CELEX: 31977R0568
Language: en
Date: 1977-03-18 00:00:00
Title: Commission Regulation (EEC) No 568/77 of 18 March 1977 opening an invitation to tender for the mobilization of common wheat as aid for the People's Republic of Bangladesh

No L 72/ 8                               Official Journal of the European Communities                             19 . 3 . 77
                                      COMMISSION REGULATION ( EEC) No 568 /77
                                                         of 18 March 1977
               opening an invitation to tender for the mobilization of common wheat as aid
                                             for the People's Republic of Bangladesh
THE COMMISSION OF THE EUROPEAN                                       for the supply of wheat to the People s Republic of
 COMMUNITIES,                                                        Bangladesh ;
 Having regard to the Treaty establishing the European               Whereas the Belgian 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 3138/76 (2),                                    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 25 March 1976 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 People's Republic              Regulation (EEC) No 2543/73 (5), and in particular
of Bangladesh 150 000 tonnes of common wheat                         Article 3 thereof ;
under the 1975/76 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                  HAS ADOPTED THIS REGULATION :
for supply of the products delivered in the ship's hold
at the port of unloading ;
                                                                                                 Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                     1 . Tenders are hereby invited for the supply, by
may relate to products mobilized anywhere within                    way of Community food-aid action , to the People's
those Member States ; whereas, in view of the currency               Republic of Bangladesh of 150 000 tonnes of
situation in the Member States and in order to ensure               common wheat .
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                  2. The tendering procedure shall take place in
currency situation in the Member State in which the                  Belgium in six lots of 25 000 tonnes each .
customs export formalities will be completed ;
                                                                    3.      The products shall be mobilized on the Commu­
Whereas     the  contract      should       be  awarded to  the     nity market.
tenderer offering the best terms ;
                                                                    4.      Shipment shall be from a Community port.
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question                  5. The invitation to tender provided for in para­
within the set time limits, it must be made clear who               graph 1 is for supply of products removed from the
is to bear any costs resulting therefrom ;                          ship's hold at the ports of Chittagong and of Chalna.
Whereas provision should be made for security to be                 The recipient country shall bear all costs subsequent
given to guarantee fulfilment of the obligations arising            to delivery of the goods, including unloading costs
by virtue of participation in the invitation to tender              (such as unstowing, hoisting and reception) and any
                                                                    lighterage costs.
(') OJ No L 281 , 1 . 1 1 . 1975, p. 1 .
(2 ) OJ No L 354, 24 . 12 . 1976, p. I.                             (4) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(3 ) OJ No L 281 , 1 . 1 I. 1 975 , p. 89 .                         ( 5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- 19. 3. 77                            Official Journal of the European Communities                              No L 72/ 9
Any demurrage costs or dispatch money at the port of                                      Article 4
unloading shall be a charge on or for the benefit of
the recipient country. The rates and detailed arrange­         The contract shall be awarded to the tenderer offering
ments relating thereto laid down in the contract               the best terms, taking into consideration the adjust­
between the authorized agent of the Community and              ment referred to in Article 3 (3).
the carrier must have been agreed upon in advance by            However, if the tenders submitted do not appear to
the authoriz.d agent and the receiving agent of the             reflect normal market prices and costs, the interven­
recipient country.                                              tion agency may cancel the invitation to tender.
6.    The product shall be delivered in bulk .
                                                                                          Article 5
                          Article 2
                                                                1 . The tenderer shall give security in an amount of
1 . The decision on tenders received in reponse to              five units of account per tonne of goods.
the invitation provided for in Article 1 shall be taken
on 1 April 1977.                                                It shall be released :
2. The closing date for the receipt of tenders shall            — in the case of all tenderers whose tenders are
be 1 April 1977 at 12 noon .                                         unsuccessful or are not accepted,
3.     The   notice of    invitation  to  tender  shall be      — in the case of the successful tenderer, when the
published in the Official Journal of the European                    operations concerned have been carried out within
 Communities not less than nine days before the                      the prescribed time limit and on submission of
closing date for submission of tenders.                              the original export licence duly granted and
                                                                     endorsed by the competent authorities of the
                          Article 3                                  Member State mentioned in the tender pursuant
                                                                     to Article 3 (2),
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation            — in the case of the successful tenderer, for quanti­
to tender was issued .                                               ties not supplied by reason of force majeure.
2.     Tenders must in particular mention the Member            2. The security required under paragraph 1 may be
State in which the tenderer, in the event of his being          provided in the form of a cash deposit or of a
 declared successful , excepts to complete the customs          guarantee issued by a credit institution conforming to
 export formalities for the products concerned .                criteria laid down by each Member State .
 3.    For the purpose of rendering the tenders compar­
                                                                                          Article 6
 able, the prices shall , where appropriate, be corrected
 by the monetary compensatory amount and the acces­             The common wheat referred to in Article 1            to be
 sion compensatory amount applicable on the closing             supplied to the People's Republic of Bangladesh must
 date for submission of tenders to exports from the
                                                                be of fair and sound merchantable quality and corres­
 Member State mentioned in the tender pursuant to                pond at least to the standard quality for which the
 paragraph 2.                                                    intervention price is fixed, except that the moisture
 Such correction shall be made by :                             content shall not exceed 1 4-5 % and that a maximum
 — increasing prices which mention a Member State               of 3 % of sprouted grains and 1-5 % of miscellaneous
     whose currency has depreciated or a new Member              impurities shall be allowed .
     State,
 — reducing prices which mention a Member State                                           Article 7
     whose currency has been revalued .
                                                                 1 . The Belgian intervention agency shall be respon­
 The monetary compensatory amount shall , where                  sible for operations relating to the invitation to tender
 appropriate, be converted into the currency of the              provided for by this Regulation .
 Member State in which the invitation to tender is
 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
                                                                 tation to tender, specifying the terms of each tender,
     kept at any given moment within a band of                   together with the name and business name of the
     2-25 % , a conversion rate resulting from their             successful tenderer.
     central rate,
 — in the other cases, the average of the spot rates of          3.     Where the customs export formalities for the
     the currencies concerned recorded in the Member             mobilized product are completed in a Member State
     State in which the invitation to tender is issued           other than that in which the invitation to tender is
     during a period from the Wednesday of one week              issued , the intervention agency of the latter Member
     to the Tuesday of the following week being the              State shall be responsible for the operations following
     period immediately preceding the closing date for           tendering, including payment to the successful
     submission of tenders .                                     tenderer .
 ---pagebreak--- No L 72/ 10                       Official Journal of the European Communities                               19 . 3 . 77
In such case, the intervention agency choosing the           (c) all possible contingencies which might occur
successful tenderer shall immediately inform the inter­          during transportation of the products.
vention agency of the Member State concerned and
shall supply it with all the information which it may
                                                             The intervention agency shall transmit the informa­
require.                                                     tion provided for to the Commission as soon as it is
Furthermore , the amount of the successful tender            received .
shall be paid after it has been converted using the
average of the spot rates referred to in the second          5. When the intervention agency responsible for
subparagraph of Article 3 (3) to the tenderer in the         the operations relating to tendering is not the interven­
currency of the Member State in which the operations         tion agency which appoints the successful tenderer, it
relating to the tendering are completed .                    shall send as soon as possible to the latter the informa­
4. The intervention agency shall ask that the                tion necessary for releasing the security.
tenderer specifies the following information :
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products                                Article 8
    and their packaging ;
(b) the date of the departure of the ships ; the             This Regulation shall enter into force on the day of its
    expected date of arrival of the products at their        publication in the Official Journal of the European
    destination ;                                            Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 18 March 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President