CELEX: 31978R0110
Language: en
Date: 1978-01-20 00:00:00
Title: Commission Regulation (EEC) No 110/78 of 20 January 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Pakistan

No L 17/20                              Official Journal of the European Communities                             21 . 1 . 78
                                  COMMISSION REGULATION (EEC) No 110/78
                                                      of 20 January 1978
              opening an invitation to tender for the mobilization of common wheat as food
                                               aid for the Republic of Pakistan
THE COMMISSION OF THE EUROPEAN                                     Whereas provisions should be made for security to be
COMMUNITIES,                                                       given for the purpose of guaranteeing that the obliga­
                                                                   tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European              tion to tender will be fulfilled ;
Economic Community,
                                                                   Whereas the French intervention agency should be
Having regard to Council Regulation (EEC) No                       made responsible for the tendering procedure in ques­
2727/75 of 29 October 1975 on the common organiza­                 tion ;
tion of the market in cereals ('), as last amended by
Regulation (EEC) No 1 386/77 (2),                                  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 ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and         Whereas the Monetary Committee will be consulted ;
in particular Article 6 thereof,                                   whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
Whereas on 8 February 1977 the Council of the Euro­                tions laid down in Article 3 (2) of Council Regulation
pean Communities declared that by way of Commu­                    No 129 on the value of the unit of account and the
nity action it proposed to grant the Republic of                   exchange rates to be applied for the purposes of the
Pakistan 25 000 tonnes of common wheat under its                   common agricultural policy (4), as last amended by
1976/77 food-aid programme ;                                       Regulation (EEC) No 2543/73 (5), and in particular
                                                                   Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                   Whereas the measures provided for in this Regulation
anywhere on the Community market ;                                 are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
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 ;                              HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenders esta­
blished in any Member State of the Community and                                                Article 1
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure               1 . Tenders are hereby invited for the supply, by
that the tenders are as comparable as possible account             way of Community food-aid action to the Republic of
should be taken of the effect on each tender of the                Pakistan , of 25 000 tonnes of common wheat.
currency situation in the Member State in which the
customs export formalities will be completed ;                     2. The tendering procedure shall take place in
                                                                   France in one lot. The product shall be mobilized on
Whereas the award under the invitation to tender                   the Community market. The product shall be loaded
must be made in favour of the tenderer offering the                for departure from any Community port.
best terms ;
                                                                   3 . The product referred to in paragraph 1 is to be
Whereas, should force majeure make it impossible to                delivered in bulk to the port of shipment in the
complete the operation in question within the set                  vicinity of the vessel . The goods must be set down at
time limits, it should be made clear who is to bear the            the place nominated by the recipient country or its
liability for any resulting costs ;                                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 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--- 21 . 1 . 78                        Official Journal of the European Communities                            No L 17/21
                        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 3 February 1978 .                                          notice of invitation to tender as a result of the late
                                                              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 3 February 1978 at 12 noon .                               tion agency.
3.     The   notice  of invitation  to  tender shall  be
                                                                                       Article 6
published in the Official Journal of the European
Communities not less than nine days before the                1 . The tenderer shall give security in an amount of
closing date for submission of tenders.                       five units of account per tonne of goods.
                                                              It shall be released :
                        Article 3
                                                              — in the case of all tenderers whose tenders are
1 . The prices offered must be expressed in the                   unsuccessful or are not accepted,
currency of the Member State in which the invitation          — in the case of the successful tenderer, when the
to tender was issued .                                            operations concerned have been carried out within
2. Tenders must in particular mention the Member                  the prescribed time limit and on submission of
State in which the tenderer, in the event of his being            the original export licence duly granted and
declared successful, expects to complete the customs              endorsed by the competent authorities of the
export formalities for the products concerned .                   Member State mentioned in the tender pursuant
                                                                  to Article 3 (2),
3 . For the purpose of tendering the tenders compar­          — in the case of the successful tenderer for quantities
able, the prices shall, where appropriate, be corrected           not supplied by reason of force majeure.
by the monetary compensatory amount and the acces­
sion compensatory amount applicable on the closing            2. The security required under paragraph 1 may be
date for submission of tenders to exports from the            provided in the form of a cash deposit or of a
Member State mentioned in the tender pursuant to              guarantee issued by a credit institution conforming to
                                                              criteria laid down by each Member State.
paragraph 2,
Such correction shall be made by :                                                     Article 7
— increasing prices which mention a Member State              The common wheat referred to in Article 1 must be
     whose currency has depreciated or a new Member           of fair and sound merchantable quality and corres­
     State ,                                                  pond at least to the standard quality for which the
— reducing prices which mention a Member State                intervention price is fixed, except that the moisture
                                                              content shall not exceed 1 5-5 % and that a maximum
     whose currency has been revalued.
                                                              of 3 % of sprouted grains and 1 -5 % of miscellaneous
The monetary compensatory amount shall, where                 impurities shall be allowed.
appropriate, be converted into the currency of the
Member State in which the invitation to tender is                                      Article 8
issued using :
                                                              1 . The French intervention agency shall be respon­
— in the case when the currencies concerned are               sible for organizing the invitation to tender provided
     kept at any given moment within a band of                for by this Regulation .
     2-25 % , a conversion rate resulting from their          2.     It shall forthwith communicate to the Commis­
     contract rate ,
                                                              sion the list of firms which have responded to the invi­
— in the other cases, the average of the spot rates of        tation to tender, specifying the terms of each tender,
     the currencies concerned recorded in the Member
                                                              together with the name and business name of the
     State in which the invitation to tender is issued        successful tenderer.
     during a period from the Wednesday of one week
     to the Tuesday of the following week being the           3 . Where the customs export formalities for the
     period immediately preceding the closing date for        mobilized product are completed in a Member State
     submission of tenders .                                  other than that in which the invitation to tender is
                                                              issued, the intervention agency of the latter Member
                        Article 4                             State shall be responsible for the operations following
                                                              tendering, including payment to the successful
The contract shall be awarded to the tenderer offering        tenderer.
the best terms, taking into consideration the adjust­
ment referred to in Article 3 (3).                            In such case, the intervention agency choosing the
                                                              successful tenderer shall immediately inform the inter­
However, if the tenders submitted do not appear to            vention agency of the Member State concerned and
reflect normal market prices and costs, the interven­         shall supply it with all the information which it may
tion agency may cancel the invitation to tender.              require.
 ---pagebreak--- No L 17/22                        Official Journal of the European Communities                               21 . 1 . 78
Furthermore, the amount of the successful tender             5. When the intervention agency responsible for
shall be paid after it has been converted using the          the operations relating to tendering is not the interven­
average of the spot rates referred to in the second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (3) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security.
relating to the tendering are completed.
                                                                                     Article 9
4.       The intervention agency shall request the
successful tenderer to supply the following informa­         On delivery of the goods at the port of shipment, a
tion :                                                       handing-over certificate shall be supplied to the
                                                             successful tenderer, acting as agent for the Commu­
(a) after shipment a certificate showing the quantities      nity, by the agent of the recipient country, or, in the
    dispatched and the quality of the products ;             absence of the latter, by the intervention agency of the
(b) the date of departure of the ship ;                      Member State in whose territory the port of shipment
                                                             is situated .
(c) all possible contingencies which might occur
    during transportation of the products.                                           Article 10
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, 20 January 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President