CELEX: 31979R2021
Language: en
Date: 1979-09-14 00:00:00
Title: Commission Regulation (EEC) No 2021/79 of 14 September 1979 opening an invitation to tender for the mobilization of common wheat as food aid for Republic of Bolivia

No L 233/ 22                                Official Journal of the European Communities                            15 . 9 . 79
                                       COMMISSION REGULATION (EEC) No 2021 /79
                                                          of 14 September 1979
                opening an invitation to tender for the mobilization of common wheat as food
                                                     aid for the Republic of Bolivia
THE COMMISSION OF THE EUROPEAN                                         that the tenders are as comparable as possible, account
 COMMUNITIES,                                                          should be taken of the effect on each tender of the
                                                                       currency situation in the Member State in which the
 Having regard to the Treaty establishing the European                 customs export formalities will be completed ;
 Economic Community,
                                                                       Whereas the award under the invitation to tender
 Having regard to Council Regulation (EEC) No                          must be made in favour of the tenderer offering the
2727/75 of 29 October 1975 on the common organiza­                     best terms ;
tion of the market in cereals ('), as last amended by
Regulation (EEC) No 1 547/79 (2),
                                                                       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
2750/75 of 29 October 1975 laying down the condi­                      liability for any resulting costs ;
tions for the mobilization of cereals as food aid (3 ), and
in particular Article 6 thereof,
                                                                       Whereas provisions should be made for security to be
                                                                       given for the purpose of guaranteeing that the obliga­
Having regard to Council Regulation No 129 on the                      tions arising by virtue of participation in the invita­
value of the unit of account and the exchange rates to                 tion to tender will be fulfilled ;
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 French intervention agency should be
                                                                       made responsible for the tendering procedure in ques­
                                                                       tion ;
Having regard to the opinion of the Monetary
Committee ,
                                                                       Whereas the Commission must be informed quickly
Whereas on 8 May 1979 the Council of the European                      of the tenders submitted in response to the invitation
Communities declared that by way of Community                          and of those accepted by the intervention agency ;
action it proposed to grant Bolivia 1 500 tonnes of
common         wheat       under       its    1978 / 79    food-aid
                                                                       Whereas the measures provided for in this Regulation
programme ;                                                            are in accordance with the opinion of the Manage­
                                                                       ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750 /75 the goods may be purchased
anywhere on the Community market ;
Whereas tenders should be invited for the supply of                    HAS ADOPTED THIS REGULATION :
the product to the port of shipment in the vicinity of
the vessel , the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                                                Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                       1 . Tenders are hereby invited for the supply, by
may relate to products mobilized anywhere within                       way of Community food-aid action, to Bolivia of
those Member States ; whereas, in view of the currency                 1 500 tonnes of common wheat.
situation in the Member States and in order to ensure
(>)  OJ No   L 281 , 1 . 1 1 . 1975, p . 1 .                           2.     The tendering procedure shall take place in
(2 ) OJ No   L 188 , 26 . 7. 1979 , p . 1 .                            France in one lot. The product shall be mobilized on
(3 ) OJ No   L 281 , 1 . 11 . 1975, p . 89 .
 4   OJ No   106, 30 . 10 . 1962, p. 2553/62.                          the Community market. The product shall be loaded
(5 ) OJ No   L 263 , 19 . 9 . 1973, p. 1 .                             for the departure from any Community port.
 ---pagebreak---  15. 9 . 79                        Official Journal of the European Communities                          No L 233/23
3 . The product referred to in paragraph 1 is to be               to the Tuesday of the following week being the
delivered in new jute sacks of a net capacity of 50 kilo­         period immediately preceding the closing date for
grams to the port of shipment in the vicinity of the              submission of tenders .
vessel . The goods must be set down at the place nomi­
nated by the recipient country or its agent, the timing                               Article 4
of delivery being settled by the tenderer and the recip­     The contract shall be awarded to the tenderer offering
ient country's agent.                                        the best terms, taking into consideration the adjust­
Minimum weight of the sacks shall be 600 grams. The          ment referred to in Article 3 (3).
following shall be printed on the sacks :                    However, if the tenders submitted do not appear to
'Trigo / Donacion de la Comunidad economica                  reflect normal market prices and costs, the interven­
europea a Bolivia.'                                          tion agency may cancel the invitation to tender.
