CELEX: 31979R1091
Language: en
Date: 1979-06-01 00:00:00
Title: Commission Regulation (EEC) No 1091/79 of 1 June 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the World Food Programme

No L 136/ 8                              Official Journal of the European Communities                              2 . 6 . 79
                                   COMMISSION REGULATION ( EEC) No 1091 /78
                                                         of 1 June 1979
               opening an invitation to tender for the mobilization of common wheat as food
                                             aid for the World Food Programme
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 1 254/ 78 (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
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 Council Regulation (EEC) No 652/79 of 29
 Having regard to the opinion of the Monetary                      March 1 979 (6) laid down the coefficient for
Committee ,                                                        expressing amounts, fixed in units of account, in
                                                                   ECU ;
Whereas on 30 January 1978 the Council of the Euro­
pean Communities declared that by way of Commu­
nity action it proposed to grant the World Food                    Whereas the measures provided for in this Regulation
Programme 6 000 tonnes of common wheat under its                   are in accordance with the opinion of the Manage­
 1977/78 food-aid programme ;                                      ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of
the vessel , the goods to be set down at the place nomi­                                     Article 1
nated by the recipient or its agent ;
Whereas tenders may be submitted by tenderers esta­                 1 . Tenders are hereby invited for the supply, by
blished in any Member State of the Community and                   way of Community food-aid action , to the World
may relate to products mobilized anywhere within                    Food Programme of 6 000 tonnes of common wheat.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account             2 . The tendering procedure shall take place in
should be taken of the effect on each tender of the                 France in one lot . The product shall be mobilized on
                                                                    the Community market. The product shall be loaded
currency situation in the Member State in which the
                                                                    for the departure from any Community port.
customs export formalities will be completed ;
Whereas the award under the invitation to tender                    3.    The product referred to in paragraph 1 is to be
 must be made in favour of the tenderer offering the                delivered in bulk to the port of shipment in the
best terms ;                                                        vicinity of the vessel . The goods must be set down at
                                                                    the place nominated by the recipient country or its
(') OJ No L 281 , 1 . II . 1975 , p . I.                            agent, the timing of delivery being settled by the
\2) OJ No L 156, 14. 6. 1978, p. 1 .                                tenderer and the recipient body's agent .
(3 ) OJ No L 281 , 1 . II . 1975, p . 89 .
C ) OJ No 106, 30 . 10 . 1962, p. 2553/ 62 .
(5 ) OJ No L 263, 19 . 9 . 1973, p. 1 .                            (o) OJ No L 84, 4. 4 . 1979, p . I.
 ---pagebreak--- 2 . 6 . 79                          Official Journal of the European Communities                           No L 136/ 9
                         A rticle 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 14 June 1979 .                                             tion agency.
2. The closing date for submission of tenders shall                                     Article 6
be 14 June 1979 at 12 noon .
3.      The   notice of invitation   to  tender shall  be      1.    The tenderer shall give security in an amount of
                                                              6 ECU per tonne of goods.
published in the Official Journal of the European
Communities not less than nine days before the                It shall be released :
closing date for submission of tenders.                       — in      the case of all tenderers whose tenders are
                         Article 3                                 unsuccessful or are not accepted,
                                                              — in the case of the successful tenderer, when the
 1 . The prices offered must be expressed in the                   operations concerned have been carried out within
currency of the Member State in which the invitation               the prescribed time limit and on submission of
to tender was issued .
                                                                   the original export licence duly granted and
2. Tenders must in particular mention the Member                   endorsed by the competent authorities of the
State in which the tenderer, in the event of his being             Member State mentioned in the tender pursuant
declared successful , expects to complete the customs              to Article 3 (2),
export formalities for the products concerned .               — in the case of the successful tenderer, for quanti­
                                                                   ties not supplied by reason of force majeure.
3.      For the purpose of rendering the tenders compar­
able, the prices shall be corrected by the monetary           2. The security required under paragraph 1 may be
compensatory amount applicable on the closing date            provided in the form of a cash deposit or of a
for submission of tenders to exports from the Member          guarantee issued by a credit institution conforming to
State mentioned in the tender pursuant to paragraph           criteria laid down by each Member State .
2. Such correction shall be made by :
— increasing prices which mention a Member State                                        Article 7
     whose currency has depreciated,
                                                              The common wheat referred to in Article 1 must be
— reducing prices which mention a Member State
     whose currency has been revalued .                       of fair and sound merchantable quality and corres­
                                                              pond at least to the standard quality for which the
The monetary compensatory amount shall , where                intervention price is fixed, except that the moisture
appropriate, be converted into the currency of the            content shall not exceed 15-5 % and that a maximum
Member State in which the invitation to tender is             of 3 % of sprouted grains and 1-5 % of miscellaneous
issued using :                                                impurities shall be allowed .
— in the case when the currencies concerned are
     kept at any given moment within a band of                                          A rticle 8
     2-25 % , a conversion rate resulting from their
     central rate,                                             1 . The French intervention agency shall be respon­
— in other cases, the average of the spot rates of the        sible for organizing the invitation to tender provided
     currencies concerned recorded in the Member              for by this Regulation .
     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 ten­
reflect normal market prices and costs, the interven­         derer .
tion agency may cancel the invitation to tender.
                                                              In such gase, 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 136/ 10                      Official Journal of the European Communities                                 2 . 6 . 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 ship ;                      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, 1 June 1979 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President