31978R2392
14. 10 . 78 Official Journal of the European Communities No L 288 / 25
COMMISSION REGULATION ( EEC) No 2392/78 of 13 October 1978 opening an invitation to tender for the mobilization of maize meal as food aid for the Republic of Zaire
THE COMMISSION OF THE EUROPEAN Whereas provision 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 tion to tender for supplies to Zaire will be fulfilled ; Having regard to the Treaty establishing the European Economic Community, Whereas the French intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure ; 2727/75 of 29 October 1975 on the common organiza tion of the market in cereals ('), as last amended by Whereas the Commission must be informed quickly Regulation (EEC) No 1 254/78 (2), of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid (3), and whereas, in view of the urgency, the measures envis in particular Article 6 thereof, aged should be adopted in accordance with the condi tions laid down in Article 3 (2) of Council Regulation Whereas on 8 February 1977 the Council of the Euro No 129 on the value of the unit of account and the pean Communities declared that it proposed, by way exchange rates to be applied for the purposes of the of Community action, to grant 6 790 tonnes of maize common agricultural policy (4), as last amended by meal to the Republic of Zaire under its 1976/77 food Regulation (EEC) No 2543/73 (5), and in particular aid programme ; Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula Whereas the measures provided for in this Regulation tion (EEC) No 2750/75 the goods may be purchased are in accordance with the opinion of the Manage anywhere on the Community market ; ment Committee for Cereals,
Whereas the proposed invitation to tender should be for supply of the products delivered to Matadi that is at the moment when the goods are actually placed on the dock or in the lighter where applicable ; 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 to the that the tenders are as comparable as possible, account Republic of Zaire by way of Community food-aid should be taken of the effect on each tender of the action of 6 790 tonnes of maize meal . currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in Whereas the award under the invitation to tender France in five lots . The product shall be mobilized on the Community market. The product shall be loaded must be made to the tenderer offering the best terms ; for departure from any Community port.
Whereas, should force majeure make it impossible to complete the operation in question within the time 3 . The invitation to tender provided for in para limits specified, it must be made clear who is to bear graph 1 is for supply of products delivered to Matadi the liability for any resulting costs ; that is at the moment when the goods are actually placed on the dock or in the lighter where applicable. (») OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6. 1978 , p. 1 . («) OJ No 106, 30. 10. 1962, p. 2553/62. 0 OJ No L 281 , 1.11 . 1975, p. 89 . (5 ) OJ No L 263, 19. 9 . 1973, p. 1 .
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4. The product shall be delivered in new jute sacks — in the other cases, the average of the spot rates of of 50 kilograms net weight lined with sacks of six-ply the currencies concerned recorded in the Member Clupak paper. State in which the invitation to tender is issued during a period from the Wednesday of one week The following shall be printed on the sacks : to the Tuesday of the following week being the 'Semoules de maïs / Don de la Communauté écono period immediately preceding the closing date for submission of tenders . mique européenne à la république du Zaïre'.
To allow for the possibility of re-bagging, the Article 4 successful tenderer shall supply 2 % of new empty sacks of the same quality as those containing the The contract shall be awarded to the tenderer offering goods but with the printing followed by a capital the best terms, taking into consideration the adjust letter 'R\ ment referred to in Article 3 (3).
Article 2 However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven 1 . The decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided for in Article 1 shall be taken on 27 October 1978 . Article 5 2. The closing date for submission of tenders shall be 27 October 1978 at 12 noon . 1 . The tenderer shall give security in an amount of 10 units of account per tonne of the products. 3 . The notice of invitation to tender shall be published in the Official Journal of the European It shall be released : Communities not later than nine days before the — in the case of all tenderers whose tenders are closing date for submission of tenders. unsuccessful or are not accepted, — in the case of the successful tenderer, when the Article J operations concerned have been carried out within the prescribed time limit and on submission of 1 . The prices offered must be expressed in the the original export licence, duly granted and currency of the Member State in which the invitation to tender was issued . endorsed by the competent authorities of the Member State mentioned in the tender pursuant 2. Tenders must in particular mention the Member to Article 3 (2), State in which the tenderer, in the event of his being — in the case of the successful tenderer for quantities declared successful, expects to complete the customs not supplied by reason of force majeure. export formalities for the products concerned. 2. The security xequired under paragraph 1 may be 3. For the purpose of rendering the tenders compar provided in the form of a cash deposit or of a able, the prices shall be corrected by the monetary guarantee issued by a credit institution conforming to compensatory amount applicable on the closing date criteria laid down by each Member State . for submission of tenders to exports from the Member State mentioned in the tender pursuant to para graph 2. Article 6
Such correction shall be made by : The product referred to in Article 1 must meet the following requirements : — increasing prices which mention a Member State whose currency has depreciated or a new Member — moisture content : 13% maximum , State, — acidity : 0-6 % maximum, — reducing prices which mention a Member State — fat content : 1 -5 % maximum . whose currency has been revalued.
The monetary compensatory amount shall, where Products not meeting these requirements shall be refused . appropriate, be converted into the currency of the Member State in which the invitation to tender is issued using : Article 7 — in the case when the currencies concerned are kept at any given moment within a band of 1 . The French intervention agency shall be respon 2-25 % , a conversion rate resulting from their sible for organizing the invitation to tender provided central rate, for by this Regulation .
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2. It shall forthwith communicate to the Commis (b) the date of the departure of the ships, the esti sion the list of firms which have responded to the invi mated date of arrival of the products at their desti tation to tender, specifying the terms of each tender, nation ; together with the name and business name of the (c) all possible contingencies which might occur successful tenderer. during transportation of the products. 3 . Where the customs export formalities for the The information indicated above shall be forwarded mobilized product are completed in a Member State other than that in which the invitation to tender is by the intervention agency to the Commission imme diately upon receipt. issued, the intervention agency of the latter Member State shall be responsible for the operations following 5. When the intervention agency responsible for tendering, including payment to the successful ten derer. the operations relating to tendering is not the interven tion agency which appoints the successful tenderer, it In such case , the intervention agency choosing the shall send as soon as possible to the latter the informa successful tenderer shall immediately inform the inter tion necessary for releasing the security. vention agency of the Member State concerned and shall supply it with all the information which it may Article 8 require.
Furthermore, the amount of the successful tender As regards this tender the intervention agency is auth shall be paid after it has been converted using the orized to make an initial payment of 80 % of the average of the spot rates referred to in the last subpara value of the quantity given in the bill of lading on graph of Article 3 (3) to the tenderer in the currency presentation of that document and subject to the of the Member State in which the operations relating taking of a security for an amount equal to the initial to the tendering are completed . payment.
4. The intervention agency shall request the successful tenderer to supply the following informa Article 9 tion : (a) after each shipment, a statement giving details of This Regulation shall enter into force on the day of its the quantities loaded, the quality of the products publication in the Official Journal of the European and the type of packing ; Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 13 October 1978 .
For the Commission
Finn GUNDELACH Vice-President