CELEX: 31978R0335
Language: en
Date: 1978-02-17 00:00:00
Title: Commission Regulation (EEC) No 335/78 of 17 February 1978 opening a new invitation to tender for the mobilization of common wheat as food aid for the Republic of Pakistan

No L 47/ 26                                Official Journal of the European Communities                              18 . 2. 78
                                      COMMISSION REGULATION ( EEC) No 335 /78
                                                        of 17 February 1978
                opening a new invitation to tender for the mobilization of common wheat as
                                              food aid for the Republic of Pakistan
THE COMMISSION OF THE EUROPEAN                                        Whereas, should force majeure make it impossible to
COMMUNITIES,                                                          complete the operation in question within the set
                                                                      time limits, it should be made clear who is to bear the
 Having regard to the Treaty establishing the European                liability for any resulting costs ;
 Economic Community,
Having regard to Council Regulation (EEC) No                          Whereas provisions should be made for security to be
2727/75 of 29 October 1975 on the common organiza­                   given for the purpose of guaranteeing that the obliga­
tion of the market in cereals ('), as last amended by                 tions arising by virtue of participation in the invita­
                                                                      tion to tender will be fulfilled ;
Regulation (EEC) No 2560/77 (2),
Having regard to Council Regulation (EEC) No                         Whereas the French intervention agency should be
2750/75 of 29 October 1975 laying down the condi­                     made responsible for the tendering procedure in ques­
tions for the mobilization of cereals as food aid (3), and            tion ;
in particular Article 6 thereof,
Whereas on 8 February 1977 the Council of the Euro­                  Whereas the Commission must be informed quickly
pean Communities declared that by way of Commu­                       of the tenders submitted in response to the invitation
nity action it proposed to grant the Republic of                     and of those accepted by the intervention agency ;
Pakistan 25 000 tonnes of common wheat under its
 1976/77 food-aid programme ;                                        Whereas the Monetary Committee will be consulted ;
                                                                     whereas, in view of the urgency, the measures envis­
Whereas pursuant to Article 3 (3) of Council Regula­                  aged should be adopted in accordance with the condi­
tion (EEC) No 2750/75, the goods may be purchased                     tions laid down in Article 3 (2) of Council Regulation
anywhere on the Community market ;                                    No 129 on the value of the unit of account and the
                                                                     exchange rates to be applied for the purposes of the
Whereas the invitation to tender opened in the                       common agricultural policy (5), as last amended by
Community under Commission Regulation ( EEC) No                       Regulation ( EEC) No 2543/73 (6), and in particular
 110/78 of 20 January 1978 opening an invitation to                  Article 3 thereof ;
tender for the mobilization of common wheat as aid
for Pakistan (4) was not allocated ; whereas a new invi­
tation to tender should therefore be opened ;                        Whereas the measures provided for in this Regulation
                                                                      are in accordance with the opinion of the Manage­
Whereas tenders should be invited for the supply of                   ment Committee for Cereals ,
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 ;
Whereas tenders may be submitted by tenderers esta­                   HAS ADOPTED THIS REGULATION :
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
situation in the Member States and in order to ensure                                           Article 1
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                   1 . Tenders are hereby invited for the supply, by
currency situation in the Member State in which the                  way of Community food-aid action to the Republic of
customs export formalities will be completed ;                        Pakistan , of 25 000 tonnes of common wheat.
Whereas the award under the invitation to tender
must be made in favour of the tenderer offering the                   2 . The tendering procedure shall take place in
best terms ;                                                          France in one lot. The product shall be mobilized on
                                                                     the Community market. The product shall be loaded
(') OJ No   L  281 , 1 . 11 . 1975, p. 1 .                            for departure from any Community port.
(2) OJ No   L  303, 28 . 11 . 1977, p. 1 .
(J) OJ No   L  281 , 1 . 11 . 1975, p. 89 .                          (') OJ No L 106, 30 . 10 . 1962, p . 2553 / 62.
(4) OJ No   L  17, 21 . 1 . 1978 , p. 20 .                           (*) OJ No L 263 , 19 . 9 . 1973 , p . I.
 ---pagebreak--- 18 . 2. 78                         Official Journal of the European Communities                           No L 47/27
3 . The product referred to in paragraph 1 is to be               period immediately preceding the closing date for
delivered in bulk to the port of shipment in the                  submission of tenders .
vicinity of the vessel . The goods must be set down at
the place nominated by the recipient country or its                                    Article 4
agent, the timing of delivery being settled by the
tenderer and the recipient country's agent.                  The contract shall be awarded to the tenderer offering
                                                              the best terms, taking into consideration the adjust­
                         Article 2                            ment referred to in Article 3 (3).
