CELEX: 31979R0555
Language: en
Date: 1979-03-23 00:00:00
Title: Commission Regulation (EEC) No 555/79 of 23 March 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the World Food Programme

No L 73/8                                Official Journal of the European Communities                             24 . 3 . 79
                                    COMMISSION REGULATION (EEC) No 555 /79
                                                        of 23 March 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    the  contract  should   be  awarded     to   the
COMMUNITIES,                                                       tenderer who makes the best offer ;
Having regard to the Treaty establishing the European
Economic Community,                                                Whereas it must be made clear who is to bear any
                                                                   costs which arise in the event that for reasons of force
                                                                    majeure the operation in question is not completed
Hving regard to Council Regulation (EEC) No                        within the time stipulated ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (!), as last amended by
Regulation (EEC) No 1 254/78 (2),                                  Whereas provision should be made for security to be
                                                                   given to guarantee fulfilment of the obligations arising
Having regard to Council Regulation (EEC) No                       by virtue of participation in the invitation to tender ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,
                                                                   Whereas the French intervention agency should be
                                                                    made responsible for the tendering procedure in ques­
                                                                   tion ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to
be applied for the purposes of the common agricul­                 Whereas it is important that the Commission be
tural policy (4), as last amended by Regulation (EEC)               informed without delay of the tenders submitted in
No 2543/73 (5), and in particular Article 3 thereof,                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
Whereas on 30 January 1978 the Council of the Euro­                are in accordance with the opinion of the Manage­
                                                                    ment Committee for Cereals,
pean Communities declared that by way of Commu­
nity action it proposed to grant the World Food
Programme 1 000 tonnes of common wheat 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
the vessel, the goods to be set down at the place nomi­             1.    Tenders are hereby invited for the supply, by
nated by the recipient or its agent ;                              way of Community food-aid action to the World Food
                                                                   Programme, of 1 000 tonnes of common wheat.
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
may relate to products mobilized anywhere within                   2.     The tendering procedure shall take place in
those Member States ; whereas, in view of the currency              France in one lot. The product shall be mobilized on
situation in the Member States and in order to ensure              the Community market. The product shall be loaded
that the tenders are as comparable as possible, account            for departure from any Community port.
should be taken of the effect on each tender of the
currency situation in the Member State in which the                3. 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 . 11 . 1975, p. 1 .                           vessel. The goods must be set down at the place nomi­
(2) OJ  No L 156, 14. 6. 1978 , p. 1 .
(3) OJ  No L 281 , 1 . 11 . 1975, p. 89 .                           nated by the recipient country or its agent, the timing
(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--- 24. 3 . 79                         Official Journal of the European Communities                             No L 73 / 9
Minimum weight of sacks shall be 600 grams.                       to the Tuesday of the following week being the
                                                                  period immediately preceding the closing date for
The following shall be printed on the sacks :                     submission of tenders .
'Nepal 2233 / Wheat / Calcutta / Gift of the Euro­
pean Economic Community / Action of the World                                          Article 4
Food Programme'.
                                                             The contract shall be awarded to the tenderer offering
To allow for the possibility of re-bagging, the               the best terms, taking into consideration the adjust­
successful tenderer shall supply 2 % of new empty             ment referred to in Article 3 (3).
sacks, of the same quality as those containing the
goods but with the printing following by a capital            However, if the tenders submitted do not appear to
letter ' R\                                                   reflect normal market prices and costs, the interven­
                                                              tion agency may cancel the invitation to tender.
                       Article 2
                                                                                       Article 5
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken       If the tenderer is unable to deliver the goods in
on 6 April 1979 .                                             compliance with Article 1 (3) on the date given in the
                                                              notice of invitation to tender as a result of the late
2. The closing date for submission of tenders shall           availability of the vessels to be used for sea transporta­
be 6 April 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
                                                              five units of account 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
                                                              guarantee issued by a credit institution conforming to
— increasing prices which mention a Member State
                                                              criteria laid down by each Member State .
     whose currency has depreciated,
— 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 15-5 % and that a maximum
— in the case when the currencies concerned are               of 3 % of sprouted grains and 1 -5 % 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 the 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 .
 ---pagebreak--- No L 73 / 10                       Official Journal of the European Communities                                24. 3 . 79
2.     It shall forthwith communicate to the Commis­           (b) the date of departure of the ship ;
sion the list of firms which have responded to the invi­       (c) all possible contingencies which might occur
tation to tender, specifying the terms of each tender,             during transportation of the products.
together with the name and business name of the
successful tenderer.                                           The information indicated above shall be forwarded
3 . Where the customs export formalities for the               by the intervention agency to the Commission imme­
mobilized product are completed in a Member State              diately upon receipt.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member           5. When the intervention agency responsible for
State shall be responsible for the operations following        the operations relating to tendering is not the interven­
tendering, including payment to the successful                 tion agency which appoints the successful tenderer, it
tenderer.                                                      shall send as soon as possible to the latter the informa­
                                                               tion necessary for releasing the security.
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and                                       Article 9
shall supply it with all the information which it may
require .                                                      On delivery of the goods at the port of shipment, a
                                                               handing-over certificate shall be supplied to the
Furthermore, the amount of the successful tender               successful tenderer, acting as agent for the Commu­
shall be paid after it has been converted using the            nity, by the agent of the recipient country, or, in the
average of the spot rates referred to in the second            absence of the latter, by the intervention agency of the
subparagraph of Article 3 (3) to the tenderer in the           Member State in whose territory the port of shipment
currency of the Member State in which the operations           is situated .
relating to the tendering are completed.
4. The intervention agency shall request the                                           Article 10
successful tenderer to supply the following informa­
tion :
                                                               This Regulation shall enter into force on the day of its
(a) after shipment a certificate showing the quantities         publication in the Official Journal of the European
     dispatched and the quality of the products ;               Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 23 March 1979 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President