CELEX: 31977R2321
Language: en
Date: 1977-10-21 00:00:00
Title: Commission Regulation (EEC) No 2321/77 of 21 October 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the People's Democratic Republic of Yemen

22. 10 . 77                             Official Journal of the European Communities                          No L 270/5
                                    COMMISSION REGULATION (EEC) No 2321/77
                                                       of 21 October 1977
               opening an invitation to tender for the mobilization of common wheat as food
                                  aid for the People's Democratic Republic of Yemen
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
                                                                    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 1386/77(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 People's Demo­               Whereas the measures provided for in this Regulation
cratic Republic of Yemen 6 000 tonnes of common                    are in accordance with the opinion of the Manage­
wheat under the 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                    HAS ADOPTED THIS REGULATION :
anywhere on the Community market ;
Whereas tenders should be invited for the supply of                                           Article 1
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­             1 . Tenders are hereby invited for the supply, by
nated by the recipient or its agent ;                              way of Community food-aid action, to the People's
                                                                    Democratic Republic of Yemen of 6 000 tonnes of
Whereas tenders may be submitted by tenderers esta­                common wheat.
blished in any Member State of the Community and
may relate to products mobilized anywhere within                   2. The tendering procedure shall take place in the
those Member States ; whereas, in view of the currency             French Republic in one lot.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account            3 . The product shall be mobilized on the Commu­
should be taken of the effect on each tender of the                nity market.
currency situation in the Member State in which the
customs export formalities will be completed ;                     4.      Shipment shall be from a Community port.
Whereas     the  contract     should     be   awarded  to  the     5. The product referred to in paragraph 1 is to be
                                                                   delivered in new jute sacks of a net capacity of 50 kilo­
tenderer offering the best terms ;
                                                                   grams to the port of shipment in the vicinity of the
Whereas in case it should be impossible for reasons of             vessel . The goods must be set down at the place nomi­
force majeure to complete the operation in question                nated by the recipient country or its agent, the timing
within the set time limits, it must be made clear who              of delivery being settled by the tenderer and the recip­
is to bear any costs resulting therefrom ;                         ient country's agent.
Whereas provision should be made for security to be
                                                                   Minimum weight of the sacks shall be 600 grams. The
                                                                   following shall be printed on the sacks :
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender ;           'Wheat — Gift of the EEC to the People's Democratic
                                                                   Republic of Yemen'.
(•) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2 ) OJ No L 158 , 29 . 6 . 1977, 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 270/6                        Official Journal of the European Communities                              22. 10. 77
To allow for the possibility of re-bagging, the                  during a period from the Wednesday of one week
successful tenderer shall supply 2 % of new empty                to the Tuesday of the following week being the
sacks, of the same quality as those containing the               period immediately preceding the closing date for
goods but with the printing followed by a capital                submission of tenders .
letter *R\
                                                                                      Article 4
                        Article 2
                                                             The contract shall be awarded to the tenderer offering
1 . The decision on tenders received in response to          the best terms, taking , into consideration the adjust­
the invitation provided for in Article 1 shall be taken      ment referred to in Article 3 (3).
on 4 November 1977.
                                                             However, if the tenders submitted do not appear to
2.     The closing date for submission of tenders shall      reflect normal market prices and costs, the interven­
be 4 November 1977 at 12 noon .                              tion agency may cancel the invitation to tender.
3.     The notice of invitation to tender shall be
                                                                                      Article 5
published in the Official Journal of the European
Communities not less than nine days before the
                                                             If the tenderer is unable to deliver the goods in
closing date for submission of tenders.
                                                             compliance with Article 1 (3) on the date given in the
                                                             notice of invitation to tender as a result of the late
                        Article 3
                                                             availability of the vessels to be used for sea transporta­
                                                             tion, the resulting costs shall be borne by the interven­
                                                             tion agency.
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation
to tender was issued.                                                                 Article 6
2. Tenders must in particular mention the Member             1 . The tenderer shall give security of a value of five
State in which the tenderer, in the event of his being       units of account per tonne of goods.
declared successful, expects to complete the customs
export formalities for the products concerned.               It shall be released :
                                                             — in the case of all tenderers whose tenders are
3. For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected          unsuccessful or are not accepted,
by the monetary compensatory amount and the acces­           — in the case of the successful tenderer, when the
sion compensatory amount applicable on the closing               operations concerned have been carried out within
date for submission of tenders to exports from the               the prescribed time limit and on submission of
Member State mentioned in the tender pursuant to                 the original export licence duly granted and
paragraph 2.                                                     endorsed by the competent authorities of the
                                                                 Member State mentioned in the tender pursuant
Such correction shall be made by :                               to Article 3 (2),
— increasing prices which mention a Member State             — in the case of the successful tenderer for quantities
     whose currency has depreciated or a new Member              not supplied by reason of force majeure.
     State,
                                                             2. The security required under paragraph 1 may be
— reducing prices which mention a Member State               provided in the form of a cash deposit or of a
     whose currency has beei^ revalued.                      guarantee issued by a credit institution conforming to
                                                             criteria laid down by each Member State.
The monetary compensatory amount shall, where
appropriate, be converted into the currency of the
Member State in which the invitation to tender is                                     Article 7
issued using :
— in the case when the currencies concerned are
                                                             The common wheat referred to in Article 1 to be sup­
                                                             plied to the People's Democratic Republic of Yemen
     kept at any given moment within a band of               must be of fair and sound merchantable quality and
     2-25 % , a conversion rate resulting from their         correspond at least to the standard quality for which
     central rate,
                                                             the intervention price is fixed, except that the
— in the other cases, the average of the spot rates of       humidity shall not exceed 14 % and that a maximum
     the currencies concerned recorded in the Member         tolerance of 3 % of sprouted grains and 1 -5 % of
     State in which the invitation to tender is issued       miscellaneous impurities shall be allowed.
 ---pagebreak--- 22. 10 . 77                        Official Journal of the European Communities                           No L 270/7
                        Article 8                            4. The intervention agency shall request the
                                                             successful tenderer to supply the following informa­
1 . The French intervention agency shall be respon­           tion :
sible for organizing the invitation to tender provided
for by this Regulation.                                      (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
2.    It shall forthwith communicate to the Commis­
                                                             (b) the date of departure of the vessels.
sion the list of firms which have responded to the invi­
                                                             The information indicated above shall be forwarded
tation to tender, specifying the terms of each tender,
together with the name and business name of the              by the intervention agency to the Commission imme­
successful tenderer.                                         diately upon receipt.
3. Where the customs export formalities for the               5. When the intervention agency responsible for
mobilized product are completed in a Member State            the operations relating to tendering is not the interven­
other than that in which the invitation to tender is          tion agency which appoints the successful tenderer, it
issued, the intervention agency of the latter Member         shall send as soon as possible to the latter the informa­
State shall be responsible for the operations following       tion necessary for releasing the security.
tendering, including payment to the successful ten­                                    Article 9
derer.
                                                             On delivery of the goods at the port of shipment, a
In this case, the intervention agency choosing the            handing-over certificate shall be supplied to the
successful tenderer shall immediately inform the inter­      successful tenderer, acting as agent for the Commu­
vention agency of the Member State concerned and              nity, by the agent of the recipient country, or, in the
shall supply it with all the information which it may        absence of the latter, by the intervention agency of the
require.                                                     Member State in whose territory the port of shipment
                                                              is situated.
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                   Article 10
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the         This Regulation shall enter into force on the day of its
currency of the Member State in which the operations         publication in the Official Journal of the European
relating to the tendering are completed.                      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