CELEX: 31979R2020
Language: en
Date: 1979-09-14
Title: Commission Regulation (EEC) No 2020/79 of 14 September 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Benin

15 . 9 . 79                            Official Journal of the European Communities                       No L 233 / 19
                                  COMMISSION REGULATION ( EEC) No 2020/79
                                                    of 14 September 1979
              opening an invitation to tender for the mobilization of common wheat as food
                                                aid for the Republic of Benin
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
                                                                  Whereas the French intervention agency should be
2750/75 of 29 October 1975 laying down the condi­
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
                                                                  ment Committee for Cereals,
Committee,
Whereas on 8 May 1979 the Council of the European
Communities declared that by way of Community
action it proposed to grant Benin 2 500 tonnes of                 HAS ADOPTED THIS REGULATION :
common       wheat      under     its     1978 / 79  food-aid
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 Benin, of 2 500
                                                                  tonnes of common wheat.
the product to the port of shipment in the vicinity of
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
                                                                  France in one lot. The product shall be mobilized on
Whereas tenders may be submitted by tenderers esta­               the Community market. The product shall be loaded
blished in any Member State of the Community and                  for the departure from any Community port having
may relate to products mobilized anywhere within                  regular services with Benin .
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 fomalities 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 .
(2) 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 28 September 1979 .
 ---pagebreak--- No L 233 / 20                     Official Journal of the European Communities                               15 . 9 . 79
2. The closing date for submission of tenders shall         availability of the vessels to be used for sea transporta­
be 28 September 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
                                                            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 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
                                                            2.      It shall forthwith communicate to the Commis­
    period immediately preceding the closing date for
    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---  15 . 9 . 79                       Official Journal of the European Communities                           No L 233/ 21
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, 14 September 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President