CELEX: 31977R2055
Language: en
Date: 1977-09-16 00:00:00
Title: Commission Regulation (EEC) No 2055/77 of 16 September 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Ghana

No L 239 / 6                              Official Journal of the European Communities                              17 . 9 . 77
                                       COMMISSION REGULATION ( EEC) No 2055/77
                                                         of 16 September 1977
                 opening an invitation to tender for the mobilization of common wheat as food
                                                    aid for the Republic of Ghana
 THE COMMISSION OF THE EUROPEAN                                        tions arising by virtue of participation in the invita­
 COMMUNITIES,                                                          tion to tender will be fulfilled ;
 Having regard to the Treaty establishing the European                 Whereas the French intervention agency should be
  Economic Community,                                                  made responsible for the tendering procedure in ques­
                                                                       tion ;
 Having regard to Council Regulation ( EEC) No
 2727/75 of 29 October 1975 on the common organiza­                    Whereas the Commission must be informed quickly
 tion of the market in cereals ('), as last amended by                 of the tenders submitted in response to the invitation
 Regulation ( EEC) No 1 386/77 (^),                                    and of those accepted by the intervention agency ;
 Having regard to Council Regulation ( EEC) No                         Whereas the Monetary Committee will be consulted ;
 2750/75 of 29 October 1975 laying down the condi­                     whereas, in view of the urgency, the measures envis­
 tions for the mobilization of cereals as food aid (3), and            aged, should be adopted in accordance with the condi­
 in particular Article 6 thereof,                                      tions laid down in Article 3 (2) of Council Regulation
                                                                       No 129 on the value of the unit of account and the
 Whereas on 8 February 1977 the Council of the Euro­                   exchange rates to be applied for the purposes of the
 pean Communities declared that by way of Commu­                       common agricultural policy (4), as last amended by
 nity action it proposed to grant the Republic of                      Regulation ( EEC) No 2543/73 (5), and in particular
 Ghana 5 000 tonnes of common wheat under the                          Article 3 thereof ;
  1976/77 food-aid programme ;
                                                                       Whereas the measures provided for in this Regulation
 Whereas pursuant to Article 3 (3) of Council Regula­                  are in accordance with the opinion of the Manage­
 tion ( EEC) No 2750/75 the goods may be purchased                     ment Committee for Cereals,
 anywhere on the Community market ;
 Whereas the proposed invitation to tender should be
 for supply of the products delivered in the ship's hold               HAS ADOPTED THIS REGULATION :
 at the port of unloading ;
 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
 those Member States ; whereas, in view of the currency                 1 . Tenders are hereby invited for the supply, by
 situation in the Member States and in order to ensure                 way of Community food-aid action to the Republic of
                                                                       Ghana , of 5 000 tonnes of common wheat .
 that the tenders are as comparable as possible, account
 should be taken of the effect on each tender of the
 currency situation in the Member State in which the                   2. The tendering procedure shall take place in
 customs export formalities will be completed ;                        France in one lot. The product shall be mobilized on
                                                                       the Community market. The product shall be loaded
 Whereas the award under the invitation to tender                      for departure from any Community port.
 must be made in favour of the tenderer offering the
 best terms ;                                                          3 . The invitation to tender provided for in para­
                                                                      graph 1 is for supply of products removed from the
 Whereas, should force majeure make it impossible to                   ship's hold at the port of Tema .
 complete the operation in question within the set
 time limits , it should be made clear who is to bear the             The recipient country shall bear all costs subsequent
 liability for any resulting costs ;                                   to delivery of the goods, including unloading costs
                                                                      (such as unstowing, hoisting and reception) and any
Whereas provisions should be made for security to be                   lighterage costs .
given for the purpose of guaranteeing that the obliga­
                                                                       4.     The product shall be delivered in bulk .
(') OJ No L 281 , 1 . i 1 . 1975 , p . 1 .
(-') OJ No L 158 , 29 . 6 . 1977, p . 1 .                             (4 ) OJ No 106, 30 . 10 . 1962, p . 2553 / 62 .
(3 ) OJ No L 281 , 1 . 1 1 . 1975 , p . 89 .                          ( 5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak---   17 . 9 . 77                        Official Journal of the European Communities                           No L 239 /7
                          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 30 September 1977.
                                                                                         Article 5
  2. The closing date for submission of tenders shall
  be 30 September 1977 at 12 noon .                              1.    The tenderer shall give security in an amount of
                                                                five units of account per tonne of goods .
