CELEX: 31977R2548
Language: en
Date: 1977-11-18 00:00:00
Title: Commission Regulation (EEC) No 2548/77 of 18 November 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Senegal

19 . 11 . 77                           Official Journal of the European Communities                         No L 296/ 13
                                  COMMISSION REGULATION (EEC) No 2548/77
                                                     of 18 November 1977
              opening an invitation to tender for the mobilization of common wheat as food
                                               aid for the Republic of Senegal
THE COMMISSION OF THE EUROPEAN                                    Whereas provisions should be made for security to be
COMMUNITIES,                                                      given for the purpose of guaranteeing that the obliga­
                                                                  tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European             tion to tender will be fulfilled ;
Economic Community,
                                                                  Whereas the French intervention agency should be
Having regard to Council Regulation (EEC) No                      made responsible for the tendering procedure in ques­
2727/75 of 29 October 1975 on the common organiza­                tion ;
tion of the market in cereals ( !), as last amended by
Regulation (EEC) No 1386/77 (2),                                  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 ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and        Whereas the Monetary Committee will be consulted ;
in particular Article 6 thereof,                                  whereas, in view of the urgency, the measures envis­
                                                                  aged should be adopted in accordance with the condi­
Whereas on 8 February 1977 the Council of the Euro­               tions laid down in Article 3 (2) of Council Regulation
pean Communities declared that by way of Commu­                   No 129 on the value of the unit of account and the
nity action it proposed to grant the Republic of                  exchange rates to be applied for the purposes of the
Senegal 3 000 tonnes of common wheat under its                    common agricultural policy (4), as last amended by
 1975/76 food-aid programme ;                                     Regulation (EEC) No 2543/73 (5), and in particular
                                                                  Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                  Whereas the measures provided for in this Regulation
anywhere on the Community market ;                                are in accordance with the opinion of the Manage­
                                                                  ment Committee for Cereals,
Whereas tenders should be invited for the supply of
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 ;                              HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenders esta­
blished in any Member State of the Community and                                            Article 1
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              1 . Tenders are hereby invited for the supply, by
that the tenders are as comparable as possible account            way of Community food-aid action to the Republic of
should be taken of the effect on each tender of the               Senegal, of 3 000 tonnes of common wheat.
currency situation in the Member State in which the
customs export formalities will be completed ;                    2. The tendering procedure shall take place in
                                                                   France in one lot. The product shall be mobilized on
Whereas the award under the invitation to tender                  the Community market. The product shall be loaded
must be made in favour of the tenderer offering the               for departure from any Community port.
best terms ;
                                                                  3. The product referred to in paragraph 1 is to be
Whereas, should force majeure make it impossible to               delivered in bulk to the port of shipment in the
complete the operation in question within the set                 vicinity of the vessel. The goods must be set down at
time limits, it should be made clear who is to bear the           the place nominated by the recipient country or its
liability for any resulting costs ;                               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 .                            («) 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--- No L 296/ 14                      Official Journal of the European Communities                             19 . 11 . 77
                        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 2 December 1977.                                         notice of invitation to tender as a result of the late
                                                            availability of the vessels to be used for sea transporta­
2.    The closing date for submission of tenders shall      tion, the resulting costs shall be borne by the interven­
be 2 December 1977 at 12 noon .
                                                            tion agency.
3.    The   notice  of invitation  to  tender shall  be
                                                                                      Article 6
published in the Official Journal of the European
Communities not less than nine days before the               1 . The tenderer shall give security in an amount of
closing date for submission of tenders.                     five units of account per tonne of goods.
                                                             It shall be released :
                        Article 3
                                                            — in the case of all tenderers whose tenders are
1 . The prices offered must be expressed in the                 • unsuccessful or are not accepted,
currency of the Member State in which the invitation        — in the case of the successful tenderer, when the
to tender was issued .
                                                                  operations concerned have been carried out within
2. Tenders must in particular mention the Member                  the prescribed time limit and on submission of
State in which the tenderer, in the event of his being            the original export licence duly granted and
declared successful, expects, to complete the customs             endorsed by the competent authorities of the
export formalities for the products concerned.                    Member State mentioned in the tender pursuant
                                                                  to Article 3 (2),
3 . For the purpose of tendering the tenders compar­        — in the case of the successful tenderer for quantities
able, the prices shall, where appropriate, be corrected           not supplied by reason of force majeure.
by the monetary compensatory amount and the acces­
sion compensatory amount applicable on the closing           2. The security required under paragraph 1 may be
date for submission of tenders to exports from the           provided in the form of a cash deposit or of a
Member State mentioned in the tender pursuant to            guarantee issued by a credit institution conforming to
paragraph 2,                                                 criteria laid down by each Member State.
Such correction shall be made by :                                                    Article 7
— increasing prices which mention a Member State             The common wheat referred to in Article 1 must be
    whose currency has depreciated or a new Member           of fair and sound merchantable quality and corres­
    State,                                                   pond at least to the standard quality for which the
— reducing prices which mention a Member State               intervention price is fixed, except that the moisture
    whose currency has been revalued.                        content shall not exceed 1 5-5 % and that a maximum
                                                             of 3 % of sprouted grains and 1 -5 % of miscellaneous
The monetary compensatory amount shall, where                impurities shall be allowed.
appropriate, be converted into the currency of the
Member State in which the invitation to tender is                                     Article 8
issued using :
                                                             1 . The French intervention agency shall be respon­
— in the case when the currencies concerned are              sible for organizing the invitation to tender provided
    kept at any given moment within a band of                for by this Regulation .
    2-25 % , a conversion rate resulting from their          2.     It shall forthwith communicate to the Commis­
    contract rate ,
                                                             sion the list of firms which have responded to the invi­
— in the other cases, the average of the spot rates of       tation to tender, specifying the terms of each tender,
    the currencies concerned recorded in the Member
    State in which the invitation to tender is issued
                                                             together with the name and business name of the
                                                             successful tenderer.
    during a period from the Wednesday of one week
    to the Tuesday of the following week being the           3 . Where the customs export formalities for the
    period immediately preceding the closing date for        mobilized product are completed in a Member State
    submission of tenders .                                  other than that in which the invitation to tender is
                                                             issued, the intervention agency of the latter Member
                        Article 4                            State shall be responsible for the operations following
                                                             tendering, including payment to the successful
The contract shall be awarded to the tenderer offering       tenderer.
the best terms, taking into consideration the adjust­
ment referred to in Article 3 (3).                           In such case, the intervention agency choosing the
                                                             successful tenderer shall immediately inform the inter­
However, if the tenders submitted do not appear to           vention agency of the Member State concerned and
reflect normal market prices and costs, the interven­        shall supply it with all the information which it may
tion agency may cancel the invitation to tender.             require .
 ---pagebreak--- 19 . 11 . 77                       Official Journal of the European Communities                          No L 296/ 15
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 9
4. The intervention agency shall request the                  On delivery of the goods at the port of shipment, a
successful tenderer to supply the following informa­          handing-over certificate shall be supplied to the
tion :
                                                              successful tenderer, acting as agent for the Commu­
(a) after each shipment a certificate showing the quan­       nity, by the agent of the recipient country, or, in the
     tities dispatched and the quality of the products ;      absence of the latter, by the intervention agency of the
(b) the date of departure of the ships ;                      Member State in whose territory the port of shipment
                                                              is situated .
(c) all possible contingencies which might occur
     during transportation of the products.                                           Article 10
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, 18 November 1977 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President