CELEX: 31978R0277
Language: en
Date: 1978-02-10 00:00:00
Title: Commission Regulation (EEC) No 277/78 of 10 February 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Lebanon

No L 41 / 14                           Official Journal of the European Communities                            11 . 2. 78
                                   COMMISSION REGULATION (EEC) No 277/78
                                                     of 10 February 1978
               opening an invitation to tender (or the mobilization of common wheat as food
                                              aid for the Republic of Lebanon
 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 2560/77 (2),                                  and of those accepted by the intervention agency ;
 Havning 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
 Lebanon , 8 880 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
                                                                   Lebanon, of 8 880 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 Beirut.
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 . 11 . 1975, p. 1 .
(2) OJ No L 303, 28 . 11 . 1977, p. 1 .                           («) 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---  11 . 2. 78                        Official Journal of the European Communities                         No L 41 / 15
                        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 24 February 1978 .
                                                                                       Article 5
 2. The closing date for submission of tenders shall
 be 24 February 1978 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 sucurity 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
Such correction shall be made by :
                                                             pond at least to the standard quality for which the
                                                             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
                                                             tenderer.
                        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 41 / 16                       Official Journal of the European Communities                              11 . 2. 78
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 second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (3) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security.
relating 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, 10 February 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President