  3.    The    notice of  invitation to   tender  shall be
                                                                It shall be released :
  published in the Official Journal of the European
  Communities not less 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 3                                  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                endorsed by the competent authorities of the
 to tender was issued .                                              Member State mentioned in the tender pursuant
                                                                     to Article 3 (2),
 2.     Tenders must in particular mention the Member          — in the case of the successful tenderer for quantities
 State in which the tenderer, in the event of his being              not supplied by reason of force majeure.
 declared successful , expects to complete the customs
 export formalities for the products concerned .               2.      The security required under paragraph 1 may be
                                                               provided in the form of a cash deposit or of a
 3.      For the purpose of tendering the tenders compar­      guarantee issued by a credit institution conforming to
 able, the prices shall , where appropriate, be corrected      criteria laid down by each Member State .
 by the monetary compensatory amount and the acces­
 sion compensatory amount applicable on the closing
                                                                                         Article 6
 date for submission of tenders to exports from the
 Member State mentioned in the tender pursuant to              The common wheat referred to in Article 1 must be
 paragraph 2 .                                                 of fair and sound merchantable quality and corres­
                                                               pond at least to the standard quality for which the
 Such correction shall be made by :
                                                               intervention price is fixed , except that the moisture
 — increasing prices which mention a Member State              content shall not exceed 1 5-5 % and that a maximum
      whose currency has depreciated or a new Member           of 3 % of sprouted grains and 1-5 % of miscellaneous
      State ,                                                  impurities shall be allowed .
 — reducing prices which mention a Member State
      whose currency has been revalued .                                                 Article 7
The monetary compensatory amount shall , where                  1 . The French intervention agency shall be respon­
 appropriate , be converted into the currency of the           sible for organizing the invitation to tender provided
 Member State in which the invitation to tender is             for by this Regulation .
 issued using :
                                                               2.      It shall forthwith communicate to the Commis­
— in the case when the currencies concerned are
                                                               sion the list of firms which have responded to the invi­
      kept at any given moment within a band of                tation to tender, specifying the terms of each tender,
      2 25 % , a conversion rate resulting from their          together with the name and business name of the
      contract rate ,                                          successful tenderer.
-— in the other cases, the average of the spot rates of
      the currencies concerned recorded in the Member          3.      Where the customs export formalities for the
      State in which the invitation to tender is issued        mobilized product are completed in a Member State
                                                               other than that in which the invitation to tender is
      during a period from the Wednesday of one week
      to the Tuesday of the following week being the           issued, the intervention agency of the latter Member
      period immediately preceding the closing date for        State shall be responsible for the operations following
      submission of tenders .                                  tendering, including payment to the successful tend­
                                                               erer .
                          Article 4                            In such case, the intervention agency choosing the
                                                               successful tenderer shall immediately inform the inter­
The contract shall be awarded to the tenderer offering         vention agency of the Member State concerned and
the best terms, taking into consideration the adjust­          shall supply it with all the information which it may
ment referred to in Article 3 (3).                             require .
 ---pagebreak--- No L 239/8                         Official Journal of the European Communities                              17 . 9 . 77
Furthermore, the amount of the successful tender             5. When the intervention agency responsible for
shall be paid after it has been converted using the          the operations relating to tendering is not the interven­
average of the spot rates referred to in the third subpa­    tion agency which appoints the successful tenderer, it
ragraph of Article 3 (3) to the tenderer in the currency     shall send as soon as possible to the latter the informa­
of the Member State in which the operations relating         tion necessary for releasing the security.
to the tendering are completed.
                                                                                     Article 8
4. The intervention agency shall request the
successful tenderer to supply the following informa­         As regards this tender the intervention agency is auth­
tion :                                                       orized to make an initial payment of 80 % of the
                                                             value of the quantity given in the bill of lading, on
(a) after each shipment a certificate showing the quan­
                                                             presentation of that document and subject to the
    tities dispatched and the quality of the products ;
                                                             taking of a security for an amount equal to the initial
(b) the date of departure of the ships ;                     payment .
(c) all possible contingencies which might occur
    during transportation of the products.                                           Article 9
The information indicated above shall be forwarded           This Regulation shall enter into force on the day of its
by the intervention agency to the Commission imme­           publication in the Official Journal of the European
diately upon receipt.                                         Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 16 September 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President