31977R1542

No L 171 / 26 Official Journal of the European Communities 9 . 7 . 77

COMMISSION REGULATION ( EEC) No 1542/77 of 8 July 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Cape Verde Islands

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES, tion to tender will be fulfilled ;

Having regard to the Treaty establishing the European Whereas the French invitation 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 8 February 1977 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 Cape Verde Regulation (EEC) No 2543/73 (5), and in particular Islands 2 000 tonnes of common wheat under its Article 3 thereof ; 1976/77 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 for supply of the products delivered in the ship's hold HAS ADOPTED THIS REGULATION : at the port of unloading ;

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 to the those Member States ; whereas, in view of the currency Cape Verde Islands by way of Community food-aid situation in the Member States and in order to ensure action of 2 000 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 currency situation in the Member State in which the France in one lot. The product shall be mobilized on customs export formalities will be completed ; the Community market. The product shall be loaded Whereas the award under the invitation to tender for the departure from any Community port. must be made in favour of the tenderer offering the best terms ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products removed from the ship's hold at the port of Sao Vincente. Whereas, should force majeure make it possible to complete the operation in question within the set time limits , it should be made clear who is to bear the The recipient country shall bear all costs subsequent liability for any resulting costs ; to delivery of the goods, including unloading costs (such as unstowing, hoisting and reception) and any Whereas provisions should be made for security to be lighterage costs . given for the purpose of guaranteeing that the obliga­ 4. The product shall be delivered in bulk. (') 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 . 1 1 . 1975, p . 89 . (5 ) OJ No L 263 , 19 . 9 . 1973, p. 1 .

9 . 7 . 77 Official Journal of the European Communities No L 171 / 27

Article2¶

1 . The decision on tenders received in response to 1 . The tenderer shall give security in an amount of the invitation provided for in Article 1 shall be taken five units of account per tonne of goods. on 22 July 1977. It shall be released : 2. The closing date for submission of tenders shall — in the case of all tenderers whose tenders are be 22 July 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 currency of the Member State in which the invitation — in the case of the successful tenderer for quantities to tender was issued . 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, expects 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 able, the prices shall, where appropriate, be corrected Article 6 by the monetary compensatory amount and the acces­ The common wheat referred to in Article 1 must be sion compensatory amount applicable on the closing of fair and sound merchantable quality and corres­ date for submission of tenders to exports from the pond at least to the standard quality for which the Member State mentioned in the tender pursuant to intervention price is fixed, except that the moisture paragraph 2 ; content shall not exceed 15-5 % and that a maximum Such correction shall be made by : of 3 % of sprouted grains and 1-5 % of miscellaneous impurities shall be allowed . — increasing prices which mention a Member State whose currency has depreciated or a new Member State, Article 7 — reducing prices which mention a Member State 1 . The French intervention agency shall be respon­ whose currency has been revalued . sible for organizing the invitation to tender provided The monetary compensatory amount shall , where for by this Regulation . appropriate, be converted into the currency of the Member State in which the invitation to tender is 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ issued using : tation to tender, specifying the terms of each tender, — in the case when the currencies concerned are together with the name and business name of the kept at any given moment within a band of successful tenderer . 2-25 % , a conversion rate resulting from their central rate, 3 . Where the customs export formalities for the — in the other cases, the average of the spot rates of mobilized product are completed in a Member State the currencies concerned recorded in the Member other than that in which the invitation to tender is State in which the invitation to tender is issued issued, the intervention agency of the latter Member during a period from the Wednesday of one week State shall be responsible for the operations following to the Tuesday of the following week being the tendering, including payment to the successful tenderer . period immediately preceding the closing date for submission of tenders . In such case the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 4 vention agency of the Member State concerned and The contract shall be awarded to the tenderer offering shall supply it with all the information which it may the best terms, taking into consideration the adjust­ require . ment referred to in Article 3 (3). Furthermore, the amount of the successful tender However, if the tenders submitted do not appear to shall be paid after it has been converted using the reflect normal market prices and costs, the interven­ average of the spot rates referred to in the second tion agency may cancel the invitation to tender. subparagraph of Article 3 (3) to the tenderer in the

No L 171 /28 Official Journal of the European Communities 9 . 7 . 77

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 request the successful tenderer to supply the following informa­ Article 8 tion : (a) after each shipment a certificate showing the quan­ As regards this tender the intervention agency is auth­ tities dispatched and the quality of the products ; orized to make an initial payment of 80 % of the value of the quantity given in the bill of lading, on (b) the date of departure of the ships ; presentation of that document and subject to the (c) all possible contingencies which might occur taking of a security for an amount equal to the initial during transportation of the products. payment. The information indicated above shall be forwarded by the intervention agency to the Commission immed­ Article 9 diately upon receipt. This Regulation shall enter into force on the day of its 5. When the intervention agency responsible for publication in the Official Journal of the European the operations relating to tendering is not the interven­ 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