 4. 78                               Official Journal of the European Communities                         No L 108 / 11
                                  COMMISSION REGULATION (EEC) No 806/78
                                                       of 21 April 1978
               opening an invitation to tender for the mobilization of common wheat as food
                                        aid for the Islamic Republic of Mauritania
THE COMMISSION OF THE EUROPEAN                                     tion to tender for supplies to the Islamic Republic of
COMMUNITIES,                                                       Mauritania will be fulfilled ;
Having regard to the Treaty establishing the European              Whereas the French intervention agency should be
Economic Community,                                                made responsible for the tendering procedure in ques­
                                                                   tion ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                 Whereas the Commission must be informed quickly
tion of the market in cereals ('), as last amended by              of the tenders submitted in response to the invitation
Regulation (EEC) No 2560/77 (*),                                   and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                       Whereas the Monetary Committee will be consulted ;
2750/75 of 29 October 1975 laying down the condi­                  whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid (3), and         aged should be adopted in accordance with the condi­
in particular Article 6 thereof,                                   tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 on the value of the unit of account and the
Whereas on 31 January 1978 the Council of the Euro­                exchange rates to be applied for the purposes of the
pean Communities declared that by way of Commu­                    common agricultural policy (4), as last amended- by
nity action it proposed to grant the Islamic Republic              Regulation (EEC) No 2543/73 (5), and in particular
of Mauritania 7 000 tonnes of common wheat under                   Article 3 thereof ;
its 1977/78 food-aid programme ;
                                                                   Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­               are in accordance with the opinion of the Manage­
tion (EEC) No 2750/75 the goods may be purchased                   ment Committee for Cereals,
anywhere on the Community market ;
Whereas the proposed invitation to tender should be                HAS ADOPTED THIS REGULATION :
for supply of the products placed on the quay at the
port of unloading ;
                                                                                            Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                    1 . Tenders are hereby invited for the supply to the
may relate to products mobilized anywhere within                   Islamic Republic of Mauritania by way of Community
                                                                   food-aid action of 7 000 tonnes of common wheat.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
                                                                   2. The tendering procedure shall take place in
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                France in two lots. The product shall be mobilized on
                                                                   the Community market. The product shall be loaded
currency situation in the Member State in which the
                                                                   for the departure from any Community port.
customs export formalities will be completed ;
Whereas the award under the invitation to tender
                                                                   3. The invitation to tender provided for in para­
                                                                   graph 1 is for supply of products delivered on the
must be made in favour of the tenderer offering the                quay in one of the ports of unloading listed in v the
best terms ;                                                       Annex .
Whereas, should force majeure make it impossible to                4. The successful tenderer shall deliver the product
complete the operation in question within the set                  specified in paragraph 1 in new jute sacks of a net
time limits, it should be made clear who is to bear the
                                                                   capacity of 50 kilograms.
pliability for any resulting costs ;
                                                                   The minimum weight of the sacks shall be 600 grams.
Whereas provisions should be made for security to be               The following shall be printed on the sacks :
given for the purpose of guaranteeing that the obliga­
tions arising by virtue of participation in the invita­              Froment tendre/Don de la Communauté économique
                                                                   européenne à la Mauritanie'.
(») 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--- No L 108 / 12                     Official Journal of the European Communities                             22. 4. 78
To allow for the possibility of re-bagging, the              However, if the tenders submitted do not appear to
successful tenderer shall supply 2 % of new empty            reflect normal market prices and costs, the interven­
sacks, of the same quality as those containing the           tion agency may cancel the invitation to tender.
goods but with the printing followed by a capital
letter ' R'.
                                                                                      Article 5
                        Article 2
                                                             1 . The tenderer shall give security in an amount of
1 . The decision on tenders received in response to          five units of account per tonne of goods.
the invitation provided for in Article 1 shall be taken      It shall be released :
on 5 May 1978 .
