lagen.nu
31978R2515

31978R2515

CELEX
31978R2515
Datum
1978-10-27
Källa
eur-lex.europa.eu
Rättsakten gäller inte längreEUR-Lex anger att rättsakten upphörde att gälla 1978-11-10.

No L 301 / 12 Official Journal of the European Communities 28 . 10 . 78

COMMISSION REGULATION (EEC) No 2515/78

of 27 October 1978

opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Cape Verde

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 tion to tender 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 in ques­ tion ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals (!), as last amended by Regulation (EEC) No 1 254/78 (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 No 129 on the value of the unit of account and the pean Communities declared that by way of Commu­ nity action it proposed to grant the Republic of Cape exchange rates to be applied for the purposes of the Verde 2 000 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 the proposed invitation to tender should be for supply of the products placed on the quay at the port of unloading ; HAS ADOPTED THIS REGULATION :

Whereas tenders may be submitted by tenders 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 Cape Verde by way of Community food­ should be taken of the effect on each tender of the aid action of 2 000 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 any Community port. best terms ;

3. The invitation to tender provided for in para­ Whereas, should force majeure make it impossible to graph 1 is for supply of products delivered on the complete the operation in question within the set quay of the port of Mindelo. time limits, it should be made clear who is to bear the liability for any resulting costs ; 4. The product shall be delivered in bulk. (!) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) 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 .

28 . 10 . 78 No L 301 / 13 Official Journal of the European Communities

Article2

1 . The decision on tenders received in response to 1 . The tenderer shall give security in an amount of the invitation provided for in Article 1 shall be taken five units of account per tonne of goods. on 10 November 1978 . It shall be released : 2. The closing date for submission of tenders shall — in the case of all tenderers whose tenders are be 10 November 1978 , at 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 Member State mentioned in the tender pursuant Article 3 to Article 3 (2), — in the case of the successful tenderer for quantities 1 . The prices offered must be expressed in the 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 provided in the form of a cash deposit or of a 2. Tenders must in particular mention the Member guarantee issued by a credit institution conforming to State in which the tenderer, in the event of his being criteria laid down by each Member State . declared successful, expects to complete the customs export formalities for the products concerned. Article 6 3. For the purpose of rendering the tenders compar­ The common wheat referred to in Article 1 must be able, the prices shall, where appropriate, be corrected of fair and sound merchantable quality and corres­ by the monetary compensatory amount applicable on pond at least to the standard quality for which the the closing date for submission of tenders to exports intervention price is fixed, except that the moisture from the Member State mentioned in the tender content shall not exceed 1 5-5 % and that a maximum pursuant to paragraph 2. of 3 % of sprouted grains and 1-5 % of miscellaneous Such correction shall be made by : impurities shall be allowed.

— increasing prices which mention a Member State Article 7 whose currency has depreciated, — reducing prices which mention a Member State 1 . The French intervention agency shall be respon­ whose currency has been revalued. sible for organizing the invitation to tender provided for by this Regulation. Such monetary compensatory amount shall, where 2 . It shall forthwith communicate to the Commis­ appropriate, be converted into the currency of the Member State in which the invitation to tender is sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, issued using : together with the name and business name of the — in the case when the currencies concerned are successful tenderer. kept at any given moment within a band of 2-25 % , a conversion rate resulting from their 3 . Where the customs export formalities for the central rate, mobilized product are completed in a Member State other than that in which the invitation to tender is — in other cases, the average of the spot rates of the issued, the intervention agency of the latter Member currencies concerned recorded in the Member State in which the invitation to tender is issued State shall be responsible for the operations following tendering, including payment to the successful during a period from the Wednesday of one week tenderer. to the Tuesday of the following week being the period immediately preceding the closing date for In such case, the intervention agency choosing the submission of tenders . successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and Article 4 shall supply it with all the information which it may require. The contract shall be awarded to the tenderer offering Furthermore, the amount of the successful tender the best terms, taking into consideration the adjust­ shall be paid after it has been converted using the ment referred to in Article 3 (3). average of the spot rates referred to in the second However, if the tenders submitted do not appear to subparagraph of Article 3 (3) to the tenderer in the reflect normal market prices and costs, the interven­ currency of the Member State in which the operations tion agency may cancel the invitation to tender. relating to the tendering are completed.

No L 301 / 14 Official Journal of the European Communities 28 . 10 . 78

4. The intervention agency shall request the shall send as soon as possible to the latter the informa­ successful tenderer to supply the following informa­ tion necessary for releasing the security. 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 departure of the ships ; orized to make an initial payment of 80 % of the value of the quantity given in the bill of lading, on (c) all possible contingencies which might occur presentation of that document and subject to the during transportation of the products. taking of a security for an amount equal to the initial The information indicated above shall be forwarded payment. by the intervention agency to the Commission imme­ diately upon receipt. Article 9

5. When the intervention agency responsible for This Regulation shall enter into force on the day of its the operations relating to tendering is not the interven­ publication in the Official Journal of the European tion agency which appoints the successful tenderer, it Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 27 October 1978 .

For the Commission

Finn GUNDELACH

Vice-President