CELEX: 31979R2906
Language: en
Date: 1979-12-21 00:00:00
Title: Commission Regulation (EEC) No 2906/79 of 21 December 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the Kingdom of Lesotho

No L 326/24                              Official Journal of the European Communities                          22. 12. 79
                                    COMMISSION REGULATION (EEC) No 2906/79
                                                       of 21 December 1979
               opening an invitation to tender for the mobilization of common wheat as food
                                                aid for the Kingdom of Lesotho
 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 Belgian intervention agency should be
 Having regard to Council Regulation No 129 on the                  made responsible for the tendering procedure ;
 value of the unit of account and the exchange rates to
 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 the measures provided for in this Regulation
                                                                    are in accordance with the opinion of the Manage­
 Whereas on 8 May 1979 the Council of the European                  ment Committee for Cereals,
 Communities declared that by way of Community
 action it proposed to grant Lesotho 3 000 tonnes of
 common       wheat       under      its    1978/79     food-aid
 programme ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;
                                                                                             Article 1
Whereas the proposed invitation to tender should be
 for supply of the products delivered to Maseru ;                   1 . Tenders are hereby invited for the supply, by
                                                                    way of Community food-aid action, to the Kingdom
Whereas tenders may be submitted by tenderers esta­                 of Lesotho of 3 000 tonnes of common wheat.
blished in any Member State of the Community and
 may relate to products mobilized anywhere within
 those Member States ; whereas, in view of the currency             2. The tendering        procedure shall take place in
 situation in the Member States and in order to ensure              Belgium in one lot.    The product shall be mobilized
 that the tenders are as comparable as possible, account            on the Community        market. The products shall be
should be taken of the effect on each tender of the                 loaded for departure   from any Community port.
currency situation in the Member State in which the
customs export formalities will be completed ;
                                                                    3 . The invitation to tender provided for in para­
(i) OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
                                                                    graph 1 is for supply of the products delivered to
                                                                    Maseru.
(*) OJ  No  L 188, 26. 7. 1979, p. 1 .
P)  OJ  No  L 281 , 1 . 11 . 1975, p. 89.
(«) OJ  No  106, 30. 10. 1962, p. 2553/62.
(5) OJ  No  L 263, 19. 9. 1973, p. 1 .                              4.    The product shall be delivered in bulk.
 ---pagebreak--- 22. 12. 79                        Official Journal of the European Communities                         No L 326/25
                        Article 2                                                     Article 5
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken      1 . The tenderer shall give security in an amount of
on 11 January 1980.                                          6 ECU per tonne of goods.
2. The closing date for submission of tenders shall          It shall be released :
be 11 January 1980 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
to tender was issued.                                        — in the case of the successful tenderer for quantities
                                                                  not supplied by reason of force majeure.
2. Tenders must in particular mention the Member
State in which the tenderer in the event of his being        2. The security required under paragraph 1 may be
declared successful, expects to complete the customs         provided in the form of a cash deposit or of a
export formalities for the products concerned.               guarantee issued by a credit institution conforming to
                                                             criteria laid down by each Member State.
3. For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount applicable on
the closing date for submission of tenders to exports                                 Article 6
from the Member State mentioned in the tender
pursuant to paragraph 2. Such correction shall be            The common wheat referred to in Article 1 must be
made by :                                                    of fair and sound merchantable quality and corres­
— increasing prices which mention a Member State             pond at least to the standard quality for which the
                                                             intervention price is fixed, except that the moisture
     whose currency has depreciated,                         content shall not exceed 15% .
— reducing prices which mention a Member State
     whose currency has been revalued.
Such 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 the operations relating to the invitation to
— in the case when the currencies concerned are              tender provided for by this Regulation.
     kept at any given moment within a band of
                                                             2.     It shall forthwith communicate to the Commis­
     2-25 %, a conversion rate resulting from their
     central rate,                                           sion the list of firms which have responded to the invi­
— in other cases, the average of the spot rates of the       tation to tender, specifying the terms of each tender,
     currencies concerned recorded in the Member             together with the name and business name of the
                                                             successful tenderer.
     State in which the invitation to tender is issued
     during a period from 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
                                                              State shall be responsible for the operations following
                        Article 4
                                                              tendering, including payment to the successful
                                                              tenderer.
 The contract shall be awarded to the tenderer offering
 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 326/26                        Official Journal of the European Communities                             22. 12. 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.
                                                                                     Article 8
4. The intervention agency shall request the
successful tenderer to supply the following informa­         As regards this tender, the intervention agency is auth­
tion :                                                       orized to make an initial payment of 80 % of the
                                                             value of the quantity given in the bill of lading, on
(a) after each shipment a certificate showing the quan­      presentation of that document and subject to the
    tities dispatched and the quality of the products ;      taking of a security for an amount equal to the initial
(b) the date of departure of the ships ;                     payment.
(c) all possible contingencies which might occur
                                                                                     Article 9
    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, 21 December 1979.
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President