31979R2905
22 . 12 . 79 No L 326/21 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 2905 /79 of 21 December 1979 opening an invitation to tender for the mobilization of maize meal as food aid for Caritas
THE COMMISSION OF THE EUROPEAN should be taken of the effect on each tender of the COMMUNITIES, currency situation in the Member State in which the customs export formalities will be completed ; Having regard to the Treaty establishing the European Economic Community, Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza Whereas, should force majeure make it impossible to tion of the market in cereals ('), as last amended by complete the operation in question within the time Regulation (EEC) No 1547/79(2), limits specified, it must be made clear who is to bear the liability for any resulting costs ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi Whereas provision should be made for security to be tions for the mobilization of cereals as food aid (3), and given for the purpose of guaranteeing that the obliga in particular Article 6 thereof, tions arising by virtue of participation in the invita tion to tender will be fulfilled ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas the French intervention agency should be be applied for the purposes of the common agricul made responsible for the tendering procedure ; tural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof, Whereas the Commission must . be informed quickly of the tenders submitted in response to the invitation Having regard to the opinion of the Monetary Com and of those accepted by the intervention agency ; mittee,
Whereas the measures provided for in this Regulation Whereas on 30 January 1978 the Council of the Euro are in accordance with the opinion of the Manage pean Communities declared that it proposed, by way ment Committee for Cereals, of Community action, to grant 222 tonnes of maize meal to Caritas under its 1977/78 food-aid programme ;
HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;
Article 1 Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of 1 . Tenders are hereby invited for the supply to the vessel, the goods to be set down at the place nomi Caritas, by way of Community food-aid action, of 222 nated by the recipient or its agent ; tonnes of maize meal .
Whereas tenders may be submitted by tenderers esta blished in any Member State of the Community and 2. The tendering procedure shall take place in France in one lot. The product shall be mobilized on may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency the Community market. The product shall be loaded situation in the Member States and in order to ensure for the departure from any Community port. that the tenders are as comparable as possible, account 3. The goods must be set down at the port of ship (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . ment in the vicinity of the vessel at the place nomi (2 ) OJ No L 188 , 26. 7 . 1979, p. 1 . nated by the recipient country or its agent, the timing 3 ) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No 106, 30 . 10 . 1962, p. 2553/ 62. of delivery being settled by the tenderer and the recip (5) OJ No L 263, 19 . 9 . 1973, p. 1 . ient country's agent.
No L 326/22 22 . 12 . 79 Official Journal of the European Communities
The successful tenderer shall deliver the product speci — in the other cases, the average of the spot rates of fied in paragraph 1 in new jute sacks lined with the currencies concerned recorded in the Member State in which the invitation to tender is issued cotton sacks of a net capacity of 50 kilograms. 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 period immediately preceding the closing date for 'Maize meal / Gift of the European Economic submission of tenders . Community to Caritas / For free distribution in Uganda / Via Mombasa'. Article 4 To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty The contract shall be awarded to the tenderer offering sacks of the same quality as those containing the the best terms, taking into consideration the adjust goods but with the printing followed by a capital ment referred to in Article 3 (3). letter 'R'. However, if the tenders submitted do not appear to Article 2 reflect normal market prices and costs, the interven tion agency may cancel the invitation to tender. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Article 5 on 11 January 1980 .
1 . The tenderer shall give security in an amount of 2. The closing date for submission of tenders shall be 11 January 1980 at 12 noon . 12 ECU per tonne of the products.
3 . The notice of invitation to tender shall be It shall be released : published in the Official Journal of the European — in the case of all tenderers whose tenders are Communities not later than nine days before the unsuccessful or are not accepted, closing date for submission of tenders . — in the case of the successful tenderer, when the operations concerned have been carried out within Article 3 the prescribed time limit and on submission of the original export licence, duly granted and 1 . The prices offered must be expressed in the endorsed by the competent authorities of the currency of the Member State in which the invitation Member State mentioned in the tender pursuant to tender was issued . to Article 3 (2), — in the case of the successful tenderer for quantities 2. Tenders must in particular mention the Member not supplied by reason of force majeure. State in which the tenderer, in the event of his being declared successful, expects to complete the customs 2. The security required under paragraph 1 may be export formalities for the products concerned . provided in the form of a cash deposit or of a 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. Such correction shall be made by : The product referred to in Article 1 must meet the — increasing prices which mention a Member State following requirements : whose currency has depreciated , — moisture content : maximum 13% , — reducing prices which mention a Member State — acidity : 0-6 % maximum . whose currency has been revalued .
Products not meeting these requirements shall be The monetary compensatory amount shall , where 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 .
22. 12 . 79 Official Journal of the European Communities No L 326/ 23
2 . It shall forthwith communicate to the Commis (a) after each shipment, a statement giving details of sion the list of firms which have responded to the invi the quantities loaded, the quality of the products tation to tender, specifying the terms of each tender, and the type of packing ; together with the name and business name of the (b) the date of the departure of the ships. successful tenderer. The information indicated above shall be forwarded 3 . Where the customs export formalities for the by the intervention agency to the Commission mobilized product are completed in a Member State immediately upon receipt. other than that in which the invitation to tender is 5. When the intervention agency responsible for issued, the intervention agency of the latter Member the operations relating to tendering is not the interven State shall be responsible for the operations following tion agency which appoints the successful tenderer, it tendering, including payment to the successful shall send as soon as possible to the latter the informa tenderer. tion necessary for releasing the security. In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter Article 8 vention agency of the Member State concerned and On delivery of the goods at the port of shipment, a shall supply it with all the information which it may handing-over certificate shall be supplied to the require . successful tenderer, acting as agent for the Commu Furthermore, the amount of the successful tender nity, by the agent of the recipient country or, in the shall be paid after it has been converted using the absence of the latter, by the intervention agency of the average of the spot rates referred to in the second Member State in whose territory the port of shipment subparagraph of Article 3 (3) to the tenderer in the is situated . currency of the Member State in which the operations relating to the tendering are completed . Article 9
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, 21 December 1979 . For the Commission
Finn GUNDELACH Vice-President