31977R1753

No L 191 / 68 Official Journal of the European Communities 30 . 7 . 77

COMMISSION REGULATION (EEC) No 1753/77 of 29 July 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Zambia

THE COMMISSION OF THE EUROPEAN Whereas the Belgian 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 the Republic of Whereas the measures provided for in this Regulation Zambia 6 000 tonnes of common wheat under the are in accordance with the opinion of the Manage­ 1976/77 food-aid 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 Article 1 at the port of unloading ; 1 . Tenders are hereby invited for the supply, by Whereas tenders may be submitted by tenderers esta­ way of Community food-aid action, to the Republic of blished in any Member State of the Community and Zambia of 6 000 tonnes of common wheat . may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 2. The tendering procedure shall take place in situation in the Member States and in order to ensure Belgium in 1 lot. that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 3 . The products shall be mobilized on the Commu­ currency situation in the Member State in which the nity market . customs export formalities will be completed ;

Whereas the contract should be awarded to the 4. Shipment shall be from a Community port. tenderer offering the best terms ; 5 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered in the Whereas in case it should be impossible for reasons of ship's hold at the port of unloading (Dar-Es-Salaam). force majeure to complete the operation in question within the set time limits , it must be made clear who The recipient county shall bear all costs subsequent to is to bear any costs resulting therefrom ; delivery of the goods, including unloading costs (such as unstowing, hoisting and reception) and any light­ Whereas provision should be made for security to be erage costs . given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender Any demurrage costs or dispatch money at the port of for the supply of wheat to the Republic of Zambia ; unloading shall be a charge on or for the benefit of the recipient country . (■) 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 .

30 . 7 . 77 Official Journal of the European Communities No L 191 / 69

6. The successful tenderer shall deliver the 2-25 % , a conversion rate resulting from their products specified in paragraph 1 in new jute sacks of central rate, a net capacity of 50 kilograms. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member Minimum weight of the sacks shall be 600 grams. The State in which the invitation to tender is issued following shall be printed on the sacks : during a period from the Wednesday of one week 'Common wheat / Gift of the European Economic to the Tuesday of the following week being the Community to Zambia / For free distribution .' period immediately preceding the closing date for submission of tenders . To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty Article 4 sacks, of the same quality as those containing the goods but with the printing followed by a capital letter 'R'. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). Article 2 However, if the tenders submitted do not appear to 1 . The decision on tenders received in response to reflect normal market prices and costs, the interven­ the invitation provided for in Article 1 shall be taken tion agency may cancel the invitation to tender. on 12 August 1977.

2. The closing date for the receipt of tenders shall Article 5 be 12 August 1977 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be five units of account per tonne of goods. published in the Official Journal of the European Communities not less than nine days before the It shall be released : closing date for submission of tenders. — in the case of all tenderers whose tenders are unsuccessful or are not accepted, Article 3 — in the case of the successful tenderer, when the operations concerned have been carried out within 1 . The prices , offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation to tender was issued . the original export licence duly granted and endorsed by the competent authorities of the 2. Tenders must in particular mention the Member Member State mentioned in the tender pursuant to Article 3 (2), State in which the tenderer, in the event of his being declared successful, expects to complete the customs — in the case of the successful tenderer, for quanti­ export formalities for the products concerned . ties not supplied by reason of force majeure.

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 sion compensatory amount applicable on the closing criteria laid down by each Member State . date for submission of tenders to exports from the Member State mentioned in the tender pursuant to Article 6 paragraph 2.

The common wheat referred to in Article 1 to be Such correction shall be made by : supplied to the Republic of Zambia must be of fair — increasing prices which mention a Member State and sound merchantable quality and correspond at whose currency has depreciated or a new Member least to the standard quality for which the interven­ State , tion price is fixed, except that the moisture content shall not exceed 14-5 % and that a maximum of 3 % — reducing prices which mention a Member State whose currency has been revalued . of sprouted grains and 1 -5 % of miscellaneous impuri­ ties shall be allowed . The monetary compensatory amount shall , where appropriate , be converted into the currency of the Article 7 Member State in which the invitation to tender is issued using : 1 . The Belgian intervention agency shall be respon­ — in the case when the currencies concerned are sible for operations relating to the invitation to tender kept at any given moment within a band of provided for by this Regulation .

No L 191 /70 Official Journal of the European Communities 30 . 7 . 77

2. It shall forthwith communicate to the Commis­ (b) the date of the departure of the ships ; the sion the list of firms which have responded to the invi­ expected date of arrival of the products at their tation to tender, specifiying the terms of each tender, destination ; together with the name and business name of the (c) all possible contingencies which might occur successful tenderer. during transportation of the products. 3 . Where the customs export formalities for the The intervention agency shall transmit the informa­ mobilized product are completed in a Member State tion provided for to the Commission as soon as it is other than that in which the invitation to tender is received . issued, the intervention agency of the latter Member State shall be responsible for the operations following 5. When the intervention agency responsible for tendering, including payment to the successful the operations relating to tendering is not the interven­ tenderer. tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ In such case, the intervention agency choosing the 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 8 require . Furthermore, the amount of the successful tender As regards this tender the intervention agency is auth­ orized to make an initial payment of 80 % of the shall be paid after it has been converted using the value of the quantity given in the bill of lading, on average of the spot rates referred to in the second presentation of that document and subject to the subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations taking of a security for an amount equal to the initial payment. relating to the tendering are completed.

4. The intervention agency shall ask that the Article 9 tenderer specifies the following information :

(a) after each shipment, a statement giving details of This Regulation shall enter into force on the day of its the quantities loaded, the quality of the products publication in the Official Journal of the European and their packaging ; Communities.

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

Done at Brussels, 29 July 1977 .

For the Commission

Finn GUNDELACH Vice-President