31978R0335

No L 47/ 26 18 . 2 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 335 / 78 of 17 February 1978 opening a new invitation to tender for the mobilization of common wheat as food aid for the Republic of Pakistan

THE COMMISSION OF THE EUROPEAN Whereas, should force majeure make it impossible to COMMUNITIES, complete the operation in question within the set time limits, it should be made clear who is to bear the Having regard to the Treaty establishing the European liability for any resulting costs ; Economic Community,

Whereas provisions should be made for security to be Having regard to Council Regulation (EEC) No given for the purpose of guaranteeing that the obliga­ 2727/75 of 29 October 1975 on the common organiza­ tions arising by virtue of participation in the invita­ tion of the market in cereals ('), as last amended by tion to tender will be fulfilled ; Regulation ( EEC) No 2560 /77 (2),

Having regard to Council Regulation (EEC) No Whereas the French intervention agency should be 2750/75 of 29 October 1975 laying down the condi­ made responsible for the tendering procedure in ques­ tions for the mobilization of cereals as food aid (3), and tion ; in particular Article 6 thereof,

Whereas the Commission must be informed quickly Whereas on 8 February 1977 the Council of the Euro­ of the tenders submitted in response to the invitation pean Communities declared that by way of Commu­ and of those accepted by the intervention agency ; nity action it proposed to grant the Republic of Pakistan 25 000 tonnes of common wheat under its 1976/77 food-aid programme ; Whereas the Monetary Committee will be consulted ; whereas , in view of the urgency, the measures envis­ Whereas pursuant to Article 3 (3) of Council Regula­ aged should be adopted in accordance with the condi­ tion (EEC) No 2750/75, the goods may be purchased tions laid down in Article 3 (2) of Council Regulation anywhere on the Community market ; No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the Whereas the invitation to tender opened in the common agricultural policy (5), as last amended by Community under Commission Regulation ( EEC) No Regulation ( EEC) No 2543/73 (6), and in particular 110/78 of 20 January 1978 opening an invitation to Article 3 thereof ; tender for the mobilization of common wheat as aid for Pakistan (4 ) was not allocated ; whereas a new invi­ Whereas the measures provided for in this Regulation tation to tender should therefore be opened ; 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 tenderers esta­ blished in any Member State of the Community and may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency Article 1 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 1 . Tenders are hereby invited for the supply, by currency situation in the Member State in which the way of Community food-aid action to the Republic of customs export formalities will be completed ; Pakistan , of 25 000 tonnes of common wheat .

Whereas the award under the invitation to tender 2 . The tendering procedure shall take place in must be made in favour of the tenderer offering the best terms ; France in one lot. The product shall be mobilized on the Community market. The product shall be loaded for departure from any Community port. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2 ) OJ No L 303 , 28 . 11 . 1977 , p. 1 . (J) OJ No L 281 , 1 . 11 . 1975, p. 89 . (') OJ No L 106, 30 . 10 . 1962, p . 2553 / 62. (4) OJ No L 17, 21 . 1 . 1978 , p. 20 . (*) OJ No L 263 , 19 . 9 . 1973 , p . I.

18 . 2 . 78 No L 47/ 27 Official Journal of the European Communities

3 . The product referred to in paragraph 1 is to be period immediately preceding the closing date for submission of tenders . delivered in bulk to the port of shipment in the vicinity of the vessel . The goods must be set down at the place nominated by the recipient country or its Article 4 agent, the timing of delivery being settled by the tenderer and the recipient country's agent. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ Article 2 ment referred to in Article 3 (3).

However, if the tenders submitted do not appear to 1 . The decision on tenders received in response to reflect normal market prices and costs, the interven­ the invitation provided for in Article 1 shall be taken tion agency may cancel the invitation to tender. on 3 March 1978 .

