31977R2226

No L 257 / 8 Official Journal of the European Communities 8 . 10 . 77

COMMISSION REGULATION ( EEC) No 2226/77 of 7 October 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Sudan

THE COMMISSION OF THE EUROPEAN Whereas the Belgian intervention agency should be COMMUNITIES, made responsible for organizing the invitation to tender ; 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 1386/77(2 ), whereas in view of the urgency, the measures envis­ Having regard to Council Regulation (EEC) No aged should be adopted in accordance with the condi­ 2750/75 of 29 October 1975 laying down the condi­ tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, exchange rates to be applied for the purposes of the common agricultural policy (4), as last amended by Whereas on 8 February 1977 the Council of the Euro­ Regulation (EEC) No 2543/73 (5), and in particular pean Communities declared that by way of Commu­ Article 3 thereof ; nity action it proposed to grant the Republic of Sudan , 3 500 tonnes of common wheat under its Whereas the measures provided for in this Regulation 1976/77 food-aid programme ; are in accordance with the opinion of the Manage­ 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 tenders should be invited for the supply of the product to the port of shipment in the vicinity of the vessel , the goods to be set down at the place nomi­ nated by the recipient or its agent ; Article 1

Whereas tenders may be submitted by tenderers esta­ 1 . Tenders are hereby invited for the supply by way blished in any Member State of the Community and of Community food-aid action to the Republic of may relate to products mobilized anywhere within Sudan of 3 500 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 Kingdom of Belgium and shall be in respect of a currency situation in the Member State in which the single lot . customs export formalities will be completed ; 3 . The product shall be mobilized on the Commu­ Whereas the contract should be awarded to the nity market . tenderer offering the best terms ; 4 . Shipment shall be from a Community port Whereas in case it should be impossible for reasons of ( north European ). force majeure to complete the operation in question within the set time limits , it must be made clear who 5 . The product referred to in paragraph 1 is to be is to bear any costs resulting therefrom ; delivered in bulk to the port of shipment in the Whereas provision should be made for security to be vicinity of the vessel . The goods must be set down at given to guarantee fulfilment of the obligations arising the place nominated by the recipient country or its by virtue of participation in the invitation to tender ; agent, the timing of delivery being settled by the tenderer and the recipient country's agent. (>) O I No L 281 . 1 . 1 1 . 19^5 , p . 1 . (-) O'l No L 158 . 29 . 6 . 19 ^. p . 1 . H OJ No 106 , 30 . 10 . 1962, p . 2553 / 62 . (■'') O'l No L 281 , 1 . 1 1 . 19^5 . p . 89 (5 ) O) No L 263 , 19 . 9 . 1973 , p . 1 .

8 . 10 . 77 Official Journal of the European Communities No L 257 / 9

Article 2 Article 5 1 . The decision on tenders received in response to If the tenderer is unable to deliver the goods in the invitation provided for in Article 1 shall be taken compliance with Article 1 (3) on the date given in the on 21 October 1977 . notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ 2. The closing date for submission of tenders shall be 21 October 1977 at 12 noon . tion, the resulting costs shall be borne by the interven­ tion agency. 3 . The notice of invitation to tender shall be published in the Official Journal of the European Article 6 Communities not less than nine days before the closing date for submission of tenders. 1 . The tenderer shall give security of a value of five units of account per tonne of goods. Article 3 It shall be released : 1 . The prices offered must be expressed in the — in the case of all tenderers whose tenders are currency of the Member State in which the invitation to tender was issued . unsuccessful or are not accepted, — in the case of the successful tenderer, when the 2. Tenders must in particular mention the Member operations concerned have been carried out within State in which the tenderer, in the event of his being the prescribed time limit and on submission of declared successful, expects to complete the customs the original export licence duly granted and export formalities for the products concerned. endorsed by the competent authorities of the 3. For the purpose of rendering the tenders compar­ Member State mentioned in the tender pursuant able, the prices shall, where appropriate, be corrected to Article 3 (2), by the monetary compensatory amount and the acces­ — in the case of the successful tenderer for quantities sion compensatory amount applicable on the closing not supplied by reason of force majeure. date for submission of tenders to exports from the Member State mentioned in the tender pursuant to 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a paragraph 2. guarantee issued by a credit institution conforming to Such correction shall be made by : criteria laid down by each Member State . — increasing prices which mention a Member State whose currency has depreciated or a new Member Article 7 State, The common wheat referred to in Article 1 to be — reducing prices which mention a Member State whose currency has been revalued . supplied to the Republic of Sudan must be of fair and sound merchantable quality and correspond at least to The monetary compensatory amount shall, where the standard quality for which the intervention price appropriate , be converted into the currency of the is fixed , except that the moisture content shall not Member State in which the invitation to tender is exceed 1 5-5 % and that a maximum of 3 % of issued using : sprouted grains and 1 -5 % of miscellaneous impuri­ — in the case when the currencies concerned are ties shall be allowed . kept at any given moment within a band of 2-25 % , a conversion rate resulting from their Article 8 central rate, — in the other cases, the average of the spot rates of 1 . The Belgian intervention agency shall be respon­ the currencies concerned recorded in the Member sible for operations relating to the invitations to State in which the invitation to tender is issued tender provided for by this Regulation . during a period from the Wednesday of one week 2 . It shall forthwith communicate to the Commis­ to the Tuesday of the following week being the sion the list of firms which have responded to the invi­ period immediately preceding the closing date for tation to tender, specifying the terms of each tender, submission of tenders . together with the name and business name of the successful tenderer. Article 4 3 . Where the customs export formalities for the The contract shall be awarded to the tenderer offering mobilized product are completed in a Member State the best terms, taking into consideration the adjust­ other than that in which the invitation to tender is i ment referred to in Article 3 (3). issued, the intervention agency of the latter Member However, if the tenders submitted do not appear to State shall be responsible for the operations following reflect normal market prices and costs, the interven­ tendering, including payment to the successful i tion agency may cancel the invitation to tender. tenderer .

No L 257/ 10 Official Journal of the European Communities 8 . 10 . 77

In this 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 Article 9 average of the spot rates referred to in the third subpa­ ragraph of Article 3 (3) to the tenderer in the currency On delivery of the goods at the port of shipment, a of the Member State in which the operations relating handing over certificate shall be supplied to the to the tendering are completed. successful tenderer, acting as agent for the Commu­ nity, by the agent of the recipient country, or in the 4. The intervention agency shall request the absence of the latter, by the intervention agency of the successful tenderer to supply the following informa­ Member State in whose territory the port of shipment tion : is situated . (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; Article 10 (b) the date of departure of the vessels. 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, 7 October 1977 . For the Commission

Finn GUNDELACH Vice-President