CELEX: 31979R2063
Language: en
Date: 1979-09-21 00:00:00
Title: Commission Regulation (EEC) No 2063/79 of 21 September 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the World Food Programme

22. 9 . 79                                Official Journal of the European Communities                        No L 240/ 11
                                     COMMISSION REGULATION (EEC) No 2063/79
                                                      of 21 September 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 (2),                                   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 4 108 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 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 4 108 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 . 11 . 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
(4) 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 240/ 12                      Official Journal of the European Communities                               22. 9 . 79
                          Article 2                                                      A rticle 5
   1.    The decision on tenders received in response to        If the tenderer is unable to deliver the goods in
   the invitation for in Article 1 shall be taken on 5         compliance with Article 1 (3) on the date given in the
   October 1979                                                notice of invitation to tender as a result of the late
                                                               availability of the vessels to be used for sea transporta­
   2.    The closing date for submission of tenders shall      tion , the resulting costs shall be borne by the interven­
  be 5 October 1979 at 12 noon .                               tion agency.
   3.    The   notice  of invitation  to  tender shall  be
   published in the Official Journal of the European                                     Article 6
   Communities not less than nine days before the
  closing date for submission of tenders.                       1 . The tenderer shall give security in an amount of
                                                               6 ECU per tonne of goods.
                          Article 3                            It shall be released :
                                                               — in the case of all tenderers whose tenders are
   1 . The prices offered must be expressed in the
  currency of the Member State in which the invitation              unsuccessful or are not accepted,
  to tender was issued .                                       — in the case of the successful tenderer, when the
                                                                    operations concerned have been carried out within
  2. Tenders must in particular mention the Member                  the prescribed time limit and on submission of
  State in which the tenderer, in the event of his being            the original export licence duly granted and
  declared successful, expects to complete the customs              endorsed by the competent authorities of the
  export formalities for the products concerned.                    Member State mentioned in the tender pursuant
                                                                    to Article 3 (2),
  3.     For the purpose of rendering the tenders compar­
  able, the prices shall be corrected by the monetary          — in the case of the successful tenderer, for quanti­
  compensatory amount applicable on the closing date                ties not supplied by reason of force majeure.
  for submission of tenders to exports from the Member         2. The security required under paragraph 1 may be
  State mentioned in the tender pursuant to paragraph          provided in the form of a cash deposit or of a ,
  2. Such correction shall be made by :                        guarantee issued by a credit institution conforming to
  — increasing prices which mention a Member State             criteria laid down by each Member State.
       whose currency has depreciated,
  — reducing prices which mention a Member State                                         Article 7
      whose currency has been revalued .
                                                               The common wheat referred to in Article 1 must be
  The monetary compensatory amount shall, where                of fair and sound merchantable quality and corres­
  appropriate, be converted into the currency of the           pond at least to the standard quality for which the
  Member State in which the invitation to tender is            intervention price is fixed, except that the moisture
  issued using :                                               content shall not exceed 15 5 % and that a maximum
  — in the case when the currencies concerned are              of 3 % of sprouted grains and 1-5 % of miscellaneous
       kept at any given moment within a band of               impurities shall be allowed.
       2-25 % , a conversion rate resulting from their
       central rate,                                                                    Article 8
  — in the other cases, the average of the spot rates of
       the currencies concerned recorded in the Member         1 . The French intervention agency shall be respon­
      State in which the invitation to tender is issued        sible for organizing the invitation to tender provided
      during a period from the Wednesday of one week           for by this Regulation .
      to the Tuesday of the following week being the           2.     It shall forthwith communicate to the Commis­
       period immediately preceding the closing date for       sion the list of firms which have responded to the invi­
      submission of tenders .
                                                               tation to tender, specifying the terms of each tender,
                                                               together with the name and business name of the
                          Article 4                            successful tenderer.
  The contract shall be awarded to the tenderer offering       3.     Where the customs export formalities for the
  the best terms, taking into consideration the adjust­        mobilized product are completed in a Member State
  ment referred to in Article 3 (3).                           other than that in which the invitation to tender is
                                                               issued, the intervention agency of the latter Member
, However if the tenders submitted do not appear to            State shall be responsible for the operations following
  reflect normal market prices and costs, the interven­        tendering, including payment to the successful
  tion agency may cancel the invitation to tender.             tenderer.
 ---pagebreak--- 22 . 9 . 79                       Official Journal of the European Communities                          No L 240 / 13
In such case, the intervention agency choosing the           5 . When the intervention agency responsible for
successful tenderer shall immediately inform the inter­      the operations relating to tendering is not the interven­
vention agency of the Member State concerned and             tion agency which appoints the successful tenderer, it
shall supply it with all the information which it may        shall send as soon as possible to the latter the informa­
require.                                                     tion necessary for releasing the security.
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the
average of the spot rates referred to in the second                                  Article 9
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in whih the operations          On delivery of the goods at the port of shipment, a
relating to the tendering are completed .                    handing-over certificate shall be supplied to the
4. The intervention agency shall request the                 successful tenderer, acting as agent for the Commu­
successful tenderer to supply the following informa­         nity, by the agent of the recipient country, or, in the
tion :                                                       absence of the latter, by the intervention agency of the
                                                             Member State in whose territory the port of shipment
(a) after shipment a certificate showing the quantities      is situated .
     dispatched and the quality of the products ;
(b) the date of departure of the ships ;
(c) all possible contingencies which might occur                                     Article 10
     during transportation of the products.
The information indicated above shall be forwarded           This Regulation shall enter into force of 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