CELEX: 31977R1815
Language: en
Date: 1977-08-05 00:00:00
Title: Commission Regulation (EEC) No 1815/77 of 5 August 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Arab Republic of Egypt

No L 199/ 12                           Official Journal of the European Communities                              6. 8. 77
                                 COMMISSION REGULATION (EEC) No 1815/77
                                                      of 5 August 1977
              opening an invitation to tender for the mobilization of common wheat as food
                                            aid for the Arab Republic of Egypt
THE COMMISSION OF THE EUROPEAN                                    Whereas provision should be made for security to be
COMMUNITIES,                                                     given to guarantee fulfilment of the obligations arising
                                                                  by virtue of participation in the invitation to tender ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas the French intervention agency should be
                                                                  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 1386/770,                                     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 1 29 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 Arab Republic of             Regulation (EEC) No 2543/73 (5), and in particular
Egypt 100 000 tonnes of common wheat under its                    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 tenders should be invited for the supply of               HAS ADOPTED THIS REGULATION :
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;                                                     Article 1
Whereas tenders may be submitted by tenderers esta­                1 . Tenders are hereby invited for the supply by way
blished in any Member State of the Community and                  of Community food-aid action to the Arab Republic
may relate to products mobilized anywhere within                  of Egypt 100 000 tonnes of common wheat.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
                                                                  2.     Th tendering procedure shall take place in
that the tenders are as comparable as possible, account           French in 10 lots of 10 000 tonnes each.
should be taken of the effect on each tender of the
currency situation in the Member State in which the               3. The products shall be mobilized on the Commu­
customs export formalities will be completed ;                    nity market.
Whereas the contract should be awarded to the                     4.     Shipment shall be from a Community port.
tenderer offering the best terms ;
                                                                   5. The product referred to in paragraph 1 is to be
Whereas in case it should be impossible for reasons of            delivered in bulk to the port of shipment in the
force majeure to complete the operation in question               vicinity of the vessel. The goods must be set down at
within the set time limits, it must be made clear who              the place nominated by the recipient country or its
 is to bear any costs resulting therefrom ;                       agent, the timing of delivery being settled by the
                                                                   tenderer and the recipient country's agent.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 158, 29. 6. 1977, p. 1 .                              (4) OJ No 106, 30. 10. 1962, p. 2553/62.
(4) OJ No L 281 , 1 . 11 . 1975, p. 89.                           O OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- 6. 8. 77                          Official Journal of the European Communities                           No L 199/ 13
                        Article 2                                                     Article 5
1 . The decision on tenders received in response to          If the tenderer is unable to deliver the goods in
the invitation provided for in Article 1 shall be taken     compliance with Article 1 (3) on the date given in the
on 19 August 1977.                                           notice of invitation to tender as a result of the late
2. The closing date for submission of tenders shall          availability of the vessels to be used for sea transporta­
be 19 August 1977 at 12 noon.                                tion, the resulting costs shall be borne by the interven­
                                                             tion agency.
3.    The notice of invitation to tender shall be
published in the Official Journal of the European                                     Article 6
Communities not less than nine days before the
closing date for submission of tenders.                      1 . The tenderer shall give security of a value of five
                                                             units of account per tonne of goods.
                        Article 3
                                                             It shall be released :
1 . The prices offered must be expressed in the              — in the case of all tenderers whose tenders are
currency of the Member State in which the invitation
to tender was issued.                                             unsuccessful or are not accepted,
                                                             — in the case of the successful tenderer, when the
2. Tenders must in particular mention the Member                  operations concerned have been carried out within
State in which the tenderer, in the event of his being            the prescribed time limit and on submission of
declared successful, expects to complete the customs              the original export licence duly granted and
export formalities for the products concerned.                    endorsed by the competent authorities of the
3. For the purpose of rendering the tenders compar­               Member State mentioned in the tender pusuant to
able, the prices shall, where appropriate, be corrected           Article 3 (2),
by the monetary compensatory amount and the acces­           — in the case of the successful tenderer for quantities
sion compensatory amount applicable on the closing                not supplied by reason of force majeure.
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to             2. The security required under paragraph 1 may be
paragraph 2.                                                 provided in the form of a cash deposit or of a
                                                             guarantee issued by a credit institution conforming to
Such correction shall be made by :                           criteria laid down by each Member State.
— increasing prices which mention a Member State
    whose currency has depreciated or a new Member                                    Article 7
    State,
                                                             The common wheat referred to in Article 1 to be
— reducing prices which mention a Member State
    whose currency has been revalued.                        supplied to the Arab Republic of Egypt must be of
                                                             fair and sound merchantable quality and correspond
The monetary compensatory amount shall, where                at least to the standard quality for which the interven­
appropriate, be converted into the currency of the           tion price is fixed, except that the moisture content
Member State in which the invitation to tender is            shall not exceed 1 5-5 % and that a maximum of 3 %
issued using :                                               of sprouted grains and 1 -5 % of miscellaneous impuri­
— in the case when the currencies concerned are              ties shall be allowed.
    kept at any given moment within a band of
    2*25 %, a conversion rate resulting from their                                    Article 8
    central rate,
— in the other cases, the average of the spot rates of        1 . The French intervention agency shall be respon­
    the currencies concerned recorded in the Member          sible for organizing the invitation to tender provided
    State in which the invitation to tender is issued        for by this Regulation.
    during a period from the Wednesday of one week           2.     It shall forthwith communicate to the Commis­
    to the Tuesday of the following week being the           sion the list of firms which have responded to the invi­
    period immediately preceding the closing date for        tation to tender, specifying the terms of each tender,
    submission of tenders.
                                                             together with the name and business name of the
                                                             successful tenderer.
                        Article 4
                                                             3. Where the customs export formalities for the
The contract shall be awarded to the tenderer offering
                                                             mobilized product are completed in a Member State
the best terms, taking into consideration the adjust­        other than that in which the invitation to tender is
ment referred to in Article 3 (3).
                                                             issued, the intervention agency of the latter Member
However, if the tenders submitted do not appear to           State shall be responsible for the operations following
reflect normal market prices and costs, the interven­        tendering, including payment to the successful
tion agency may cancel the invitation to tender.             tenderer.
 ---pagebreak--- No L 199/ 14                       Official Journal of the European Communities                               6. 8. 77
In this case, the intervention agency choosing the            5. When the intervention agency responsible for
successful tenderer shall immediately inform the inter­      the operations relating to tendering is not the interven­
vention agency of the Member State concerned and             tion agency which appoints the successful tenderer, it
shall apply it with all the information which it may         shall send as soon as possible to the latter the informa­
require.                                                     tion necessary for releasing the security.
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                   Article 9
average of the spot rates referred to in the third subpa­
ragraph of Article 3 (3) to the tenderer in the currency     On delivery of the goods at the port of shipment, a
of the Member State in which the operations relating          handing over certificate shall be supplied to the
to the tendering are completed.                              successful tenderer, acting as agent for the Commu­
                                                              nity, by the agent of the recipient country, or in the
4. The intervention agency shall request the                 absence of the latter, by the intervention agency of the
successful tenderer to supply the following informa­         Member State in whose territory the port of shipment
tion :
                                                              is situated.
(a) after each shipment a certificate showing the quan­
    tities dispatched and the quality of the products :
                                                                                     Article 10
(b) the date of departure of the vessels.
Hie 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, 5 August 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President