CELEX: 31979R0144
Language: en
Date: 1979-01-26 00:00:00
Title: Commission Regulation (EEC) No 144/79 of 26 January 1979 opening an invitation to tender for the mobilization of common wheat as food aid for Zaire

27. 1 . 79                               Official Journal of the European Communities                         No L 20/23
                                      COMMISSION REGULATION (EEC) No 144/79
                                                        of 26 January 1979
               opening an invitation to tender for the mobilization of common wheat as food
                                                           aid for Zaire
 THE COMMISSION OF THE EUROPEAN                                     Whereas provisions should be made for security to be
 COMMUNITIES,                                                       given for the purpose of guaranteeing that the obliga­
                                                                    tions arising by virtue of participation in the invita­
 Having regard to the Treaty establishing the European              tion to tender for supplies to Zaire will be fulfilled ;
 Economic Community,
                                                                    Whereas the French intervention agency should be
 Having regard to Council Regulation (EEC) No                       made responsible for the tendering procedure in ques­
 2727/75 of 29 October 1975 on the common organiza­                 tion ;
 tion of the market in cereals ('), as last amended by
 Regulation (EEC) No 1254/78 (2),                                   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 ;
 2750/75 of 29 October 1975 laying down the condi­
 tions for the mobilization of cereals as food aid (3), and         Whereas the measures provided for in this Regulation
 in particular Article 6 thereof,                                   are in accordance with the opinion of the Manage­
                                                                    ment Committee for Cereals,
 Having regard to the opinion of the Monetary
 Committee,
Whereas on 30 January 1978 the Council of the Euro­                 HAS ADOPTED THIS REGULATION :
 pean Communities declared that by way of Commu­
 nity action it proposed to grant Zaire 10 000 tonnes of
common        wheat       under      its    1977/78    food-aid                            Article 1
 programme ;
                                                                    1 . Tenders are hereby invited for the supply to
Whereas purusant to Article 3 (3) of Council Regula­                Zaire by way of Community food-aid action of 10 000
tion (EEC) No 2750/75 the goods may be purchased                    tonnes of common wheat.
anywhere on the Community market ;
                                                                    2. The tendering procedure shall take place in
Whereas the proposed invitation to tender should be                 France in five lots. The product shall be mobilized on
for supply of the products placed on the quay at the                the Community market. The product shall be loaded
port of unloading ;                                                 for departure from any Community port.
Whereas tenders may be submitted by tenderers esta­                 3. The invitation to tender provided for in para­
blished in any Member State of the Community and                    graph 1 is for supply of products delivered to Matadi
may relate to products mobilized anywhere within                    that is at the moment when the goods are actually
those Member States ; whereas, in view of the currency              placed on the dock or in the lighter where applicable.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account             4.     The product shall be delivered in bulk.
should be taken of the effect on each tender of the
currency situation in the Member State in which the
customs export formalities will be completed ;                                             Article 2
Whereas the award under the invitation to tender
must be made in favour of the tenderer offering the                 1 . The decision on tenders received in response to
best terms ;
                                                                    the invitation provided for in Article 1 shall be taken
                                                                    on 9 February 1979.
Whereas, should force majeure make it impossible to
complete the operation in question within the set                   2. The closing date for submission of tenders shall
time limits, it should be made clear who is to bear the             be 9 February 1979 at 12 noon .
liability for any resulting costs ;                                 3.     The  notice of invitation  to tender shall be
( 1 ) OJ No L 281 , 1 . 11 . 1975, p. 1 .                           published in the Official Journal of the European
(2) OJ No L 156, 14. 6. 1978 , p. 1 .                               Communities not less than nine days before the
h) OJ No L 281 , 1 . 11 . 1975, p. 89.                              closing date for submission of tenders.
 ---pagebreak--- No L 20/ 24                       Official Journal of the European Communities                            27. 1 . 79
                        Article 3                           — in the case of the successful tenderer, when the
                                                                 operations concerned have been carried out within
1 . The prices offered must be expressed in the                  the prescribed time limit and on submission of
currency of the Member State in which the invitation             the original export licence duly granted and
to tender was issued.                                            endorsed by the competent authorities of the
                                                                 Member State mentioned in the tender pursuant
2. Tenders must in particular mention the Member                 to Article 3 (2),
State in which the tenderer, in the event of his being      — in the case of the successful tenderer for quantities
declared successful, exports to complete the customs
                                                                 not supplied by reason of force majeure.
export formalities for the products concerned.
