CELEX: 31977R2323
Language: en
Date: 1977-10-21 00:00:00
Title: Commission Regulation (EEC) No 2323/77 of 21 October 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Kenya

22. 10 . 77                            Official Journal of the European Communities                          No L 270/ 11
                                   COMMISSION REGULATION (EEC) No 2323/77
                                                      of 21 October 1977
               opening an invitation to tender for the mobilization of common wheat as food
                                                aid for the Republic of Kenya
 THE COMMISSION OF THE EUROPEAN                                     whereas the Belgian intervention agency should be
 COMMUNITIES,                                                      made responsible for organizing the invitation to
                                                                   tender ;
 Having regard to the Treaty establishing the European
 Economic Community,                                               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 ;
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals (!), as last amended by             Whereas the Monetary Committee will be consulted ;
 Regulation (EEC) No 1386/77 (2),                                  whereas in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
 Having regard to Council Regulation (EEC) No                      tions laid down in Article 3 (2) of Council Regulation
 2750/75 of 29 October 1975 laying down the condi­                 No 129 on the value of the unit of account and the
 tions for the mobilization of cereals as food aid (3), and        exchange rates to be applied for the purposes of the
 in particular Article 6 thereof,                                  common agricultural policy (4), as last amended by
 Whereas on 25 March 1976 the Council of the Euro­
                                                                   Regulation (EEC) No 2543/73 (5), and in particular
                                                                   Article 3 thereof ;
 pean Communities declared that by way of Commu­
 nity action it proposed to grant the Republic of Kenya            Whereas the measures provided for in this Regulation
 2 500 tonnes of common wheat under its 1975/76                    are in accordance with the opinion of the Manage­
 food-aid programme ;                                              ment Committee for Cereals,
 Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;                                HAS ADOPTED THIS REGULATION :
 Whereas tenders should be invited for the supply of                                         Article 1
 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 ;                             1 . Tenders are hereby invited for the supply by way
                                                                   of Community food-aid action to the Republic of
                                                                   Kenya of 2 500 tonnes of common wheat.
Whereas tenders may be submitted by tenderers esta­
 blished in any Member State of the Community and                  2. The tendering procedure shall take place in the
 may relate to products mobilized anywhere within
 those Member States ; whereas, in view of the currency            Kingdom of Belgium and shall be in respect of a
situation in the Member States and in order to ensure
                                                                   single lot.
 that the tenders are as comparable as possible, account           3.    The product shall be mobilized on the Commu­
should be taken of the effect on each tender of the
                                                                   nity market.
currency situation in the Member State in which the
customs export formalities will be completed ;                     4.    Shipment shall be from Antwerp.
Whereas the contract should be awarded to the
                                                                   5. The product referred to in paragraph 1 is to be
tenderer offering the best terms ;                                 delivered in new jute sacks of a net capacity of 50 kilo­
                                                                  grams to the port of shipment in the vicinity of the
Whereas in case it should be impossible for reasons of            vessel. The goods must be set down at the place nomi­
force majeure to complete the operation in question                nated by the recipient country or its agent, the timing
within the set time limits, it must be made clear who
is to bear any costs resulting therefrom ;                        of delivery being settled by the tenderer and the recip­
                                                                  ient country's agent.
Whereas provision should be made for security to be               Minimum weight of the sacks shall be 600 grams. The
given to guarantee fulfilment of the obligations arising          following shall be printed on the sacks :
by virtue of participation in the invitation to tender ;
                                                                  'Wheat — Gift of the EEC to Kenya'.
(>) 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.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                            5 ) OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 270/ 12                      Official Journal of the European Communities                              22. 10 . 77
To allow for the possibility of re-bagging, the              However, if the tenders submitted do not appear to
successful tenderer shall supply 2 % of new empty            reflect normal market prices and costs, the interven­
sacks, of the same quality as those containing the           tion agency may cancel the invitation to tender.
goods but with the printing followed by a capital
letter 'R'.
                                                                                      Article 5
                        Article 2
                                                             In the tenderer is unable to deliver the goods in
1 . The decision on tenders received in response to          compliance with Article 1 (3) on the date given in the
the invitation provided for in Article 1 shall be taken      notice of invitation to tender as a result of the late
on 4 November 1977.
