CELEX: 31977R2056
Language: en
Date: 1977-09-16 00:00:00
Title: Commission Regulation (EEC) No 2056/77 of 16 September 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the People's Republic of Bangladesh

17. 9 . 77                             Official Journal of the European Communities                             No L 239/9
                                    COMMISSION REGULATION (EEC) No 2056/77
                                                     of 16 September 1977
                opening an invitation to tender for the mobilization of common wheat as food
                                        aid for the People's Republic of Bangladesh
 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 (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 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 People's Republic            Regulation (EEC) No 2543/73 (5), and in particular
 of Bangladesh 30 000 tonnes of common wheat under                 Article 3 thereof ;
 the 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                 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 30 000 tonnes of common
 situation in the Member States and in order to ensure             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                France in three lots of 10 000 tonnes. The product
customs export formalities will be completed ;                     shall be mobilized on the Community market. The
                                                                   product shall be loaded for departure from any
Whereas the award under the invitation to tender                   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 Chittagong.
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 158 , 29 . 6 . 1977, p. 1 .                            (4 ) OJ No 106, 30 . 10 . 1962, p . 2553 /62 .
P ) OJ No L 281 , 1 . 1 1 . 1975, p. 89.                           (5 ) OJ No L 263 , 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 239 / 10                       Official Journal of the European Communities                            17 . 9 . 77
                         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 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 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---  17 . 9 . 77                       Official Journal of the European Communities                           No L 239/ 11
 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 sucurity.
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