31977R2322

No L 270/8 Official Journal of the European Communities 22. 10 . 77

COMMISSION REGULATION (EEC) No 2322/77 of 21 October 1977 opening an invitation to tender for the mobilization of durum wheat as food aid for the Republic of Peru

THE COMMISSION OF THE EUROPEAN Whereas the French 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 (J), as last amended by Regulation (EEC) No 1 386/77 (2), Whereas the Monetary Committee will be consulted ; 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 tions for the mobilization of cereals as food aid (3), and No 129 on the value of the unit of account and the 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 Peru 7 500 tonnes of durum wheat under the 1976/77 food­ Whereas the measures provided for in this Regulation 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 ;

Whereas tenders should be invited for the supply of HAS ADOPTED THIS REGULATION : 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 blished in any Member State of the Community and 1 . Tenders are hereby invited for the supply, by may relate to products mobilized anywhere within way of Community food-aid action, to the Republic of those Member States ; whereas, in view of the currency Peru of 7 500 tonnes of durum wheat. situation in the Member States and in order to ensure 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 the French Republic in one lot. currency situation in the Member State in which the 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. Loading shall be carried out in a Community Whereas in case it should be impossible for reasons of port which has regular services to Peru. force majeure to complete the operation in question within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; 5. The product referred to in paragraph 1 is to be 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. (!) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 158, 29. 6. 1977, p. 1 . (<) OJ No 106, 30 . 10 . 1962, p. 2553/62. (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (s) OJ No L 263, 19 . 9 . 1973, p. 1 .

22. 10 . 77 Official Journal of the European Communities No L 270/9

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 4 November 1977. Article 5 2. The closing date for submission of tenders shall be 4 November 1977 at 12 noon . If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the notice of invitation to tender as a result of the late 3 . The notice of invitation to tender shall be published in the Official Journal of the European availability of the vessels to be used for sea transporta­ tion, the resulting costs shall be borne by the interven­ Communities not less than nine days before the tion agency. closing date for submission of tenders.

Article 6 Article 3 1 . The tenderer shall give security of a value of five 1 . The prices offered must be expressed in the units of account per tonne of goods. currency of the Member State in which the invitation to tender was issued . It shall be released : — in the case of all tenderers whose tenders are 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being unsuccessful or are not accepted, declared successful, expects to complete the customs — in the case of the successful tenderer, when the exports formalities for the products concerned . operations concerned have been carried out within the prescribed time limit and on submission of 3 . For the purpose of rendering the tenders compar­ the original export licence duly granted and able, the prices shall, where appropriate, be corrected endorsed by the competent authorities of the by the monetary compensatory amount and the acces­ Member State mentioned in the tender pursuant sion compensatory amount applicable on the closing to Article 3 (2), date for submission of tenders to exports from the — in the case of the successful tenderer for quantities Member State mentioned in the tender pursuant to not supplied by reason of force majeure. paragraph 2. 2. The security required under paragraph 1 may be Such correction shall be made by : provided in the form of a cash deposit or of a — increasing prices which mention a Member State guarantee issued by a credit institution conforming to criteria laid down by each Member State . whose currency has depreciated or a new Member State, Article 7 — reducing prices which mention a Member State whose currency has been revalued. The product referred to in Article 1 must be of fair The monetary compensatory amount shall, where and sound merchantable quality, be free from odour, and correspond at least to the standard quality for appropriate, be converted into the currency of the Member State in which the invitation to tender is which the intervention price is fixed . issued using : Article 8 — in the case when the currencies concerned are kept at any given moment within a band of 1 . The French intervention agency shall be respon­ 2 25 % , a conversion rate resulting from their sible for organizing the invitation to tender provided central rate, for by this Regulation . — in the other cases, the average of the spot rates of 2. It shall forthwith communicate to the Commis­ the currencies concerned recorded in the Member State in which the invitation to tender is issued sion the list of firms which have responded to the invi­ 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 to the Tuesday of the following week being the successful tenderer. 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 Article 4 other than that in which the invitation to tender is 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.

No L 270/ 10 Official Journal of the European Communities 22 . 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 second subparagraph of Article 3 (3) to the tenderer in the On delivery of the goods at the port of shipment, a currency of the Member State in which the operations handing-over certificate shall be supplied to the relating to the tendering are completed. successful tenderer, apting 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 Communities. diately upon receipt.

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

Done at Brussels, 21 October 1977. For the Commission Finn GUNDELACH Vice-President