CELEX: 31979R2129
Language: en
Date: 1979-09-28 00:00:00
Title: Commission Regulation (EEC) No 2129/79 of 28 September 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Mauritania

No L 246/56                             Official Journal of the European Communities                            29 . 9 . 79
                                    COMMISSION REGULATION (EEC) No 2129/79
                                                     of 28 September 1979
               opening an invitation to tender for the mobilization of common wheat as food
                                         aid for the Islamic Republic of Mauritania
 THE COMMISSION OF THE EUROPEAN                                     whereas, should force majeure make it impossible to
 COMMUNITIES,                                                      complete the operation in question within the set
                                                                   time limits, it should be made clear who is to bear the
 Having regard to the Treaty establishing the European             liability for any resulting costs ;
 Economic Community,
 Having regard to Council Regulation (EEC) No                      Whereas provisions should be made for security to be
 2727/75 of 29 October 1975 on the common organiza­                given for the purpose of guaranteeing that the obliga­
 tion of the market in cereals ('), as last amended by             tions arising by virtue of participation in the invita­
 Regulation (EEC) No 1 547/79 (2),                                 tion to tender for supplies to the Islamic Republic of
                                                                   Mauritania will be fulfilled ;
 Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                  Whereas the German intervention agency should be
tions for the mobilization of cereals as food aid (3), and         made responsible for the tendering procedure in ques­
 in particular Article 6 thereof,                                  tion ;
 Having regard to Council Regulation No 129 on the                 Whereas the Commission must be informed quickly
value of the unit of account and the exchange rates to             of the tenders submitted in response to the invitation
be applied for the purposes of the common agricul­                 and of those accepted by the intervention agency ;
tural policy (4), as last amended by Regulation (EEC)
No 2543/73 (5), and in particular Article 3 thereof,               Whereas the measures provided for in this Regulation
Having regard to the opinion of the Monetary                       are in accordance with the opinion of the Manage­
Committee,                                                         ment Committee for Cereals,
                                               i
Whereas on 8 May 1979 the Council of the European
Communities declared that by way of Community
action it proposed to grant the Islamic Republic of                HAS ADOPTED THIS REGULATION :
Mauritania 7 000 tonnes of common wheat under its
 1978/79 food-aid programme ;
                                                                                           Article 1
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                    1 . Tenders are hereby invited for the supply to the
anywhere on the Community market ;                                 Islamic Republic of Maurtania, by way of Community
                                                                   food-aid action, of 7 000 tonnes of common wheat.
Whereas the proposed invitation to tender should be
for supply of the products placed on the quay at the
port of unloading ;                                                2. The tendering procedure shall take place in the
                                                                   Federal Republic of Germany in two lots. The product
Whereas tenders may be submitted by tenderers esta­                shall be mobilized on the Community market. The
blished in any Member State of the Community and                   product shall be loaded for the departure from any
may relate to products mobilized anywhere within                   Community port.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure              3. The invitation to tender provided for in para­
that the tenders are as comparable as possible, account            graph 1 is for supply of products delivered on the
should be taken of the effect on each tender of the                quay in one of the ports of unloading listed in the
currency situation in the Member State in which the                Annex .
customs export formalities will be completed ;
                                                                   4. The successful tenderer shall deliver the product
Whereas the award under the invitation to tender
                                                                   specified in paragraph 1 in new jute sacks of a net
must be made in favour of the tenderer offering the                capacity of 50 kilograms.
best terms ;
                                                                   The minimum weight of the sacks shall be 600 grams.
(1 ) OJ No L 281 , 1 . 11 . 1975, p. 1 .                           The following shall be printed on the sacks :
(2) OJ No L 188, 26. 7. 1979, p. 1 .
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                            ' Froment tendre / Don de la Communauté écono­
(4) Ol No 106, 30 . 10 . 1962, p. 2553/62.
(5) OJ No L 263, 19. 9. 1973, p. 1 .                               mique européenne à la Mauritanie'.
 ---pagebreak--- 29. 9. 79                         Official Journal of the European Communities                         No L 246/57
To allow for the possibility of re-bagging, the             However, if the tenders submitted do not appear to
successful tenderer shall supply 2 % of new empty           reflect normal market prices and costs, the interven­
sacks, of the same quality as those containing the          tion agency may cancel the invitation to tender.
goods but with the printing followed by a capital
letter *R\
                                                                                     Article 5
                        Article 2
                                                            1 . The tenderer shall give security in an amount of
 1 . The decision on tenders received in response to        6 ECU per tonne of goods.
the invitation provided for in Article 1 shall be taken     It shall be released :
on 12 October 1979 .
