CELEX: 31977R1122
Language: en
Date: 1977-05-27 00:00:00
Title: Commission Regulation (EEC) No 1122/77 of 27 May 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Tunisia

No L 134/48                             Official Journal of the European Communities                            28 . 5 . 77
                                  COMMISSION REGULATION (EEC) No 1122/77
                                                         of 27 May 1977
               opening an invitation to tender for the mobilization of common wheat as food
                                                aid for the Republic of Tunisia
THE COMMISSION OF THE EUROPEAN                                     by virtue of participation in the invitation to tender
 COMMUNITIES,                                                      for the supply of common wheat to the Republic of
                                                                   Tunisia .
 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 last amended by              Whereas the Commission must be informed quickly
Regulation (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 8 February 1977 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 Republic of                   common agricultural policy (4), as last amended by
Tunisia 3 500 tonnes of common wheat under the
                                                                   Regulation ( EEC) No 2543/73 (5 ), and in particular
 1976/77 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
the vessel, the goods to be set down at the place nomi­            HAS ADOPTED THIS REGULATION :
nated by the recipient or its agent ;
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, by
situation in the Member States and in order to ensure              way of Community food-aid action , to the Republic of
                                                                   Tunisia, of 3 500 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 the
customs export formalities will be completed ;                     Republic of France in one lot.
Whereas     the  contract should          be  awarded  to  the     3 . The product shall be mobilized on the Commu­
tenderer offering the best terms ;                                 nity market.
Whereas in case it should be impossible for reasons of             4.     Shipment shall be from a Community port.
force majeure to complete the operation in question
within the set time limits, it must be made clear who              5. The product referred to in paragraph 1 is to be
is to bear any costs resulting therefrom ;                         delivered in bulk to the port of shipment in the
                                                                   vicinity of the vessel . The goods must be set down at
Whereas provision should be made for security to be                the place nominated by the recipient country or its
given to guarantee fulfilment of the obligations arising           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---  28 . 5 . 77                        Official Journal of the European Communities                          No L 134/49
                         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 10 June 1977.
                                                                                        Article 5
 2. The closing date for submission of tenders shall
be 10 June 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
currency of the Member State in which the invitation           1 . The tenderer shall give security of a value of five
to tender was issued .                                        units of account per tonne of goods.
                                                              It shall be released :
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being        — in the case of all tenderers whose tenders are
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
3.     For the purpose of rendering the tenders compar­            operations concerned have been carried out within
able, the prices shall , where appropriate , be corrected          the prescribed time limit and on submission of
by the monetary compensatory amount and the acces­                 the original export licence duly granted and
sion compensatory amount applicable on the closing                 endorsed by the competent authorities of the
date for submission of tenders to exports from the                 Member State mentioned in the tender pursuant
Member State mentioned in the tender pursuant to                   to Article 3 (2),
paragraph 2.                                                  — in the case of the successful tenderer, for quanti­
                                                                   ties not supplied by reason of force majeure.
Such correction shall be made by :
— increasing prices which mention a Member State              2. The security required under paragraph 1 may be
     whose currency has depreciated or a new Member           provided in the form of a cash deposit or of a
     State ,                                                  guarantee issued by a credit institution conforming to
— reducing prices which mention a Member State                criteria laid down by each Member State .
     whose currency has been revalued .
                                                                                        Article 7
The monetary compensatory amount shall , where
appropriate , be converted into the currency of the           The common wheat referred to in Article 1            to be
Member State in which the invitation to tender is
issued using :                                                supplied to the Republic of Tunisia must be of fair
                                                              and sound merchantable quality and correspond at
— in the case when the currencies concerned are               least to the standard quality for which the interven­
     kept at any given moment within a band of                tion p'rice is fixed, except that the humidity shall not
     2-25 % , a conversion rate resulting from their          exceed 1 5-5 % and that a maximum tolerance of 3 %
     central rate ,                                           of sprouted grains and 1-5 % of miscellaneous impuri­
                                                              ties shall be allowed .
— in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member
     State in which the invitation to tender is issued
                                                                                        Article 8
     during a period from the Wednesday of one week
     to the Tuesday of the following week being the           1 . The French intervention agency shall be respon­
     period immediately preceding the closing date for        sible for organizing the invitation to tender provided
     submission of tenders .
                                                              for by this Regulation .
                         Article 4                            2.     It shall forthwith communicate to the Commis­
                                                              sion the list of firms which have responded to the invi­
The contract shall be awarded to the tenderer offering        tation to tender, specifying the terms of each tender,
the best terms, taking into consideration the adjust­         together with the name and business name of the
ment referred to in Article 3 (3).                            successful tenderer .
 ---pagebreak--- No L 134/ 50                       Official Journal of the European Communities                              28 . 5 . 77
3. Where the customs export formalities for the              (b) the date of departure of the vessels.
mobilized product are completed in a Member State            The information indicated above shall be forwarded
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member         by the intervention agency to the Commission imme­
State shall be responsible for the operations following      diately upon receipt.
tendering, including payment to the successful               5.    When tlie intervention agency responsible for
tenderer.                                                    the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
In this case, the intervention agency choosing the           shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­      tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may                                Article 9
require.
                                                             On delivery of the goods at the port of shipment, a
Futhermore, the amount of the successful tender shall
                                                             handing-over certificate shall be supplied to the
be paid after it has been converted using the average        successful tenderer, acting as agent for the Commu­
of the spot rates referred to in the second subpara­         nity, by the agent of the recipient country, or, in the
graph of Article 3 (3) to the tenderer in the currency       absence of the latter, by the intervention agency of the
of the Member State in which the operations relating         Member State in whose territory the port of shipment
to the tendering are completed.                              is situated.
4. The intervention agency shall request the
sucessful tenderer to supply the following informa­                                  Article 10
tion :
                                                             This Regulation shall enter into force on the day of its
(a) after each shipment a certificate showing the quan­       publication in the Official Journal of the European
    tities dispatched and the quality of the products ;       Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 27 May 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President