CELEX: 31977R1317
Language: en
Date: 1977-06-20 00:00:00
Title: Commission Regulation (EEC) No 1317/77 of 20 June 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Benin

No L 152/8                             Official Journal of the European Communities                             21 . 6 . 77
                                 COMMISSION REGULATION (EEC) No 1317/77
                                                       of 20 June 1977
              opening an invitation to tender for the mobilization of common wheat as food
                                               aid for the Republic of Benin
THE COMMISSION OF THE EUROPEAN                                   Whereas the French intervention agency should be
COMMUNITIES,                                                     made responsible for the tendering procedure in ques­
                                                                 tion ;
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 3138/76 (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
                                                                  Regulation (EEC) No 2543/73 (5), and in particular
Whereas on 8 February 1977 the Council of the Euro­              Article 3 thereof ;
pean Communities declared that by way of Commu­
nity action it proposed to grant the Republic of Benin           Whereas the measures provided for in this Regulation
2 500 tonnes of common wheat under the 1976/77                    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                  HAS ADOPTED THIS REGULATION :
anywhere on the Community market ;
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            1 . Tenders are hereby invited for the supply, by
nated by the recipient or its agent ;                             way of Community food-aid action, to the Republic of
                                                                  Benin 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                  Republic of France in one lot.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure             3. The product shall be mobilized on the Commu­
                                                                  nity market.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
                                                                  4.    Shipment shall be from Rouen or Dunkirk.
currency situation in the Member State in which the
customs export formalities will be completed ;                    5. The product referred to in paragraph 1 is to be
                                                                  delivered in new jute sacks of a net capacity of 50 kilo­
Whereas the contract should be awarded to the
                                                                  grams to the port of shipment in the vicinity of the
 tenderer offering the best terms ;                               vessel . The goods must be set down at the place nomi­
                                                                  nated by the recipient country or its agent, the timing
Whereas in case it should be impossible for reasons of            of delivery being settled by the tenderer and the recip­
force majeure to complete the operation in question               ient country's agent.
within the set time limits, it must be made clear who
 is to bear any costs resulting therefrom ;                       Minimum weight of the sacks shall be 600 grams. The
                                                                  following shall be printed on the sacks :
Whereas provision should be made for security to be
given to guarantee fulfilment of the obligations arising            Froment tendre — Don de la Communauté écono­
 by virtue of participation in the invitation to tender ;          mique européenne à la République du Bénin —
                                                                   Destiné à la vente'.
0) 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) OJ No L 281 , 1 . 11 . 1975, p. 89.                           (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  21 . 6. 77                       Official Journal of the European Communities                            No L 152/9
To allow for the possibility of re-bagging, the                   during a period from the Wednesday of one week
 successful tenderer shall supply 2 % of new empty                to the Tuesday of the following week being the
 sacks, of the same quality as those containing the               period immediately preceding the closing date for
goods but with the printing followed by a capital                submission of tenders.
 letter 'R'.
                                                                                      Article 4
                        Article 2
                                                             The contract shall be awarded to the tenderer offering
 1 . The decision on tenders received in response to         the best terms, taking into consideration the adjust­
 the invitation provided for in Article 1 shall be taken     ment referred to in Article 3 (3).
on 1 July 1977.
                                                             However, if the tenders submitted do not appear to
2. The closing date for submission of tenders shall          reflect normal market prices and costs, the interven­
be 1 July 1977 at 12 noon .                                  tion agency may cancel the invitation to tender.
3.     The   notice of invitation  to tender shall    be
                                                                                      Article 5
published in the Official Journal of the European
 Communities not less than nine days before the
closing date for submission of tenders.                      If the tenderer is unable to deliver the goods in
                                                             compliance with Article 1 (3) on the date given in the
                                                             notice of invitation to tender as a result of the late
                        Article 3
                                                            availability of the vessels to be used for sea transporta­
                                                             tion, the resulting costs shall be borne by the interven­
                                                             tion agency.
