CELEX: 31977R1814
Language: en
Date: 1977-08-05 00:00:00
Title: Commission Regulation (EEC) No 1814/77 of 5 August 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Central African Empire

6. 8 . 77                              Official Journal of the European Communities                         No L 199/9
                                  COMMISSION REGULATION (EEC) No 1814/77
                                                      of 5 August 1977
              opening an invitation to tender for the mobilization of common wheat flour as
                                         food aid for the Central African Empire
THE COMMISSION OF THE EUROPEAN                                    by virtue of participation in the invitation to tender
COMMUNITIES,                                                      for the supply of goods to the Central African
                                                                  Empire ;
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
Having regard to Council Regulation (EEC) No                      tion ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (l), as last amended by             Whereas the Commission must be informed quickly
Regulation (EEC) No 1 386/77 (2),                                 of the tenders submitted in response to the invitation
                                                                  and of those accept by the intervention agency ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                 Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), and        whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,                                  aged should be adopted in accordance with the condi­
                                                                  tions laid down in Article 3 (2) of Council Regulation
Whereas on 25 March 1976 the Council of the Euro­                 No 129 on the value of the unit of account and the
pean Communities declared that by way of Commu­                   exchange rates to be applied for the purposes of the
nity action it proposed to grant the Republic of Sri              common agricultural policy (4), as last amended by
Lanka the equivalent of 1 500 tonnes of common                    Regulation (EEC) No 2543/73 (5), and in particular
wheat, in the form of flour, i.e. 993 tonnes of common            Article 3 thereof ;
wheat flour, under its 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 to Bangui ;
Whereas tenders may be submitted by tenderers esta­
                                                                                          Article 1
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             1 . An invitation to tender shall be issued in respect
situation in the Member States and in order to ensure             of the supply of 993 tonnes of common wheat flour to
 that the tenders are as comparable as possible, account           the Central African Empire by way of Community
 should be taken of the effect on each tender of the               food-aid action.
 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 contract should be awarded to the                     the Community market. The product shall be loaded
 tenderer offering the best terms ;                                for departure from any Community port.
Whereas in case it should be impossible for reasons of             3. The invitation to tender provided for in para­
force majeure to complete the operation in question                graph 1 is for supply of products delivered to Bangui.
 within the set time limits, it must be made clear who
 is to bear any costs resulting therefrom ;                        4. The successful tenderer shall deliver the product
                                                                   specified in paragraph 1 in new jute sacks, lined with
 Whereas provision should be made for security to be               cotton sacks, of a net capacity of 50 kilograms.
 given to guarantee fulfilment of the obligations arising
                                                                   5.    The following shall be printed on the sacks :
 (') 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.
 (J) OJ No L 281 , 1 . 11 . 1975, p. 89.                           (s) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  No L 199/ 10                     Official Journal of the European Communities                              6. 8. 77
  Farine de froment —- Don de la Communauté écono­               to the Tuesday of the following week being the
 mique européenne à l'Empire centrafricain'.                     period immediately preceding the closing date for
                                                                 submission of tenders.
 To allow for the possibility of re-bagging, the
 successful tenderer shall supply 2 % of new empty
                                                                                     Article 4
 sacks of the same quality as those containing the
 goods but with the printing followed by a capital           The contract shall be awarded to the tenderer offering
 letter 'R\
                                                             the best terms, taking into consideration the adjust­
                                                             ment referred to in Article 3 (3).
                        Article 2
                                                             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     tion agency may cancel the invitation to tender.
 on 19 August 1977.
                                                                                     Article 5
 2. The closing date for submission of tenders shall
be 19 August 1 977 at 12 noon.                               1 . The tenderer shall give security of a value of 10
                                                            units of account per tonne of goods.
3.     The notice of invitation to tender shall be
 published in the Official Journal of the European           It shall be released :
 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 die competent authorities of the
to tender was issued.
                                                                 Member State mentioned in the tender pursuant
2. Tenders must in particular mention the Member                 to Article 3 (2),
State in which the tenderer, in the event of his being      — in the case of the successful tenderer for quantities
declared successful, expects to complete the customs             not supplied . by reason of force majeure.
export formalities for the products concerned.
                                                            2. The security required under paragraph 1 may be
3. For the purpose of rendering tenders compar­             provided in the form of a cash deposit or of a
able, the prices shall, where appropriate, be corrected     guarantee issued by a credit institution conforming to
by the monetary compensatory amount and the acces­          criteria laid down by each Member State.
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the                                   Article 6
Member State mentioned in the tender pursuant to
paragraph 2.                                                1 . The goods referred to in Article 1 which are to
                                                            be supplied to the Central African Empire must meet
Such correction shall be made by :                          the following requirements :
— increasing prices which mention a Member State            — moisture : 14 % maximum,
     whose currency has depreciated or a new Member         — protein content : 10-5% minimum (N x 6-25 on
     State,
                                                                 dry matter),
— reducing prices which mention a Member State              — ash content : 0-52 % maximum referred to dry
     whose currency has been revalued.                           matter.
The monetary compensatory amount shall, where               If the goods referred to in Article 1 do not meet the
appropriate, be converted into the currency of the          foregoing requirements they shall be rejected and the
Member State in which the invitation to tender is           successful tenderer shall be owner thereof.
issued using :
                                                            2. Tenders for supply to the' Central African
— in the case when the currencies concerned are
                                                            Empire of the goods referred to in Article 1 must
     kept at any given moment within a band of              relate to products with the following characteristics :
     2-25 %, a conversion rate resulting from their
     central rate,                                          — moisture : 14% maximum,
— in the other cases, the average of the spot rates of      — protein content : 10-5 % minimum (N x 6*25 on
     the currencies concerned recorded in the Member             dry matter),
     State in which the invitation to tender is issued      — ash content : 0-52 % maximum referred to dry
     during a period from the Wednesday of one week              matter.
 ---pagebreak--- 6. 8 . 77                          Official Journal of the European Communities                          No L 199/ 11
                         Article 7                           of the Member State in which the operations relating
                                                             to the tendering are completed.
1 . The French intervention agency shall be respon­
sible for organizing the invitation to tender provided       4. The intervention agency shall request the
for by this Regulation.                                      successful tenderer to supply the following informa­
                                                              tion :
2.     It shall forthwith communicate to the Commis­
sion the list of firms which have responded to the invi­     (a) after each shipment a certificate showing the quan­
tation to tender, specifying the terms of each tender             tities dispatched and the quality of the products ;
together with the name and business name of the              (b) the date of the departure of the ships and the esti­
successful tenderer.                                              mated date of arrival of the products at their desti­
                                                                  nation ;
3. Where the customs export formalities for the               (c) all possible contingencies which might occur
mobilized product are completed in a Member State                 during transportation of the products.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member          The information indicated above shall be forwarded
State shall be responsible for the operations following       by the intervention agency to the Commission imme­
tendering, including payment to the successful                diately upon receipt.
tenderer.
                                                              5. When the intervention agency responsible for
In this case, the intervention agency choosing the            the operations relating to tendering is not the interven­
successful tenderer shall immediately inform the inter­       tion agency which appoints the successful tenderer, it
vention agency of the Member State concerned and              shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may         tion necessary for releasing the security.
require..
                                                                                       Article 8
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the           This Regulation shall enter into force on the day of its
average of the spot rates referred to in the third subpa­     publication in the Official Journal of the European
ragraph of Article 3 (3) to the tenderer in the currency       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