                                                            — in the case of all tenderers whose tenders are
2.     The closing date for submission of tenders shall
be 5 May 1978 , 12 noon .                                        unsuccessful or are not accepted,
                                                            — in the case of the successful tenderer, when the
3.     The   notice of invitation  to  tender shall  be
                                                                 operations concerned have been carried out within
published in the Official Journal of the European                the prescribed time limit and on submission of
Communities not less than nine days before the                   the original export licence duly granted and
closing date for submission of tenders.                          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             — in the case of the successful tenderer for quantities
currency of the Member State in which the invitation              not supplied by reason of force majeure.
to tender was issued .
                                                             2. The security required under paragraph 1 may be
2. Tenders must in particular mention the Member             provided in the form of a cash deposit or of a
State in which the tenderer, in the event of his being      guarantee issued by a credit institution conforming to
declared successful, expects to complete the customs         criteria laid down by each Member State.
export formalities for the products concerned.
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 common wheat referred to in Article 1 to be
the closing date for submission of tenders to exports        supplied to the Islamic Republic of Mauritania must
from    the Member State mentioned in        the tender      be of fair and sound merchantable quality and corres­
pursuant to paragraph 2.                                     pond at least to the standard quality for which the
                                                             intervention price is fixed, except that the moisture
Such correction shall be made by :                           content shall not exceed 15-5 % and that a maximum
— increasing prices which mention a Member State             of 3 % of sprouted grains and 1-5 % of miscellaneous
    whose currency has depreciated,                          impurities shall be allowed.
— reducing prices which mention a Member State
    whose currency has been revalued.                                                 Article 7
Such monetary compensatory amount shall, where
appropriate, be converted into the currency of the           1 . The French intervention agency shall be respon­
Member State in which the invitation to tender is            sible for organizing the invitation to tender provided
issued using :                                               for by this Regulation .
— in the case when the currencies concerned are              2.     It shall forthwith communicate to the Commis­
     kept at any given moment within a band of               sion the list of firms which have responded to the invi­
     2-25 % , a conversion rate resulting from their         tation to tender, specifying the terms of each tender,
     central rate,                                           together with the name and business name of the
— in other cases, the average of the spot rates of the       successful tenderer.
     currencies concerned recorded in the Member
     State in which the invitation to tender is issued       3 . Where the customs export formalities for the
    during a period from the Wednesday of one week           mobilized product are completed in a Member State
     to the Tuesday of the following week being the          other than that in which the invitation to tender is
     period immediately preceding the closing date for       issued, the intervention agency of the latter Member
    submission of tenders .                                  State shall be responsible for the operations following
                                                             tendering, including payment to the successful ten­
                        Article 4                           derer.
The contract shall be awarded to the tenderer offering       In such case, the intervention agency choosing the
the best terms, taking into consideration the adjust­       successful tenderer shall immediately inform the inter­
ment referred to in Article 3 (3).                          vention agency of the Member State concerned and
 ---pagebreak--- 22 . 4 . 78                        Official Journal of the European Communities                               No L 108/ 13
shall supply it with all the information which it may         5. When the intervention agency responsible for
require.                                                      the operations relating to tendering is not the interven­
                                                              tion agency which appoints the successful tenderer, it
Furthermore, the amount of the successful tender
                                                              shall send as soon as possible to the latter the informa­
shall be paid after it has been converted using the           tion necessary for releasing the security.
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                                       Article 8
relating to the tendering are completed.
4. - The intervention agency shall request the                As regards this tender, the intervention agency is auth­
successful tenderer to supply the following informa­          orized to make an initial payment of 80 % of the
tion :                                                        value of the quantity given in the bill of lading, on
                                                              presentation of that document and subject to the
(a) after each shipment a certificate showing the quan­       taking of a security for an amount equal to the initial
     tities dispatched and the quality of the products ;      payment.
(b) the date of departure of the ships ;
(c) all possible contingencies which might occur                                           Article 9
    during transportation of the products.
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, 21 April 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                             Vice-President
                                                         ANNEX
                 Number
                                       Port of unloading         Minimum rate of unloading        Tonnage cif
                  of tot
                    1
                    2
                           Nouadhibou
                           Nouakchott                         | Customs of the port                 2 000
                                                                                                    5 000