CELEX: 31977R2676
Language: en
Date: 1977-12-03 00:00:00
Title: Commission Regulation (EEC) No 2676/77 of 2 December 1977 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Madagascar

No L 310/22                             Official Journal of the European Communities                                 3 . 12. 77
                                  COMMISSION REGULATION (EEC) No 2676/77
                                                     of 2 December 1977
              opening an invitation to tender for the mobilization of common wheat flour as
                               food aid for the Democratic Republic of Madagascar
THE COMMISSION OF THE EUROPEAN                                    Whereas the Belgian intervention agency should be
COMMUNITIES,                                                      made responsible for the tendering procedure ;
Having regard to the Treaty establishing the European             Whereas the Commission must be informed quickly
Economic Community,                                               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                Whereas the Monetary Committee will be consulted ;
tion of the market in cereals (J ), as last amended by
                                                                  whereas, in view of the urgency, the measures envis­
Regulation (EEC) No 1386/77 0,
                                                                   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 it proposed, by way
of Community action, to grant the equivalent of 5 000              Whereas the measures provided for in this Regulation
tonnes of common wheat (in other words 3 311                       are in accordance with the opinion of the Manage­
tonnes of common wheat flour) to the Democratic                    ment Committee for Cereals,
Republic of Madagascar under its 1976/77 food-aid
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­               HAS ADOPTED THIS REGULATION :
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                                            Article 1
Whereas the proposed invitation to tender should be
for supply of the products delivered in the ship's hold             1 . Tenders are hereby invited for the supply to the
at the port of unloading ;                                         Democratic Republic of Madagascar, by way of
                                                                   Community action, of 3 311 tonnes of common wheat
Whereas tenders may be submitted by tenderers esta­                flour.
blished in any Member State of the Community and
may relate to products mobilized anywhere within                   2. The tendering          procedure shall take place in
those Member States ; whereas, in view of the currency             Belgium in one lot.      The product shall be mobilized
situation in the Member States and in order to ensure              on the Community          market. The product shall be
that the tenders are as comparable as possible, account            loaded for departure     from any Community port.
should be taken of the effect on each tender of the
currency situation in the Member State in which the                3 . The invitation to tender provided for in para­
customs export formalities will be completed ;                     graph 1 is for supply of products delivered in the
                                                                   ship's hold at the ports of unloading, Diego Suarez
Whereas the award under the invitation to tender
                                                                   300 tonnes, Tulear 250 tonnes, Majunga 500 tonnes,
must be made in favour of the tenderer offering the                Tamatave 2 261 tonnes. The recipient country shall
best terms ;                                                       bear all costs subsequent to delivery of the goods
Whereas, should force majeure make it impossible to                including unloading costs (such as unstowing, hoisting
complete the operation in question within the time                 and reception) and any lighterage costs.
limits specified, it must be made clear who is to bear
the liability for any resulting costs ;                            Any demurrage costs or dispatch money at the port of
                                                                   unloading shall be a charge on or for the benefit of
Whereas provision should be made for security to be                the recipient country.
given for the purpose of guaranteeing that the obliga­
tions arising by virtue of participation in the invita­            4.     The   successful      tenderer     shall deliver   the
tion to tender will be fulfilled ;                                  products in new cotton sacks lined with three ply
                                                                    kraft paper, having a net capacity of 50 kilograms.
(■) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2 ) OJ No L 158 , 29 . 6. 1977, p. 1 .                            («) OJ No 106, 30 . 10 . 1962, p. 2553/62.
 3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                           (5) OJ No L 263, 1 9 . 9 . 1 973 , p. 1 .
 ---pagebreak--- 3 . 12. 77                         Official Journal of the European Communities                         No L 310/ 23
The following shall be printed on the sacks :                      to the Tuesday of the following week being the
' Farine de froment / Don de la Communaute econo­                  period immediately preceding the closing date for
                                                                   submission of tenders.
mique europeenne a Madagascar.'
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).
