31977R2323

22. 10 . 77 No L 270/ 11 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2323/77

of 21 October 1977

opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Kenya

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 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 25 March 1976 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 Kenya Whereas the measures provided for in this Regulation 2 500 tonnes of common wheat under its 1975/76 are in accordance with the opinion of the Manage­ 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 HAS ADOPTED THIS REGULATION : anywhere on the Community market ;

Whereas tenders should be invited for the supply of Article 1 the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ 1 . Tenders are hereby invited for the supply by way nated by the recipient or its agent ; of Community food-aid action to the Republic of Kenya of 2 500 tonnes of common wheat. Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 2. The tendering procedure shall take place in the may relate to products mobilized anywhere within Kingdom of Belgium and shall be in respect of a those Member States ; whereas, in view of the currency single lot. situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 3 . The product shall be mobilized on the Commu­ should be taken of the effect on each tender of the nity market. currency situation in the Member State in which the customs export formalities will be completed ; 4. Shipment shall be from Antwerp.

Whereas the contract should be awarded to the 5. The product referred to in paragraph 1 is to be tenderer offering the best terms ; delivered in new jute sacks of a net capacity of 50 kilo­ grams to the port of shipment in the vicinity of the Whereas in case it should be impossible for reasons of vessel . The goods must be set down at the place nomi­ force majeure to complete the operation in question nated by the recipient country or its agent, the timing within the set time limits, it must be made clear who of delivery being settled by the tenderer and the recip­ is to bear any costs resulting therefrom ; ient country's agent.

Whereas provision should be made for security to be Minimum weight of the sacks shall be 600 grams. The given to guarantee fulfilment of the obligations arising following shall be printed on the sacks : by virtue of participation in the invitation to tender ; 'Wheat — Gift of the EEC to Kenya'. (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) 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 . 11 . 1975, p. 89 . 5 ) OJ No L 263, 19 . 9 . 1973, p. 1 .

No L 270/ 12 Official Journal of the European Communities 22. 10 . 77

To allow for the possibility of re-bagging, the However, if the tenders submitted do not appear to successful tenderer shall supply 2 % of new empty reflect normal market prices and costs, the interven­ sacks, of the same quality as those containing the tion agency may cancel the invitation to tender. goods but with the printing followed by a capital letter ' R'. Article 5 Article 2 In the tenderer is unable to deliver the goods in 1 . The decision on tenders received in response to compliance with Article 1 (3) on the date given in the the invitation provided for in Article 1 shall be taken notice of invitation to tender as a result of the late on 4 November 1977 . availability of the vessels to be used for sea transporta­ 2. The closing date for submission of tenders shall tion, the resulting costs shall be borne by the interven­ be 4 November 1977 at 12 noon . 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 Article 3 units of account per tonne of goods.

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

State, — reducing prices which mention a Member State Article 7 whose currency has been revalued.

The monetary compensatory amount shall, where The common wheat referred to in Article 1 to be appropriate, be converted into the currency of the supplied to the Republic of Kenya must be of fair and Member State in which the invitation to tender is sound merchantable quality and correspond at least to issued using : the standard quality for which the intervention price — in the case when the currencies concerned are is fixed, except that the moisture content shall not exceed 14 % and that a maximum of 3 % of sprouted kept at any given moment within a band of grains and 1 -5 % of miscellanous impurities shall be 2-25 % , a conversion rate resulting from their allowed . central rate, — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member Article 8 State in which the invitation to tender is issued during a period from the Wednesday of one week 1 . The Belgian intervention agency shall be respon­ to the Tuesday of the following week being the sible for operations relating to the invitations to period immediately preceding the closing date for tender provided for by this Regulation . submission of tenders . 2 . It shall forthwith communicate to the Commis­ Article 4 sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer offering tation to tender, specifying the terms of each tender, the best terms, taking into consideration the adjust­ together with the name and business name of the ment referred to in Article 3 (3). successful tenderer.

22. 10 . 77 Official Journal of the European Communities No L 270/ 13

3. Where the customs export formalities for the (b) the date of departure of the vessels. mobilized product are completed in a Member State The information indicated above shall be forwarded other than that in which the invitation to tender is by the intervention agency to the Commission imme­ issued, the intervention agency of the latter Member diately upon receipt. State shall be responsible for the operations following tendering, including payment to the successful ten­ 5. When the intervention agency responsible for derer. the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it In this case, the intervention agency choosing the shall send as soon as possible to the latter the informa­ 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 9 require. On delivery of the goods at the port of shipment, a Furthermore, the amount of the successful tender handing over certificate shall be supplied to the shall be paid after it has been converted using the successful tenderer, acting as agent for the Commu­ average of the spot rates referred to in the second nity, by the agent of the recipient country, or in the subparagraph of Article 3 (3) to the tenderer in the absence of the latter, by the intervention agency of the currency of the Member State in which the operations Member State in whose territory the port of shipment relating to the tendering are completed. is situated .

4. The intervention agency shall request the Article 10 successful tenderer to supply the following informa­ tion : This Regulation shall enter into force on the day of its (a) after each shipment a certificate showing the quan­ publication in the Official Journal of the European tities dispatched and the quality of the products ; Communities.

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