To allow for the possibility of re-bagging, the
                                                                                      Article 5
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the           If the tenderer is unable to deliver the goods in
goods but with the printing followed by a capital            compliance with Article 1 (3) on the date given in the
letter ' R '.                                                notice of invitation to tender as a result of the late
                                                             availability of the vessels to be used for sea transporta­
                        Article 2
                                                             tion, the resulting costs shall be borne by the interven­
1 . The decision on tenders received in response to          tion agency.
the invitation provided for in Article 1 shall be taken
on 28 September 1979 .                                                                Article 6
2. The closing date for submission of tenders shall          1 . The tenderer shall give security in an amount of
be 28 September 1979 at 12 noon .                            6 ECU per tonne of goods .
3.    The     notice of invitation to tender shall    be     It shall be released :
published in the Official Journal of the European            — in the case of all tenderers whose tenders are
Communities not less than nine days before the                   unsuccessful or are not accepted,
closing date for submission of tenders.                      — in the case of the successful tenderer, when the
                        Article 3                                operations concerned have been carried out within
                                                                 the prescribed time limit and on submission of
1 . The prices offered must be expressed in the                   the original export licence duly granted and
currency of the Member State in which the invitation             endorsed by the competent authorities of the
to tender was issued .                                           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 quanti­
declared successful, expects to complete the customs             ties not supplied by reason of force majeure.
export formalities for the products concerned.               2. The security required under paragraph 1 may be
3 . For the purpose of rendering the tenders compar­         provided in the form of a cash deposit or of a
able, the prices shall be corrected by the monetary          guarantee issued by a credit institution conforming to
compensatory amount applicable on the closing date           criteria laid down by each Member State.
                                                                                                                   I
for submission of tenders to exports from the Member
State mentioned in the tender pursuant to paragraph                                   Article 7
2. Such correction shall be made by :                        The common wheat referred to in Article 1 must be
— increasing prices which mention a Member State             of fair and sound merchantable quality and corres­
    whose currency has depreciated,                          pond at least to the standard quality for which the
— reducing prices which mention a Member State               intervention price is fixed, except that the moisture
    whose currency has been revalued.                        content shall not exceed 15 5 % and that a maximum
                                                             of 3 % of sprouted grains and 1-5 % of miscellaneous
The monetary compensatory amount shall, where                impurities shall be allowed .
appropriate, be converted into the currency of the
Member State in which the invitation to tender is                                     Article 8
issued using :
— in the case when the currencies concerned are              1 . The French intervention agency shall be respon­
    kept at any given moment within a band of                sible for organizing the invitation to tender provided
    2-25 % , a conversion rate resulting from their          for by this Regulation .
    central rate,                                            2.     It shall forthwith communicate to the Commis­
— in other cases, the average of the spot rates of the       sion the list of firms which have responded to the invi­
    currencies concerned recorded in the Member              tation to tender, specifying the terms of each tender,
    State in which the invitation to tender is issued        together with the name and business name of the
    during a period from the Wednesday of one week           successful tenderer.
 ---pagebreak--- No L 233 / 24                      Official Journal of the European Communities                              15 . 9 . 79
3. Where the customs export formalities for the              The information indicated above shall be forwarded
mobilized product are completed in a Member State            by the intervention agency to the Commission imme­
other than that in which the invitation to tender is         diately upon receipt.
issued, the intervention agency of the latter Member
State shall be responsible for the operations following      5. When the intervention agency responsible for
tendering, including payment to the successful               the operations relating to tendering is not the interven­
tenderer.
                                                             tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the           shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­      tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may
require .                                                                            Article 9
Futhermore , the amount of the successful tender shall
be paid after it has been converted using the average        On delivery of the goods at the port of shipment, a
of the spot rates referred to in the second subpara­         handing-over certificate shall be supplied to the
graph of Article 3 (3) to the tenderer in the currency       successful tenderer, acting as agent for the Commu­
of the Member State in which the operations relating         nity, by the agent of the recipient country, or, in the
to the tendering are completed .                             absence of the latter, by the intervention agency of the
                                                             Member State in whose territory the port of shipment
4. The intervention agency shall request the                 is situated .
successful tenderer to supply the following informa­
tion :
(a) after shipment, a certificate showing the quantities                             Article 10
    dispatched and the quality of the products ;
(b) the date of departure of the ships ;                     This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
    during transportation of the products .                  Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 14 September 1979 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President