CELEX: 31978R0761
Language: en
Date: 1978-04-14 00:00:00
Title: Commission Regulation (EEC) No 761/78 of 14 April 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the World Food Programme

15 . 4. 78                             Official Journal of the European Communities                          No L 103/ 5
                                    COMMISSION REGULATION (EEC) No 761 /78
                                                        of 14 April 1978
               opening an invitation to tender for the mobilization of common wheat as food
                                             aid for the World Food Programme
 THE COMMISSION OF THE EUROPEAN                                     limits specified it must be made clear who is to bear
 COMMUNITIES,                                                       the liability for any resulting costs ;
 Having regard to the Treaty establishing the European              Whereas provision should be made for security to be
 Economic Community,                                                given to guarantee fulfilment of the obligations arising
                                                                    by virtue of participation in the invitation to tender ;
 Having regard to Council Regulation (EEC) No
 2727/75 of 29 October 1975 on the common organiza­                 Whereas the French intervention agency should be
 tion of the market in cereals (J ), as last amended by             made responsible for the tendering procedure in ques­
 Regulation (EEC) No 2560/77 (2),                                   tion ;
 Having regard to Council Regulation (EEC) No                       Whereas the Commission must be informed quickly
 2750/75 of 29 October 1975 laying down the condi­                  of the tenders submitted in response to the invitation
 tions for the mobilization of cereals as food aid (3), and         and of those accepted by the intervention agency ;
 in particular Article 6 thereof,
                                                                    Whereas the Monetary Committee will be consulted ;
 Whereas on 8 February 1977 the Council of the Euro­                whereas, in view of the urgency, the measures envis-
 pean Communities declared that by way of Commu­                    aged should be adopted in accordance with the condi­
 nity action it proposed to grant the World Food                    tions laid down in Article 3 (2) of Council Regulation
                                                                    No 129 on the value of the unit of account and the
 Programme (WFP) 5 000 tonnes of cereals under its
 1976/77 food-aid programme ;                                       exchange rates to be applied for the purposes of the
                                                                    common agricultural policy (4), as last amended by
                                                                    Regulation (EEC) No 2543/73 (5), and in particular
 Whereas pursuant to Article 3 (3) of Council Regula­               Article 3 thereof ;
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;
                                                                   Whereas the measures provided for in this Regulation
                                                                    are in accordance with the opinion of the Manage­
 Whereas the proposed invitation to tender should be                ment Committee for Cereals,
 for supply of the products delivered Chittagong/
 Chalna, that is at the moment when the goods are
 actually placed on the dock or in the lighter where
 applicable ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
 may relate to products mobilized anywhere within                                              Article 1
 those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account             1 . Tenders are hereby invited for the supply to the
should be taken of the effect on each tender of the                World Food Programme by way of Community food­
                                                                   aid action of 5 000 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.
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;
                                                                   3 . The product shall be mobilized on the Commu­
                                                                   nity market.
Whereas, should force majeure make it impossible to
complete the operation in question within the time
                                                                   4.      Shipment shall be from a Community port.
(') OJ No L 281 , 1 . 11 . 1975, p . 1 .
\2) OJ No L 303, 28. 11 . 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 , 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 103/6                         Official Journal of the European Communities                             15 . 4. 78
5..   The invitation to tender provided for in para­                                    Article 4
graph 1 is for supply of products delivered Chitta­
gong/Chalna, that is at the moment when the goods            The contract shall be awarded to the tenderer offering
are actually placed on the dock or in the lighter where      the best terms, taking into consideration the adjust­
applicable .                                                  ment referred to in Article 3 (3).
6.    The product shall be delivered in bulk.                 However, if the tenders submitted do not appear to
                                                              reflect normal market prices and costs, the interven­
                                                              tion agency may cancel the invitation to tender.
                       Article 2
1 . The decision on tenders received in response to                                     Article 5
the invitation provided for in Article 1 shall be taken
on 28 April 1978 .                                            1 . The tenderer shall give security in an amount of
                                                              five units of account per tonne of goods.