3. For the purpose of rendering the tenders compar­         2. The security required under paragraph 1 may be
able, the prices shall, where appropriate, be corrected     provided in the form of a cash deposit or of a
by the monetary compensatory amount applicable on           guarantee issued by a credit institution conforming to
the closing date for submission of tenders to exports       criteria laid down by each Member State.
from   the Member State mentioned in the tender
pursuant to paragraph 2.
                                                                                     Article 6
Such correction shall be made by :
                                                            The common wheat referred to in Article 1 to be
— increasing prices which mention a Member State
                                                            supplied to Zaire must be of fair and sound merchan­
    whose currency has depreciated,
                                                            table quality and correspond at least to the standard
— reducing prices which mention a Member State              quality for which the intervention price is fixed,
    whose currency has been revalued.                       except that the moisture content shall not exceed
                                                             14 % and that a maximum of 3 % of sprouted grains
Such monetary compensatory amount shall, where              and 1 -5 % of miscellaneous impurities shall be
appropriate, be converted into the currency of the          allowed .
Member State in which the invitation to tender is
issued using :
— in the case when the currencies concerned are                                      Article 7
    kept at any given moment within a band of
    2-25 % , a conversion rate resulting from their          1 . The French intervention agency shall be respon­
    central rate,                                           sible for organizing the invitation to tender provided
— in other cases, the average of the spot rates of the      for by this Regulation .
    currencies concerned, recorded in the Member
    State in which the invitation to tender is issued       2.     It shall forthwith communicate to the Commis­
    during a period from the Wednesday of one week          sion the list of firms which have responded to the invi­
    to the Tuesday of the following week being the          tation to tender, specifying the terms of each tender,
    period immediately preceding the closing date for       together with the name and business name of the
    submission of tenders.                                  successful tenderer.
                                                            3. Where the customs export formalities for the
                        Article 4                            mobilized product are completed in a Member State
                                                            other than that in which the invitation to tender is
The contract shall be awarded to the tenderer offering      issued, the intervention agency of the latter Member
the best terms, taking into consideration the adjust­       State shall be responsible for the operations following
ment referred to in Article 3 (3).                          tendering, including payment to the successful
                                                             tenderer.
However, if the tenders submitted do not appear to
reflect normal market prices and costs, the interven­        In such case, the intervention agency choosing the
tion agency may cancel the invitation to tender.             successful tenderer shall immediately inform the inter­
                                                            vention agency of the Member State concerned and
                        Article 5
                                                             shall supply it with all the information which it may
                                                             require.
1 . The tenderer shall give security in an amount of         Furthermore, the amount of the successful tender
five units of account per tonne of goods.
                                                            shall be paid after it has been converted using the
It shall be released :                                       average of the spot rates referred to in the second
                                                            subparagraph of Article 3 (3) to the tenderer in the
— in the case of all tenderers whose tenders are            currency of the Member State in which the operations
    unsuccessful or are not accepted,                        relating to the tendering are completed.
 ---pagebreak--- 27 . 1 . 79                        Official Journal of the European Communities                           No L 20/25
4. The intervention agency shall request the                 shall send as soon as possible to the latter the informa­
successful tenderer to supply the following informa­         tion necessary for releasing the security.
tion :
(a) after each shipment a certificate showing the quan­                              Article 8
    tities dispatched and the quality of the products ;
                                                             As regard this tender, the intervention agency is autho­
(b) the date of departure of the ships ;                     rized to make an initial payment of 80 % of the value
(c) all possible contingencies which might occur             of the quantity given in the bill of lading, on presenta­
    during transportation of the products.                   tion of that document and subject to the taking of a
The information indicated above shall be forwarded           security for an amount equal to the initial payment.
by the intervention agency to the Commission imme­
diately upon receipt.                                                                Article 9
5. When the intervention agency responsible for              This Regulation shall enter into force on the day of its
the operations relating to tendering is not the interven­    publication in the Official Journal of the European
tion agency which appoints the successful tenderer, it       Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 26 January 1979 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President