31977R1122

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 1 . Tenders are hereby invited for the supply, by those Member States ; whereas, in view of the currency way of Community food-aid action , to the Republic of situation in the Member States and in order to ensure 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 2. The tendering procedure shall take place in the currency situation in the Member State in which the Republic of France in one lot. customs export formalities will be completed ;

Whereas the contract should be awarded to the 3 . The product shall be mobilized on the Commu­ nity market. tenderer offering the best terms ;

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 the place nominated by the recipient country or its Whereas provision should be made for security to be 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 .

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 criteria laid down by each Member State . — reducing prices which mention a 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 supplied to the Republic of Tunisia must be of fair issued using : 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 .

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 by the intervention agency to the Commission imme­ issued, the intervention agency of the latter Member diately upon receipt. State shall be responsible for the operations following 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 Article 10 sucessful tenderer to supply the following informa­ 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