31978R1656
No L 192/ 24 15 . 7 . 78 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 1656/78 of 14 July 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the Kingdom of Lesotho
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 1254/78 0, 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 No 129 on the value of the unit of account and the 2750/75 of 29 October 1975 laying down the condi 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 Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; Whereas on 30 January 1978 the Council of the Euro pean Communities declared that by way of Commu nity action it proposed to grant the Kingdom of Whereas the measures provided for in this Regulation Lesotho 1 500 tonnes of common wheat under its are in accordance with the opinion of the Manage 1977/78 food-aid programme ; ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula tion ( EEC) No 2750/75 the goods may be purchased HAS ADOPTED THIS REGULATION : anywhere on the Community market ;
Whereas the proposed invitation to tender should be Article 1 for supply of the products delivered to Maseru ;
Whereas tenders may be submitted by tenderers esta 1 . Tenders are hereby invited for the supply, by blished in any Member State of the Community and way of Community food-aid action , to the Kingdom of Lesotho of 1 500 tonnes of common wheat. 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 2. The tendering procedure shall take place in that the tenders are as comparable as possible, account France in one lot. The product shall be mobilized on should be taken of the effect on each tender of the the Community market. The product shall be loaded currency situation in the Member State in which the for departure from any Community port. 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 the products delivered to tenderer offering the best terms ; Maseru .
Whereas in case it should be impossible for reasons of 4. The successful tenderer shall deliver the product force majeure to complete the operation in question specified in paragraph 1 in new jute sacks of a net within the set time limits, it must be made clear who capacity of 50 kilograms. is to bear any costs resulting therefrom ; Minimum weight of the sacks shall be 600 grams. The Whereas provision should be made for security to be following shall be printed on the sacks : given to guarantee fulfilment of the obligations arising 'Wheat / Gift of the European Economic Community by virtue of participation in the invitation to tender ; to the Kingdom of Lesotho'. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . I1) OJ No L 156, 14. 6. 1978, p. 1 . (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. (}) OJ No L 281 , 1 . 11 . 1975, p. 89. (5 ) OJ No L 263, 19. 9 . 1973, p. 1 .
15 . 7 . 78 No L 192/ 25 Official Journal of the European Communities
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 of a value of five 1 . The decision on tenders received in response to units of account per tonne of goods. the invitation provided for in Article 1 shall be taken on 28 July 1978 . It shall be released : 2. The closing date for submission of tenders shall — in the case of all tenderers whose tenders are be 28 July 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 Communities not less than nine days before the operations concerned have been carried out within closing date for submission of tenders. the prescribed time limit and on submission of the original export licence duly granted and Article 3 endorsed by the competent authorities of the Member State mentioned in the tender pursuant 1 . The prices offered must be expressed in the to Article 3 (2), currency of the Member State in which the invitation to tender was issued . — in the case of the successful tenderer for quantities not supplied by reason of force majeure. 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being 2. The security required under paragraph 1 may be declared successful, expects to complete the customs provided in the form of a cash deposit or of a export formalities for the products concerned. guarantee issued by a credit institution conforming to 3. For the purpose of rendering the tenders compar criteria laid down by each Member State . able, the prices shall be corrected by the monetary 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 common wheat referred to in Article 1 to be supplied to the Kingdom of Lesotho must be of fair Such correction shall be made by : and sound merchantable quality and correspond at — increasing prices which mention a Member State least to the standard quality for which the interven whose currency has depreciated or a new Member tion price is fixed, except that the humidity shall not State, exceed 1 5*5 % and that a maximum tolerance of 3 % — reducing prices which mention a Member State of sprouted grains and 1-5 % of miscellaneous impuri whose currency has been revalued. ties shall be allowed . The monetary compensatory amount shall, where appropriate, be converted into the currency of the Article 7 Member State in which the invitation to tender is issued using : 1 . The French intervention agency shall be respon — in the case when the currencies concerned are sible for organizing the invitation to tender provided kept at any given moment within a band of for by this Regulation . 2-25 % , a conversion rate resulting from their central rate, 2 . It shall forthwith communicate to the Commis — in the other cases, the average of the spot rates of sion the list of firms which have responded to the invi the currencies concerned recorded in the Member tation to tender, specifying the terms of each tender, State in which the invitation to tender is issued together with the name and business name of the during a period from the Wednesday of one week successful tenderer. to the Tuesday of the following week being the period immediately preceding the closing date for 3. Where the customs export formalities for the submission of tenders . mobilized product are completed in a Member State other than that in which the invitation to tender is Article 4 issued, the intervention agency of the latter Member The contract shall be awarded to the tenderer offering State shall be responsible for the operations following the best terms, taking into consideration the adjust tendering, including payment to the successful ment referred to in Article 3 (3). tenderer.
NO L 192/26 Official Journal of the European Communities 15 . 7 . 78
In this case, the intervention agency choosing the The intervention agency shall transmit the informa successful tenderer shall immediately inform the inter tion provided for to the Commission as soon as it is vention agency of the Member State concerned and received . 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 Furthermore, the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid after it has been converted using the shall send as soon as possible to the latter the informa average of the spot rates referred to in the second tion necessary for releasing the security. 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 . As regards this tender the intervention agency is auth 4. The intervention agency shall request the orized to make an initial payment of 80 % of the successful tenderer to supply the following informa value of the quantity given in the bill of lading, on tion : presentation of that document and subject to the taking of a security for an amount equal to the initial (a) after each shipment a certificate showing the quan payment . tities dispatched and the quality of the products ; (b) the date of the departure of the ships ; the Article 9 expecn-d date of arrival of the products at their destination ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European during transportation of the products. Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 14 July 1978 .
For the Commission
Finn GUNDELACH Vice-President