CELEX: 31979R1778
Language: en
Date: 1979-08-10
Title: Commission Regulation (EEC) No 1778/79 of 10 August 1979 opening an invitation to tender for the mobilization of barley as food aid for Ethiopia

No L 203/ 24                               Official Journal of the European Communities                             11 . 8 . 79
                                     COMMISSION REGULATION ( EEC) No 1778 /79
                                                         of 10 August 1979
               opening an invitation to tender (or the mobilization of barley as food aid for
                                                               Ethiopia
THE COMMISSION OF THE EUROPEAN                                        Whereas    the  contract   should  be awarded    to    the
COMMUNITIES,                                                          tenderer offering the best terms ;
Having regard to the Treaty establishing the European                 Whereas in case it should be impossible for reasons of
Economic Community,                                                  force majeure to complete the operation in question
                                                                      within the set time limits, it must be made clear who
Having regard to Council Regulation (EEC) No                          is to bear any costs resulting therefrom ;
27 /7/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as last amended by                 Whereas provision should be made for security to be
Regulation (EEC) No 1 547/79 (2),                                     given to guarantee fulfilment of the obligations arising
                                                                      by virtue of participation in the invitation to tender ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the con­                       Whereas the German intervention agency should be
ditions for the mobilization of cereals as food aid (3 ),             made responsible for the tendering procedure in ques­
and in particular Article 6 thereof,                                  tion ;
Having regard to Council Regulation No 129 on the                     Whereas the Commission must be informed quickly
value of the unit of account and the exchange rates to                of the tenders submitted in response to the invitation
be applied for the purposes of the common agricul­                    and of those accepted by the intervention agency ;
tural policy (4), as last amended by Regulation ( EEC)
No 2543/73 (5), and in particular Article 3 thereof,                  Whereas the measures provided for in this Regulation
                                                                      are in accordance with the opinion of the Manage­
Having regard to the opinion of the Monetary                          ment Committee for Cereals ,
Committee ,
Whereas on 8 May 1979 the Council of the European
Communities declared that by way of Community                         HAS ADOPTED THIS REGULATION :
action it proposed to grant Ethiopia 5 962 tonnes of
barley under the 1977/78 and 1978/79 food-aid
programme ;
                                                                                               Article 1
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                       1 . Tenders are hereby invited for the supply, by
anywhere on the Community market ;                                    way of Community food-aid action to Ethiopia, of
                                                                      5 962 tonnes of barley (spring barley).
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of                2. The tendering procedure shall take place in the
the vessel , the goods to be set down at the place nomi­              Federal Republic of Germany in one lot.
nated by the recipient or its agent ;
                                                                      3 . The product shall be mobilized on the Commu­
Whereas tenders may be submitted by tenderers esta­                   nity market.
blished in any Member State of the Community and
may relate to products mobilized anywhere within                      4.     Shipment shall be from a North Sea port.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure                 5. The product referred to in paragraph 1 is to be
that the tenders are as comparable as possible, account               delivered in bulk to the port of shipment in the
should be taken of the effect on each tender of the                   vicinity of the vessel . The goods must be set down at
currency situation in the Member State in which the                   the place nominated by the recipient country or its
customs export formalities will be completed ;                        agent, the timing of delivery being settled by the
                                                                      tenderer and the recipient country's agent .
C)   OJ No  L 281 , 1 . 11 . 1975 , p. 1 .
(2 ) OJ No  L 188 , 26 . 7 . 1979 , p. 1 .
(3)  OJ No  L 281 , 1 . 11 . 1975, p. 89 .                            The successful tenderer shall supply in addition
(4)  OJ No   106, 30 . 10 . 1962, p . 2553 / 62 .                     75 270 empty new jute sacks of a capacity of 80 kilo­
(5)  OJ No  L 263 , 19 . 9 . 1973 , p. 1 .                            grams, 50 needles and sufficient twine.
 ---pagebreak---  11 . 8 . 79                       Official Journal of the European Communities                          No L 203/25
Minimum weight of the sacks shall be 700 grams . The         However, if the tenders submitted do not appear to         i
following shall be printed on the sacks :                    reflect normal market prices and costs, the interven-      i
' Barley / Gift of the European Economic Community           tion agency may cancel the invitation to tender.
to Ethiopia.'
                                                                                      Article 5
                        Article 2
                                                             If the tenderer is unable to deliver the goods in
 1 . The decision on tenders received in response to
                                                             compliance with Article 1 (5) 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 24 August 1979 .
                                                             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 24 August 1979 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 6
                                                             ECU 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
3.     For the purpose of rendering the tenders compar­           Member State mentioned in the tender pursuant
able, the prices shall be corrected by the monetary               to Article 3 (2),
compensatory amount applicable on the closing date           — in the case of the successful tenderer for quantities
for submission of tenders to exports from the Member              not supplied by reason of force majeure.
State mentioned in the tender pursuant to paragraph
2. 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,                         guarantee issued by a credit institution conforming to
                                                             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
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            The barley referred to in Article 1 to be supplied to
issued using :                                               Ethiopia must be of fair and sound merchantable
— in the case when the currencies concerned are
                                                             quality and correspond at least to the standard quality
                                                             for which the intervention price is fixed, except that
     kept at any given moment within a band of               the humidity shall not exceed 1 4-5 % and that a
     2-25 % , a conversion rate resulting from their         maximum tolerance of 2 % of sprouted grains and
     central rate ,
                                                             1-5% of miscellaneous impurities shall be allowed .
— in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member
     State in which the invitation to tender is issued                                Article 8
     during a period from the Wednesday of one week
     to the Tuesday of the following week being the          1 . The German intervention agency shall be respon­
     period immediately preceding the closing date for       sible for operations relating to the invitation to tender
     submission of tenders .                                 provided for by this Regulation .
                        Article 4                            2.     It shall forthwith communicate to the Commis­
                                                             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.
 ---pagebreak---  No L 203/26                       Official Journal of the European Communities                              11 . 8 . 79
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               5. When the intervention agency responsible for
tenderer.                                                    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
successful tenderer to supply the following informa­                                 Article 10
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, 10 August 1979 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President