31977R1541

9 . 7 . 77 Official Journal of the European Communities No L 171 /23

COMMISSION REGULATION ( EEC) No 1541 / 77 of 8 July 1977 opening an invitation to tender for the mobilization of common wheat as food aid for Ethiopia

THE COMMISSION OF THE EUROPEAN Whereas the French intervention agency should be COMMUNITIES, made responsible for the tendering procedure in ques­ tion ; Having regard to the Treaty establishing the European Economic Community, Whereas the Commission must be informed quickly 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 tion of the market in cereals ( ! ), as last amended by Whereas the Monetary Committee will be consulted ; Regulation (EEC) No 3138/76 (2), whereas, in view of the urgency, the measures envis­ 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 by way of Commu­ nity action it proposed to grant Ethiopia 2 500 tonnes of common wheat under its 1976/77 food-aid Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ programme ; ment Committee for Cereals, Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; HAS ADOPTED THIS REGULATION : Whereas the proposed invitation to tender should be 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 1 . Tenderers are hereby invited for the supply, by blished in any Member State of the Community and way of Community food-aid action, to the Republic of may relate to products mobilized anywhere within Tunisia of 2 500 tonnes of common wheat . 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 2. The tendering procedure shall take place in the should be taken of the effect on each tender of the Republic of France in one lot. currency situation in the Member State in which the customs export formalities will be completed ; 3. The product shall be mobilized on the Commu­ nity market. Whereas the contract should be awarded to the tenderer offering the best terms ; 4. Shipment shall be from any Community port.

Whereas in case it should be impossible for reasons of 5. The invitation to tender provided for in para­ force majeure to complete the operation in question graph 1 is for supply of products removed from the within the set time limits, it must be made clear who ship's hold at the port of unloading. is to bear any costs resulting therefrom ;

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 . 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 .

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6 . The successful tenderer shall deliver the — in the other cases, the average of the spot rates of products specified in paragaraph 1 to the port of the currencies concerned recorded in the Member Assab or Djibouti at the recipient country's option in State in which the invitation to tender is issued new jute sacks of a net capacity of 50 kilograms. during a period from the Wednesday of one week to the Tuesday of the following week being the Minimum weight of the sacks shall be 600 grams. The period immediately preceding the closing date for following shall be printed on the sacks : submission of tenders . 'Common wheat — Gift of the European Economic Community to Ethiopia — For free distribution'. Article 4

To allow for the possibility of re-bagging, the The contract shall be awarded to the tenderer offering successful tenderer shall supply 2 % of new empty the best terms, taking into consideration the adjust­ sacks, of the same quality as those containing the ment referred to in Article 3 (3). goods but with the printing followed by a capital letter 'R'. However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ Article 2 tion agency may cancel the invitation to tender.

1 . The decision on tenders received in response to Article 5 the invitation provided for in Article 1 shall be taken on 22 July 1977. 1 The tenderer shall give security of a value of five units of account per tonne of goods. 2. The closing date for submission of tenders shall be 22 July 1977 at 12 noon . It shall be released :

3 . The notice of invitation to tender shall be — in the case of all tenderers whose tenders are published in the Official Journal of the European unsuccessful or are not accepted, Communities not less than nine days before the — in the case of the successful tenderer, when the closing date for 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 tender was issued . to Article 3 (2), — in the case of the successful tenderer for quantities 2. Tenders must in particular mention the Member not supplied by reason of force majeure. State in which the tenderer, in the event of his being declared successful, expects to complete the customs 2. The security required under paragraph 1 may be export formalities for the products concerned. provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to 3. For the purpose of rendering the tenders compar­ criteria laid down by each Member State. able, the prices shall, where appropriate, be corrected by the monetary compensatory amount and the acces­ Article 6 sion compensatory amount applicable on the closing date for submission of tenders to exports from the The product referred to in Article 1 must be of fair Member State mentioned in the tender pursuant to and sound merchantable quality and correspond at paragraph 2. 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 14 % 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 Member State in which the invitation to tender is for by this Regulation . 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 central rate, successful tenderer .

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3 . Where the customs export formalities for the (c) all possible contingencies which might occur mobilized product are completed in a Member State during transportation of the products. other than that in which the invitation to tender is issued, the intervention agency of the latter Member The intervention agency shall transmit the informa­ State shall be responsible for the operations following tion provided for to the Commission as soon as it is tendering, including payment to the successful received . tenderer. 5. When the intervention agency responsible for In this case, the intervention agency choosing the the operations relating to tendering is not the interven­ successful tenderer shall immediately inform the inter­ tion agency which appoints the successful tenderer, it vention agency of the Member State concerned and shall send as soon as possible to the latter the informa­ shall supply it with all the information which it may tion necessary for releasing the security. require.

Furthermore , the amount of the successful tender Article 8 shall be paid after it has been converted using the average of the spot rates referred to in the second As regards this tender the intervention agency is auth­ subparagraph of Article 3 (3) to the tenderer in the orized to make an initial payment of 80 % of the currency of the Member State in which the operations value of the quantity given in the bill of lading, on relating to the tendering are completed. presentation of that document and subject to the 4. The intervention agency shall request the taking of a security for an amount equal to the initial successful tenderer to supply the following informa­ payment. tion : (a) after each shipment a certificate showing the quan­ Article 9 tities dispatched and the quality of the products ; (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, 8 July 1977.

For the Commission

Finn GUNDELACH Vice-President