CELEX: 31977R2736
Language: en
Date: 1977-12-10 00:00:00
Title: Commission Regulation (EEC) No 2736/77 of 9 December 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the United Nations High Commission for Refugees

No L 316/26                             Official Journal of the European Communities                            10 . 12. 77
                                    COMMISSION REGULATION (EEC) No 2736/77
                                                      of 9 December 1977
               opening an invitation to tender for the mobilization of common wheat as food
                             aid for the United Nations High Commission for Refugees
 THE COMMISSION OF THE EUROPEAN                                     limits specified, it must be made clear who is to bear
 COMMUNITIES,                                                       the liability for any resulting costs ;
 Having regard to the Treaty establishing the European              Whereas provision should be made for security to be
 Economic Community,                                               given to guarantee fulfilment of the obligations arising
                                                                    by virtue of participation in the invitation to tender ;
 Having regard to Council Regulation (EEC) No
 2727/75 of 29 October 1975 on the common organiza­                Whereas the French intervention agency should be
 tion of the market in cereals ('), as last amended by              made responsible for the tendering procedure in ques­
 Regulation (EEC) No 1386/77 (2),                                   tion ;
 Having regard to Council Regulation (EEC) No                      Whereas the Commission must be informed quickly
 2750/75 of 29 October 1975 laying down the condi­                 of the tenders submitted in response to the invitation
 tions for the mobilization of cereals as food aid (3), and        and of those accepted by the intervention agency ;
 in particular Article 6 thereof,
                                                                   Whereas the Monetary Committee will be consulted ;
                                                                   whereas, in view of the urgency, the measures envis­
 Whereas on 8 February 1977 the Council of the Euro­               aged should be adopted in accordance with the condi­
 pean Communities declared that it proposed by way                 tions laid down in Article 3 (2) of Council Regulation
 of Community action to grant 8 080 tonnes of                       No 129 on the value of the unit of account and the
 common wheat to the United Nations High Commis­                   exchange rates to be applied for the purposes of the
 sion for Refugees under its 1974/75, 1975/76 and                  common agricultural policy (4), as last amended by
 1976/77 food-aid programmes ;                                     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 the proposed invitation to tender should be
 for supply of the products delivered Limassol , that is
 at the moment when the goods are actually placed on
 the dock or in the lighter where applicable ;                     HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers 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 to the
 that the tenders are as comparable as possible, account           United Nations High Commission for Refugees, by
 should be taken of the effect on each tender of the               way of Community food-aid action, of 8 080 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.
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;
                                                                   3 . The product shall be mobilized on the Commu­
                                                                   nity market.
Whereas, should force majeure make it impossible to
complete the operation in question within the time
                                                                   4.      Shipment shall be from a Community port.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2 ) OJ No L 158 , 29 . 6 . 1977, p. 1 .                           (<) 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--- 10 . 12. 77                       Official Journal of the European Communities                         No L 316/27
5. The invitation to tender provided for in para­                                     Article 4
graph 1 is for supply of products delivered Limassol,
that is at the moment when the goods are actually           The contract shall be awarded to the tenderer offering
placed on the dock or in the lighter where applicable.      the best terms, taking into consideration the adjust­
                                                            ment referred to in Article 3 (3).
6.     The product shall be delivered in bulk.
                                                             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 23 December 1977.
                                                             1 . The tenderer shall give security in an amount of
2.     The closing date for the submission of tenders       five units of account per tonne of goods.
shall be 23 December 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 the 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
                                                                 endorsed by the competent authorities of the
1 . The prices offered must be expressed in the                  Member State mentioned in the tender pursuant
currency of the Member State in which the invitation             to Article 3 (2),
to tender was issued.
                                                            — in the case of the successful tenderer, for quanti­
2. Tenders must in particular mention the Member                 ties not supplied by reason of force majeure.
State in which the tenderer, in the event of his being      2. The security required under paragraph 1 may be
declared successful, expects to complete the customs        provided in the form of a cash deposit or of a
export formalities for the products concerned.              guarantee issued by a credit institution conforming to
                                                            criteria laid down by each Member State.
3 . For the purpose of rendering the tenders compar­
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          The common wheat referred to in Article 1 to be
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to            supplied to the United Nations High Commission for
paragraph 2.                                                 Refugees must be of fair and sound merchantable
                                                             quality and correspond at least to the standard quality
Such correction shall be made by :                           for which the intervention price is fixed, except that
                                                             the moisture content shall not exceed 15 % and that a
— increasing prices which mention a Member State             maximum of 3 % of sprouted grains and 1 -5 % of
     whose currency has depreciated or a new Member          miscellaneous impurities shall be allowed.
     State,
— reducing prices which mention a Member State                                        Article 7
     whose currency has been revalued.
                                                             1 . The French intervention agency shall be respon­
The monetary compensatory amount shall, where                sible for organizing the invitation to tender provided
appropriate, be converted into the currency of the           for by this Regulation .
Member State in which the invitation to tender is
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
                                                             successful tenderer.
     central rate,
— in the other cases, the average of the spot rates of       3 . Where the customs export formalities for the
     the currencies concerned recorded in the Member         mobilized product are completed in a Member State
     State in which the invitation to tender is issued       other than that in which the invitation to tender is
     during a period from the Wednesday of one week          issued, the intervention agency of the latter Member
     to the Tuesday of the following week being the          State shall be responsible for the operations following
     period immediately preceding the closing date for       tendering, including payment to the successful
     submission of tenders .                                 tenderer.
 ---pagebreak--- No L 316/28                       Official Journal of the European Communities                              10 . 12 . 77
In this case, the intervention agency choosing the           The intervention agency, shall transmit the informa­
successful tenderer shall immediately inform the inter­      tion provided for to the Commission as soon as it is
vention agency of the Member State concerned and             received .
shall supply it with all the information which it may
require.                                                     5. When the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
Furthermore, the amount of the successful tender             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
                                                                                      Article 8
relating to the tendering are completed .
4. The intervention agency shall request the                 As regards this tender, the intervention agency is auth­
successful tenderer to supply the following informa­         orized to make an initial payment of 80 % of the
tion :                                                       value of the quantity given in the bill of lading, on
                                                             presentation of that document and subject to the
(a) after each shipment, a statement giving details of       taking of a security for an amount equal to the initial
    the quantities loaded, the quality of the products       payment.
    and the type of packaging ;
(b) the date of the departure of the ships ; the esti­                                Article 9
    mated date of arrival of the products at their desti­
    nation ;                                                 This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
    during transportation of the products.                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 9 December 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President