CELEX: 31979R2358
Language: en
Date: 1979-10-26 00:00:00
Title: Commission Regulation (EEC) No 2358/79 of 26 October 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the Democratic Republic of Sudan

No L 270/8                                  Official Journal of the European Communities                            27 . 10 . 79
                                       COMMISSION REGULATION ( EEC) No 2358 /79
                                                           of 26 October 1979
                opening an invitation to tender for the mobilization of common wheat as food
                                             aid for the Democratic Republic of Sudan
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
                                                                       made responsible for organizing the invitation to
 Having regard to Council Regulation No 129 on the                     tender ;
value of the unit of account and the exchange rates to
be applied for the purposes of the common agricul­                     Whereas the Commission must be informed quickly
 tural policy (4 ), as last amended by Regulation ( EEC)               of the tenders submitted in response to the invitation
 No 2543/ 73 (5), and in particular Article 3 thereof,                 and of those accepted by the intervention agency ;
 Having regard to the opinion of the Monetary                          Whereas the measures provided for in this Regulation
Committee ,
                                                                       are in accordance with the opinion of the Manage­
                                                                       ment Committee for Cereals,
Whereas on 30 January 1978 the Council of the Euro­
pean Communities declared that by way of Commu­
nity action it proposed to grant Sudan 1 000 tons of
common         wheat       under       its     1977/ 78   food-aid
                                                                       HAS ADOPTED THIS REGULATION :
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­                                            Article 1
tion ( EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                       1 . Tenders are hereby invited for the supply, by
Whereas tenders should be invited for the supply of                    way of Community food-aid action , to the Democratic
the product to the port of shipment in the vicinity of                 Republic of Sudan of I 000 tonnes of common wheat.
the vessel , the goods to be set down at the place nomi­
nated by the recipient or its agent ;                                  2 . The tendering procedure shall take place in the
                                                                       Kingdom of Belgium and shall be in respect of a
Whereas tenders may be submitted by tenderers esta­                    single lot.
blished in any Member State of the Community and
may relate to products mobilized anywhere within                       3.    The product shall be mobilized on the Commu­
those Member States ; whereas, in view of the currency                 nity market.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account                4.     Shipment shall be from Antwerp .
should be taken of the effect on each tender of the
currency situation in the Member State in which the                    5 . The product referred to in paragraph 1 is to be
customs export formalities will be completed ;                         delivered in new jute sacks of a net capacity of 50 kilo­
                                                                       grams to the port of shipment in the vicinity of the
(')  OJ No  L 281 , 1 . 1 1 . 1975 , p . 1 .                           vessel . The goods must be set down at the place nomi­
(2)  OJ No   L 188 , 26 . 7 . 1979 , p . 1 .                           nated by the recipient country or its agent, the timing
(3 ) OJ No  L 281 , I. 1 1 . 1975, p . 89 .
(4)  OJ No   106, 30 . 10 . 1962, p . 2553 / 62.                       of delivery being settled by the tenderer and the recip­
(5)  OJ No  L 263 , 19 . 9 . 1973 , p . 1 .                            ient country's agent.
 ---pagebreak--- 27. 10 . 79                          Official Journal of the European Communities                            No L 270/9
Minimum weight of the sacks shall be 600 grams. The                  State in which the invitation to tender is issued
following shall be printed on the sacks :                            during a period from the Wednesday of one week
                                                                     to the Tuesday of the following week being the
'Wheat / Gift of the the European Economic Commu­                    period immediately preceding the closing date for
nity to Sudan'.                                                      submission of tenders .
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                                       Article 4
sacks, of the same quality as those containing the
goods but with the printing followed by a capital              The contract shall be awarded to the tenderer offering
letter ' R'.                                                    the best terms, taking into consideration the adjust­
                                                                ment referred to in Article 3 (3).
                          Article 2                             However, if the tenders submitted do not appear to
                                                                reflect normal market prices and costs, the interven­
 1 . The decision on tenders received in response to            tion agency may cancel the invitation to tender.
 the invitation provided for in Article 1 shall be taken
 on 9 November 1979 .
