31978R2697
No L 324/ 16 18 . 11 . 78 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 2697 /78 of 17 November 1978 opening a new invitation to tender for the mobilization of maize as food aid for the League of Red Cross Societies
THE COMMISSION OF THE EUROPEAN Whereas the contract should be awarded to the COMMUNITIES, tenderer offering the best terms ;
Having regard to the Treaty establishing the European Whereas in case it should be impossible for reasons of Economic Community, force majeure to complete the operation in question within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza tion of the market in cereals ( J), as last amended by Whereas provision should be made for security to be Regulation (EEC) No 1 254/78 (2), given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi Whereas the French intervention agency should be tions for the mobilization of cereals as food aid (3), and made responsible for the tendering procedure in ques in particular Article 6 thereof, tion ;
Whereas on 8 February 1977 the Council of the Euro Whereas the Commission must be informed quickly pean Communities declared that by way of Commu of the tenders submitted in response to the invitation nity action it proposed to grant the League of Red and of those accepted by the intervention agency ; Cross Societies 354 tonnes of maize under its 1976/77 food-aid programme ; Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis Whereas pursuant to Article 3 (3) of Council Regula aged should be adopted in accordance with the condi tion (EEC) No 2750/75 the goods may be purchased tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the anywhere on the Community market ; exchange rates to be applied for the purposes of the common agricultural policy (5), as last amended by Whereas the invitation to tender opened in the Regulation (EEC) No 2543/73 (6), and in particular Community under Commission Regulation (EEC) No Article 3 thereof ; 2391 /78 of 13 October 1978 opening an invitation to tender for the mobilization of maize as food aid for the League of Red Cross Societies (4) was not allo Whereas the measures provided for in this Regulation cated ; whereas a new invitation to tender should there are in accordance with the opinion of the Mangement fore be opened ; Committee for Cereals,
Whereas the proposed invitation to tender should be for supply of the products delivered Bissau, that is at the moment when the goods are actually placed on HAS ADOPTED THIS REGULATION : the dock or in the lighter where applicable ;
Whereas tenders may be submitted by tenderers esta Article 1 blished in any Member State of the Community and may relate to products mobilized anywhere within 1 . Tenders are hereby invited for the supply by way those Member States ; whereas, in view of the currency of Community food-aid action to the League of Red situation in the Member States and in order to ensure Cross Societies of 354 tonnes of maize . that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 2. The tendering procedure shall take place in curency situation in the Member State in which the France in one lot. The product shall be mobilized on customs export formalities will be completed ; the Community market. The product shall be loaded for departure from any Community port. (!) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6. 1978 , p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No 106, 30 . 10. 1962, p. 2553/62. («) OJ No L 288 , 14. 10. 1978 , p. 22. (') OJ No L 263, 19 . 9 . 1973, p. 1 .
18 . 11 . 78 No L 324/ 17 Official Journal of the European Communities
3. The invitation to tender provided for in para The monetary compensatory amount shall, where graph 1 is for supply of products delivered Bissau, that appropriate, be converted into the currency of the is at the moment when the goods are actually placed Member State in which the invitation to tender is on the dock or in the lighter where applicable. issued using :
4. The successful tenderer shall deliver the product — in the case when the currencies conerned are kept specified in paragraph 1 in new jute sacks of a net at any given moment within a band of 2-25 % , a capacity of 50 kilograms . conversion rate resulting from their central rate, — in the other cases, the average of the spot rates of Minimum weight of the sacks shall be 600 grams. The the currencies concerned recorded in the Member following shall be printed on the sacks : State in which the invitation to tender is issued during a period from the Wednesday of one week 'Milho / Dom da Comunidade economica europeia / to the Tuesday of the following week being the Ac^ào de ajuda alimentar da Caritas germànica / period immediately preceding the closing date for Bissau'. submission of tenders. To allow for the possibility of re-bagging the successful tenderer shall supply 2 % of new empty sacks of the same quality as those containing the Article 4 goods but with the printing followed by a capital letter 'R'. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust ment referred to in Article 3 (3). Article 2
However, if the tenders submitted do not appear to 1 . The decision on tenders received in response to reflect normal market prices and costs, the interven the invitation provided for in Article 1 shall be taken tion agency may cancel the invitation to tender. on 1 December 1978 .
2. The closing date for submission of tenders shall be 1 December 1978 at 12 noon . Article 5
3 . The notice of invitation to tender shall be 1 . The tenderer shall give security of a value of five published in the Official Journal of the European units of account per tonne of goods. Communities not less than nine days before the closing date for submission of tenders. It shall be released :
— in the case of all tenderers whose tenders are Article 3 unsuccessful or are not accepted, — in the case of the successful tenderer, when the 1 . The prices offered must be expressed in the currency of the Member State in which the invitation operations concerned have been carried out within to tender was issued . the prescribed time limit and on submission of the original export licence duly granted and 2. Tenders must in particular mention the Member endorsed by the competent authorities of the State in which the tenderer, in the event of his being Member State mentioned in the tender pursuant to Article 3 (2), declared successful, expects to complete the customs export formalities for the products concerned. — in the case of the successful tenderer for quantities not supplied by reason of force majeure. 3. For the purpose of rendering the tenders compar able, the prices shall be corrected by the monetary 2. The security required under paragraph 1 may be compensatory amount applicable on the closing date provided in the form of a cash deposit or of a for submission of tenders to exports from the Member guarantee issued by a credit institution conforming to State mentioned in the tender pusuant to paragraph 2. criteria laid down by each Member State . Such correction shall be made by : Article 6 — increasing prices which mention a Member State whose currency has depreciated or a new Member The product referred to in Article 1 must be of fair State, and sound merchantable quality and correspond at — reducing prices which mention a Member State least to the standard quality for which the interven whose currency has been revalued. tion price is fixed.
No L 324/ 18 18 . 11 . 78 Official Journal of the European Communities
If the product does not meet these requirements it (a) after each shipment, a statement giving details of shall be refused . the quantities loaded, the quality of the products and the type of packing ; Article 7 (b) the date of the departure of the ships ; the esti mated date of arrival of the products at their desti 1 . The French intervention agency shall be respon nation ; sible for organizing the invitation to tender provided for by this Regulation . (c) all possible contingencies which might occur during transportation of the products. 2. It shall forthwith communicate to the Commis sion the list of firms which have responded to the invi The information indicated above shall be forwarded tation to tender, specifying the terms of each tender, by the intervention agency to the Commission together with the name and business name of the immediately upon receipt. successful tenderer. 3. Where the customs export formalities for the 5. When the intervention agency responsible for mobilized product are completed in a Member State the operations relating to tendering is not the intervene other than that in which the invitation to tender is tion agency which appoints the successful tenderer, it issued, the intervention agency of the latter Member shall send as soon as possible to the latter the informa State shall be responsible for the operations following tion necessary for releasing the security. tendering, including payment to the successful tenderer. Article 8 In this case, the intervention agency choosing the successful tenderer shall immediately inform the inter vention agency of the Member State concerned and As regards this tender, the intervention agency is auth shall supply it with all the information which it may orized to make an initial payment of 80 % of the require. value of the quantity given in the bill of lading, on presentation of a copy of that document and subject Furthermore, the amount of the successful tender to the taking of a security for an amount equal to the shall be paid after it has been converted using the initial payment. 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 9 relating to the tendering are completed.
4. The intervention agency shall request the This Regulation shall enter into force on the day of its successful tenderer to supply the following informa publication in the Official Journal of the European tion : Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 17 November 1978 .
For the Commission
Finn GUNDELACH Vice-President