CELEX: 31979R1782
Language: en
Date: 1979-08-10 00:00:00
Title: Commission Regulation (EEC) No 1782/79 of 10 August 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Lebanon

No L 203/38                              Official Journal of the European Communities                             11 . 8 . 79
                                     COMMISSION REGULATION ( EEC) No 1782/79
                                                        of 10 August 1979
                opening an invitation to tender for the mobilization of common wheat as food
                                                aid for the Republic of Lebanon
 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 will be fulfilled ;
 Having regard to Council Regulation (EEC) No
 2750/75 of 29 October 1975 laying down the condi­                  Whereas the French intervention agency should be
 tions for the mobilization of cereals as food aid (3), and         made responsible for the tendering procedure in ques­
                                                                    tion ;
 in particular Article 6 thereof,
 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,
 Whereas on 8 May 1979 the Council of the European
 Communities declared that by way of Community
 action it proposed to grant Lebanon 7 800 tonnes of
 common        wheat      under      its    1978 / 79  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 Lebanon of
 the product to the port of shipment in the vicinity of             7 800 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
Whereas tenders may be submitted by tenderers esta­                 France in one lot. The product shall be mobilized on
blished in any Member State of the Community and                    the Community market. The product shall be loaded
 may relate to products mobilized anywhere within                   for the departure from any Community port.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure               3. The product referred to in paragraph 1 is to be
that the tenders are as comparable as possible, account             delivered in bulk to the port of shipment in the
should be taken of the effect on each tender of the                 vicinity of the vessel . The goods must be set down at
currency situation in the Member State in which the                 the place nominated by the recipient country or its
customs export formalities will be completed ;                      agent, the timing of delivery being settled by the
Whereas the award under the invitation to tender                    tenderer and the recipient body's agent.
must be made in favour of the tenderer offering the
best terms :
                                                                                             Article 2
(■)  OJ No  L 281 , 1 . 11 . 1975, p. 1 .
(^)  OJ No  L 188, 26. 7. 1979, p. 1 .                              1 . The decision on tenders received in response to
(3 ) OJ No  L 281 , 1 . 11 . 1975, p. 89 .
(4)  OJ No  106, 30 . 10 . 1962, p. 2553/62.                        the invitation provided for in Article 1 shall be taken
(5)  OJ No  L 263, 19 . 9. 1973, p. 1 .                             on 24 August 1979.
 ---pagebreak---  11 . 8 . 79                        Official Journal of the European Communities                          No L 203/ 39
2. The closing date for submission of tenders shall           availability of the vessels to be used for sea transporta­
be 24 August 1979 at 12 noon .                                tion , the resulting costs shall be borne by the interven­
                                                              tion agency.
3.      The   notice of  invitation to   tender  shall be
published in the Official Journal of the European
                                                                                        Article 6
Communities not less than nine days before the
closing date for submission of tenders.                        1 . The tenderer shall give security in an amount of
                                                              6 ECU per tonne of goods.
                         Article 3
                                                              It shall be released :
 1 . The prices offered must be expressed in the              — in the case of all tenderers whose tenders are
currency of the Member State in which the invitation               unsuccessful or are not accepted,
to tender was issued .
                                                              — in the case of the successful tenderer, when the
2. Tenders must in particular mention the Member                   operations concerned have been carried out within
State in which the tenderer, in the event of his being             the prescribed time limit and on submission of
declared successful, expects to complete the customs               the original export licence duly granted and
export formalities for the products concerned .                    endorsed by the competent authorities of the
                                                                   Member State mentioned in the tender pursuant
3 . For the purpose of rendering the tenders compar­               to Article 3 (2),
able, the prices shall be corrected by the monetary           — in the case of the successful tenderer, for quanti­
compensatory amount applicable on the closing date                 ties not supplied by reason of force majeure.
for submission of tenders to exports from the Member
State mentioned in the tender pursuant to paragraph           2. The security required under paragraph 1 may be
2. Such correction shall be made by :                         provided in the form of a cash deposit or of a
— increasing prices which mention a Member State              guarantee issued by a credit institution conforming to
      whose currency has depreciated,                         criteria laid down by each Member State.
— reducing prices which mention a Member State
                                                                                        Article 7
      whose currency has been revalued .
                                                              The common wheat referred to in Article 1 must be
The monetary compensatory amount shall, where
appropriate, be converted into the currency of the            of fair and sound merchantable quality and corres­
Member State in which the invitation to tender is             pond at least to the standard quality for which the
issued using :                                                intervention price is fixed, except that the moisture
                                                              content shall not exceed 1 5-5 % and that a maximum
— in the case when the currencies concerned are               of 3 % of sprouted grains and 15 % of miscellaneous
      kept at any given moment within a band of               impurities shall be allowed .
      2-25 % , a conversion rate resulting from their
      central rate,
                                                                                        Article 8
— in other cases, the average of the spot rates of the
      currencies concerned recorded in the Member              1 . The French intervention agency shall be respon­
      State in which the invitation to tender is issued       sible for organizing the invitation to tender provided
      during a period from the Wednesday of one week          for by this Regulation .
      to the Tuesday of the following week being the
      period immediately preceding the closing date for       2.     It shall forthwith communicate to the Commis­
      submission of tenders .                                 sion the list of firms which have responded to the invi­
                                                              tation to tender, specifying the terms of each tender,
                                                              together with the name and business name of the
                         Article 4                            successful tenderer.
The contract shall be awarded to the tenderer offering        3 . Where the customs export formalities for the
the best terms, taking into consideration the adjust­         mobilized product are completed in a Member State
ment referred to in Article 3 (3).                            other than that in which the invitation to tender is
                                                              issued, the intervention agency of the latter Member
However, if the tenders submitted do not appear to
                                                              State shall be responsible for the operations following
reflect normal market prices and costs, the interven­
                                                              tendering, including payment to the successful
tion agency may cancel the invitation to tender.              tenderer .
                         Article 5                            In such case, the intervention agency choosing the
                                                              successful tenderer shall immediately inform the inter­
If the tenderer is unable to deliver the goods in             vention agency of the Member State concerned and
compliance with Article 1 (3) on the date given in the        shall supply it with all the information which it may
notice of invitation to tender as a result of the late        require .
 ---pagebreak--- No L 203 /40                      Official Journal of the European Communities                               11 . 8 . 79
Furthermore, the amount of the successful tender             5. When the intervention agency responsible for
shall be paid after it has been converted using the          the operations relating to tendering is not the interven­
average of the spot rates referred to in the second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (3) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security.
relating to the tendering are completed .
                                                                                     Article 9
4. The intervention agency shall request the                 On delivery of the goods at the port 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
(a) after shipment a certificate showing the quantities      nity, by the agent of the recipient country, or, in the
    dispatched and the quality of the products ;             absence of the latter, by the intervention agency of the
(b) the date of departure of the ships ;                     Member State in whose territory the port of shipment
                                                             is situated .
(c) all possible contingencies which might occur
    during transportation of the products.                                           Article 10
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, 10 August 1979 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President