CELEX: 31979R1779
Language: en
Date: 1979-08-10 00:00:00
Title: Commission Regulation (EEC) No 1779/79 of 10 August 1979 opening an invitation to tender for the mobilization of barley as food aid for Ethiopia

11 . 8 . 79                               Official Journal of the European Communities                         No L 203/27
                                     COMMISSION REGULATION ( EEC) No 1779/79
                                                         of 10 August 1979
                opening an invitation to tender for the mobilization of barley as food aid for
                                                               Ethiopia
THE COMMISSION OF THE EUROPEAN                                        within the set time limits, it must be made clear who
COMMUNITIES,                                                          is to bear any costs resulting therefrom ;
 Having regard to the Treaty establishing the European                Whereas provision should be made for security to be
 Economic Community,                                                 given to guarantee fulfilment of the obligations arising
                                                                      by virtue of participation in the invitation to tender ;
 Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals ('), as last amended by                Whereas the German intervention agency should be
Regulation (EEC) No 1 547/79 (*),                                     made responsible for the tendering procedure in ques­
                                                                      tion ;
 Having regard to Council Regulation ( EEC) No
 2750/75 of 29 October 1975 laying down the condi­                    Whereas the Commission must be informed quickly
tions for the mobilization of cereals as food aid (3), and            of the tenders submitted in response to the invitation
in particular Article 6 thereof,                                      and of those accepted by the intervention agency ;
 Having regard to Council Regulation No 129 on the                    Whereas the measures provided for in this Regulation
value of the unit of account and the exchange rates to                are in accordance with the opinion of the Manage­
be applied for the purposes of the common agricul­                    ment Committee for Cereals,
tural policy (4), as last amended by Regulation (EEC)
 No 2543/73 (5), and in particular Article 3 thereof,
 Having regard to the opinion of the Monetary
Committee ,                                                           HAS ADOPTED THIS REGULATION :
Whereas on 8 May 1979 the Council of the European
Communities declared that by way of Community
action it proposed to grant Ethiopia 9 581 tonnes of                                           Article 1
barley under the 1978/79 food-aid programme ;
                                                                      1 . Tenders are hereby invited for the supply, by
Whereas an analysis of the state of the cereals market                way of Community food-aid action to Ethiopia, of
with reference to cereals intervention in Germany indi­               9 581 tonnes of barley.
cates that the criteria of Article 3 (2) of Council Regu­
lation (EEC) No 2750/75 should be applied and that
the intervention agency of the Member State as speci­                 2. The tendering procedure shall take place in the
fied should mobilize the cereals from those stocked in                Federal Republic of Germany in one lot.
its own stores and should also determine the condi­
tions of mobilization ;                                               3 . The produce shall be taken from the interven­
                                                                      tion agency of the Federal Republic of Germany from
Whereas tenders should be invited for the supply of                   the stores specified in the Annex.
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­               4.     Shipment shall be from a North Sea port.
 nated by the recipient or its agent ;
Whereas      the   contract should          be  awarded  to the       5 . The product referred to in paragraph 1 is to be
tenderer offering the best terms ;                                    delivered in bulk to the port of shipment in the
                                                                      vicinity of the vessel . The goods must be set down at
Whereas in case it should be impossible for reasons of                the place nominated by the recipient country or its
force majeure to complete the operation in question                   agent, the timing of delivery being settled by the
                                                                      tenderer and the recipient country's agent.
(')  OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
(2)  OJ   No L 188 , 26 . 7. 1979 , p. 1 .                            The successful tenderer shall supply in addition
  3) OJ   No L 281 , 1 . 11 . 1975, p. 89 .
(<)  OJ  No  106, 30. 10. 1962, p. 2553/62.                           1 20 960 empty new jute sacks of a capacity of 80 kilo­
(5)  OJ   No L 263, 19 . 9 . 1973 , p. 1 .                            grams, 70 needles and sufficient twine.
 ---pagebreak---  No L 203/28                        Official Journal of the European Communities                              11 . 8 . 79
Minimum weight of the sacks shall be 700 grams. The           quality and correspond at least to the standard quality
following shall be printed on the sacks :                     for which the intervention price is fixed, except that
                                                              the moisture content shall not exceed 1 4-5 % and
'Barley / Gift of the European Economic Community             that a maximum of 2 % of sprouted grains and 1 -5 %
to Ethiopia.'                                                 of miscellaneous impurities shall be allowed.
                         Article 2
                                                                                        Article 7
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken
on 24 August 1979 .                                            1 . The German intervention agency shall be repon­
                                                              sible for operations relating to the invitation to tender
2. The closing date for the receipt of tenders shall          provided for by this Regulation .
be 24 August 1979 at 12 noon .
                                                              2.      It shall forthwith communicate to the Commis­
3.     The   notice  of invitation   to tender shall    be    sion the list of firms which have responded to the invi­
published in the Official Journal of the European             tation to tender, specifying the terms of each tender,
Communities not less than nine days before the                together with the name and business name of the
closing date for submission of tenders.                       successful tenderer.
