CELEX: 31979R1783
Language: en
Date: 1979-08-10 00:00:00
Title: Commission Regulation (EEC) No 1783/79 of 10 August 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the World Food Programme

11 . 8 . 79                                Official Journal of the European Communities                         No L 203/41
                                         COMMISSION REGULATION (EEC) No 1783/79
                                                             of 10 August 1979
                  opening an invitation to tender for the mobilization of common wheat as food
                                                   aid for the World Food Programme
  THE COMMISSION OF THE EUROPEAN                                         currency situation in the Member State in which the
  COMMUNITIES,                                                           customs export formalities will be completed ;
  Having regard to the Treaty establishing the European                  Whereas     the contract   should be   awarded   to  the
  Economic Community,                                                    tenderer who makes the best offer ;
  Having regard to Council Regulation (EEC) No                           Whereas it must be made clear who is to bear any
  2727/75 of 29 October 1975 on the common organiza­                     costs which arise in the event that for reasons of force
  tion of the market in cereals ('), as last amended by                  majeure the operation in question is not completed
 Regulation (EEC) No 1 547/79 (*),                                       within the time stipulated ;
  Having regard to Council Regulation (EEC) No                           Whereas provision should be made for security to be
 2750/75 of 29 October 1975 laying down the condi­                      given to guarantee fulfilment of the obligations arising
 tions for the mobilization of cereals as food aid (3 ), and             by virtue of participation in the invitation to tender ;
 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)
 No 2543/73 (5), and in particular Article 3 thereof,                   Whereas it is important that the Commission be
                                                                        informed without delay of the tenders submitted in
                                                                        response to the invitation and of those accepted by
 Having regard to the opinion of the Monetary                           the intervention agency ;
 Committee ,
 Whereas on 8 May 1979 the Council of the European                      Whereas the measures provided for in this Regulation
 Communities declared that by way of Community                          are in accordance with the opinion of the Manage­
                                                                        ment Committee for Cereals,
 action it proposed to grant the World Food
 Programme 15 000 tonnes of common wheat under
 its 1977/78 and 1978 /79 food-aid programme ;
 Whereas pursuant to Article 3 (3) of Council Regula­                   HAS ADOPTED THIS REGULATION :
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;
                                                                                                 Article 1
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                 1.     Tenders are hereby invited for the supply, by
 nated by the recipient or its agent ;                                  way of Community food-aid action to the World Food
                                                                        Programme, of 15 000 tonnes of common wheat.
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                        2. The tendering procedure shall take place in
 may relate to products mobilized anywhere within                       France in one lot. The product shall be mobilized on
 those Member States ; whereas, in view of the currency                 the Community market. The product shall be loaded
situation in the Member States and in order to ensure                   for departure from any Community port.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
                                                                        3 . The product referred to in paragraph 1 is to be
                                                                        delivered in bulk to the port of shipment in the
(!)  OJ    No  L 281 , 1 . 1 1 . 1975, p. 1 .                           vicinity of the vessel . The goods must be set down at
(2)  OJ    No  L 188 , 26 . 7. 1979, p. 1 .
(3   OJ    No  L 281 , 1 . 11 . 1975, p. 89 .                           the place nominated by the recipient country or its
(«)  OJ    No  106, 30 . 10 . 1962, p . 2553 /62 .                      agent, the timing of delivery being settled by the
(5)  OJ    No  L 263 , 19 . 9 . 1973, p. 1 .                            tenderer and the recipient country's agent.
 ---pagebreak--- No L 203/42                        Official Journal of the European Communities                               11 . 8 . 79
The successful tenderer shall supply in addition                                      Article 4
 189 375 empty new jute sacks of a capacity of 80 kg,
 100 needles and sufficient twine .                          The contract shall be awarded to the tenderer offering
                                                             the best terms, taking into consideration the adjust­
Minimum weight of sacks shall be 700 grams.                  ment referred to in Article 3 (3).
The following shall be printed on the sacks :                 However, if the tenders submitted do not appear to
' Ethiopia / Wheat , / Gift of the European Economic         reflect normal market prices and costs, the interven­
Community / Action of the World Food Programme .'            tion agency may cancel the invitation to tender.
                        Article 2                                                     Article 5
 1.    The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken      If the tenderer is unable to deliver the goods in
on 24 August 1979.                                           compliance with Article 1 (3) on the date given in the
                                                             notice of invitation to tender as a result of the late
2. The closing date for submission of tenders shall          availability of the vessels to be used for sea transporta­
be 24 August 1979 at 12 noon .                               tion, the resulting costs shall be borne by the interven­
                                                             tion agency.
3.     The   notice of  invitation  to  tender shall  be
published in the Official Journal of the European
Communities not less than nine days before the                                        Article 6
closing date for submission of tenders.
                                                              1 . The tenderer shall give security in an amount of
                        Article 3
                                                             6 ECU per tonne of goods.
                                                              It shall be released :
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation         — in the case of all tenderers whose tenders are
to tender was issued .
                                                                  unsuccessful or are not accepted,
2. Tenders must in particular mention the Member             — in the case of the successful tenderer, when the
State in which the tenderer, in the event of his being            operations concerned have been carried out within
declared successful, expects to complete the customs              the prescribed time limit and on submission of
export formalities for the products concerned.                    the original export licence duly granted and
                                                                  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
for submission of tenders to exports from the Member         — in the case of the successful tenderer, for quanti­
State mentioned in the tender pursuant to paragraph               ties not supplied by reason of force majeure.
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
— reducing prices which mention a Member State               criteria laid down by each Member State.
     whose currency has been revalued.
The monetary compensatory amount shall, where                                         Article 7
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            The common wheat referred to in Article 1 must be
issued using :                                               of fair and sound merchantable quality and corres­
— in the case when the currencies concerned are
                                                             pond at least to the standard quality for which the
                                                             intervention price is fixed, except that the moisture
     kept at any given moment within a band of               content shall not exceed 15-5 % and that a maximum
     2-25 % , a conversion rate resulting from their         of 3 % of sprouted grains and 1-5 % of miscellaneous
     central rate,
                                                             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 French intervention agency shall be respon­
     period immediately preceding the closing date for       sible for organizing the invitation to tender provided
     submission of tenders .                                 for by this Regulation .
 ---pagebreak---  11 . 8 . 79                        Official Journal of the European Communities                           No L 203 /43
 2.     It shall forthwith communicate to the Commis­          (b) the date of departure of the ships ;
 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
 3 . Where the customs export formalities for the              by the intervention agency to the Commission imme­
 mobilized product are completed in a Member State             diately upon receipt.
other than that in which the invitation to tender is
 issued, the intervention agency of the latter Member          5 . When the intervention agency responsible for
State shall be responsible for the operations following        the operations relating to tendering is not the interven­
tendering, including payment to the successful                 tion agency which appoints the successful tenderer, it
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
vention agency of the Member State concerned and                                       Article 9
shall supply it with all the information which it may
require.                                                       On delivery of the goods at the port of shipment, a
                                                               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
     dispatched and the quality of the products ;              Com m unities.
                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