31977R2736

No L 316/26 Official Journal of the European Communities 10 . 12. 77

COMMISSION REGULATION (EEC) No 2736/77 of 9 December 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the United Nations High Commission for Refugees

THE COMMISSION OF THE EUROPEAN limits specified, it must be made clear who is to bear COMMUNITIES , the liability for any resulting costs ;

Having regard to the Treaty establishing the European Whereas provision should be made for security to be Economic Community, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ;

Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas the French intervention agency should be tion of the market in cereals ('), as last amended by made responsible for the tendering procedure in ques­ tion ; Regulation ( EEC) No 1386/77 (2),

Whereas the Commission must be informed quickly Having regard to Council Regulation (EEC) No of the tenders submitted in response to the invitation 2750/75 of 29 October 1975 laying down the condi­ and of those accepted by the intervention agency ; tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis­ Whereas on 8 February 1977 the Council of the Euro­ aged should be adopted in accordance with the condi­ pean Communities declared that it proposed by way tions laid down in Article 3 (2) of Council Regulation of Community action to grant 8 080 tonnes of No 129 on the value of the unit of account and the common wheat to the United Nations High Commis­ exchange rates to be applied for the purposes of the sion for Refugees under its 1974/75, 1975/76 and common agricultural policy (4), as last amended by 1976/77 food-aid programmes ; Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased Whereas the measures provided for in this Regulation anywhere on the Community market ; are in accordance with the opinion of the Manage­ ment Committee for Cereals, Whereas the proposed invitation to tender should be for supply of the products delivered Limassol , that is at the moment when the goods are actually placed on the dock or in the lighter where applicable ; HAS ADOPTED THIS REGULATION :

Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and Article 1 may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 1 . Tenders are hereby invited for the supply to the that the tenders are as comparable as possible, account United Nations High Commission for Refugees, by should be taken of the effect on each tender of the way of Community food-aid action , of 8 080 tonnes of common wheat . currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in France in one lot . Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; 3 . The product shall be mobilized on the Commu­ nity market . Whereas, should force majeure make it impossible to complete the operation in question within the time 4. Shipment shall be from a Community port. (') 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 . (5 ) OJ No L 263 , 19 . 9 . 1973, p. 1 .

10 . 12. 77 Official Journal of the European Communities No L 316/27

5. The invitation to tender provided for in para­ Article 4 graph 1 is for supply of products delivered Limassol, The contract shall be awarded to the tenderer offering that is at the moment when the goods are actually the best terms, taking into consideration the adjust­ placed on the dock or in the lighter where applicable. ment referred to in Article 3 (3). 6. The product shall be delivered in bulk. However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ Article 2 tion agency may cancel the invitation to tender.

1 . The decision on tenders received in response to Article 5 the invitation provided for in Article 1 shall be taken on 23 December 1977 . 1 . The tenderer shall give security in an amount of five units of account per tonne of goods. 2. The closing date for the submission of tenders shall be 23 December 1977 at 12 noon . It shall be released : 3 . The notice of invitation to tender shall be — in the case of all tenderers whose tenders are published in the Official Journal of the European unsuccessful or are not accepted, Communities not less than nine days before the — in the case of the successful tenderer, when the closing date for the submission of tenders. operations concerned have been carried out within the prescribed time limit and on submission of Article 3 the original export licence, duly granted and endorsed by the competent authorities of the 1 . The prices offered must be expressed in the Member State mentioned in the tender pursuant currency of the Member State in which the invitation to Article 3 (2), to tender was issued . — in the case of the successful tenderer, for quanti­ ties not supplied by reason of force majeure. 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being 2. The security required under paragraph 1 may be declared successful , expects to complete the customs provided in the form of a cash deposit or of a export formalities for the products concerned . guarantee issued by a credit institution conforming to criteria laid down by each Member State. 3 . For the purpose of rendering the tenders compar­ able, the prices shall, where appropriate, be corrected Article 6 by the monetary compensatory amount and the acces­ sion compensatory amount applicable on the closing The common wheat referred to in Article 1 to be date for submission of tenders to exports from the supplied to the United Nations High Commission for Member State mentioned in the tender pursuant to Refugees must be of fair and sound merchantable paragraph 2. quality and correspond at least to the standard quality Such correction shall be made by : for which the intervention price is fixed, except that the moisture content shall not exceed 15 % and that a — increasing prices which mention a Member State maximum of 3 % of sprouted grains and 1 -5 % of whose currency has depreciated or a new Member miscellaneous impurities shall be allowed . State, — reducing prices which mention a Member State Article 7 whose currency has been revalued. 1 . The French intervention agency shall be respon­ The monetary compensatory amount shall, where sible for organizing the invitation to tender provided appropriate, be converted into the currency of the for by this Regulation . Member State in which the invitation to tender is 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 tation to tender, specifying the terms of each tender, kept at any given moment within a band of together with the name and business name of the 2-25 % , a conversion rate resulting from their successful tenderer . central rate, — in the other cases, the average of the spot rates of 3 . Where the customs export formalities for the the currencies concerned recorded in the Member mobilized product are completed in a Member State State in which the invitation to tender is issued 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 tendering, including payment to the successful submission of tenders . tenderer.

No L 316/ 28 Official Journal of the European Communities 10 . 12 . 77

In this case, the intervention agency choosing the The intervention agency, shall transmit the informa­ successful tenderer shall immediately inform the inter­ tion provided for to the Commission as soon as it is vention agency of the Member State concerned and received . shall supply it with all the information which it may require. 5. When the intervention agency responsible for the operations relating to tendering is not the interven­ Furthermore, the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid after it has been converted using the shall send as soon as possible to the latter the informa­ average of the spot rates referred to in the second tion necessary for releasing the security . subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 8 relating to the tendering are completed . 4. The intervention agency shall request the As regards this tender, the intervention agency is auth­ successful tenderer to supply the following informa­ orized to make an initial payment of 80 % of the tion : value of the quantity given in the bill of lading, on presentation of that document and subject to the (a) after each shipment, a statement giving details of taking of a security for an amount equal to the initial the quantities loaded, the quality of the products payment. and the type of packaging ; (b) the date of the departure of the ships ; the esti­ Article 9 mated date of arrival of the products at their desti­ nation ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European during transportation of the products. Communities.

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

Done at Brussels, 9 December 1977 .

For the Commission

Finn GUNDELACH Vice-President