2. The closing date for submission of tenders shall Article 5 be 3 March 1978 at 12 noon . If the tenderer is unable to deliver the goods in 3 . The notice of invitation to tender shall be compliance with Article 1 (3) on the date given in the published in the Official Journal of the European notice of invitation to tender as a result of the late Communities not less than nine days before the availability of the vessels to be used for sea transporta­ closing date for submission of tenders. tion, the resulting costs shall be borne by the interven­ tion agency.

Article 3 Article 6 1 . The prices offered must be expressed in the currency of the Member State in which the invitation 1 . The tenderer shall give security in an amount ojf to tender was issued . five units of account per tonne of goods.

It shall be released : 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being — in the case of all tenderers whose tenders are declared successful , expects to complete the customs unsuccessful or are not accepted, : j export formalities for the products concerned . — in the case of the successful tenderer, when tfi^ operations concerned have been carried out within 3 . For the purpose of rendering the tenders compar­ the prescribed time limit and on submission of able, the prices shall , where appropriate, be corrected the original export licence duly granted and by the monetary compensatory amount and the acces­ sion compensatory amount applicable on the closing endorsed by the competent authorities of jhe Member State mentioned in the tender pursuant date for submission of tenders to exports from the to Article 3 (2), Member State mentioned in the tender pursuant to paragraph 2 . — in the case of the successful tenderer for quantities not supplied by reason of force majeure. Such correction shall be made by : 2. The security required under paragraph 1 may be — increasing prices which mention a Member State provided in the form of a cash deposit or of a' whose currency has depreciated or a new Member guarantee issued by a credit institution conforming to State , criteria laid down by each Member State . — reducing prices which mention a Member State whose currency has been revalued . Article 7 The monetary compensatory amount shall , where The common wheat referred to in Article 1 must be appropriate, be converted into the currency of the of fair and sound merchantable quality and corres­ Member State in which the invitation to tender is pond at least to the standard quality for which the issued using : intervention price is fixed, except that the moisture — in the case when the currencies concerned are content shall not exceed 1 5-5 % and that a maximum kept at any given moment within a band of of 3 % of sprouted grains and 1-5 % of miscellaneous 2-25 % , a conversion rate resulting from their impurities shall be allowed . central rate, — in the other cases, the average of the spot rates of Article 8 the currencies concerned recorded in the Member State in which the invitation to tender is issued 1 . The French intervention agency shall be respon­ during a period from the Wednesday of one week sible for organizing the invitation to tender provided to the Tuesday of the following week being the for by this Regulation .

No L 47/ 28 Official Journal of the European Communities 18 . 2 . 78

2 . It shall forthwith communicate to the Commis­ (b) the date of departure of the ship ; sion the list of firms which have responded to the invi­ (c) all possible contingencies which might occur tation to tender, specifying the terms of each tender, during transportation of the products. together with the name and business name of the successful tenderer . The information indicated above shall be forwarded by the intervention agency to the Commission imme­ 3 . Where the customs export formalities for the diately upon receipt . mobilized product are completed in a Member State other than that in which the invitation to tender is 5 . When the intervention agency responsible for issued , the intervention agency of the latter Member the operations relating to tendering is not the interven­ State shall be responsible for the operations following tion agency which appoints the successful tenderer, it tendering, including payment to the successful tenderer. shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 9 vention agency of the Member State concerned and shall supply it with all the information which it may On delivery of the goods at the port of shipment, a require . handing-over certificate shall be supplied to the Furthermore , the amount of the successful tender successful tenderer, acting as agent for the Commu­ shall be paid after it has been converted using the nity, by the agent of the recipient country, or in the average of the spot rates referred to in the second absence of the latter, by the intervention agency of the subparagraph of Article 3 (3) to the tenderer in the Member State in whose territory the port of shipment currency of the Member State in which the operations is situated . relating to the tendering are completed .

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 shipment, a certificate showing the quantities publication in the Official Journal of the European Communities. dispatched and the quality of the products ;

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

Done at Brussels, 17 February 1978 .

For the Commission

Finn GUNDELACH

Vice-President