CELEX: 31979R1135
Language: en
Date: 1979-06-09 00:00:00
Title: Commission Regulation (EEC) No 1135/79 of 8 June 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the People's Republic of Bangladesh

9 . 6 . 79                                Official Journal of the European Communities                           No L 141 /7
                                      COMMISSION REGULATION ( EEC) No 1135/79
                                                           of 8 June 1979
                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 award under the invitation to tender
COMMUNITIES,                                                         must be made in favour of the tenderer offering the
                                                                     best terms ;
 Having regard to the Treaty establishing the European
 Economic Community,                                                 Whereas, should force majeure make it impossible to
                                                                     complete the operation in question within the set
 Having regard to Council Regulation (EEC) No                        time limits, it should be made clear who is to bear the
2727/75 of 29 October 1975 on the common organiza­                   liability for any resulting costs ;
tion of the market in cereals ('), as last amended by
Regulation (EEC) No 1 254/78 (2),
                                                                     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
2750/75 of 29 October 1975 laying down the condi­                    tions arising by virtue of participation in the invita­
tions for the mobilization of cereals as food aid (3), and           tion to tender will be fulfilled ;
in particular Article 6 thereof,
                                                                     Whereas the French intervention agency should be
 Having regard to Council Regulation No 129 on the                   made responsible for the tendering procedure in ques­
value of the unit of account and the exchange rates to               tion ;
be applied for the purposes of the common agricul­
tural policy (4), as last amended by Regulation (EEC)                Whereas the Commission must be informed quickly
 No 2543/73 (5), and in particular Article 3 thereof,                of the tenders submitted in response to the invitation
                                                                     and of those accepted by the intervention agency ;
 Having regard to the opinion of the Monetary
Committee,
                                                                     Whereas Council Regulation (EEC) No 652/79 of 29
Whereas on 8 May 1979 the Council of the European                    March 1979 (6) laid down the coefficient for
Communities declared that by way of Community                        expressing amounts, fixed in units of account, in
action it proposed to grant the People's Republic of                 ECU ;
 Bangladesh 100 000 tonnes of common wheat under
its 1978 /79 food-aid programme ;                                    Whereas the measures provided for in this Regulation
                                                                     are in accordance with the opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­                 ment Committee for Cereals,
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
Whereas tenders should be invited for the supply of
                                                                     HAS ADOPTED THIS REGULATION :
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
blished in . any Member State of the Community and
may relate to products mobilized anywhere within                      1.    Tenders are hereby invited for the supply by way
those Member States ; whereas, in view of the currency               of Community food-aid action to the People's
situation in the Member States and in order to ensure                Republic     of  Bangladesh      of  100 000  tonnes  of
                                                                     common wheat .
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
currency situation in the Member State in which the                  2. The tendering        procedure shall take place in
customs export formalities will be completed ;                       France in 10 lots of   10 000 tonnes. The product shall
                                                                     be mobilized on the    Community market. The product
(')  OJ   No L 281 , 1 . 11 . 1975, p. 1 .                           shall be loaded for    departure from any Community
(2)  OJ   No L 156, 14. 6 . 1978 , p. 1 .
P)   OJ   No L 281 , 1 . 11 . 1975 , p. 89 .                         port .
(4 ) OJ   No 106, 30 . 10 . 1962, p. 2553/62.
(=>) OJ   No L 263, 19 . 9 . 1973, p. 1 .                            (<■) OJ No L 84, 4. 4. 1979 , p. 1 .
 ---pagebreak--- No L 141 / 8                       Official Journal of the European Communities                                 9 . 6 . 79
3 . The product referred to in paragraph 1 is to be           However, if the tenders submitted do not appear to
delivered in bulk to the port of shipment in the              reflect normal market prices and costs, the interven­
vicinity of the vessel . The goods must be set down at        tion agency may cancel the invitation to tender.
the place nominated by the recipient country or its
agent, the timing of delivery being settled by the                                      Article 5
tenderer and the recipient body's agent.
                                                              If the tenderer is unable to deliver the goods in
                         Article 2                            compliance with Article 1 (3) on the date given in the
                                                              notice of invitation to tender as a result of the late
1 . The decision on tenders received in response to           availability of the vessels to be used for sea transporta­
the invitation provided for in Article 1 shall be taken       tion , the resulting costs shall be borne by the interven­
on 21 June 1979 .                                             tion agency.
