CELEX: 31979R1978
Language: en
Date: 1979-09-07 00:00:00
Title: Commission Regulation (EEC) No 1978/79 of 7 September 1979 opening an invitation to tender for the mobilization of common wheat as food aid for Somalia

No L 228 / 20                              Official Journal of the European Communities                               8 . 9 . 79
                                      COMMISSION REGULATION ( EEC) No 1978 /79
                                                         of 7 September 1979
               opening an invitation to tender for the mobilization of common wheat as food
                                                            aid for Somalia
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 1 547/79 (2 ),                                   Whereas provisions should be made for security to be
                                                                      given for the purpose of guaranteeing that the obliga­
 Having regard to Council Regulation ( EEC) No                        tions arising by virtue of participation in the invita­
 2750/75 of 29 October 1975 laying down the condi­                    tion to tender will be fulfilled ;
tions for the mobilization of cereals as food aid (3 ), and
 in particular Article 6 thereof,                                     Whereas the Dutch intervention agency should be
                                                                      made responsible for organizing the invitation to
 Having regard to Council Regulation No 129 on the                    tender ;
value of the unit of account and the exchange rates to
be applied for the purposes of the common agricul­                    Whereas the Commission must be informed quickly
tural policy (4 ), as last amended by Regulation ( EEC)               of the tenders submitted in response to the invitation
 No 2543/73 (5 ), and in particular Article 3 thereof,                and of those accepted by the intervention agency ;
 Having regard to the opinion of the Monetary                         Whereas the measures provided for in this Regulation
Committee ,
                                                                      are in accordance with the opinion of the Manage­
                                                                      ment Committee for Cereals,
Whereas on 8 May 1979 the Council of the European
Communities declared that by way of Community
action it proposed to grant to Somalia 2 000 tonnes of
common        wheat        under       its    1978 / 79  food-aid
                                                                      HAS ADOPTED THIS REGULATION :
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
                                                                                               Article 1
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                       1 . Tenders are hereby invited for the supply, by
Whereas tenders should be invited for the supply of                   way of Community food-aid action , to Somalia of
                                                                      2 000 tonnes of common wheat .
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 ;                                 2. The tendering procedure shall take place in the
                                                                      Kingdom of the Netherlands and shall be in respect
Whereas tenders may be submitted by tenderers esta­                   of a single lot.
blished in any Member State of the Community and
may relate to products mobilized anywhere within                      3 . The goods shall be mobilized on the Commu­
those Member States ; whereas, in view of the currency                nity market.
situation in the Member States and in order to ensure
that the tenders arc as comparable as possible, account               4.     Shipment shall be from a Community port.
should be taken of the effect on each tender of the
currency situation in the Member State in which the                   5 . The product referred to in paragraph 1 is to be
customs export formalities will be completed ;                        delivered in new jute sacks of a net capacity of 50 kilo­
                                                                      grams to the port of shipment in the vicinity of the
(')  OJ No  L 281 , 1 . 1 1 . 1975 , p. 1 .                           vessel . The goods must be set down at the place nomi­
(2)  OJ No  L 188 , 26 . 7 . 1979 , p. 1 .
  3) OJ No  L 281 , 1 . 1 1 . 1975, p. 89 .                           nated by the recipient country or its agent, the timing
(4 ) OJ No  106, 30 . 10 . 1962, p . 2553/ 62.                        of delivery being settled by the tenderer and the recip­
(5 ) OJ No  L 263 , 19 . 9 . 1973 , p. 1 .                            ient country's agent.
 ---pagebreak--- 8 . 9 . 79                            Official Journal of the European Communities                          No L 228 / 21
Minimum weight of the sacks shall be 600 grams . The                 State in which the invitation to tender is issued
following shall be printed on the sacks :                            during a period from the Wednesday of one week
                                                                     to the Tuesday of the following week being the
'Wheat / Gift of the European Economic Community                     period immediately preceding the closing date for
to Somalia '.                                                        submission of tenders .
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                                         Article 4
sacks, of the same quality as those containing the
goods but with the printing followed by a capital               The contract shall be awarded to the tenderer offering
letter ' R '.                                                   the best terms, taking into consideration the adjust­
                                                                 ment referred to in Article 3 (3).
                           Article 2                             However, if the tenders submitted do not appear to
                                                                 reflect normal market prices and costs, the interven­
 1.     The decision on tenders received in response to         tion agency may cancel the invitation to tender.
the invitation provided for in Article 1 shall be taken
on 27 September 1979 .
