CELEX: 31977R2812
Language: en
Date: 1977-12-16 00:00:00
Title: Commission Regulation (EEC) No 2812/77 of 16 December 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Rwanda

No L 322/22                             Official Journal of the European Communities                                 17. 12. 77
                                  COMMISSION REGULATION (EEC) No 2812/77
                                                     of 16 December 1977
              opening an invitation to tender for the mobilization of common wheat as food
                                               aid for the Republic of Rwanda
THE COMMISSION OF THE EUROPEAN                                    Whereas the Belgian 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 ( J), 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                   Whereas the measures provided for in this Regulation
Rwanda 2 500 tonnes of common wheat under its
                                                                   are in accordance with the opinion of the Manage­
1976/77 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
anywhere on the Community market ;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products delivered to Ruhenjeri ;
                                                                                               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 way
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency             of Community food-aid action to the Republic of
                                                                    Rwanda of 2 500 tonnes of common 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
currency situation in the Member State in which the                 Belgium in three lots.
customs export formalities will be completed ;
                                                                    3 . The products shall be mobilized on the Commu­
Whereas     the contract should          be  awarded   to  the      nity market.
tenderer offering the best terms ;
                                                                    4.     Shipment shall be from a Community port.
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question
within the set time limits, it must be made clear who               5. The invitation to tender provided for in para­
 is to bear any costs resulting therefrom ;                        graph 1 is for supply of the products delivered to
                                                                    Ruhenjeri .
Whereas provision should be made for security to be
                                                                    6.     The   successful      tenderer     shall deliver  the
given to guarantee fulfilment of the obligations arising
 by virtue of participation in the invitation to tender ;           products specified in paragraph 1 in new jute sacks of
                                                                    a net capacity of 50 kilograms.
(') 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.
P ) OJ No L 281 , 1 . 1 1 . 1975, p. 89 .                           (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- 17. 12. 77                        Official Journal of the European Communities                         No L 322/23
Minimum weight of the sacks shall be 600 grams. The              State in which the invitation to tender is issued
following shall be printed on the sacks :                        during a period from the Wednesday of one week
'Froment tendre / Don de la Communaute econo­                    to the Tuesday of the following week being the
                                                                 period immediately preceding the closing date for
mique europeenne a la republique du Rwanda /                     submission of tenders.
Destine a la vente.'
To allow for the possibility of re-bagging, the                                      Article 4
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the          The contract shall be awarded to the tenderer offering
goods but with the printing followed by a capital           the best terms, taking into consideration the adjust­
letter 'R\                                                  ment referred to in Article 3 (3).
                        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 ^hall be taken
on 30 December 1977.                                                                 Article 5
2.     The closing date for the receipt of tenders shall     1 . The tenderer shall give security in an amount of
be 30 December 1977 at 12 noon .
                                                            five units of account per tonne of goods.
3.     The   notice of invitation  to  tender shall  be
                                                             It shall be released :
published in the Official Journal of the European
Communities not less than nine days before the              — in the case of all tenderers whose tenders are
closing date for submission of tenders.                          unsuccessful or are not accepted,
                                                            — in the case of the successful tenderer, when the
                        Article 3                                operations concerned have been carried out within
                                                                 the prescribed time limit and on submission of
 1 . The prices offered must be expressed in the                 the original export licence duly granted and
currency of the Member State in which the invitation             endorsed by the competent authorities of the
to tender was issued .
                                                                 Member State mentioned in the tender pursuant
                                                                 to Article 3 (2),
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being      — in the case of the successful tenderer, for quanti­
declared successful, expects to complete the customs             ties not supplied by reason of force majeure.
export formalities for the products concerned.
                                                            2. The security required under paragraph 1 may be
3. For the purpose of rendering the tenders compar­         provided in the form of a cash deposit or of a
able, the prices shall, where appropriate, be corrected     guarantee issued by a credit institution conforming to
by the monetary compensatory amount and the acces­          criteria laid down by each Member State.
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to                                     Article 6
paragraph 2.
                                                            The    product referred to in Article 1 must be of fair
Such correction shall be made by :                          and    sound merchantable quality and correspond at
— increasing prices which mention a Member State            least   to the standard quality for which the interven­
     whose currency has depreciated or a new Member         tion   price is fixed, except that the moisture content
                                                            shall not exceed 1 4-5 % and that a maximum of 3 %
     State,
                                                            of sprouted grains and 1-5 % of miscellaneous impuri­
— reducing prices which mention a Member State              ties shall be allowed .
     whose currency has been revalued .
The monetary compensatory amount shall, where                                        Article 7
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            1 . The Belgian intervention agency shall be respon­
issued using :                                              sible for operations relating to the invitation to tender
— in the case when the currencies concerned are              provided for by this Regulation .
     kept at any given moment within a band of               2.    It shall forthwith communicate to the Commis­
     2-25 % , a conversion rate resulting from their        sion the list of firms which have responded to the invi­
     central rate,                                          tation to tender, specifying the terms of each tender,
— in the other cases, the average of the spot rates of      together with the name and business name of the
     the currencies concerned recorded in the Member        succesful tenderer.
 ---pagebreak--- No L 322/24                       Official Journal of the European Communities                              17. 12. 77
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 such 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 ask that the                taking of a security for an amount equal to the initial
tenderer specifies the following information :               payment.
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products                               Article 9
    and their packaging ;
(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, 16 December 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President