CELEX: 31977R1542
Language: en
Date: 1977-07-08 00:00:00
Title: Commission Regulation (EEC) No 1542/77 of 8 July 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Cape Verde Islands

No L 171 / 26                            Official Journal of the European Communities                              9 . 7 . 77
                                  COMMISSION REGULATION (EEC) No 1542/77
                                                          of 8 July 1977
               opening an invitation to tender for the mobilization of common wheat as food
                                                 aid for the Cape Verde Islands
THE COMMISSION OF THE EUROPEAN                                      tions arising by virtue of participation in the invita­
COMMUNITIES,                                                        tion to tender will be fulfilled ;
Having regard to the Treaty establishing the European               Whereas the French invitation agency should be
Economic Community,                                                 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                  Whereas the Commission must be informed quickly
tion of the market in cereals ('), as last amended by               of the tenders submitted in response to the invitation
Regulation (EEC) No 3138/76 (2),                                    and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                        Whereas the Monetary Committee will be consulted ;
2750/75 of 29 October 1975 laying down the condi­                   whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid (3), and          aged should be adopted in accordance with the condi­
in particular Article 6 thereof,                                    tions laid down in Article 3 (2) of Council Regulation
                                                                    No 129 on the value of the unit of account and the
Whereas on 8 February 1977 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 Cape Verde                     Regulation (EEC) No 2543/73 (5), and in particular
Islands 2 000 tonnes of common wheat under its                      Article 3 thereof ;
1976/77 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 the proposed invitation to tender should be
for supply of the products delivered in the ship's hold             HAS ADOPTED THIS REGULATION :
at the port of unloading ;
Whereas tenders may be submitted by tenderers esta­                                             Article 1
blished in any Member State of the Community and
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency
                                                                     1 . Tenders are hereby invited for the supply to the
situation in the Member States and in order to ensure               Cape Verde Islands by way of Community food-aid
                                                                    action of 2 000 tonnes of common wheat.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
currency situation in the Member State in which the                 2. The tendering procedure shall take place in
customs export formalities will be completed ;                      France in one lot. The product shall be mobilized on
                                                                    the Community market. The product shall be loaded
Whereas the award under the invitation to tender                    for the departure from any Community port.
must be made in favour of the tenderer offering the
best terms ;                                                        3 . The invitation to tender provided for in para­
                                                                    graph 1 is for supply of products removed from the
Whereas, should force majeure make it possible to                   ship's hold at the port of Sao Vincente.
complete the operation in question within the set
time limits , it should be made clear who is to bear the            The recipient country shall bear all costs subsequent
liability for any resulting costs ;                                 to delivery of the goods, including unloading costs
                                                                    (such as unstowing, hoisting and reception) and any
Whereas provisions should be made for security to be                lighterage costs.
given for the purpose of guaranteeing that the obliga­
                                                                    4.     The product shall be delivered in bulk.
(') 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.
 3 OJ No L 281 , 1 . 1 1 . 1975, p . 89 .                           (5 ) OJ No L 263 , 19 . 9 . 1973, p. 1 .
 ---pagebreak--- 9 . 7 . 77                          Official Journal of the European Communities                        No L 171 /27
                         Article 2                                                     Article 5
 1 . The decision on tenders received in response to           1 . The tenderer shall give security in an amount of
the invitation provided for in Article 1 shall be taken       five units of account per tonne of goods.
on 22 July 1977.
                                                              It shall be released :
2. The closing date for submission of tenders shall
                                                              — in the case of all tenderers whose tenders are
be 22 July 1977 at 12 noon .
                                                                   unsuccessful or are not accepted,
3.      The   notice of  invitation to   tender  shall be
                                                              — in the case of the successful tenderer, when the
published in the Official Journal of the European                  operations concerned have been carried out within
 Communities not less than nine days before the                    the prescribed time limit and on submission of
closing date for submission of tenders.                            the original export licence duly granted and
                                                                   endorsed by the competent authorities of the
                         Article 3
                                                                   Member State mentioned in the tender pursuant
 1 . The prices offered must be expressed in the                   to Article 3 (2),
currency of the Member State in which the invitation          — in the case of the successful tenderer for quantities
to tender was issued .                                             not supplied by reason of force majeure.
