CELEX: 31977R1753
Language: en
Date: 1977-07-29 00:00:00
Title: Commission Regulation (EEC) No 1753/77 of 29 July 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Zambia

No L 191 / 68                            Official Journal of the European Communities                                30 . 7. 77
                                    COMMISSION REGULATION (EEC) No 1753/77
                                                         of 29 July 1977
              opening an invitation to tender for the mobilization of common wheat as food
                                                aid for the Republic of Zambia
THE COMMISSION OF THE EUROPEAN                                      Whereas the Belgian 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 3138 /76 (2),                                   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
2750/75 of 29 October 1975 laying down the condi­                   No 129 on the value of the unit of account and the
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
Whereas on 8 February 1977 the Council of the Euro­                 Article 3 thereof ;
pean Communities declared that by way of Commu­
nity action it proposed to grant the Republic of                    Whereas the measures provided for in this Regulation
Zambia 6 000 tonnes of common wheat under the
                                                                    are in accordance with the opinion of the Manage­
 1976/77 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
anywhere on the Community market ;                                  HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products delivered in the ship's hold                                         Article 1
at the port of unloading ;
                                                                    1 . Tenders are hereby invited for the supply, by
Whereas tenders may be submitted by tenderers esta­
                                                                    way of Community food-aid action, to the Republic of
blished in any Member State of the Community and                    Zambia of 6 000 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
                                                                    Belgium in 1 lot.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
                                                                    3 . The products shall be mobilized on the Commu­
currency situation in the Member State in which the
                                                                    nity market.
customs export formalities will be completed ;
Whereas    the  contract should           be  awarded  to  the      4.     Shipment shall be from a Community port.
tenderer offering the best terms ;
                                                                    5 . The invitation to tender provided for in para­
Whereas in case it should be impossible for reasons of             graph 1 is for supply of products delivered in the
force majeure to complete the operation in question                 ship's hold at the port of unloading (Dar-Es-Salaam).
within the set time limits , it must be made clear who              The recipient county shall bear all costs subsequent to
is to bear any costs resulting therefrom ;                          delivery of the goods, including unloading costs (such
                                                                    as unstowing, hoisting and reception) and any light­
Whereas provision should be made for security to be                 erage costs .
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender              Any demurrage costs or dispatch money at the port of
for the supply of wheat to the Republic of Zambia ;                 unloading shall be a charge on or for the benefit of
                                                                    the recipient country.
(■) OJ No L 281 , 1 . 11 . 1975, p . 1 .
(2 ) OJ No L 354, 24 . 12 . 1976, p . 1 .                           (4 ) OJ No 106 , 30 . 10 . 1962, p . 2553 / 62 .
(3 ) OJ No L 281 , 1 . 11 . 1975 , p . 89 .                         (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- 30 . 7 . 77                         Official Journal of the European Communities                          No L 191 /69
6.    The     successful   tenderer   shall  deliver  the          2-25 % , a conversion rate resulting from their
products specified in paragraph 1 in new jute sacks of             central rate,
a net capacity of 50 kilograms.                                — in the other cases, the average of the spot rates of
                                                                   the currencies concerned recorded in the Member
Minimum weight of the sacks shall be 600 grams. The                State in which the invitation to tender is issued
following shall be printed on the sacks :
                                                                   during a period from the Wednesday of one week
'Common wheat / Gift of the European Economic                      to the Tuesday of the following week being the
Community to Zambia / For free distribution .'                     period immediately preceding the closing date for
                                                                   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 12 August 1977.
2. The closing date for the receipt of tenders shall                                   Article 5
be 12 August 1977 at 12 noon .
                                                               1 . The tenderer shall give security in an amount of
3.     The   notice  of  invitation  to  tender shall  be      five units of account per tonne of goods.
published in the Official Journal of the European
Communities not less than nine days before the                 It shall be released :
closing date for submission of tenders.                        — in the case of all tenderers whose tenders are
                                                                   unsuccessful or are not accepted,
                         Article 3
                                                               — in the case of the successful tenderer, when the
 1 . The prices , offered must be expressed in the                 operations concerned have been carried out within
currency of the Member State in which the invitation               the prescribed time limit and on submission of
to tender was issued .                                             the original export licence duly granted and
                                                                   endorsed by the competent authorities of the
2. Tenders must in particular mention the Member                   Member State mentioned in the tender pursuant
State in which the tenderer, in the event of his being             to Article 3 (2),
declared successful, expects to complete the customs           — in the case of the successful tenderer, for quanti­
export formalities for the products concerned .                    ties not supplied by reason of force majeure.
3 . For the purpose of rendering the tenders compar­           2. The security required under paragraph 1 may be
able, the prices shall , where appropriate, be corrected       provided in the form of a cash deposit or of a
by the monetary compensatory amount and the acces­             guarantee issued by a credit institution conforming to
sion compensatory amount applicable on the closing             criteria laid down by each Member State.
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to
paragraph 2.                                                                           Article 6
Such correction shall be made by :                             The common wheat referred to in Article 1 to be
                                                               supplied to the Republic of Zambia must be of fair
— increasing prices which mention a Member State               and sound merchantable quality and correspond at
     whose currency has depreciated or a new Member            least to the standard quality for which the interven­
     State ,                                                   tion price is fixed, except that the moisture content
                                                               shall not exceed 14-5 % and that a maximum of 3 %
— reducing prices which mention a Member State
     whose currency has been revalued .                        of sprouted grains and 1 -5 % of miscellaneous impuri­
                                                               ties shall be allowed .
The monetary compensatory amount shall , where
appropriate, be converted into the currency of the
Member State in which the invitation to tender is                                      Article 7
issued using :
                                                               1 . The Belgian intervention agency shall be respon­
— in the case when the currencies concerned are                sible for operations relating to the invitation to tender
     kept at any given moment within a band of                 provided for by this Regulation .
 ---pagebreak--- No L 191 /70                       Official Journal of the European Communities                               30 . 7. 77
2.    It shall forthwith communicate to the Commis­           (b) the date of the departure of the ships ; the
sion the list of firms which have responded to the invi­          expected date of arrival of the products at their
tation to tender, specifiying the terms of each tender,           destination ;
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
mobilized product are completed in a Member State             The intervention agency shall transmit the informa­
other than that in which the invitation to tender is          tion provided for to the Commission as soon as it is
                                                              received .
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                the operations relating to tendering is not the interven­
tenderer.
                                                              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 second           value of the quantity given in the bill of lading, on
subparagraph of Article 3 (3) to the tenderer in the          presentation of that document and subject to the
currency of the Member State in which the operations          taking of a security for an amount equal to the initial
relating to the tendering are completed.                      payment.
4. The intervention agency shall ask that the
                                                                                       Article 9
tenderer specifies the following information :
(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 their packaging ;                                     Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 29 July 1977.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President