CELEX: 31978R1022
Language: en
Date: 1978-05-19 00:00:00
Title: Commission Regulation (EEC) No 1022/78 of 19 May 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the People's Republic of Bangladesh

No L 132/42                             Official Journal of the European Communities                           20. 5. 78
                                  COMMISSION REGULATION (EEC) No 1022/78
                                                        of 19 May 1978
               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                                    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
Regulation (EEC) No 709/78 (2),                                   Whereas the Monetary Committee will be consulted ;
                                                                  whereas in view of the urgency, the measures envis­
Having regard to Council Regulation (EEC) No                      aged should be adopted in accordance with the condi­
2750/75 of 29 October 1975 laying down the condi­                 tions laid down in Article 3 (2) of Council Regulation
tions for the mobilization of cereals as food aid (3), and        No 129 on the value of the unit of account and the
in particular Article 6 thereof,                                  exchange rates to be applied for the purposes of the
                                                                  common agricultural policy (4), as last amended by
Whereas on 30 January 1978 the Council of the Euro­               Regulation (EEC) No 2543/73 (5), and in particular
 pean Communities declared that by way of Commu­                  Article 3 thereof ;
 nity action it proposed to grant the People's Republic
of Bangladesh 25 000 tonnes of common wheat under                 Whereas the measures provided for in this Regulation
the 1977/78 food-aid programme ;                                  are in accordance with the opinion of the Mangement
                                                                  Committee for Cereals,
Whereas pursuant to Article 3 ( 1 ) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
on the Belgian market ;
                                                                  HAS ADOFfED THIS REGULATION :
Whereas tenders should be invited for the supply of
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
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
                                                                  Republic of Bangladesh, of 25 000 tonnes of common
those Member States ; whereas, in view of the currency            wheat.
situation in the Member States and in order to ensure
 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 the
currency situation in the Member State in which the               Kingdom of Belgium and shall be in respect of a
customs export formalities will be completed ;                    single lot.
Whereas     the contract should be awarded            to the      3.    The product shall be mobilized on the Belgian
tenderer offering the best terms ;                                market.
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question               4.    Shipment shall be from Antwerp.
within the set time limits, it must be made clear who
is to bear any costs resulting therefrom ;                        5. The product referred to in paragraph 1 is to be
                                                                  delivered in bulk to the port of shipment in the
Whereas provision should be made for security to be               vicinity of the vessel. The goods must be set down at
given to guarantee fulfilment of the obligations arising          the place nominated by the recipient country or its
by virtue of participation in the invitation to tender ;          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 94, 8. 4. 1978, p. 9.                                 (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---  20 . 5. 78                         Official Journal of the European Communities                          No L 132/43
                         Article 2                                                     Article 5
 1 . The decision On tenders received in response to           If the tenderer is unable to deliver the goods in
 the invitation provided for in Article 1 shall be taken       compliance with Article 1 (3) on the date given in the
 on 2 June 1978,                                               notice of invitation to tender as a result of the late
 2. The closing date for submission of tenders shall          availability of the vessels to be used for sea transporta­
be 2 June 1978 at 12 noon .                                   tion, the resulting costs shall be borne by the interven­
                                                              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
                                                              units of account per tonne of goods.
                         Article 3
                                                              It shall be released :
 1 . The prices offered must be expressed in the
                                                              — in the case of all tenderers whose tenders are
currency of the Member State in which the invitation
to tender was issued.                                              unsuccessful or are not accepted,
                                                              — in the case of the successful tenderer, when the
2. Tenders must in particular mention the Member                   operations concerned have been carried out within
State in which the tenderer, in the event of his being             the prescribed time limit and on submission of
declared successful, expects to complete the customs               the original export licence duly granted and
export formalities for the products concerned.                     endorsed by the competent authorities of the
3.      For the purpose of rendering the tenders compar­           Member State mentioned in the tender pursuant
able, the prices shall, where appropriate, be corrected            to Article 3 (2),
by the monetary compensatory amount applicable on             — in the case of the successful tenderer for quantities
the closing date for submission of tenders to exports              not supplied by reason of force majeure.
from     the Member State mentioned in the tender
pursuant to paragraph 2.                                      2. The security required under paragraph 1 may be
                                                              provided in the form of a cash deposit or of a
Such correction shall be made by :                            guarantee issued by a credit institution conforming to
— increasing prices which mention a Member State              criteria laid down by each Member State.
     whose currency has depreciated or a new Member
      State,                                                                           Article 7
— reducing prices which mention a Member State
     whose currency has been revalued.                        The common wheat referred to in Article 1 must be
                                                              of fair and sound merchantable quality and corres­
The monetary compensatory amount shall, where                 pond at least to the standard quality for which the
appropriate, be converted into the currency of the            intervention price is fixed, except that the moisture
Member State in which the invitation to tender is             content shall not exceed 1 5-5 % and that a maximum
issued using :                                                of 3 % of sprouted grains and 1 -5 % of miscellaneous
— in the case when the currencies concerned are               impurities shall be allowed.
      kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their                                   Article 8
     central rate,
— in the other cases, the average of the spot rates of        1 . The Belgian intervention agency shall be respon­
     the currencies concerned recorded in the Member          sible for operations relating to the invitations to
     State in which the invitation to tender is issued        tender provided for by this Regulation.
     during a period from the Wednesday of one week
                                                              2.     It shall forthwith communicate to the Commis­
     to the Tuesday of the following week being the
     period immediately preceding the closing date for        sion the list of firms which have responded to the invi­
     submission of tenders .                                  tation to tender, specifying the terms of each tender,
                                                              together with the name and business name of the
                                                              successful tenderer.
                         Article 4
The contract shall be awarded to the tenderer offering        3. Where the customs export formalities for the
the best terms, taking into consideration the adjust­         mobilized product are completed in a Member State
                                                              other than that in which the invitation to tender is
ment referred to in Article 3 (3).
                                                              issued, the intervention agency of the latter Member
However, if the tenders submitted do not appear to            State shall be responsible for the operations following
reflect normal market prices and costs, the interven­         tendering, including payment to the successful
tion agency may cancel the invitation to tender.              tenderer.
 ---pagebreak--- No L 132/44                        Official Journal of the European Communities                              20. 5. 78
In this case, the intervention agency choosing the           5. When the intervention agency responsible for
successful tenderer shall immediately inform the inter­      the operations relating to tendering is not the interven­
vention agency of the Member State concerned and             tion agency which appoints the successful tenderer, it
shall supply it with all the information which it may        shall send as soon as possible to the latter the informa­
require.                                                     tion necessary for releasing the security.
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                  Article 9
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the         On delivery of the goods at the port of shipment, a
currency of the Member State in which the operations         handing-over certificate shall be supplied to the
relating to the tendering are completed.                     successful tenderer, acting as agent for the Commu­
                                                             nity, by the agent of the recipient country, or, in the
4. The intervention agency shall request the                 absence of the latter, by the intervention agency of the
successful tenderer to supply the following informa­         Member State in whose territory the port of shipment
tion :
                                                             is situated.
(a) after each shipment a certificate showing the quan­
    tities dispatched and the quality of the products ;
                                                                                     Article 10
(b) the date of departure of the vessels.
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, 19 May 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President