CELEX: 31979R2062
Language: en
Date: 1979-09-21 00:00:00
Title: Commission Regulation (EEC) No 2062/79 of 21 September 1979 opening an invitation to tender for the mobilization of common wheat as food aid for Mozambique

No L 240/8                              Official Journal of the European Communities                            22 . 9 . 79
                                    COMMISSION REGULATION (EEC) No 2062/79
                                                     of 21 September 1979
              opening an invitation to tender for the mobilization of common wheat as food
                                                      aid for Mozambique
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 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 (J ), 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 for supplies to Mozambique will be
tions for the mobilization of cereals as food aid (3), and         fulfilled ;
in particular Article 6 thereof,
Having regard to Council Regulation No 129 on the                  Whereas the French intervention agency should be
value of the unit of account and the exchange rates to             made responsible for the tendering procedure in ques­
                                                                   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 the Commission must be informed quickly
                                                                   of the tenders submitted in response to the invitation
Having regard to the opinion of the Monetary                       and of those accepted by the intervention agency ;
Committee,
                                                                   Whereas the measures provided for in this Regulation
Whereas on 8 May 1979 the Council of the European                  are in accordance with the opinion of the Manage­
Communities declared that by way of Community                      ment Committee for Cereals,
action it proposed to grant Mozambique 1 6 500
tonnes of common wheat under its 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 the proposed invitation to tender should be
for supply of the products placed on the quay at the
port of unloading ;                                                 1 . Tenders are hereby invited for the supply to
                                                                   Mozambique by way of Community food-aid action of
Whereas tenders may be submitted by tenders esta­                   16 500 tonnes of common wheat.
blished in any Member State of the Community and
may relate to products mobilized anywhere within                   2. The tendering procedure shall take place in
those Member States ; whereas, in view of the currency             France in two lots. The product shall be mobilized on
situation in the Member States and in order to ensure
                                                                   the Community market. The product shall be loaded
that the tenders are as comparable as possible, account            for the departure from any Community port.
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 ;                     3 . The invitation to tender provided for in para­
                                                                   graph 1 is for supply of products delivered on the
(') OJ No  L 281 , 1 . 11 . 1975, p. 1 .                           quay in one of the ports of unloading listed in the
(2) OJ No  L 188 , 26. 7. 1979, p. 1 .                             Annex .
(3) OJ No  L 281 , 1 . 11 . 1975, p. 89 .
(4) 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 . 9 . 79                         Official Journal of the European Communities                          No L 240/9
                         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        6 ECU per tonne of goods.
on 5 October 1979 .
                                                               It shall be released :
2.     The closing date for submission of tenders shall
be 5 October 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
                                                                    endorsed by the competent authorities of the
                         Article 3
                                                                    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 quantities
to tender was issued .                                              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          The common wheat referred to in Article 1 to be
from     the Member State      mentioned    in the  tender
                                                               supplied to Mozambique must be of fair and sound
pursuant to paragraph 2. Such correction shall be              merchantable quality and correspond at least to the
made by :                                                      standard quality for which the intervention price is
— increasing prices which mention a Member State               fixed, except that the moisture content shall not
     whose currency has depreciated,                           exceed     14 %   and   that  a  maximum    of  3 %   of
— reducing prices which mention a Member State                 sprounted grains and 1-5 % of miscellaneous impuri­
                                                               ties shall be allowed .
     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
issued using :                                                  1 . The French intervention agency shall be respon­
                                                               sible for organizing the invitation to tender provided
— in the case when the currencies concerned are
                                                               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 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
     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
                                                                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 240/ 10                       Official Journal of the European Communities                              22. 9 . 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 regard this tender, the intervention agency is autho­
tion :
                                                             rized to make an initial payment of 80 % of the value
(a) after each shipment a certificate showing the quan­      of the quantity given in the bill of lading, on presenta­
    tities dispatched and the quality of the products ;      tion of that document and subject to the taking of a
(b) the date of departure of the ships ;                     security for an amount equal to the initial payment.
(c) all possible contingencies which might occur
    during transportation of the products.                                            Article 9
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 September 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President
                                                        ANNEX
                 Number                                                Minimum rate
                                      Port of unloading                                      Tonnage cif
                  of lot                                               of unloading
                    1
                    2
                          Maputo
                          Beira
                                                                | Customs of the port           6 000
                                                                                               10 500