CELEX: 31977R1541
Language: en
Date: 1977-07-08 00:00:00
Title: Commission Regulation (EEC) No 1541/77 of 8 July 1977 opening an invitation to tender for the mobilization of common wheat as food aid for Ethiopia

9 . 7. 77                                Official Journal of the European Communities                         No L 171 /23
                                     COMMISSION REGULATION (EEC) No 1541 /77
                                                           of 8 July 1977
               opening an invitation to tender for the mobilization of common wheat as food
                                                         aid for Ethiopia
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 Ethiopia 2 500 tonnes
 of   common     wheat      under      its   1976/77   food-aid      Whereas the measures provided for in this Regulation
 programme ;
                                                                     are in accordance with the opinion of the Manage­
                                                                     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 the proposed invitation to tender should be
 for supply of the products delivered in the ship's hold
at the port of unloading ;                                                                     Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                      1 . Tenderers are hereby invited for the supply, by
 may relate to products mobilized anywhere within                    way of Community food-aid action, to the Republic of
                                                                     Tunisia of 2 500 tonnes of common wheat.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account              2. The tendering procedure shall take place in the
should be taken of the effect on each tender of the                  Republic of France in one lot.
currency situation in the Member State in which the
customs export formalities will be completed ;                       3. The product shall be mobilized on the Commu­
                                                                     nity market.
Whereas     the contract should be awarded to the
tenderer offering the best terms ;                                   4.     Shipment shall be from any Community port.
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question                  5. The invitation to tender provided for in para­
within the set time limits, it must be made clear who                graph 1 is for supply of products removed from the
is to bear any costs resulting therefrom ;                           ship's hold at the port of unloading.
Whereas provision should be made for security to be                  The recipient country shall bear all costs subsequent
given to guarantee fulfilment of the obligations arising             to delivery of the goods, including unloading costs
by virtue of participation in the invitation to tender ;             (such as unstowing, hoisting and reception) and any
                                                                     lighterage costs.
(') 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--- No L 171 /24                       Official Journal of the European Communities                              9 . 7 . 77
6.    The     successful  tenderer   shall   deliver the     — in the other cases, the average of the spot rates of
products specified in paragaraph 1 to the port of                 the currencies concerned recorded in the Member
Assab or Djibouti at the recipient country's option in            State in which the invitation to tender is issued
new jute sacks of a net capacity of 50 kilograms.                 during a period from the Wednesday of one week
                                                                  to the Tuesday of the following week being the
Minimum weight of the sacks shall be 600 grams. The               period immediately preceding the closing date for
following shall be printed on the sacks :                         submission of tenders .
'Common wheat — Gift of the European Economic
Community to Ethiopia — For free distribution'.                                       Article 4
To allow for the possibility of re-bagging, the              The contract shall be awarded to the tenderer offering
successful tenderer shall supply 2 % of new empty            the best terms, taking into consideration the adjust­
sacks, of the same quality as those containing the           ment referred to in Article 3 (3).
goods but with the printing followed by a capital
letter 'R'.                                                  However, if the tenders submitted do not appear to
                                                             reflect normal market prices and costs, the interven­
                         Article 2                           tion agency may cancel the invitation to tender.
1 . The decision on tenders received in response to
                                                                                      Article 5
the invitation provided for in Article 1 shall be taken
on 22 July 1977.                                              1    The tenderer shall give security of a value of five
2.     The closing date for submission of tenders shall      units of account per tonne of goods.
be 22 July 1977 at 12 noon .                                 It shall be released :
3.     The   notice of invitation   to  tender shall  be     — in the case of all tenderers whose tenders are
published in the Official Journal of the European                 unsuccessful or are not accepted,
Communities not less than nine days before the
                                                             — in the case of the successful tenderer, when the
closing date for submission of tenders.
                                                                  operations concerned have been carried out within
                                                                  the prescribed time limit and on submission of
                         Article 3
                                                                  the original export licence duly granted and
1 . The prices offered must be expressed in the                   endorsed by the competent authorities of the
currency of the Member State in which the invitation              Member State mentioned in the tender pursuant
to tender was issued .                                            to Article 3 (2),
                                                             — in the case of the successful tenderer for quantities
2. Tenders must in particular mention the Member                  not supplied by reason of force majeure.
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs         2. The security required under paragraph 1 may be
export formalities for the products concerned.               provided in the form of a cash deposit or of a
                                                             guarantee issued by a credit institution conforming to
3. For the purpose of rendering the tenders compar­          criteria laid down by each Member State.
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount and the acces­
                                                                                      Article 6
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the
                                                             The product referred to in Article 1 must be of fair
Member State mentioned in the tender pursuant to
                                                             and sound merchantable quality and correspond at
paragraph 2.                                                 least to the standard quality for which the interven­
Such correction shall be made by :                           tion price is fixed, except that the moisture content
                                                             shall not exceed 14 % and that a maximum of 3 % of
— increasing prices which mention a Member State             sprouted grains and 1-5% of miscellaneous impuri­
    whose currency has depreciated or a new Member           ties shall be allowed .
     State,
— reducing prices which mention a Member State                                        Article 7
     whose currency has been revalued.
The monetary compensatory amount shall, where                 1 . The French intervention agency shall be respon­
appropriate, be converted into the currency of the           sible for organizing the invitation to tender provided
Member State in which the invitation to tender is            for by this Regulation .
issued using :                                                2.    It shall forthwith communicate to the Commis­
— in the case when the currencies concerned are              sion the list of firms which have responded to the invi­
     kept at any given moment within a band of               tation to tender, specifying the terms of each tender,
     2-25 % a conversion rate resulting from their           together with the name and business name of the
     central rate,                                           successful tenderer .
 ---pagebreak--- 9 . 7. 77                          Official Journal of the European Communities                         No L 171 /25
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 intervention agency shall transmit the informa­
State shall be responsible for the operations following      tion provided for to the Commission as soon as it is
tendering, including payment to the successful               received .
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.
Furthermore, the amount of the successful tender                                      Article 8
shall be paid after it has been converted using the
average of the spot rates referred to in the second          As regards this tender the intervention agency is auth­
subparagraph of Article 3 (3) to the tenderer in the         orized to make an initial payment of 80 % of the
currency of the Member State in which the operations         value of the quantity given in the bill of lading, on
relating to the tendering are completed.                     presentation of that document and subject to the
4. The intervention agency shall request the                 taking of a security for an amount equal to the initial
successful tenderer to supply the following informa­         payment.
tion :
(a) after each shipment a certificate showing the quan­                               Article 9
    tities dispatched and the quality of the products ;
(b) the date of the departure of the ships ; the             This Regulation shall enter into force on the day of its
    expected date of arrival of the products at their        publication in the Official Journal of the European
    destination ;                                            Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 8 July 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President