CELEX: 31979R0475
Language: en
Date: 1979-03-09 00:00:00
Title: Commission Regulation (EEC) No 475/79 of 9 March 1979 opening an invitation to tender for the mobilization of durum wheat as food aid for the Republic of Peru

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No L 59 / 16                              Official Journal of the European Communities                            10 . 3 . 79
                                     COMMISSION REGULATION (EEC) No 475/79
                                                          of 9 March 1979
              opening an invitation to tender for the mobilization of durum wheat as food aid
                                                     for the Republic of Peru
THE COMMISSION OF THE EUROPEAN                                      should be taken of the effect on each tender of the
COMMUNITIES,                                                        currency situation in the Member State in which the
                                                                    customs export formalities will be completed ;
Having regard to the Treaty establishing the European
Economic Community,                                                 Whereas     the  contract  should  be awarded     to   the
                                                                    tenderer offering the best terms ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                  Whereas in case it should be impossible for reasons of
tion of the market in cereals ('), as last amended by               force majeure to complete the operation in question
Regulation (EEC) No 1 254/78 (2),                                   within the set time limits, it must be made clear who
                                                                    is to bear any costs resulting therefrom ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                   Whereas provision should be made for security to be
tions for the mobilization of cereals as food aid (3), and          given to guarantee fulfilment of the obligations arising
in particular Article 6 thereof,                                    by virtue of participation in the invitation to tender ;
Having regard to Council Regulation No 129 on the                   Whereas the Italian intervention agency should be
value of the unit of account and the exchange rates to              made responsible for the tendering procedure ;
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 Commission must be informed quickly
                                                                    of the tenders submitted in response to the invitation
                                                                    and of those accepted by the intervention agency ;
Having regard to the opinion of the Monetary
Committee ,
                                                                    Whereas the measures provided for in this Regulation
                                                                    are in accordance with the opinion of the Manage­
Whereas on 30 January 1978 the Council of the Euro­                  ment Committee for Cereals,
pean Communities declared that it proposed, by way
of Community action , to grant 7 500 tonnes of durum
wheat to the Republic of Peru under its 1977/78 food­
aid programme ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas pursuant to Article 3 (3) of Council Regula­
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               1 . Tenders are hereby invited for the supply, by
the vessel, the goods t-o be set down at the place nomi­            way of Community food-aid action to the Republic of
nated by the recipient or its agent ;                                Peru , of 7 500 tonnes of durum wheat .
Whereas tenders may be submitted by tenderers esta­                  2. The tendering procedure shall take place in Italy
blished in any Member State of the Community and                     in one lot. The product shall be mobilized on the
may relate to products mobilized anywhere within                     Community market. The product shall be loaded for
those Member States ; whereas, in view of the currency               departure from any Community port.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account              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 156, 14. 6 . 1978 , p. 1 .                              the place nominated by the recipient country or its
h) OJ No L 281 , 1 . 1 1 . 1975, p. 89.
(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--- 10 . 3 . 79                       Official Journal of the European Communities                           No L 59 / 17
                        Article 2                           notice of invitation to tender as a result of the late
1 . The decision on tenders received in response to         availability of the vessels to be used for sea transporta­
the invitation provided for in Article 1 shall be taken     tion , the resulting costs shall be borne by the interven­
on 23 March 1979 .                                          tion agency.
2.     The closing date for submission of tenders shall
be 23 March 1979 at 12 noon .                                                         Article 6
3.     The   notice of invitation to tender shall be         1 . The tenderer shall give security of a value of five
published in the Official Journal of the European           units of account per tonne of goods.
Communities not less than nine days before the
closing date for submission of tenders.                      It shall be released :
                                                            — in the case of all tenderers whose tenders are
                        Article 3
                                                                 unsuccessful or are not accepted,
1 . The prices offered must be expressed in the             — in the case of the successful tenderer, when the
currency of the Member State in which the invitation             operations concerned have been carried out within
to tender was issued .
                                                                 the prescribed time limit and on submission of
2. Tenders must in particular mention the Member                 the original export licence duly granted and
State in which the tenderer, in the event of his being           endorsed by the competent authorities of the
declared successful, expects to complete the customs             Member State mentioned in the tender pursuant
export formalities for the products concerned.                   to Article 3 (2),
3 . For the purpose of rendering the tenders compar­         — in the case of the successful tenderer for quantities
able, the prices shall be corrected by the monetary              not supplied by reason of force majeure.
compensatory amount applicable on the closing date           2. The security required under paragraph 1 may be
for submission of tenders to exports from the Member         provided in the form of a cash deposit or of a
State mentioned in the tender pursuant to paragraph         guarantee issued by a credit institution conforming to
2. Such correction shall be made by :                        criteria laid down by each Member State .
— increasing prices which mention a Member State
     whose currency has depreciated,
                                                                                      Article 7
— reducing prices which mention a Member State
     whose currency has been revalued.
                                                             The product referred to in Article 1 must be of fair
The monetary compensatory amount shall, where                and sound merchantable quality, be free from odour,
appropriate, be converted into the currency of the           and correspond at least to the standard quality for
Member State in which the invitation to tender is            which the intervention price is fixed .
issued using :
— in the case when the currencies concerned are                                       Article 8
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their         1 . The Italian intervention agency shall be respon­
     central rate,                                           sible for the operations relating to the invitation to
— in the other cases, the average of the spot rates of       tender provided for by this Regulation .
     the currencies concerned recorded in the Member
     State in which the invitation to tender is issued       2.     It shall forthwith communicate to the Commis­
     during a period from the Wednesday of one week          sion the list of firms which have responded to the invi­
     to the Tuesday of the following week being the          tation to tender, specifying the terms of each tender,
     period immediately preceding the closing date for       together with the name and business name of the
     submission of tenders .                                 successful tenderer.
                        Article 4                            3 . Where the customs export formalities for the
                                                             mobilized product are completed in a Member State
The contract shall be awarded to the tenderer offering       other than that in which the invitation to tender is
the best terms, taking into consideration the adjust­        issued, the intervention agency of the latter Member
ment referred to in Article 3 (3).                           State shall be responsible for the operations following
However, if the tenders submitted do not appear to           tendering, including payment to the successful
                                                             tenderer.
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.
                                                             In this case, the intervention agency choosing the
                        Article 5                            successful tenderer shall immediately inform the inter­
                                                             vention agency of the Member State concerned and
 If the tenderer is unable to deliver the goods in           shall supply it with all the information which it may
compliance with Article 1 (3) on the date given in the       require.
 ---pagebreak--- No L 59 / 18                       Official Journal of the European Communities                              10 . 3 . 79
Furthermore, the amount of the successful tender             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                  A rticle 9
relating to the tendering are completed .
4. The intervention agency shall request the                 On delivery of the goods at the pert of shipment, a
successful tenderer to supply the following informa­          handing-over certificate shall be supplied to the
tion :                                                       successful tenderer, acting as agent for the Commu­
                                                              nity, by the agent of the recipient country, or, in the
(a) after each shipment a certificate showing the quan­       absence of the latter, by the intervention agency of the
    tities dispatched and the quality of the products ;       Member State in whose territory the port of shipment
(b) the date of departure of the vessels .                    is situated .
The information indicated above shall be forwarded
by the intervention agency to the Commission imme­                                    Article 10
diately upon receipt.
                                                             This Regulation shall enter into force on the day of its
5.     When the intervention agency responsible for           publication in the Official Journal of the European
the operations relating to tendering is not the interven­     Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 9 March 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President