2. Tenders must in particular mention the Member              2. The security required under paragraph 1 may be
State in which the tenderer, in the event of his being        provided in the form of a cash deposit or of a
declared successful, expects to complete the customs          guarantee issued by a credit institution conforming to
export formalities for the products concerned.                criteria laid down by each Member State.
3.      For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected                                Article 6
by the monetary compensatory amount and the acces­            The common wheat referred to in Article 1 must be
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the            of fair and sound merchantable quality and corres­
Member State mentioned in the tender pursuant to              pond at least to the standard quality for which the
paragraph 2 ;                                                 intervention price is fixed, except that the moisture
                                                              content shall not exceed 15-5 % and that a maximum
Such correction shall be made by :                            of 3 % of sprouted grains and 1-5 % of miscellaneous
— increasing prices which mention a Member State              impurities shall be allowed.
     whose currency has depreciated or a new Member
     State,                                                                            Article 7
— reducing prices which mention a Member State
     whose currency has been revalued.                        1 . The French intervention agency shall be respon­
                                                              sible for organizing the invitation to tender provided
The monetary compensatory amount shall, where                 for by this Regulation .
appropriate, be converted into the currency of the
Member State in which the invitation to tender is             2.     It shall forthwith communicate to the Commis­
issued using :                                                sion the list of firms which have responded to the invi­
                                                              tation to tender, specifying the terms of each tender,
— in the case when the currencies concerned are
                                                              together with the name and business name of the
     kept at any given moment within a band of                successful tenderer.
     2-25 % , a conversion rate resulting from their
     central rate,                                            3 . Where the customs export formalities for the
— in the other cases, the average of the spot rates of        mobilized product are completed in a Member State
     the currencies concerned recorded in the Member          other than that in which the invitation to tender is
     State in which the invitation to tender is issued        issued, the intervention agency of the latter Member
     during a period from the Wednesday of one week           State shall be responsible for the operations following
     to the Tuesday of the following week being the           tendering, including payment to the successful
     period immediately preceding the closing date for        tenderer.
     submission of tenders .
                                                              In such case the intervention agency choosing the
                         Article 4
                                                              successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
The contract shall be awarded to the tenderer offering        shall supply it with all the information which it may
the best terms, taking into consideration the adjust­         require .
ment referred to in Article 3 (3).
                                                              Furthermore, the amount of the successful tender
However, if the tenders submitted do not appear to            shall be paid after it has been converted using the
reflect normal market prices and costs, the interven­         average of the spot rates referred to in the second
tion agency may cancel the invitation to tender.              subparagraph of Article 3 (3) to the tenderer in the
 ---pagebreak--- No L 171 /28                       Official Journal of the European Communities                                9 . 7 . 77
currency of the Member State in which the operations         tion agency which appoints the successful tenderer, it
relating to the tendering are completed.                     shall send as soon as possible to the latter the informa­
                                                             tion necessary for releasing the security.
4. The intervention agency shall request the
successful tenderer to supply the following informa­                                 Article 8
tion :
(a) after each shipment a certificate showing the quan­      As regards this tender the intervention agency is auth­
    tities dispatched and the quality of the products ;      orized to make an initial payment of 80 % of the
(b) the date of departure of the ships ;                     value of the quantity given in the bill of lading, on
                                                             presentation of that document and subject to the
(c) all possible contingencies which might occur             taking of a security for an amount equal to the initial
    during transportation of the products.                   payment.
The information indicated above shall be forwarded
by the intervention agency to the Commission immed­                                  Article 9
diately upon receipt.
                                                             This Regulation shall enter into force on the day of its
5. When the intervention agency responsible for              publication in the Official Journal of the European
the operations relating to tendering is not the interven­    Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 8 July 1977.
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President