                                                              However, if the tenders submitted do not appear to
                         Article 2
                                                              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 16 December 1977.                                                                  Article %
 2.    The closing date for the submission of tenders         1 . The tenderer shall give security in an amount of
 shall be 16 December 1977 at 12 noon .                       10 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            — in the case of all tenderers whose tenders are
 Communities not less than nine days before the
                                                                   unsuccessful or are not accepted,
 closing date for the submission of tenders.
                                                              — 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
                                                                    to Article 3 (2),
 2. Tenders must in particular mention the Member             — in the case of the successful tenderer for quantities
 State in which the tenderer, in the event of his being             not supplied by reason of force majeure.
 declared successful, expects to complete the customs
 expert formalities for the products concerned.               2.      The security required under paragraph 1 may be
                                                              provided in the form of a cash deposit or of a
 3. For the purpose of rendering the tenders compar­          guarantee issued by a credit institution conforming to
 able, the prices shall, where appropriate, be corrected      criteria laid down by each Member State .
 by the monetary compensatory amount and the acces­
 sion compensatory amount applicable on the closing                                    Article 6
 date for submission of tenders to exports from the
 Member State mentioned in the tender pursuant to              1.     The common wheat flour referred to in Article 1
  paragraph 2.                                                to be supplied to the Democratic Republic of
  Such correction shall be made by :                           Madagascar must meet the following requirements :
 — increasing prices which mention a Member State             — moisture : 14 % maximum ,
      whose currency has depreciated or a new Member          — protein content : 10-5 % minimum (N x 6-25 on
      State,                                                        dry matter),
 — reducing prices which mention a Member State               — ash content : 0-52 % maximum referred to dry
      whose currency has been revalued.                             matter.
 The monetary compensatory amount shall, where                 Flour not meeting these requirements shall be
  appropriate, be converted into the currency of the           refused .
  Member State in which the invitation to tender is
  issued using :                                               2. Tenders for supply to the Democratic Republic
                                                               of Madagascar of the common wheat flour referred to
  — in the case when the currencies concerned are
                                                               in Article 1 must relate to a product with the
      kept at any given moment within a band of                following characteristics :
      2-25 % , a conversion rate resulting from their
      central rate,                                            —> moisture : 14% maximum ,
  — in the other cases, the average of the spot rates of       — protein content : 1 0-5 % minimum (N x 6-25 on
      the currencies concerned recorded in the Member               dry matter),
      State in which the invitation to tender is issued        — ash content : 0-52 % maximum referred to dry
      during a period from the Wednesday of one week                 matter.
 ---pagebreak--- No L 310/24                       Official Journal of the European Communities                                3 . 12. 77
                        Article 7                            (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
1 . The Belgian intervention agency shall be respon­              and their packaging ;
sible for the operations relating to the invitation to
tender provided for by this Regulation .                     (b) the date of the departure of the ships ; the
                                                                  expected date of arrival of the products at their
2.    It shall forthwith communicate to the Commis­               destination ;
sion the list of firms which have responded to the invi­     (c) all possible contingencies which might occur
tation to tender, specifying the terms of each tender,            during transportation of the products.
together with the name and business name of the
successful tenderer.                                         The intervention agency shall transmit the informa­
                                                              tion provided for the Commission as soon as it is
3. Where the customs export formalities for the               received .
mobilized product are completed in a Member State
other than that in which the invitation to tender is          5. When the intervention agency responsible for
issued, the intervention agency of the latter Member          the operations relating to tendering is not the interven­
State shall be responsible for the operations following       tion agency which appoints the successful tenderer, it
tendering, including payment to the successful ten­           shall send as soon as possible to the latter the informa­
derer.                                                        tion necessary for releasing the security.
In such case, the intervention agency choosing the                                     Article 8
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and              As regards this tender the intervention agency is auth­
shall supply it with all the information which it may         orized to make an initial payment of 80 % of the
require.                                                      value of the quantity given in the bill of lading, on
Furthermore, the amount of the successful tender              presentation of that document and subject to the
shall be paid after it has been converted using the           taking of a security for an amount equal to the initial
average of the spot rates referred to in the second           payment.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                   Article 9
relating to the tendering are completed.
                                                              This Regulation shall enter into force on the day of its
4. The intervention agency shall ask that the                 publication in the Official Journal of the European
tenderer specifies the following information :                Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 2 December 1977.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President