31977R2055

No L 239 / 6 Official Journal of the European Communities 17 . 9 . 77

COMMISSION REGULATION ( EEC ) No 2055 / 77 of 16 September 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Ghana

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 intervention 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 1 386 / 77 (^), 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 Republic of Regulation ( EEC) No 2543 / 73 (5 ), and in particular Ghana 5 000 tonnes of common wheat under the 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, 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 Ghana , of 5 000 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 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 Tema . Whereas, should force majeure make it impossible 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 lighterage costs . Whereas provisions should be made for security to be given for the purpose of guaranteeing that the obliga­ 4 . The product shall be delivered in bulk . (') OJ No L 281 , 1 . i 1 . 1975 , p . 1 . (-') OJ No L 158 , 29 . 6 . 1977, 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 .

17 . 9 . 77 Official Journal of the European Communities No L 239 / 7

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 30 September 1977 . Article 5 2 . The closing date for submission of tenders shall 1 . The tenderer shall give security in an amount of be 30 September 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 — in the case of all tenderers whose tenders are Communities not less than nine days before the closing date for 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 to Article 3 (2), 2 . Tenders must in particular mention the Member — in the case of the successful tenderer for quantities State in which the tenderer, in the event of his being not supplied by reason of force majeure. declared successful , expects to complete the customs export formalities for the products concerned . 2 . The security required under paragraph 1 may be provided in the form of a cash deposit or of a 3 . For the purpose of tendering the tenders compar­ guarantee issued by a credit institution conforming to able, the prices shall , where appropriate, be corrected criteria laid down by each Member State . by the monetary compensatory amount and the acces­ sion compensatory amount applicable on the closing Article 6 date for submission of tenders to exports from the Member State mentioned in the tender pursuant to The common wheat referred to in Article 1 must be paragraph 2 . of fair and sound merchantable quality and corres­ pond at least to the standard quality for which the Such correction shall be made by : intervention price is fixed , except that the moisture — increasing prices which mention a Member State content shall not exceed 1 5-5 % and that a maximum whose currency has depreciated or a new Member of 3 % of sprouted grains and 1-5 % of miscellaneous State , impurities shall be allowed . — reducing prices which mention a Member State whose currency has been revalued . Article 7

The monetary compensatory amount shall , where 1 . The French intervention agency shall be respon­ appropriate , be converted into the currency of the sible for organizing the invitation to tender provided 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 contract rate , successful tenderer . -— in the other cases, the average of the spot rates of the currencies concerned recorded in the Member 3 . Where the customs export formalities for the State in which the invitation to tender is issued mobilized product are completed in a Member State other than that in which the invitation to tender is during a period from the Wednesday of one week issued , the intervention agency of the latter Member to the Tuesday of the following week being the State shall be responsible for the operations following period immediately preceding the closing date for submission of tenders . tendering, including payment to the successful tend­ erer . Article 4 In such case , the intervention agency choosing the successful tenderer shall immediately inform the inter­ The contract shall be awarded to the tenderer offering vention agency of the Member State concerned and the best terms , taking into consideration the adjust­ shall supply it with all the information which it may ment referred to in Article 3 ( 3 ). require .

No L 239/8 17 . 9 . 77 Official Journal of the European Communities

Furthermore, the amount of the successful tender 5. When the intervention agency responsible for shall be paid after it has been converted using the the operations relating to tendering is not the interven­ average of the spot rates referred to in the third subpa­ tion agency which appoints the successful tenderer, it ragraph of Article 3 (3) to the tenderer in the currency shall send as soon as possible to the latter the informa­ of the Member State in which the operations relating tion necessary for releasing the security . to the tendering are completed. Article 8 4. The intervention agency shall request the successful tenderer to supply the following informa­ As regards this tender the intervention agency is auth­ tion : orized to make an initial payment of 80 % of the value of the quantity given in the bill of lading, on (a) after each shipment a certificate showing the quan­ presentation of that document and subject to the tities dispatched and the quality of the products ; taking of a security for an amount equal to the initial (b) the date of departure of the ships ; payment . (c) all possible contingencies which might occur during transportation of the products. Article 9

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 Communities. diately upon receipt.

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

Done at Brussels, 16 September 1977.

For the Commission

Finn GUNDELACH Vice-President