31977R1595

16 . 7 . 77 Official Journal of the European Communities No L 177/ 15

COMMISSION REGULATION ( EEC) No 1595/77 of 15 July 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Mauritania

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES, tion to tender for supplies to the Islamic Republic of Mauritania will be fulfilled ; 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 amended by Regula­ Whereas the Commission must be informed quickly tion (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 25 March 1976 the Council of the Euro­ No 129 on the value of the unit of account and the pean Communities declared that it proposed, by way exchange rates to be applied for the purposes of the of Community action , to grant 6 000 tonnes of common agricultural policy (4), as last amended by common wheat to the Islamic Republic of Mauritania Regulation (EEC) No 2543/73 (5), and in particular under its 1975/76 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 the proposed invitation to tender should be for supply of the products delivered in the ship's hold at the port of unloading ; HAS ADOPTED THIS REGULATION :

Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and Article 1 may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 1 . Tenders are hereby invited for the supply to the Islamic Republic of Mauritania, by way of Community that the tenders are as comparable as possible, account food-aid action , of 6 000 tonnes of common wheat. should be taken of the effect on each tender of the currency situation in the Member State in which the 2. The tendering procedure shall take place in customs export formalities will be completed ; France in one lot. The product shall be mobilized on Whereas the award under the invitation to tender the Community market. The product shall be loaded must be made to the tenderer offering the best terms ; for departure from any Community port.

Whereas, should force majeure make it impossible to 3 . The invitation to tender provided for in para­ graph 1 is for supply of products removed from the complete the operation in question within the time limits specified, it should be made clear who is to bear ship's hold at the port of Nouakchott. the liability for any resulting costs ; The recipient country shall bear all costs subsequent Whereas provisions should be made for security to be to delivery of the goods, including unloading costs given for the purpose of guaranteeing that the obliga­ (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 . 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 .

No L 177/ 16 Official Journal of the European Communities 16 . 7 . 77

4. The product shall be delivered in bulk. 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 the invitation provided for in Article 1 shall be taken Article 5 on 29 July 1977 . 1 . The tenderer shall give security in an amount of 2. The closing date for the submission of tenders shall be 29 July 1977 at 12 noon . five units of account per tonne of goods. '

3 . The notice of invitation to tender shall be It shall be released : published in the Official Journal of the European Communities not less than nine days before the — in the case of all tenderers whose tenders are closing date for the submission of tenders . unsuccessful or are not accepted, — in the case of the successful tenderer, when the Article 3 operations concerned have been carried out within the prescribed time limit and on submission of 1 . The prices offered must be expressed in the the original export licence duly granted and currency of the Member State in which the invitation endorsed by the competent authorities of the to tender was issued . Member State mentioned in the tender pursuant 2. Tenders must in particular mention the Member to Article 3 (2), State in which the tenderer, in the event of his being — in the case of the successful tenderer for quantities declared successful , expects to complete the customs not supplied by reason of force majeure. export formalities for the products concerned. 3 . For the purpose of rendering the tenders compar­ 2. The security required under paragraph 1 may be able, the prices shall, where appropriate, be corrected provided in the form of a cash deposit or of a by the monetary compensatory amount and the acces­ guarantee issued by a credit institution conforming to criteria laid down by each Member State . sion compensatory amount applicable on the closing date for submission of tenders to exports from the Member State mentioned in the tender pursuant to Article 6 paragraph 2.

Such correction shall be made by : The common wheat referred to in Article 1 must be — increasing prices which mention a Member State of fair and sound merchantable quality and corres­ whose currency has depreciated or a new Member pond at least to the standard quality for which the State , intervention price is fixed , except that the moisture content shall not exceed 15 5 % and that a maximum — reducing prices which mention a Member State of 3 % of sprouted grains and 15 % of miscellaneous whose currency has been revalued . impurities shall be allowed . The monetary compensatory amount shall , where appropriate, be converted into the currency of the Member State in which the invitation to tender is Article 7 issued using : — in the case when the currencies concerned are 1 . The French intervention agency shall be respon­ kept at any given moment within a band of sible for organizing the invitation to tender provided 2-25 % , a conversion rate resulting from their for by this Regulation . central rate, 2 . It shall forthwith communicate to the Commis­ — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member sion the list of firms which have responded to the invi­ State in which the invitation to tender is issued tation to tender, specifying the terms of each tender, during a period from the Wednesday of one week together with the name and business name of the successful tenderer. to the Tuesday of the following week being the period immediately preceding the closing date for submission of tenders . 3 . Where the customs export formalities for the mobilized product are completed in a Member State other than that in which the invitation to tender is Article 4 issued , the intervention agency of the latter Member The contract shall be awarded to the tenderer offering State shall be responsible for the operations following the best terms, taking into consideration the adjust­ tendering, including payment to the successful ment referred to in Article 3 ( 3). tenderer ;

16 . 7. 77 Official Journal of the European Communities No L 177/ 17

In such case, the intervention agency choosing the 5. When the intervention agency responsible for successful tenderer shall immediately inform the inter­ the operations relating to tendering is not the interven­ vention agency of the Member State concerned and tion agency which appoints the successful tenderer, it shall supply it with all the information which it may shall send as soon as possible to the latter the informa­ require . tion necessary for releasing the security. Furthermore, the amount of the successful tender shall be paid after it has been converted using the average of the spot rates referred to in the second Article 8 subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations relating to the tendering are completed . As regards this tender the intervention agency is auth­ orized to make an initial payment of 80 % of the 4. The intervention agency shall request the value of the quantity given in the bill of lading, on successful tenderer to supply the following informa­ presentation of that document and subject to the tion : taking of a security for an amount equal to the initial payment. (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; (b) the date of departure of the ships ; (c) all possible contingencies which might occur Article 9 during transportation of the products. The information indicated above shall be forwarded This Regulation shall enter into force on the day of its by the intervention agency to the Commission imme­ publication in the Official Journal of the European diately upon receipt. Communities.

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

Done at Brussels, 15 July 1977. For the Commission Finn GUNDELACH Vice-President