CELEX: 31977R0457
Language: en
Date: 1977-03-04 00:00:00
Title: Commission Regulation (EEC) No 457/77 of 4 March 1977 opening an invitation to tender for the mobilization of maize as food aid for the World Food Programme

5 . 3 . 77                              Official Journal of the European Communities                           No L 60/5
                                   COMMISSION REGULATION (EEC) No 457/77
                                                       of 4 March 1977
              opening an invitation to tender for the mobilization of maize as food aid for the
                                                   World Food Programme
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              for the supply of wheat to the WFP ;
Economic Community,
                                                                  Whereas the French intervention agency should be
Having regard to Council Regulation (EEC) No                       made responsible for the tendering procedure in ques­
                                                                   tion ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as amended by Regula­
tion (EEC) No 3138 /76 (2),                                       Whereas the Commission must be informed quickly
                                                                  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 fixing criteria for the                Whereas the Monetary Committee will be consulted ;
mobilization of cereals intended as food aid (3), and in          whereas, in view of the urgency, the measures envis­
particular Article 6 thereof,                                     aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
Whereas on 25 March 1976 the Council of the Euro­                  No 129 on the value of the unit of account and the
pean Communities declared that by way of Commu­                   exchange rates to be applied for the purposes of the
nity action it proposed to grant the World Food                   common agricultural policy (4), as last amended by
Programme (WFP) 7 953 tonnes of maize under its                    Regulation (EEC) No 2543/73 (5), and in particular
 1975/76 food-aid programme ;                                     Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­              Whereas the measures provided for in this Regulation
tion (EEC) No 2750/75 the goods may be purchased                   are in accordance with the opinion of the Manage­
anywhere on the Community market ;                                 ment Committee for Cereals,
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 to the
may relate to products mobilized anywhere within
                                                                  World Food Programme by way of Community food­
those Member States ; whereas, in view of the currency            aid action of :
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account           — 7 953 tonnes of maize (1 953 tonnes, 2 000 tonnes,
should be taken of the effect on each tender of the                    2 000 tonnes, 2 000 tonnes).
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 four lots. The product shall be mobilized on
Whereas the award under the invitation to tender                  the Community market. The product shall be loaded
must be made in favour of the tenderer offering the               for departure from any Community port.
best terms ;
                                                                  3. The maize is to be delivered in new jute sacks of
Whereas, should force majeure make it impossible to               a net capacity of 50 kilograms to the port of shipment
complete the operation in question within the set                 in the vicinity of the vessel. The goods must be set
time limits, it should be made clear who is to bear the           down at the place nominated by the recipient country
liability for any resulting costs ;                               or its 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 354, 24. 12. 1976, p. 1 .                            (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 60/ 6                         Official Journal of the European Communities                                 5 . 3 . 77
The minimum weight of the sacks shall be 600 grams.                State in which the invitation to tender is issued
                                                                   during a period from the Wednesday of one week
The following shall be printed on the sacks :                      to the Tuesday of the following week being the
'Milho / Dom da Comunidade economica europeia /                    period immediately preceding the closing date for
                                                                   submission of tenders .
Ac?ao do programa alimentar mundiaf.
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 shall be taken
on 18 March 1977 .
                                                                                       Article 5
2.     The closing date for submission of tenders shall
be 18 March 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 3                                                     Article 6
 1 . The prices offered must be expressed in the               1 . The tenderer shall give security in an amount of
 currency of the Member State in which the invitation         five units of account per tonne of goods.
 to tender was issued .
                                                              It shall be released :
 2. Tenders must in particular mention the Member             — in the case of all tenderers whose tenders are
 State in which the tenderer, in the event of his being
 declared successful, expects to complete the customs              unsuccessful or are not accepted,
 export formalities for the products concerned.               — in the case of the successful tenderer, when the
                                                                   operations concerned have been carried out within
 3 . For the purpose of rendering the tenders compar­              the prescribed time limit and on submission of
 able, the prices shall, where appropriate, be corrected           the original export licence duly granted and
 by the monetary compensatory amount and the acces­                endorsed by the competent authorities of the
 sion compensatory amount applicable on the closing                Member State mentioned in the tender pursuant
 date for submission of tenders to exports from the                to Article 3 (2),
 Member State mentioned in the tender pursuant to             — in the case of the successful tenderer for quantities
 paragraph 2.                                                       not supplied by reason of force majeure.
 Such correction shall be made by :
                                                              2. The security required under paragraph 1 may be
 — increasing prices which mention a Member State             provided in the form of a cash deposit or of a
     whose currency has depreciated or a new Member           guarantee issued by a credit institution conforming to
     State,                                                   criteria laid down by each Member State.
 — reducing prices which mention a Member State
     whose currency has been revalued.                                                 Article 7
 The monetary compensatory amount shall, where                The maize referred to in Article 1 to be supplied to
 appropriate, be converted into the currency of the           the WFP must be of fair and sound merchantable
 Member State in which the invitation to tender is
                                                              quality and correspond at least to the standard quality
 issued using :                                                for which the intervention price is fixed.
 — in the case when the currencies concerned are
     kept at any given moment within a band of                                         Article 8
     2-25 % , a conversion rate resulting from their
     central rate,                                             1 . The French intervention agency shall be respon­
 — in the other cases, the average of the spot rates of        sible for organizing the invitation to tender provided
     the currencies concerned recorded in the Member           for by this Regulation .
 ---pagebreak--- 5 . 3 . 77                          Official Journal of the European Communities                              No L 60 /7
2.      It shall forthwith communicate to the Commis­           4. The intervention agency shall request the
sion the list of firms which have responded to the invi­        successful tenderer to supply the following informa­
tation to tender, specifying the terms of each tender,          tion :
together with the name and business name of the
successful tenderer.                                            (a) after each shipment a certificate showing the quan­
                                                                    tities dispatched and the quality of the products ;
3 . Where the customs export formalities for the
mobilized product are completed in a Member State               (b) the date of departure of the vessels.
other than that in which the invitation to tender is
                                                                The information indicated above shall be forwarded
issued, the intervention agency of the latter Member
State shall be responsible for the operations following         by the intervention agency to the Commission imme­
tendering, including payment to the successful                  diately upon receipt.
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 shall
be paid after it has been converted using the average                                    Article 9
of the spot rates referred to in the second subpara­
graph of Article 3 (3) to the tenderer in the currency          This Regulation shall enter into force on the day of its
of the Member State in which the operations relating            publication in the Official Journal of the European
to the tendering are completed .                                Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member *
                 States .
                 Done at Brussels, 4 March 1977 .
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                               Vice-President