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation
to tender was issued .                                                                Article 6
2. Tenders must in particular mention the Member             1 . The tenderer shall give security of a value of five
State in which the tenderer, in the event of his being      units of account per tonne of goods.
declared successful, expects to complete the customs
export formalities for the products concerned.               It shall be released :
3 . For the purpose of rendering the tenders compar­        — in the case of all tenderers whose tenders are
able, the prices shall, where appropriate, be corrected          unsuccessful or are not accepted,
by the monetary compensatory amount and the acces­          — in the case of the successful tenderer, when the
sion compensatory amount applicable on the closing               operations, concerned have been carried out within
date for submission of tenders to exports from the               the prescribed time limit and on submission of
Member State mentioned in the tender pursuant to                 the original export licence duly granted and
paragraph 2.                                                     endorsed by the competent authorities of the
                                                                 Member State mentioned in the tender pursuant
Such correction shall be made by :                               to Article 3 (2),
— increasing prices which mention a Member State            — in the case of the successful tenderer for quantities
     whose currency has depreciated or a new Member              not supplied by reason of force majeure,
     State,
                                                            2. The security required under paragraph 1 may be
— reducing prices which mention a Member State              provided in the form of a cash deposit or of a
     whose currency has been revalued .                     guarantee issued by a credit institution conforming to
                                                            criteria laid down by each Member State .
The monetary compensatory amount shall, where
appropriate, be converted into the currency of the
Member State in which the invitation to tender is                                    Article 7
issued using :
                                                            The common wheat referred to in Article 1 to be
— in the case when the currencies concerned are
                                                            supplied to the Republic of Benin must be of fair and
     kept at any given moment within a band of              sound merchantable quality and correspond at least to
     2-25 % a conversion rate resulting from their          the standard quality for which the intervention price
     central rate ,
                                                            is fixed, except that the humidity shall not exceed
— in the other cases, the average of the spot rates of      1 5-5 % and that a maximum tolerance of 3 % of
     the currencies concerned recorded in the Member        sprouted grains and 1-5 % of miscellaneous impuri­
     State in which the invitation to tender is issued      ties shall be allowed .
 ---pagebreak--- No L 152/ 10                       Official Journal of the European Communities                               21 . 6. 77
                        Article 8                             4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
1 . The French intervention agency shall be respon­           tion :
sible for organizing the invitation to tender provided
for by this Regulation.                                       (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
2.    It shall forthwith communicate to the Commis­
                                                              (b) the date of departure of the vessels.
sion the list of firms which have responded to the invi­      The information indicated above shall be forwarded
tation to tender, specifying the terms of each tender,
together with the name and business name of the               by the intervention agency to the Commission imme­
successful tenderer.                                          diately upon receipt.
                                                              5. When the intervention agency responsible for
3 . Where the customs export formalities for the
                                                              the operations relating to tendering is not the interven­
mobilized product are completed in a Member State             tion agency which appoints the successful tenderer, it
other than that in which the invitation to tender is
                                                              shall send as soon as possible to the latter the informa­
issued, the intervention agency of the latter Member          tion necessary for releasing the security.
State shall be responsible for the operations following
tendering, including payment to the successful                                         Article 9
tenderer.
                                                              On delivery of the goods at the port of shipment, a
In this case, the intervention agency choosing the            handing-over certificate shall be supplied to the
successful tenderer shall immediately inform the inter­       successful tenderer, acting as agent for the Commu­
vention agency of the Member State concerned and              nity, by the agent of the recipient country, or, in the
shall supply it with all the information which it may         absence of the latter, by the intervention agency of the
require.                                                      Member State in whose territory the port of shipment
                                                              is situated .
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                   Article 10
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the          This Regulation shall enter into force on the day of its
currency of the Member State in which the operations           publication in the Official Journal of the European
relating to the tendering are completed.                       Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 20 June 1977.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President