CELEX: 31979R0248
Language: en
Date: 1979-02-09 00:00:00
Title: Commission Regulation (EEC) No 248/79 of 9 February 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Rwanda

No L 36/ 12                               Official Journal of the European Communities                             10 . 2 . 79
                                     COMMISSION REGULATION (EEC) No 248/79
                                                        of 9 February 1979
              opening an invitation to tender for the mobilization of common wheat as food
                                                 aid for the Republic of Rwanda
THE COMMISSION OF THE EUROPEAN                                       Whereas the Belgian intervention agency should be
COMMUNITIES,                                                         made responsible for the tendering procedure in ques­
                                                                     tion ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                     Whereas the Commission must be informed quickly
Having regard to Council Regulation (EEC) No                         of the tenders submitted in response to the invitation
2727/75 of 29 October 1975 on the common organiza­                   and of those accepted by the intervention agency ;
tion of the market in cereals ( !), as last amended by
Regulation (EEC) No 1 254/78 (2),                                    Whereas the measures provided for in this Regulation
                                                                     are in accordance with the opinion of the Manage­
Having regard to Council Regulation (EEC) No                         ment Committee for Cereals,
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,
Having regard to the opinion of the Monetary                         HAS ADOPTED THIS REGULATION :
Committee,
Whereas on 30 January 1978 the Council of the Euro­
pean Communities declared that by way of Commu­                                              Article 1
nity action it proposed to grant the Republic of
Rwanda 2 000 tonnes of common wheat under its
                                                                     1 . Tenders are hereby invited for the supply by way
 1977/78 food-aid programme ;                                        of Community food-aid action to the Republic of
                                                                     Rwanda of 2 000 tonnes of common wheat.
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                   2. The tendering procedure shall take place in
                                                                     Belgium in two lots.
Whereas the proposed invitation to tender should be
for supply of the products delivered to Ruhenjeri ;                  3.     The products shall be mobilized on the Commu­
                                                                     nity market.
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
may relate to products mobilized anywhere within                     4.     Shipment shall be from a Community port.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure                5. The invitation to tender provided for in para­
that the tenders are as comparable as possible, account             graph 1 is for supply of the products delivered to
should be taken of the effect on each tender of the                  Ruhenjeri .
currency situation in the Member State in which the
customs export formalities will be completed ;                       6.     The   successful   tenderer  shall  deliver     the
Whereas     the  contract      should     be   awarded  to  the      products specified in paragraph 1 in new jute sacks of
tenderer offering the best terms ;                                   a net capacity of 50 kilograms.
Whereas in case it should be impossible for reasons of               Minimum weight of the sacks shall be 600 grams. The
force majeure to complete the operation in question                  following shall be printed on the sacks :
within the set time limits, it must be made clear who
is to bear any costs resulting therefrom ;                            Froment tendre / Don de la Communauté écono­
                                                                     mique européenne à la république du Rwanda'.
Whereas provision should be made for security to be
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender ;             To allow for the possibility of re-bagging, the
                                                                     successful tenderer shall supply 2 % of new empty
( 1 ) OJ No L 281 , 1 . 11 . 1975, p. 1 .                            sacks, of the same quality as those containing the
(2) OJ No L 156, 14. 6 . 1978 , p. 1 .                               goods but with the printing followed by a capital
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                             letter ' R'.
 ---pagebreak---  10 . 2 . 79                        Official Journal of the European Communities                           No L 36/ 13
                         Article 2                                                     Article 5
 1 . The decision on tenders received in response to           1 . The tenderer shall give security in an amount of
the invitation provided for in Article 1 shall be taken       five units of account per tonne of goods.
on 23 February 1979 .