                                                             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 4 November 1977 at 12 noon .                              tion agency.
3.     The  notice of invitation   to tender shall be
published in the Official Journal of the European                                     Article 6
Communities not less than nine days before the
closing date for submission of tenders.                      1 . The tenderer shall give security of a value of five
                        Article 3                            units of account per tonne of goods.
1 . The prices offered must be expressed in the              It shall be released :
currency of the Member State in which the invitation
to tender was issued .                                       — in the case of all tenderers whose tenders are
                                                                 unsuccessful or are not accepted,
2. Tenders must in particular mention the Member
                                                             — in the case of the successful tenderer, when the
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs             operations concerned have been carried out within
export formalities for the products concerned.                    the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
3. For the purpose of rendering the tenders compar­               endorsed by the competent authorities of the
able, the prices shall, where appropriate, be corrected           Member State mentioned in the tender pursuant
by the monetary compensatory amount and the acces­                to Article 3 (2),
sion compensatory amount applicable on the closing
                                                             — in the case of the successful tenderer for quantities
date for submission of tenders to exports from the
                                                                  not supplied by reason of force majeure.
Member State mentioned in the tender pursuant to
paragraph 2.                                                 2. The security required under paragraph 1 may be
Such correction shall be made by :                           provided in the form of a cash deposit or of a
— increasing prices which mention a Member State             guarantee issued by a credit institution conforming to
     whose currency has depreciated or a new Member          criteria laid down by each Member State.
     State,
— reducing prices which mention a Member State                                        Article 7
     whose currency has been revalued.
The monetary compensatory amount shall, where                The common wheat referred to in Article 1 to be
 appropriate, be converted into the currency of the          supplied to the Republic of Kenya must be of fair and
 Member State in which the invitation to tender is           sound merchantable quality and correspond at least to
 issued using :                                              the standard quality for which the intervention price
— in the case when the currencies concerned are              is fixed, except that the moisture content shall not
     kept at any given moment within a band of               exceed 14 % and that a maximum of 3 % of sprouted
     2-25 % , a conversion rate resulting from their         grains and 1 -5 % of miscellanous impurities shall be
                                                             allowed .
     central rate,
— in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member                                  Article 8
     State in which the invitation to tender is issued
     during a period from the Wednesday of one week           1 . The Belgian intervention agency shall be respon­
     to the Tuesday of the following week being the          sible for operations relating to the invitations to
     period immediately preceding the closing date for       tender provided for by this Regulation .
     submission of tenders.
                                                              2.    It shall forthwith communicate to the Commis­
                        Article 4
                                                             sion the list of firms which have responded to the invi­
 The contract shall be awarded to the tenderer offering      tation to tender, specifying the terms of each tender,
 the best terms, taking into consideration the adjust­        together with the name and business name of the
 ment referred to in Article 3 (3).                          successful tenderer.
 ---pagebreak--- 22. 10 . 77                        Official Journal of the European Communities                         No L 270/ 13
3. Where the customs export formalities for the              (b) the date of departure of the vessels.
mobilized product are completed in a Member State            The information indicated above shall be forwarded
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member         by the intervention agency to the Commission imme­
State shall be responsible for the operations following      diately upon receipt.
tendering, including payment to the successful ten­           5. When the intervention agency responsible for
derer.                                                       the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
In this case, the intervention agency choosing the           shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­
                                                             tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may                                Article 9
require.
                                                             On delivery of the goods at the port of shipment, a
Furthermore, the amount of the successful tender
                                                             handing over certificate shall be supplied to the
shall be paid after it has been converted using the          successful tenderer, acting as agent for the Commu­
average of the spot rates referred to in the second          nity, by the agent of the recipient country, or in the
subparagraph of Article 3 (3) to the tenderer in the         absence of the latter, by the intervention agency of the
currency of the Member State in which the operations         Member State in whose territory the port of shipment
relating to the tendering are completed.                     is situated.
4. The intervention agency shall request the
successful tenderer to supply the following informa­                                 Article 10
tion :
                                                             This Regulation shall enter into force on the day of its
(a) after each shipment a certificate showing the quan­      publication in the Official Journal of the European
    tities 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, 21 October 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President