                                                                                          Article 5
2 . The closing date for submission of tenders shall
be 27 September 1979 at 12 noon .                                If the tenderer is unable to deliver the goods in
                                                                compliance with Article 1 (3) on the date given in the
3.      The   notice   of invitation   to  tender shall  be     notice of invitation to tender as a result of the late
published in the Official Journal of the European               availability of the vessels to be used for sea transporta­
Communities not less than nine days before the                  tion , the resulting costs shall be borne by the interven­
closing date for submission of tenders .                        tion agency .
                           Article 3                                                      Article 6
 1 . The prices offered must be expressed in the                 1 . The tenderer shall give security in an amount of
currency of the Member State in which the invitation            6 ECU per tonne of goods .
to tender was issued .
                                                                 It shall be released :
2. Tenders must in particular mention the Member                — in     the case of all    tenderers whose tenders are
State in which the tenderer, in the event of his being
declared successful , expects to complete the customs                unsuccessful or are not accepted,
export formalities for the products concerned .                 — in the case of the successful tenderer, when the
                                                                     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 be corrected by the monetary                  the original export licence duly granted and
compensatory amount applicable on the closing date                   endorsed by the competent authorities of the
for submission of tenders to exports from the Member                 Member State mentioned in the tender pursuant
State mentioned in the tender pursuant to paragraph                  to Article 3 (2),
2. Such correction shall be made by :                           — in the case of the successful tenderer, for quanti­
— increasing prices which mention a Member State                     ties not supplied by reason of force majeure.
     whose currency has depreciated ,
                                                                2 . The security required under paragraph 1 may be
— reducing prices which mention a Member State                  provided in the form of a cash deposit or of a
     whose currency has been revalued .                         guarantee issued by a credit institution conforming to
                                                                criteria laid down by each Member State .
The monetary compensatory amount shall , where
appropriate, be converted into the currency of the
Member State in which the invitation to tender is                                         Article 7
issued using :
                                                                The common wheat referred to in Article 1 must be
— in the case when          the currencies concerned arc­
                                                                of fair and sound merchantable quality and corres­
     kept at any given moment within a band of                  pond at least to the standard quality for which the
     2-25 % , a conversion rate resulting from their            intervention price is fixed , except that the moisture
     central rate ,                                             content shall not exceed 15 5 % and that a maximum
— in other cases, the average of the spot rates of the          of 3 % of sprouted grains and 1-5 % of miscellaneous
     currencies     concerned   recorded   in  the Member       impurities shall be allowed .
 ---pagebreak--- No L 228 / 22                      Official Journal of the European Communities                                 8 . 9 . 79
                         Article 8                            (a) after shipment a certificate showing the quantities
                                                                  dispatched and the quality of the products ;
 1 . The Dutch intervention agency shall be respon­
sible for operations relating to the invitation to tender     (b) the date of departure of the ships ;
provided for by this Regulation .                             (c) all possible contingencies which might occur
2.     It shall forthwith communicate to the Commis­              during transportation of the products.
sion the list of firms which have responded to the invi­      The information indicated above shall be forwarded
tation to tender, specifying the terms of each tender,
together with the name and business name of the               by the intervention agency to the Commission imme­
successful tenderer.                                          diately upon receipt.
3 . Where the customs export formalities for the              5 . When the intervention agency responsible for
mobilized product are completed in a Member State             the operations relating to tendering is not the interven­
other than that in which the invitation to tender is          tion agency which appoints the successful tenderer, it
issued, the intervention agency of the latter Member          shall send as soon as possible to the latter the informa­
State shall be responsible for the operations following       tion necessary for releasing the security.
tendering, including payment to the successful
tenderer .
                                                                                      Article 9
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­       On delivery of the goods at the port of shipment, a
vention agency of the Member State concerned and              handing-over certificate shall be supplied to the
shall supply it with all the information which it may         successful tenderer, acting as agent for the Commu­
require .                                                     nity, by the agent of the recipient country, or, in the
Furthermore , the amount of the successful tender             absence of the latter, by the intervention agency of the
shall be paid after it has been converted using the           Member State in whose territory the port of shipment
                                                              is situated .
average of the spot rates referred to in the second sub­
paragraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
                                                                                      Article 10
relating to the tendering are completed .
4. The intervention agency shall request the                  This Regulation shall enter into force on the day of its
successful tenderer to supply the following informa­          publication in the Official Journal of the European
tion :                                                        Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 7 September 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President