                         Article 3                            3.      On the other hand, if the successful tenderer is
                                                              established in a Member State other than the one
The contract shall be awarded to the tenderer who             collecting the tenders, and if the product is dispatched
makes the most favourable offer.                              through a frontier post of the Member State where the
                                                              successful tenderer is established, the German inter­
However, if the tenders submitted do not appear to            vention agency shall be responsible for the operations
reflect normal market prices and costs, the interven­         relating to the tendering.
tion agency may cancel the invitation to tender.
                                                              4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
                         Article 4                            tion :
If the tenderer is unable to deliver the goods in             (a) after each shipment a certificate showing the quan­
compliance with Article 1 (5) on the date given in the             tities dispatched and the quality of the products ;
notice of invitation to tender as a result of the late
availability of the vessels to be used for sea transporta­    (b) the date of departure of the vessels.
tion, the resulting costs shall be borne by the interven­     The information indicated above shall be forwarded
tion agency.                                                  by the intervention agency to the Commission imme­
                                                              diately upon receipt.
                         Article 5
1 . The successful tenderer shall give security of a                                    Article 8
value of 6 ECU per tonne of the product ; the security
is intended to guarantee that the operations specified
in Article 1 are duly completed . The security shall be       On delivery of the goods at the port of shipment, a
forfeited if those operations are not carried out within      handing-over certificate shall be supplied to the
the prescribed time limit, save as regards quantities         successful tenderer, acting as agent for the Commu­
not delivered owing to force majeure.                         nity, by the agent of the recipient country or, in the
                                                              absence of the latter, by the intervention agency of the
2. The security required under paragraph 1 may be             Member State in whose territory the port of shipment
                                                              is situated .
provided in the form of a cash deposit or of a
guarantee issued by a credit institution conforming to
criteria laid down by each Member State.
                                                                                        Article 9
                         Article 6
                                                              This Regulation shall enter into force on the day of its
The barley referred to in Article 1 to be supplied to         publication in the Official Journal of the European
Ethiopia must be of fair and sound merchantable               Communities.
 ---pagebreak--- 11 . 8 . 79                    Official Journal of the European Communities                      No L 203/29
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 10 August 1979 .
                                                                   For the Commission
                                                                    Finn GUNDELACH
                                                                       Vice-President
 ---pagebreak--- No L 203/ 30                             Official Journal of the European Communities                                             11 . 8 . 79
                      ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
    Numéro du lot      Port d'embarquement        Tonnage à mettre en fob            Nom et adresse du stockeur         Lieu de stockage
  Nummer des Loses      Verschiffungshafen      Nach fob zu bringende Menge      Name und Adresse des Lagerhalters    Ort der Lagerhaltung
 Numero della partita     Porto d'imbarco       Tonnellaggio da mettere in fob     Nome e indirizzo del detentore   Luogo di accantonamento
 Nummer van de partij   Haven van inlading      Fob aan te leveren hoeveelheid  Naam en adres van de entrepothouder Adres van de opslagplaats
   Partiets nummer       Indskibningshavn          Mængde til levering fob        Lagerindehaverens navn og adresse        Lagerplads
    Number of lot        Port of shipment                Tonnage fob                       Address of store          Town at which stored .
            1                                              9 581 t
                      Port de la
                      Mer du Nord                                     dont :
                      Nordseehafen                                  davon :
                      Porto del
                      Mare del Nord                                 di cui :
                      Noordzeehaven                               waarvan :
                      Nordsøhavn                                     deraf :
                      North Sea port                              whereof :
                                                          2 359 t              Baywa AG München                     Ochsenfurt
                                                                               Arabellastraße 4
                                                                               8000 München 81
                                                                               Lagernummer 672 051
                                                           1 469 t             G.F.L.                               Ochsenfurt
                                                                               Liebigstraße 6
                                                                               6000 Frankfurt am Main
                                                                               Lagernummer 654 261
                                                             504tt             Rhenus/Wtag AG                       Dortmund-Hafen
                                                                               Postfach 209
                                                                               4600 Dortmund
                                                                               Lagernummer 302 261
                                                             410tt             Heinrich Kraft GmbH                  Düsseldorf-Hafen
                                                                               Postfach 3929
                                                                               4000 Düsseldorf 1
                                                                               Lagernummer 302 190
                                                             135tt             Rhenus/Wtag AG                       Duisburg
                                                                               Postfach 210 164
                                                                               4100 Duisburg
                                                                               Lagernummer 302 210
                                                          4 704 t              L.W. Cretschmar                      Neuß
                                                                               GmbH + Co . KG
                                                                               Postfach w 9109
                                                                               4000 Düsseldorf 1
                                                                               Lagernummer 323 030
                                                          9 581tt