31977R0568

No L 72/ 8 Official Journal of the European Communities 19 . 3 . 77

COMMISSION REGULATION ( EEC) No 568 / 77 of 18 March 1977 opening an invitation to tender for the mobilization of common wheat as aid for the People's Republic of Bangladesh

THE COMMISSION OF THE EUROPEAN for the supply of wheat to the People s Republic of COMMUNITIES, Bangladesh ;

Having regard to the Treaty establishing the European Whereas the Belgian intervention agency should be Economic Community, made responsible for the tendering procedure in ques­ tion ; Having regard to Council Regulation ( EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas the Commission must be informed quickly tion of the market in cereals ('), as last amended by of the tenders submitted in response to the invitation Regulation ( EEC) No 3138 /76 ( 2), and of those accepted by the intervention agency ;

Having regard to Council Regulation ( EEC) No Whereas the Monetary Committee will be consulted ; 2750/75 of 29 October 1975 laying down the condi­ whereas, in view of the urgency, the measures envis­ tions for the mobilization of cereals as food aid (3 ), and aged should be adopted in accordance with the condi­ in particular Article 6 thereof, tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the Whereas on 25 March 1976 the Council of the Euro­ exchange rates to be applied for the purposes of the pean Communities declared that by way of Commu­ common agricultural policy (4), as last amended by nity action it proposed to grant the People's Republic Regulation ( EEC) No 2543/73 (5), and in particular of Bangladesh 150 000 tonnes of common wheat Article 3 thereof ; under the 1975/76 food-aid programme ; Whereas the measures provided for in this Regulation Whereas pursuant to Article 3 (3) of Council Regula­ are in accordance with the opinion of the Manage­ tion (EEC) No 2750 / 75 the goods may be purchased ment Committee for Cereals, anywhere on the Community market ;

Whereas the proposed invitation to tender should be HAS ADOPTED THIS REGULATION : for supply of the products delivered in the ship's hold at the port of unloading ; Article 1 Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 1 . Tenders are hereby invited for the supply, by may relate to products mobilized anywhere within way of Community food-aid action , to the People's those Member States ; whereas, in view of the currency Republic of Bangladesh of 150 000 tonnes of situation in the Member States and in order to ensure common wheat . that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 2. The tendering procedure shall take place in currency situation in the Member State in which the Belgium in six lots of 25 000 tonnes each . customs export formalities will be completed ; 3 . The products shall be mobilized on the Commu­ Whereas the contract should be awarded to the nity market . tenderer offering the best terms ; 4 . Shipment shall be from a Community port. Whereas in case it should be impossible for reasons of force majeure to complete the operation in question 5. The invitation to tender provided for in para­ within the set time limits, it must be made clear who graph 1 is for supply of products removed from the is to bear any costs resulting therefrom ; ship's hold at the ports of Chittagong and of Chalna .

Whereas provision should be made for security to be The recipient country shall bear all costs subsequent given to guarantee fulfilment of the obligations arising to delivery of the goods, including unloading costs by virtue of participation in the invitation to tender (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. I. (4 ) OJ No 106, 30 . 10 . 1962, p . 2553/62 . (3 ) OJ No L 281 , 1 . 1 I. 1 975 , p. 89 . ( 5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

19 . 3 . 77 No L 72/ 9 Official Journal of the European Communities

Any demurrage costs or dispatch money at the port of Article 4 unloading shall be a charge on or for the benefit of The contract shall be awarded to the tenderer offering the recipient country. The rates and detailed arrange­ the best terms, taking into consideration the adjust­ ments relating thereto laid down in the contract ment referred to in Article 3 (3). between the authorized agent of the Community and the carrier must have been agreed upon in advance by However, if the tenders submitted do not appear to the authoriz.d agent and the receiving agent of the reflect normal market prices and costs , the interven­ recipient country. tion agency may cancel the invitation to tender. 6. The product shall be delivered in bulk . Article 5 Article 2 1 . The tenderer shall give security in an amount of 1 . The decision on tenders received in reponse to five units of account per tonne of goods. the invitation provided for in Article 1 shall be taken on 1 April 1977. It shall be released : 2. The closing date for the receipt of tenders shall — in the case of all tenderers whose tenders are be 1 April 1977 at 12 noon . unsuccessful or are not accepted, 3 . The notice of invitation to tender shall be — in the case of the successful tenderer, when the published in the Official Journal of the European operations concerned have been carried out within Communities not less than nine days before the the prescribed time limit and on submission of closing date for submission of tenders. the original export licence duly granted and endorsed by the competent authorities of the Article 3 Member State mentioned in the tender pursuant to Article 3 (2), 1 . The prices offered must be expressed in the — in the case of the successful tenderer, for quanti­ currency of the Member State in which the invitation to tender was issued . ties not supplied by reason of force majeure.

2. Tenders must in particular mention the Member 2. The security required under paragraph 1 may be State in which the tenderer, in the event of his being provided in the form of a cash deposit or of a declared successful , excepts to complete the customs guarantee issued by a credit institution conforming to export formalities for the products concerned . criteria laid down by each Member State . 3 . For the purpose of rendering the tenders compar­ Article 6 able, the prices shall , where appropriate, be corrected by the monetary compensatory amount and the acces­ The common wheat referred to in Article 1 to be sion compensatory amount applicable on the closing supplied to the People's Republic of Bangladesh must date for submission of tenders to exports from the be of fair and sound merchantable quality and corres­ Member State mentioned in the tender pursuant to pond at least to the standard quality for which the paragraph 2 . intervention price is fixed , except that the moisture Such correction shall be made by : content shall not exceed 1 4-5 % and that a maximum — increasing prices which mention a Member State of 3 % of sprouted grains and 1-5 % of miscellaneous impurities shall be allowed . whose currency has depreciated or a new Member State, — reducing prices which mention a Member State Article 7 whose currency has been revalued . 1 . The Belgian intervention agency shall be respon­ The monetary compensatory amount shall , where sible for operations relating to the invitation to tender appropriate , be converted into the currency of the provided for by this Regulation . Member State in which the invitation to tender is 2 . It shall forthwith communicate to the Commis­ issued using : sion the list of firms which have responded to the invi­ — in the case when the currencies concerned are tation to tender, specifying the terms of each tender, kept at any given moment within a band of together with the name and business name of the 2-25 % , a conversion rate resulting from their 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 .

No L 72/ 10 Official Journal of the European Communities 19 . 3 . 77

In such case, the intervention agency choosing the (c) all possible contingencies which might occur successful tenderer shall immediately inform the inter­ during transportation of the products. vention agency of the Member State concerned and shall supply it with all the information which it may The intervention agency shall transmit the informa­ require . tion provided for to the Commission as soon as it is Furthermore , the amount of the successful tender received . shall be paid after it has been converted using the average of the spot rates referred to in the second 5. When the intervention agency responsible for subparagraph of Article 3 (3) to the tenderer in the the operations relating to tendering is not the interven­ currency of the Member State in which the operations tion agency which appoints the successful tenderer, it relating to the tendering are completed . shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. 4. The intervention agency shall ask that the tenderer specifies the following information : (a) after each shipment, a statement giving details of Article 8 the quantities loaded, the quality of the products and their packaging ; (b) the date of the departure of the ships ; the This Regulation shall enter into force on the day of its expected date of arrival of the products at their publication in the Official Journal of the European destination ; Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 18 March 1977. For the Commission Finn GUNDELACH Vice-President