CELEX: 31977R2322
Language: en
Date: 1977-10-21 00:00:00
Title: Commission Regulation (EEC) No 2322/77 of 21 October 1977 opening an invitation to tender for the mobilization of durum wheat as food aid for the Republic of Peru

No L 270/8                             Official Journal of the European Communities                           22. 10 . 77
                                  COMMISSION REGULATION (EEC) No 2322/77
                                                      of 21 October 1977
               opening an invitation to tender for the mobilization of durum wheat as food aid
                                                   for the Republic of Peru
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
 Having regard to Council Regulation (EEC) No                      of the tenders submitted in response to the invitation
2727/75 of 29 October 1975 on the common organiza­                 and of those accepted by the intervention agency ;
tion of the market in cereals (J), as last amended by
Regulation (EEC) No 1 386/77 (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 8 February 1977 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 Republic of Peru
7 500 tonnes of durum wheat under the 1976/77 food­
                                                                  Whereas the measures provided for in this Regulation
aid 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 ;
Whereas tenders should be invited for the supply of                HAS ADOPTED THIS REGULATION :
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 Republic of
those Member States ; whereas, in view of the currency            Peru of 7 500 tonnes of durum 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               French Republic in one lot.
customs export formalities will be completed ;
                                                                  3 . The product shall be mobilized on the Commu­
Whereas     the  contract should be awarded to the                nity market.
tenderer offering the best terms ;
                                                                  4. Loading shall be carried out in a Community
Whereas in case it should be impossible for reasons of            port which has regular services to Peru.
force majeure to complete the operation in question
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 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 .                          (s) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  22. 10 . 77                       Official Journal of the European Communities                            No L 270/9
                        Article 2                              However, if the tenders submitted do not appear to
                                                              reflect normal market prices and costs, the interven­
 1 . The decision on tenders received in response to          tion agency may cancel the invitation to tender.
 the invitation provided for in Article 1 shall be taken
 on 4 November 1977.
                                                                                       Article 5
 2.    The closing date for submission of tenders shall
be 4 November 1977 at 12 noon .                               If the tenderer is unable to deliver the goods in
                                                              compliance with Article 1 (3) on the date given in the
 3.    The   notice  of invitation to tender shall    be      notice of invitation to tender as a result of the late
 published in the Official Journal of the European            availability of the vessels to be used for sea transporta­
 Communities not less than nine days before the               tion, the resulting costs shall be borne by the interven­
closing date for submission of tenders.                       tion agency.
                                                                                       Article 6
                        Article 3
                                                              1 . The tenderer shall give security of a value of five
 1 . The prices offered must be expressed in the              units of account per tonne of goods.
currency of the Member State in which the invitation
to tender was issued .                                        It shall be released :
                                                             — in the case of all tenderers whose tenders are
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being            unsuccessful or are not accepted,
declared successful, expects to complete the customs         — in the case of the successful tenderer, when the
exports formalities for the products concerned .                  operations concerned have been carried out within
                                                                  the prescribed time limit and on submission of
3.     For the purpose of rendering the tenders compar­           the original export licence duly granted and
able, the prices shall, where appropriate, be corrected           endorsed by the competent authorities of the
by the monetary compensatory amount and the acces­                Member State mentioned in the tender pursuant
sion compensatory amount applicable on the closing                to Article 3 (2),
date for submission of tenders to exports from the           — in the case of the successful tenderer for quantities
Member State mentioned in the tender pursuant to                  not supplied by reason of force majeure.
paragraph 2.
                                                             2. The security required under paragraph 1 may be
Such correction shall be made by :                           provided in the form of a cash deposit or of a
— increasing prices which mention a Member State             guarantee issued by a credit institution conforming to
     whose currency has depreciated or a new Member          criteria laid down by each Member State.
     State,
— reducing prices which mention a Member State                                         Article 7
     whose currency has been revalued.
                                                             The product referred to in Article 1 must be of fair
The monetary compensatory amount shall, where                and sound merchantable quality, be free from odour,
appropriate, be converted into the currency of the           and correspond at least to the standard quality for
Member State in which the invitation to tender is            which the intervention price is fixed.
issued using :
                                                                                      Article 8
— in the case when the currencies concerned are
     kept at any given moment within a band of                1 . The French intervention agency shall be respon­
     2 25 % , a conversion rate resulting from their         sible for organizing the invitation to tender provided
    central rate,                                            for by this Regulation .
— in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member         2.     It shall forthwith communicate to the Commis­
    State in which the invitation to tender is issued        sion the list of firms which have responded to the invi­
    during a period from the Wednesday of one week           tation to tender, specifying the terms of each tender,
    to the Tuesday of the following week being the           together with the name and business name of the
                                                             successful tenderer.
    period immediately preceding the closing date for
    submission of tenders .
                                                             3 . Where the customs export formalities for the
                                                             mobilized product are completed in a Member State
                        Article 4                            other than that in which the invitation to tender is
                                                             issued, the intervention agency of the latter Member
The contract shall be awarded to the tenderer offering       State shall be responsible for the operations following
the best terms, taking into consideration the adjust­        tendering, including payment to the successful
ment referred to in Article 3 (3).                           tenderer.
 ---pagebreak--- No L 270/ 10                       Official Journal of the European Communities                              22. 10 . 77
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, apting as agent for the Commu­
4. The intervention agency shall request the                  nity, by the agent of the recipient country, or, in the
successful tenderer to supply the following informa­          absence of the latter, by the intervention agency of the
tion :                                                        Member State in whose territory the port of shipment
                                                              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, 21 October 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President