CELEX: 31977R1242
Language: en
Date: 1977-06-10 00:00:00
Title: Commission Regulation (EEC) No 1242/77 of 10 June 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Indonesia

11 . 6 . 77                              Official Journal of the European Communities                             No L 144/ 5
                                     COMMISSION REGULATION ( EEC) No 1242/77
                                                          of 10 June 1977
                opening an invitation to tender for the mobilization of common wheat as food
                                                aid for the Republic of Indonesia
THE COMMISSION OF THE EUROPEAN                                      Whereas provision should be made for security to be
COMMUNITIES,                                                        given to guarantee fulfilment of the obligations arising
                                                                    by virtue of participation in the invitation to tender ;
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
                                                                     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 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 Republic of Indo­               Regulation (EEC) No 2543/73 (5), and in particular
nesia 10 000 tonnes of common wheat under the                       Article 3 thereof ;
 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
                                                                     ment Committee for Cereals,
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
Whereas tenders should be invited for the supply of                  HAS ADOPTED THIS REGULATION :
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 ;                                                           Article 1
Whereas tenders may be submitted by tenderers esta­                  1 . Tenderers are hereby invited for the supply, by
blished in any Member State of the Community and                    way of Community food-aid action , to the Republic of
may relate to products mobilized anywhere within                     Indonesia of 10 000 tonnes of common wheat .
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
                                                                    2. The tendering procedure shall take place in the
that the tenders are as comparable as possible, account              French Republic in one lot.
should be taken of the effect on each tender of the
currency situation in the Member State in which the                 3 . The product shall be mobilized on the Commu­
customs export formalities will be completed ;                      nity market.
Whereas      the  contract     should       be awarded  to  the     4.      Shipment shall be from Rouen .
tenderer offering the best terms ;
                                                                    5. The product referred to in paragraph 1 is to be
Whereas in case it should be impossible for reasons of              delivered in bulk to the port of shipment in the
force majeure to complete the operation in question                 vicinity of the vessel . The goods must be set down at
within the set time limits , it must be made clear who              the place nominated by the recipient country or its
is to bear any costs resulting therefrom ;                          agent, the timing of delivery being settled by the
                                                                    tenderer and the recipient country's agent.
(') OJ No L 281 , 1 . 11 . 1975 , p . 1 .
(2 ) OJ No L 354 , 24. 12 . 1976, p . 1 .                           (4 ) OJ No 106, 30 . 10 . 1962, p. 2553 / 62 .
(3 ) O J No L 281 , 1 . 11 . 1975, p . 89 .                         (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- No L 144/ 6                        Official Journal of the European Communities                                11 . 6 . 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 24 June 1977.
                                                                                       Article 5
2. The closing date for submission of tenders shall
be 24 June 1977 at 12 noon .                                  If the tenderer is unable to deliver the goods in
                                                              compliance with Article 1 (3) on the date given in the
3.    The   notice of   invitation  to  tender  shall be      notice of invitation to tender as a result of the late
published in the Official Journal of the European             availability of the vessels to be used for sea transporta­
Communities not less than nine days before the                tion, the resulting costs shall be borne by the interven­
closing date for submission of tenders.                       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 of a value of five
to tender was issued .                                        units of account per tonne of goods.
                                                              It shall be released :
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being        — in the case of all tenderers whose tenders are
declared successful, experts to complete the customs               unsuccessful or are not accepted,
export formalities for the products concerned.
                                                              — in the case of the successful tenderer, when the
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 the
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 :
— increasing prices which mention a Member State              2. The security required under paragraph 1 may be
    whose currency has depreciated or a new Member            provided in the form of a cash deposit or of a
    State ,                                                   guarantee issued by a credit institution conforming to
— reducing prices which mention a Member State                criteria laid down by each Member State.
    whose currency has been revalued .
                                                                                       Article 7
The monetary compensatory amount shall, where
appropriate, be converted into the currency of the            The common wheat referred to in Article 1 to be
Member State in which the invitation to tender is
issued using :                                                supplied to the Republic of Indonesia must be of fair
                                                              and sound merchantable quality and correspond at
— in the case when the currencies concerned are               least to the standard quality for which the interven­
    kept at any given moment within a band of                 tion price is fixed, except that the humidity shall not
    2-25 % , a conversion rate resulting from their           exceed 1 5-5 % and that a maximum tolerance of 3 %
    central rate ,                                            of sprouted grains and 1 -5 % of miscellaneous impuri­
                                                              ties shall be allowed .
— in the other cases, the average of the spot rates of
    the currencies concerned recorded in the Member
    State in which the invitation to tender is issued
                                                                                       Article 8
    during a period from the Wednesday of one week
    to the Tuesday of the following week being the
                                                               1 . The French intervention agency shall be respon­
    period immediately preceding the closing date for         sible for organizing the invitation to tender provided
    submission of tenders .
                                                              for by this Regulation .
                        Article 4                             2.     I shall forthwith communicate to the Commis­
                                                              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---  11 . 6 . 77                       Official Journal of the European Communities                             No L 144/7
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                 5. When the intervention agency responsible for
tenderer.                                                      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, 10 June 1977.
                                                                         For the Commission
                                                                             Guido BRUNNER
                                                                     Member of the Commission