31978R1022

No L 132/42 Official Journal of the European Communities 20 . 5 . 78

COMMISSION REGULATION (EEC) No 1022/78 of 19 May 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the People's Republic of Bangladesh

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 709/78 (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 Whereas on 30 January 1978 the Council of the Euro­ Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; pean Communities declared that by way of Commu­ nity action it proposed to grant the People's Republic of Bangladesh 25 000 tonnes of common wheat under Whereas the measures provided for in this Regulation the 1977/78 food-aid programme ; are in accordance with the opinion of the Mangement Committee for Cereals, Whereas pursuant to Article 3 ( 1 ) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased on the Belgian market ;

HAS ADOFfED THIS REGULATION : 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 ; Article 1

Whereas tenders may be submitted by tenderers esta­ 1 . Tenders are hereby invited for the supply, by blished in any Member State of the Community and way of Community food-aid action to the People's may relate to products mobilized anywhere within Republic of Bangladesh, of 25 000 tonnes of common those Member States ; whereas, in view of the currency 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 currency situation in the Member State in which the Kingdom of Belgium and shall be in respect of a single lot. customs export formalities will be completed ;

Whereas the contract should be awarded to the 3. The product shall be mobilized on the Belgian tenderer offering the best terms ; market.

Whereas in case it should be impossible for reasons of 4. Shipment shall be from Antwerp. force majeure to complete the operation in question within the set time limits, it must be made clear who 5. The product referred to in paragraph 1 is to be is to bear any costs resulting therefrom ; 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 94, 8 . 4. 1978, p. 9 . (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 .

20 . 5 . 78 No L 132/43 Official Journal of the European Communities

Article2¶

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

No L 132/44 Official Journal of the European Communities 20 . 5. 78

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, acting 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, 19 May 1978 .

For the Commission

Finn GUNDELACH Vice-President