2. The closing date for submission of tenders shall                                     Article 6
be 21 June 1979 at 12 noon .
                                                              1 . The tenderer shall give security in an amount of
3.    The   notice  of invitation   to  tender shall  be
                                                              6 ECU per tonne of goods .
published in the Official Journal of the European
Communities not less than nine days before the                It shall be released :
closing date for submission of tenders.                      — in the case of all tenderers whose tenders are
                                                                  unsuccessful or are not accepted,
                         Article 3                           — in the case of the successful tenderer, when the
1 . The prices offered must be expressed in the                   operations concerned have been carried out within
currency of the Member State in which the invitation              the prescribed time limit and on submission of
to tender was issued .                                            the original export licence duly granted and
                                                                  endorsed by the competent authorities of the
2. Tenders must in particular mention the Member                  Member State mentioned in the tender pursuant
State in which the tenderer, in the event of his being            to Article 3 (2),
declared successful, expects to complete the customs         — in the case of the successful tenderer, for quanti­
export formalities for the products concerned .                   ties not supplied by reasons of force majeure.
3. For the purpose of rendering the tenders compar­           2. The security required under paragraph 1 may be
able, the prices shall be corrected by the monetary           provided in the form of a cash deposit or of a
compensatory amount applicable on the closing date           guarantee issued by a credit institution conforming to
for submission of tenders to exports from the Member          criteria laid down by each Member State.
State mentioned in the tender pursuant to paragraph
2. Such correction shall be made by :                                                   Article 7
-V increasing prices which mention a Member State            The common wheat referred to in Article 1 must be
    whose currency has depreciated,                           of fair and sound merchantable quality and corres­
— reducing prices which mention a Member State                pond at least to the standard quality for which the
    whose currency has been revalued .                        intervention price is fixed, except that the moisture
                                                              content shall not exceed 1 5-5 % and that a maximum
The monetary compensatory amount shall , where
appropriate, be converted into the currency of the            of 3 % of sprouted grains and 1-5 % of miscellaneous
Member State in which the invitation to tender is             impurities shall be allowed .
issued using :
                                                                                        A rticle 8
— in the case when the currencies concerned are
    kept at any given moment within a band of                 1 . The French intervention agency shall be respon­
    2-25 % , a conversion rate resulting from their           sible for organizing the invitation to tender provided
    central rate ,                                            for by this Regulation .
— in the other cases, the average of the spot rates of        2.     It shall forthwith communicate to the Commis­
    the currencies concerned recorded in the M.mber
                                                              sion the list of firms which have responded to the invi­
    State in which the invitation to tender is issued
                                                              tation to tender, specifying the terms of each tender,
    during a period from the Wednesday of one week            together with the name and business name of the
    to the Tuesday of the following week being the            successful tenderer.
    period immediately preceding the closing date for
    submission of tenders .                                   3.     Where the customs export formalities for the
                                                              mobilized product are completed in a Member State
                                                              other than that in which the invitation to tender is
                         Article 4
                                                              issued, the intervention agency of the latter Member
The contract shall be awarded to the tenderer offering        State shall be responsible for the operations following
the best terms, taking into consideration the adjust­         tendering, including payment to the successful
ment referred to in Article 3 (3).                            tenderer.
 ---pagebreak--- 9 . 6. 79                          Official Journal of the European Communities                           No L 141 / 9
In such 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
average of the spot rates referred to in the second                                  Article 9
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations         On delivery of the goods at the port of shipment, a
relating to the tendering are completed.                     handing-over certificate shall be supplied to the
4. The intervention agency shall request the                 successful tenderer, acting as agent for the Commu­
successful tenderer to supply the following informa­         nity, by the agent of the recipient country, or, in the
tion :                                                       absence of the latter, by the intervention agency of the
                                                             Member State in whose territory the port of shipment
(a) after shipment a certificate showing the quantities      is situated .
    dispatched and the quality of the products ;
(b) the date of departure of the ship ;
(c) all possible contingencies which might occur                                     Article 10
     during transportation of the products.
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, 8 June 1979 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President