                                                               It shall be released :
2. The closing date for the receipt of tenders shall
be 23 February 1979 at 12 noon .                              — in the case of all tenderers whose tenders are
3.     The   notice of   invitation to   tender  shall be          unsuccessful or are not accepted,
published in the Official Journal of the European             — in the case of the successful tenderer, when the
 Communities not less than nine days before the                    operations concerned have been carried out within
closing date for submission of tenders.                            the prescribed time limit and on submission of
                                                                   the original export licence duly granted and
                         Article 3                                 endorsed by the competent authorities of the
                                                                   Member State mentioned in the tender pursuant
1 . The prices offered must be expressed in the                    to Article 3 (2),
currency of the Member State in which the invitation          — in the case of the successful tenderer, for quanti­
to tender was issued .                                             ties not supplied by reason of force majeure.
2. Tenders must in particular mention the Member
                                                              2. The security required under paragraph 1 may be
State in which the tenderer, in the event of his being
                                                              provided in the form of a cash deposit or of a
declared successful, expects to complete the customs
                                                              guarantee issued by a credit institution conforming to
export formalities for the products concerned .               criteria laid down by each Member State.
3.     For the purpose of rendering the tenders compar­
able, the prices shall , where appropriate, be corrected
                                                                                       Article 6
by the monetary compensatory amount applicable on
the closing date for submission of tenders to exports
from the Member State mentioned in the tender                 The    product referred to in Article 1 must be of fair
pursuant to paragraph 2. Such correction shall be             and    sound merchantable quality and correspond at
made by :                                                     least   to the standard quality for which the interven­
                                                              tion   price is fixed, except that the moisture content
— increasing prices which mention a Member State              shall not exceed 14-5 % and that a maximum of 3 %
     whose currency has depreciated,                          of sprouted grains and 1-5 % of miscellaneous impuri­
— reducing prices which mention a Member State                ties shall be allowed .
     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
                                                               1 . The Belgian intervention agency shall be respon­
issued using :
                                                              sible for operations relating to the invitation to tender
— in the case when the currencies concerned are               provided for by this Regulation .
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their          2.     It shall forthwith communicate to the Commis­
     central rate ,                                           sion the list of firms which have responded to the invi­
— in the other cases, the average of the spot rates of        tation to tender, specifying the terms of each tender,
     the currencies concerned recorded in the Member          together with the name and business name of the
     State in which the invitation to tender is issued        successful tenderer.
     during a period from the Wednesday of one week
     to the Tuesday of the following week being the           3. Where the customs export formalities for the
     period immediately preceding the closing date for        mobilized product are completed in a Member State
     submission of tenders .                                  other than that in which the invitation to tender is
                                                              issued, the intervention agency of the latter Member
                         Article 4
                                                              State shall be responsible for the operations following
                                                              tendering, including payment to the successful ten­
                                                              derer.
The contract shall be awarded to the tenderer offeing
the best terms, taking into consideration the adjust­
ment referred to in Article 3 (3).                            In such case, the intervention agency choosing the
                                                              successful tenderer shall immediately inform the inter­
However, if the tenders submitted do not appear to            vention agency of the Member State concerned and
reflect normal market prices and costs, the interven­         shall supply it with all the information which it may
tion agency may cancel the invitation to tender.              require.
 ---pagebreak--- No L 36/ 14                      Official Journal of the European Communities                                10 . 2. 79
Furthermore, the amount of the successful tender             5. When the intervention agency responsible for
shall be paid after it has been converted using the          the operations relating to tendering is not the interven­
average of the spot rates referred to in the second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (3) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security.
relating to the tendering are completed .
4. The intervention agency shall ask that the                                        Article 8
tenderer specifies the following information :
                                                             As regards this tender the intervention agency is auth­
(a) after each shipment, a statement giving details of       orized to make an initial payment of 80 % of the
    the quantities loaded, the quality of the products
                                                             value of the quantity given in the bill of lading, on
    and their packaging ;                                    presentation of that document and subject to the
(b) the date of the departure of the ships ; the             taking of a security for an amount equal to the initial
    expected date of arrival of the products at their        payment .
    destination ;
(c) all possible contingencies which might occur
                                                                                     Article 9
    during transportation of the products.
The intervention agency shall transmit the informa­          This Regulation shall enter into force on the day of its
tion provided for to the Commission as soon as it is         publication in the Official Journal of the European
received .                                                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 9 February 1979 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President