                                                            — in the case of all tenderers whose tenders are
2.     The closing date for submission of tenders shall          unsuccessful or are not accepted,
be 12 October 1979 at 12 noon .
                                                            — in the case of the successful tenderer, when the
3.     The notice of invitation to tender shall be               operations concerned have been carried out within
published in the Official Journal of the European                the prescribed time limit and on submission of
Communities not less than nine days before the                   the original export licence duly granted and
closing date for submission of tenders.                         endorsed by the competent authorities of the
                                                                Member State mentioned in the tender pursuant
                        Article 3                                to Article 3 (2),
1 . The prices offered must be expressed in the             — in the case of the successful tenderer for quantities
currency of the Member State in which the invitation             not supplied by reason of force majeure.
to tender was issued.
                                                            2. The security required under paragraph 1 may be
2. Tenders must in particular mention the Member            provided in the form of a cash deposit or of a
State in which the tenderer, in the event of his being      guarantee issued by a credit institution conforming to
declared successful, expects to complete the customs        criteria laid down by each Member State.
export formalities for the products concerned.
3. For the purpose of rendering the tenders compar­                                  Article 6
able, the prices shall, where appropriate, be corrected
                                                            The common wheat referred to in Article 1 to be
by the monetary compensatory amount applicable on
the closing date for submission of tenders to exports       supplied to the Islamic Republic of Mauritania must
from the Member State mentioned in the tender               be of fair and sound merchantable quality and corres­
pursuant to paragraph 2. Such correction shall be           pond at least to the standard quality for which the
made by :                                                   intervention price is fixed, except that the moisture
                                                            content shall not exceed 1 5-5 % and that a maximum
— increasing prices which mention a Member State            of 3 % of sprouted grains and 1-5 % of miscellaneous
    whose currency has depreciated,                         impurities shall be allowed.
— reducing prices which mention a Member State
    whose currency has been revalued.                                                Article 7
Such monetary compensatory amount shall, where
appropriate, be converted into the currency of the          1 . The German intervention agency shall be respon­
Member State in which the invitation to tender is           sible for operations relating to the invitation to tender
issued using :                                              provided for by this Regulation.
— in the case when the currencies concerned are             2.     It shall forthwith communicate to the Commis­
     kept at any given moment within a band of              sion the list of firms which have responded to the invi­
     2-25 % , a conversion rate resulting from their        tation to tender, specifying the terms of each tender,
     central rate,                                          together with the name and business name of the
— in other cases, the average of the spot rates of the      successful tenderer.
     currencies concerned recorded in the Member
     State in which the invitation to tender is issued      3. Where the customs export formalities for the
     during a period from the Wednesday of one week         mobilized product are completed in a Member State
     to the Tuesday of the following week being the         other than that in which the invitation to tender is
     period immediately preceding the closing date for      issued, the intervention agency of the latter Member
     submission of tenders.                                 State shall be responsible for the operations following
                                                            tendering, including payment to the successful
                        Article 4                           tenderer.
The contract shall be awarded to the tenderer offering      In such case, the intervention agency choosing the
the best terms, taking into consideration the adjust­       successful tenderer shall immediately inform the inter­
ment referred to in Article 3 (3).                          vention agency of the Member State concerned and
 ---pagebreak---  No L 246/ 58                      Official Journal of the European Communities                                29 . 9 . 79
 shall supply it with all the information which it may        5. When the intervention agency responsible for
 require.                                                     the operations relating to tendering is not the interven­
 Furthermore, the amount of the successful tender
                                                              tion agency which appoints the successful tenderer, it
                                                              shall send as soon as possible to the latter the informa­
 shall be paid after it has been converted using the          tion necessary for releasing the security.
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 8
 relating to the tendering are completed.
4. The intervention agency shall request the                  As regards this tender, the intervention agency is auth­
successful tenderer to supply the following informa­          orized to make an initial payment of 80 % of the
tion :                                                        value of the quantity given in the bill of lading, on
                                                              presentation of that document and subject to the
(a) after each shipment a certificate showing the quan­       taking of a security for an amount equal to the initial
     tities dispatched and the quality of the products ;      payment.
(b) the date of departure of the ships ;
(c) all possible contingencies which might occur
                                                                                            Article 9
     during transportation of the products.
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, 28 September 1979 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                              Vice-President
                                                       ANNEX
                 Number
                  of lot
                                     Port of unloading
                                                             L    Minimum rate of unloading        Tonnage cif
                    1      Nouadhibou                               Customs of the port              2 000
                    2      Nouakchott                                                                5 000
                                                                \