CELEX: 31978R1106
Language: en
Date: 1978-05-26 00:00:00
Title: Commission Regulation (EEC) No 1106/78 of 26 May 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the People's Republic of Bangladesh

27 . 5 . 78                             Official Journal of the European Communities                             No L 140/ 5
                                    COMMISSION REGULATION (EEC) No 1106/78
                                                           of 26 May 1978
                 opening an invitation to tender for the mobilization of common wheat as food
                                         aid for the People's Republic of Bangladesh
  THE COMMISSION OF THE EUROPEAN                                     Whereas provision should be made for security to be
  COMMUNITIES,                                                       given to guarantee fulfilment of the obligations arising
                                                                     by virtue of participation in the invitation to tender ;
  Having regard to the Treaty establishing the European
  Economic Community,                                                Whereas the French intervention agency should be
                                                                     made responsible for the tendering procedure in ques­
                                                                     tion ;
  Having regard to Council Regulation (EEC) No
  2727/75 of 29 October 1975 on the common organiza­
  tion of the market in cereals ( J), as last amended by             Whereas the Commission must be informed quickly
  Regulation (EEC) No 709/78 (2),                                    of the tenders submitted in response to the invitation
                                                                     and of those accepted by the intervention agency ;
  Having regard to Council Regulation (EEC) No
  2750/75 of 29 October 1975 laying down the condi­                  Whereas the Monetary Committee will be consulted ;
  tions for the mobilization of cereals as food aid (3), and         whereas in view of the urgency, the measures envis­
 in particular Article 6 thereof,                                    aged should be adopted in accordance with the condi­
                                                                     tions laid down in Article 3 (2) of Council Regulation
                                                                     No 129 on the value of the unit of account and the
 Whereas on 30 January 1978 the Council of the Euro­                 exchange rates to be applied for the purposes of the
 pean Communities declared that by way of Commu­                     common agricultural policy (4), as last amended by
 nity action it proposed to grant the People's Republic              Regulation (EEC) No 2543/73 (5), and in particular
 of Bangladesh 90 000 tonnes of common wheat under                   Article 3 thereof ;
 the 1977/78 food-aid programme ;
                                                                     Whereas the measures provided for in this Regulation
 Whereas pursuant to Article 3 (3) of Council Regula­                are in accordance with the opinion of the Manage­
 tion (EEC) No 2750/75 the goods may be purchased                    ment Committee for Cereals,
 anywhere on the Community market ;
 Whereas tenders should be invited for the supply of
 the product to the port of shipment in the vicinity of              HAS ADOPTED THIS REGULATION :
 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 People's
 those Member States ; whereas, in view of the currency              Republic of Bangladesh, of 90 000 tonnes of common
 situation in the Member States and in order to ensure               wheat .
 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                 France in three lots of 30 000 tonnes . The product
 customs export formalities will be completed ;                     shall be mobilized on the Community market. The
                                                                     product shall be loaded for departure from any
Whereas       the  contract  should       be  awarded   to   the    Community port.
 tenderer offering the best terms ;
                                                                    3 . The product referred to in paragraph 1 is to be
Whereas in case it should be impossible for reasons of              delivered in bulk to the port of shipment in the
force majeure to complete the operation in question                 vicinity of the vessel . The goods must be set down at
within the set time limits, it must be made clear who               the place nominated by the recipient country or its
is to bear any costs resulting therefrom ;                          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 94, 8 . 4. 1978 , p. 9 .                                (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 140/ 6                        Official Journal of the European Communities                               27 . 5 . 78
                        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 9 June 1978 .                                              notice of invitation to tender as a result of the late
2. The closing date for submission of tenders shall           availability of the vessels to be used for sea transporta­
be 9 June 1978 at 12 noon .
                                                              tion, the resulting costs shall be borne by the interven­
                                                              tion agency.
3.     The notice of invitation to tender shall be
published in the Official Journal of the European                                       Article 6
Communities not less than nine days before the
closing date for submission of tenders.                       1 . The tenderer shall give security of a value of five
                                                              units of account per tonne of goods.
                         Article 3
                                                              It shall be released :
 1 . The prices offered must be expressed in the
                                                              — in the case of all tenderers whose tenders are
currency of the Member State in which the invitation
to tender was issued .                                             unsuccessful or are not accepted,
                                                              — in the case of the successful tenderer, when the
2. Tenders must in particular mention the Member                   operations concerned have been carried out within
State in which the tenderer, in the event of his being             the prescribed time limit and on submission of
declared successful, expects to complete the customs               the original export licence duly granted and
export formalities for the products concerned.                     endorsed by the competent authorities of the
3.      For the purpose of rendering the tenders compar­           Member State mentioned in the tender pursuant
able, the prices shall, where appropriate, be corrected            to Article 3 (2),
by the monetary compensatory amount applicable on             — in the case of the successful tenderer for quantities
 the closing date for submission of tenders to exports             not supplied by reason of force majeure.
 from    the Member State mentioned in the tender
 pursuant to paragraph 2.                                      2. The security required under paragraph 1 may be
                                                               provided in the form of a cash deposit or of a
 Such correction shall be made by :                           guarantee issued by a credit institution conforming to
 — increasing prices which mention a Member State              criteria laid down by each Member State.
      whose currency has depreciated or a new Member
      State,                                                                            Article 7
 — reducing prices which mention a Member State
      whose currency has been revalued.                        The common wheat referred to in Article 1 must be
                                                               of fair and sound merchantable quality and corres­
 The monetary compensatory amount shall, where                 pond at least to the standard quality for which the
 appropriate, be converted into the currency of the            intervention price is fixed, except that the moisture
 Member State in which the invitation to tender is             content shall not exceed 1 5-5 % and that a maximum
 issued using :                                                of 3 % of sprouted grains and 1 -5 % of miscellaneous
 — in the case when the currencies concerned are               impurities shall be allowed.
      kept at any given moment within a band of
      2-25 % , a conversion rate resulting from their                                   Article 8
      central rate,
 — in the other cases, the average of the spot rates of        1 . The French intervention agency shall be respon­
      the currencies concerned recorded in the Member          sible for organizing the invitation to tender provided
      State in which the invitation to tender is issued        for by this Regulation .
      during a period from the Wednesday of one week
                                                               2.     It shall forthwith communicate to the Commis­
      to the Tuesday of the following week being the
      period immediately preceding the closing date for        sion the list of firms which have responded to the invi­
      submission of tenders .                                  tation to tender, specifying the terms of each tender,
                                                               together with the name and business name of the
                                                               successful tenderer.
                         Article 4
 The contract shall be awarded to the tenderer offering        3 . Where the customs export formalities for the
  the best terms, taking into consideration the adjust­        mobilized product are completed in a Member State
                                                               other than that in which the invitation to tender is
  ment referred to in Article 3 (3).
                                                               issued, the intervention agency of the latter Member
  However, if the tenders submitted do not appear to           State shall be responsible for the operations following
  reflect normal market prices and costs, the interven­        tendering, including payment to the successful ten­
  tion agency may cancel the invitation to tender.             derer.
 ---pagebreak--- 27 . 5 . 78                         Official Journal of the European Communities                           No L 140 /7
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, acting as agent for the Commu­
                                                              nity, by the agent of the recipient country, or, in the
4. The intervention agency shall request the
                                                              absence of the latter, by the intervention agency of the
successful tenderer to supply the following informa­
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, 26 May 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President