CELEX: 31977R1595
Language: en
Date: 1977-07-15 00:00:00
Title: Commission Regulation (EEC) No 1595/77 of 15 July 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Mauritania

16 . 7 . 77                               Official Journal of the European Communities                           No L 177/ 15
                                   COMMISSION REGULATION ( EEC) No 1595/77
                                                          of 15 July 1977
              opening an invitation to tender for the mobilization of common wheat as food
                                          aid for the Islamic Republic of Mauritania
THE COMMISSION OF THE EUROPEAN                                      tions arising by virtue of participation in the invita­
COMMUNITIES,                                                        tion to tender for supplies to the Islamic Republic of
                                                                    Mauritania will be fulfilled ;
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
Having regard to Council Regulation (EEC) No                        tion ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ( ! ), as amended by Regula­          Whereas the Commission must be informed quickly
tion (EEC) No 3138 /76 (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
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 it proposed, by way                  exchange rates to be applied for the purposes of the
of Community action , to grant 6 000 tonnes of                      common agricultural policy (4), as last amended by
common wheat to the Islamic Republic of Mauritania                  Regulation (EEC) No 2543/73 (5), and in particular
under its 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 the proposed invitation to tender should be
for supply of the products delivered in the ship's hold
at the port of unloading ;                                           HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                                                Article 1
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure                1 . Tenders are hereby invited for the supply to the
that the tenders are as comparable as possible, account             Islamic Republic of Mauritania, by way of Community
should be taken of the effect on each tender of the                 food-aid action , of 6 000 tonnes of common wheat.
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 one lot. 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 to the tenderer offering the best terms ;               for departure from any Community port.
Whereas, should force majeure make it impossible to                 3 . The invitation to tender provided for in para­
complete the operation in question within the time                  graph 1 is for supply of products removed from the
limits specified, it should be made clear who is to bear            ship's hold at the port of Nouakchott.
the liability for any resulting costs ;
                                                                    The recipient country shall bear all costs subsequent
Whereas provisions should be made for security to be                 to delivery of the goods, including unloading costs
given for the purpose of guaranteeing that the obliga­              (such as unstowing, hoisting and reception) and any
                                                                     lighterage costs .
(') OJ No L 281 , 1 . 1 1 . 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 177/ 16                       Official Journal of the European Communities                            16 . 7 . 77
4.     The product shall be delivered in bulk.               However, if the tenders submitted do not appear to
                                                             reflect normal market prices and costs, the interven­
                        Article 2                            tion agency may cancel the invitation to tender.
 1.    The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken                               Article 5
on 29 July 1977.
2. The closing date for the submission of tenders             1 . The tenderer shall give security in an amount of
shall be 29 July 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 the 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
2. Tenders must in particular mention the Member                  to Article 3 (2),
State in which the tenderer, in the event of his being       — in the case of the successful tenderer for quantities
declared successful, expects to complete the customs              not supplied by reason of force majeure.
export formalities for the products concerned.
3.     For the purpose of rendering the tenders compar­      2. The security required under paragraph 1 may be
able, the prices shall, where appropriate, be corrected      provided in the form of a cash deposit or of a
by the monetary compensatory amount and the acces­           guarantee issued by a credit institution conforming to
sion compensatory amount applicable on the closing           criteria laid down by each Member State .
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to
paragraph 2.                                                                          Article 6
Such correction shall be made by :                           The common wheat referred to in Article 1 must be
— increasing prices which mention a Member State             of fair and sound merchantable quality and corres­
     whose currency has depreciated or a new Member          pond at least to the standard quality for which the
     State ,                                                 intervention price is fixed, except that the moisture
                                                             content shall not exceed 15 5 % and that a maximum
— reducing prices which mention a Member State
     whose currency has been revalued.                       of 3 % of sprouted grains and 15 % of miscellaneous
                                                             impurities shall be allowed .
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               1 . The French intervention agency shall be respon­
     kept at any given moment within a band of               sible for organizing the invitation to tender provided
     2-25 % , a conversion rate resulting from their         for by this Regulation .
     central rate,
                                                             2.     It shall forthwith communicate to the Commis­
— in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member         sion the list of firms which have responded to the invi­
     State in which the invitation to tender is issued       tation to tender, specifying the terms of each tender,
     during a period from the Wednesday of one week          together with the name and business name of the
     to the Tuesday of the following week being the          successful tenderer.
     period immediately preceding the closing date for
     submission of tenders .                                 3 . Where the customs export formalities for the
                                                             mobilized product are completed in a Member State
                        Article 4                            other than that in which the invitation to tender is
                                                             issued, the intervention agency of the latter Member
The contract shall be awarded to the tenderer offering       State shall be responsible for the operations following
the best terms, taking into consideration the adjust­        tendering, including payment to the successful
ment referred to in Article 3 (3).                           tenderer ;
 ---pagebreak---  16 . 7. 77                        Official Journal of the European Communities                           No L 177/ 17
 In such 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
average of the spot rates referred to in the second                                    Article 8
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
relating to the tendering are completed.                       As regards this tender the intervention agency is auth­
                                                               orized to make an initial payment of 80 % of the
4. The intervention agency shall request the                   value of the quantity given in the bill of lading, on
successful tenderer to supply the following informa­           presentation of that document and subject to the
tion :                                                         taking of a security for an amount equal to the initial
(a) after each shipment a certificate showing the quan­        payment.
      tities dispatched and the quality of the products ;
(b) the date of departure of the ships ;
(c) all possible contingencies which might occur                                       Article 9
     during transportation of the products.
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, 15 July 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President