                                                                                         Article 5
 2.    The closing date for submission of tenders shall
 be 9 November 1979 at 12 noon .                                If the tenderer is unable to deliver the goods in
                                                                compliance with Article 1 (3) on the date given in the
 3.    The   notice    of invitation  to  tender shall  be      notice of invitation to tender as a result of the late
 published in the Official Journal of the European              availability of the vessels to be used for sea transporta­
 Communities not less than nine days before the                 tion, the resulting costs shall be borne by the interven­
 closing date for submission of tenders.                        tion agency.
                          Article 3                                                      Article 6
 1 . The prices offered must be expressed in the                 1 . The tenderer shall give security in an amount of
 currency of the Member State in which the invitation           6 ECU per tonne of goods.
 to tender was issued .
                                                                 It shall be released :
 2. Tenders must in particular mention the Member               — in the case of all tenderers whose tenders are
 State in which the tenderer, in the event of his being
 declared successful, expects to complete the customs                 unsuccessful or are not accepted,
 export formalities for the products concerned .                — in the case of the successful tenderer, when the
                                                                      operations concerned have been carried out within
 3 . For the purpose of rendering the tenders compar­                 the prescribed time limit and on submission of
 able, the prices shall be corrected by the monetary                  the original export licence duly granted and
 compensatory amount applicable on the closing date                   endorsed by the competent authorities of the
 for submission of tenders to exports from the Member                 Member State mentioned in the tender pursuant
 State mentioned in the tender pursuant to paragraph                  to Article 3 (2),
  2. Such correction shall be made by :                          — in the case of the successful tenderer, for quanti­
 — increasing prices which mention a Member State                     ties not supplied by reason of force majeure.
      whose currency has depreciated,
                                                                 2. The security required under paragraph 1 may be
 — reducing prices which mention a Member State                  provided in the form of a cash deposit or of a
      whose currency has been revalued .                         guarantee issued by a credit institution conforming to
                                                                 criteria laid down by each Member State.
 The monetary compensatory amount shall, where
  appropriate, be converted into the currency of the
  Member State in which the invitation to tender is                                      Article 7
  issued using :
                                                                 The common wheat referred to in Article 1 must be
  — in the case when the currencies concerned are
                                                                 of fair and sound merchantable quality and corres­
      kept at any given moment within a band of                  pond at least to the standard quality for which the
      2-25 % , a conversion rate resulting from their            intervention price is fixed, except that the moisture
      central rate,                                              content shall not exceed 1 5-5 % and that a maximum
  — in other cases, the average of the spot rates of the         of 3 % of sprouted grains and 1-5 % of miscellaneous
      currencies    concerned   recorded   in  the Member        impurities shall be allowed .
 ---pagebreak--- No L 270 / 10                       Official Journal of the European Communities                             27 . 10 . 79
                         Article 8                            (a) after shipment a certificate showing the quantities
                                                                  dispatched and the quality of the products ;
1 . The Belgian intervention agency shall be respon­
sible for operations relating to the invitations to           (b) the date of departure of the ships ;
tender provided for by this Regulation .                      (c) all possible contingencies which might occur
2.     It shall forthwith communicate to the Commis­              during transportation of the products.
sion the list of firms which have responded to the invi­      The information indicated above shall be forwarded
tation to tender, specifying the terms of each tender,
                                                              by the intervention agency to the Commission imme­
together with the name and business name of the
successful tenderer.                                          diately upon receipt.
3 . Where the customs export formalities for the              5 . When the intervention agency responsible for
mobilized product are completed in a Member State             the operations relating to tendering is not the interven­
other than that in which the invitation to tender is          tion agency which appoints the successful tenderer, it
issued, the intervention agency of the latter Member          shall send as soon as possible to the latter the informa­
State shall be responsible for the operations following       tion necessary for releasing the security.
tendering, including payment to the successful
tenderer.
                                                                                      Article 9
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­       On delivery of the goods at the port of shipment a
vention agency of the Member State concerned and              handing-over certificate shall be supplied to the
shall supply it with all the information which it may         successful tenderer, acting as agent for the Commu­
require .                                                     nity, by the agent of the recipient country, or, in the
Furthermore , the amount of the successful tender             absence of the latter, by the intervention agency of the
shall be paid after it has been converted using the           Member State in whose territory the port of shipment
                                                              is situated .
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                  Article 10
relating to the tendering are completed.
4.     The intervention agency shall request the              This Regulation shall enter into force on the day of its
successful tenderer to supply the following informa­           publication in the Official Journal of the European
tion :                                                         Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels , 26 October 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President