2. The closing date for the submission of tenders
                                                              It shall be released :
shall be 28 April 1978 at 12 noon .
                                                             — in the case of all tenderers whose tenders are
3.    The    notice of  invitation  to  tender shall  be
                                                                   unsuccessful or are not accepted,
published in the Official Journal of the European
Communities not less than nine days before the                — in the case of the successful tenderer, when the
closing date for the submission of tenders.                        operations concerned have been carried out within
                                                                   the prescribed time limit and on submission of
                        Article 3
                                                                   the original export licence, duly granted and
                                                                   endorsed by the competent authorities of the
1 . The prices offered must be expressed in the                    Member State mentioned in the tender pursuant
currency of the Member State in which the invitation               to Article 3 (2),
to tender was issued .                                        — in the case of the successful tenderer, for quanti­
                                                                   ties not supplied by reason of force majeure.
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being        2. The security required under paragraph 1 may be
declared successful, expects to complete the customs          provided in the form of a cash deposit or of a
export formalities for the products concerned.                guarantee issued by a credit institution conforming to
                                                              criteria laid down by each Member State.
3.    For the purpose of rendering the tenders compar­
able the prices shall, where appropriate, be corrected
                                                                                        Article 6
by the monetary compensatory amount and the acces­
sion compensatory amount applicable on the closing            The common wheat referred to in Article 1 to be
date for submission of tenders to exports from the            supplied to the World Food Programme must be of
Member State mentioned in the tender pursuant to              fair and sound merchantable quality and correspond
paragraph 2.                                                  at least to the standard quality for which the interven­
Such correction shall be made by :                            tion price is fixed, except that the moisture content
                                                              shall not exceed 15 % and that a maximum of 3 % of
— increasing prices which mention a Member State              sprouted grains and 1-5% of miscellaneous impuri­
    whose currency has depreciated or a new Member            ties shall be allowed .
    State,
— reducing prices which mention a Member State                                          Article 7
    whose currency has been revalued..
                                                               1 . The French intervention agency shall be respon­
The monetary compensatory amount shall, where                 sible for organizing the invitation to tender provided
appropriate, be converted into the currency of the            for by this Regulation .
Member State in which the invitation to tender is
issued using :                                                2.      It shall forthwith communicate to the Commis­
— in the case when the currencies concerned are               sion the list of firms which have responded to the invi­
    kept at any given moment within a band of                 tation to tender, specifying the terms of each tender,
    2-25 % a conversion rate resulting from their             together with the name and business name of the
                                                              successful tenderer.
    central rate,
— in the other cases, the average of the spot rates of        3. Where the customs export formalities for the
    the currencies concerned recorded in the Member           mobilized product are completed in a Member State
    State in which the invitation to tender is issued         other than that in which the invitation to tender is
    during a period from the Wednesday of one week            issued, the intervention agency of the latter Member
    to the Tuesday of the following week being the            State shall be responsible for the operations following
    period immediately preceding the closing date for         tendering, including payment to the successful
    submission of tenders.                                    tenderer.
 ---pagebreak--- 15 . 4 . 78                        Official Journal of the European Communities                           No L 103/7
In this case, the intervention agency choosing the           The intervention agency shall transmit the informa­
successful tenderer shall immediately inform the inter­      tion provided for to the Commission as soon as it is
vention agency of the Member State concerned and             received .
shall supply it with all the information which it may
require.                                                     5. When the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
Furthermore, the amount of the successful tender             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                  Article 8
relating to the tendering are completed.
4. The intervention agency shall request the                 As regards this tender, the intervention agency is auth­
successful tenderer to supply the following informa­         orized to make an initial payment of 80 % of the
tion :                                                       value of the quantity given in the bill of lading, on
                                                             presentation of that document and subject to the
(a) after each shipment, a statement giving details of       taking of a security for an amount equal to the initial
     the quantities loaded, the quality of the products      payment.
     and the type of packaging ;
(b) the date of the departure of the ships ; the esti­                                Article 9
     mated date of arrival of the products at their desti­
     nation ;                                                This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
     during transportation of the products.                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 14 April 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President