31978R0110

No L 17/ 20 21 . 1 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 110 / 78 of 20 January 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Pakistan

THE COMMISSION OF THE EUROPEAN Whereas provisions should be made for security to be COMMUNITIES, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ tion to tender will be fulfilled ; Having regard to the Treaty establishing the European Economic Community, Whereas the French intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure in ques­ tion ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Regulation ( EEC) No 1 386/77 (2), 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 ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the Monetary Committee will be consulted ; in particular Article 6 thereof, whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Whereas on 8 February 1977 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the pean Communities declared that by way of Commu­ nity action it proposed to grant the Republic of exchange rates to be applied for the purposes of the Pakistan 25 000 tonnes of common wheat under its common agricultural policy (4), as last amended by 1976/77 food-aid programme ; 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 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 ; HAS ADOPTED THIS REGULATION :

Whereas tenders may be submitted by tenders 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, by way of Community food-aid action to the Republic of that the tenders are as comparable as possible account Pakistan , of 25 000 tonnes of common wheat. should be taken of the effect on each tender of the 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. The product shall be mobilized on Whereas the award under the invitation to tender the Community market. The product shall be loaded for departure from any Community port. must be made in favour of the tenderer offering the best terms ; 3 . The product referred to in paragraph 1 is to be Whereas, should force majeure make it impossible to delivered in bulk to the port of shipment in the complete the operation in question within the set vicinity of the vessel . The goods must be set down at time limits, it should be made clear who is to bear the the place nominated by the recipient country or its liability for any resulting costs ; 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 . (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 .

21 . 1 . 78 Official Journal of the European Communities No L 17/ 21

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 notice of invitation to tender as a result of the late on 3 February 1978 . 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 3 February 1978 at 12 noon . tion agency. 3 . The notice of invitation to tender shall be Article 6 published in the Official Journal of the European Communities not less than nine days before the 1 . The tenderer shall give security in an amount of closing date for submission of tenders . five units of account per tonne of goods. It shall be released : Article 3 — in the case of all tenderers whose tenders are 1 . The prices offered must be expressed in the unsuccessful or are not accepted, currency of the Member State in which the invitation — in the case of the successful tenderer, when the to tender was issued . operations concerned have been carried out within the prescribed time limit and on submission of 2. Tenders must in particular mention the Member the original export licence duly granted and State in which the tenderer, in the event of his being endorsed by the competent authorities of the declared successful, expects to complete the customs Member State mentioned in the tender pursuant export formalities for the products concerned . to Article 3 (2), 3 . For the purpose of tendering the tenders compar­ — in the case of the successful tenderer for quantities able, the prices shall , where appropriate, be corrected not supplied by reason of force majeure. by the monetary compensatory amount and the acces­ 2. The security required under paragraph 1 may be sion compensatory amount applicable on the closing provided in the form of a cash deposit or of a date for submission of tenders to exports from the guarantee issued by a credit institution conforming to Member State mentioned in the tender pursuant to criteria laid down by each Member State . paragraph 2, Article 7 Such correction shall be made by : The common wheat referred to in Article 1 must be — increasing prices which mention a Member State whose currency has depreciated or a new Member of fair and sound merchantable quality and corres­ State , pond at least to the standard quality for which the intervention price is fixed, except that the moisture — reducing prices which mention a Member State content shall not exceed 1 5-5 % and that a maximum whose currency has been revalued . of 3 % of sprouted grains and 1 -5 % of miscellaneous The monetary compensatory amount shall , where impurities shall be allowed. appropriate, be converted into the currency of the Member State in which the invitation to tender is Article 8 issued using : 1 . The French intervention agency shall be respon­ — in the case when the currencies concerned are sible for organizing the invitation to tender provided kept at any given moment within a band of for by this Regulation . 2-25 % , a conversion rate resulting from their 2. It shall forthwith communicate to the Commis­ contract rate , sion the list of firms which have responded to the invi­ — in the other cases, the average of the spot rates of tation to tender, specifying the terms of each tender, the currencies concerned recorded in the Member together with the name and business name of the State in which the invitation to tender is issued successful tenderer. during a period from the Wednesday of one week to the Tuesday of the following week being the 3 . Where the customs export formalities for the period immediately preceding the closing date for mobilized product are completed in a Member State submission of tenders . other than that in which the invitation to tender is issued, the intervention agency of the latter Member Article 4 State shall be responsible for the operations following tendering, including payment to the successful The contract shall be awarded to the tenderer offering tenderer. the best terms, taking into consideration the adjust­ In such case, the intervention agency choosing the ment referred to in Article 3 (3). successful tenderer shall immediately inform the inter­ However, if the tenders submitted do not appear to vention agency of the Member State concerned and reflect normal market prices and costs, the interven­ shall supply it with all the information which it may tion agency may cancel the invitation to tender. require .

No L 17 / 22 21 . 1 . 78 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 second tion agency which appoints the successful tenderer, it subparagraph of Article 3 (3) to the tenderer in the shall send as soon as possible to the latter the informa­ currency of the Member State in which the operations tion necessary for releasing the security. relating to the tendering are completed. Article 9 4. The intervention agency shall request the On delivery of the goods at the port of shipment, a successful tenderer to supply the following informa­ tion : handing-over certificate shall be supplied to the successful tenderer, acting as agent for the Commu­ (a) after shipment a certificate showing the quantities nity, by the agent of the recipient country, or, in the dispatched and the quality of the products ; absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment (b) the date of departure of the ship ; is situated . (c) all possible contingencies which might occur during transportation of the products. Article 10 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, 20 January 1978 .

For the Commission

Finn GUNDELACH Vice-President