                                                              However, if the tenders submitted do not appear to
1.     The decision on tenders received in response to
                                                              reflect normal market prices and costs, the interven­
the invitation provided for in Article 1 shall be taken
on 3 March 1978 .
                                                             tion agency may cancel the invitation to tender.
2.     The closing date for submission of tenders shall                                Article 5
be 3 March 1978 at 12 noon .
                                                              If the tenderer is unable to deliver the goods in
3.     The   notice of invitation   to  tender shall  be     compliance with Article 1 (3) on the date given in the
published in the Official Journal of the European             notice of invitation to tender as a result of the late
Communities not less than nine days before the               availability of the vessels to be used for sea transporta­
closing date for submission of tenders.                       tion, the resulting costs shall be borne by the interven­
                                                              tion agency.
                         Article 3
                                                                                       Article 6
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation          1 . The tenderer shall give security in an amount ojf
to tender was issued .                                        five units of account per tonne of goods.
2. Tenders must in particular mention the Member              It shall be released :
State in which the tenderer, in the event of his being       — in the case of all tenderers whose tenders are
declared successful , expects to complete the customs
export formalities for the products concerned .
                                                                  unsuccessful or are not accepted,                  : j
                                                             — in the case of the successful tenderer, when tfi^
3.     For the purpose of rendering the tenders compar­           operations concerned have been carried out within
able, the prices shall , where appropriate, be corrected          the prescribed time limit and on submission of
by the monetary compensatory amount and the acces­                the original export licence duly granted and
sion compensatory amount applicable on the closing                endorsed by the competent authorities of jhe
date for submission of tenders to exports from the                Member State mentioned in the tender pursuant
Member State mentioned in the tender pursuant to                  to Article 3 (2),
paragraph 2.                                                 — in the case of the successful tenderer for quantities
                                                                  not supplied by reason of force majeure.
Such correction shall be made by :
                                                              2. The security required under paragraph 1 may be
— increasing prices which mention a Member State              provided in the form of a cash deposit or of a'
     whose currency has depreciated or a new Member          guarantee issued by a credit institution conforming to
     State ,
                                                              criteria laid down by each Member State.
— reducing prices which mention a Member State
     whose currency has been revalued .
                                                                                       Article 7
The monetary compensatory amount shall , where               The common wheat referred to in Article 1 must be
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            of fair and sound merchantable quality and corres­
issued using :                                                pond at least to the standard quality for which the
                                                              intervention price is fixed, except that the moisture
— in the case when the currencies concerned are              content shall not exceed 1 5-5 % and that a maximum
     kept at any given moment within a band of               of 3 % of sprouted grains and 1-5 % of miscellaneous
     2-25 % , a conversion rate resulting from their          impurities shall be allowed .
     central rate,
— in the other cases, the average of the spot rates of                                 Article 8
     the currencies concerned recorded in the Member
     State in which the invitation to tender is issued        1 . The French intervention agency shall be respon­
     during a period from the Wednesday of one week          sible for organizing the invitation to tender provided
     to the Tuesday of the following week being the           for by this Regulation .
 ---pagebreak--- No L 47/ 28                        Official Journal of the European Communities                                18 . 2. 78
2.     It shall forthwith communicate to the Commis­          (b) the date of departure of the ship ;
sion the list of firms which have responded to the invi­      (c) all possible contingencies which might occur
tation to tender, specifying the terms of each tender,             during transportation of the products.
together with the name and business name of the
successful tenderer.                                          The information indicated above shall be forwarded
3 . Where the customs export formalities for the               by the intervention agency to the Commission imme­
mobilized product are completed in a Member State              diately upon receipt.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member           5 . When the intervention agency responsible for
State shall be responsible for the operations following        the operations relating to tendering is not the interven­
tendering, including payment to the successful                 tion agency which appoints the successful tenderer, it
tenderer.                                                      shall send as soon as possible to the latter the informa­
                                                               tion necessary for releasing the security.
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and                                       Article 9
shall supply it with all the information which it may
require.                                                       On delivery of the goods at the port of shipment, a
                                                               handing-over certificate shall be supplied to the
Furthermore , the amount of the successful tender              successful tenderer, acting as agent for the Commu­
shall be paid after it has been converted using the            nity, by the agent of the recipient country, or in the
average of the spot rates referred to in the second            absence of the latter, by the intervention agency of the
subparagraph of Article 3 (3) to the tenderer in the           Member State in whose territory the port of shipment
currency of the Member State in which the operations           is situated .
relating to the tendering are completed .
4. The intervention agency shall request the                                           Article 10
successful tenderer to supply the following informa­
tion :
                                                               This Regulation shall enter into force on the day of its
(a) after shipment, a certificate showing the quantities       publication in the Official Journal of the European
     dispatched and the quality of the products ;               Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 17 February 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President