CELEX: 31979R1976
Language: en
Date: 1979-09-07 00:00:00
Title: Commission Regulation (EEC) No 1976/79 of 7 September 1979 opening an invitation to tender for the mobilization of common wheat as food aid for Nicaragua

No L 228 / 14                            Official Journal of the European Communities                              8 . 9 . 79
                                    COMMISSION REGULATION (EEC) No 1976/79
                                                      of 7 September 1979
              opening an invitation to tender for the mobilization of common wheat as food
                                                       aid for Nicaragua
THE COMMISSION OF THE EUROPEAN                                     currency situation in the Member State in which the
COMMUNITIES,                                                       customs export formalities will be completed ;
Having regard to the Treaty establishing the European              Whereas the award under the invitation to tender
Economic Community,                                                must be made in favour of the tenderer offering the
                                                                   best terms ;
Having regard to Council Regulation ( EEC) No
2727/75 of 29 October 1975 on the common organiza­                 Whereas, should force majeure make it impossible to
tion of the market in cereals ('), as last amended by              complete the operation in question within the set
Regulation ( EEC) No 1547/79 (2),                                  time limits, it should be made clear who is to bear the
                                                                   liability for any resulting costs ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                  Whereas provisions should be made for security to be
tions for the mobilization of cereals as food aid (3 ), and        given for the purpose of guaranteeing that the obliga­
in particular Article 6 thereof,                                   tions arising by virtue of participation in the invita­
                                                                   tion to tender will be fulfilled ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to             Whereas the French intervention agency should be
be applied for the purposes of the common agricul­                  made responsible for the tendering procedure in ques­
tural policy (4), as last amended by Regulation (EEC)              tion ;
No 2543/73 (5), and in particular Article 3 thereof,
                                                                   Whereas the Commission must be informed quickly
Having regard to the opinion of the Monetary                       of the tenders submitted in response to the invitation
Committee,                                                         and of those accepted by the intervention agency ;
Whereas on 8 May 1979 the Council of the European                  Whereas the measures provided for in this Regulation
Communities declared that by way of Community                      are in accordance with the opinion of the Manage­
action it proposed to grant Nicaragua 900 tonnes of                 ment Committee for Cereals,
common        wheat       under      its   1978 / 79  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 the proposed invitation to tender should be
for supply of the products placed on the quay at the                1 . Tenders are hereby invited for the supply to
port of unloading ;                                                 Nicaragua by way of Community food-aid action of
                                                                    900 tonnes of common wheat .
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                    2. The tendering procedure shall take place in
may relate to products mobilized anywhere within                    France in one lot. The product shall be mobilized on
those Member States ; whereas, in view of the currency              the Community market. The product shall be loaded
situation in the Member States and in order to ensure
                                                                    for departure from any Community port.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
                                                                    3 . The invitation to tender provided for in para­
(')  OJ No L 281 , 1 . 1 I. 1975, p. 1 .                           graph 1 is for supply of products delivered on the
(2)  OJ No L 188 , 26 . 7 . 1979, p. 1 .                            quay of the port of Corinto or Puerto Somoza .
(3 ) OJ No L 281 , 1 . 1 I. 1975 , p. 89 .
(4)  OJ No  106, 30 . 10 . 1962, p . 2553/62 .
(5 ) OJ No L 263 , 19 . 9 . 1973, p. I.                             4.    The product shall be delivered in bulk .
 ---pagebreak--- 8 . 9 . 79                          Official Journal of the European Communities                         No L 228 / 15
                         Article 2                                                      Article 5
1.      The decision on tenders received in response to        1.    The tenderer shall give security in an amount of
the invitation provided for in Article 1 shall be taken       6 ECU per tonne of goods .
on 17 September 1979 .
                                                               It shall be released :
2. The closing date for submission of tenders shall
be 17 September 1979 at 12 noon .                             — in      the case of all   tenderers whose tenders are
3.      The   notice of  invitation  to  tender  shall  be         unsuccessful or are not accepted ,
published in the Official Journal of the European             — in the case of the successful tenderer, when the
Communities not less than nine days before the                     operations concerned have been carried out within
closing date for submission of tenders .                           the prescribed time limit and on submission of
                                                                   the original export licence duly granted and
                         Article 3                                 endorsed by the competent authorities of the
                                                                   Member State mentioned in the tender pursuant
1 . The prices offered must be expressed in the                    to Article 3 (2),
currency of the Member State in which the invitation          — in the case of the successful tenderer for quantities
to tender was issued .
                                                                    not supplied by reason of force majeure.
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being         2. The security required under paragraph 1 may be
                                                               provided in the form of a cash deposit or of a
declared successful , expects to complete the customs
export formalities for the products concerned .               guarantee issued by a credit institution conforming to
                                                              criteria laid down by each Member State .
3.      For the purpose of rendering the tenders compar­
able, the prices shall , where appropriate, be corrected
by the monetary compensatory amount applicable on                                       Article 6
the closing date for submission of tenders to exports
from     the  Member State    mentioned    in  the  tender    The common wheat referred to in Article 1 must be
pursuant to paragraph 2. Such correction shall be              of fair and sound merchantable quality and corres­
made by :                                                      pond at least to the standard quality for which the
                                                               intervention price is fixed, except that the moisture
— increasing prices which mention a Member State               content shall not exceed 15-5 % and that a maximum
     whose currency has depreciated ,                          of 3 % of sprouted grains and 1-5 % of miscellaneous
— reducing prices which mention a Member State                 impurities shall be allowed .
     whose currency has been revalued .
Such monetary compensatory amount shall , where                                         Article 7
appropriate, be converted into the currency of the
Member State in which the invitation to tender is
issued using :                                                 1 . The French intervention agency shall be respon­
                                                               sible for organizing the invitation to tender provided
— in the case when the currencies concerned are                for by this Regulation .
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their           2.     It shall forthwith communicate to the Commis­
     central rate ,                                            sion the list of firms which have responded to the invi­
— in other cases, the average of the spot rates of the         tation to tender, specifying the terms of each tender,
     currencies concerned recorded in the Member               together with the name and business name of the
     State in which the invitation to tender is issued         successful tenderer .
     during a period from Wednesday of one week to
     the Tuesday of the following week being the               3.    Where the customs export formalities for the
     period immediately preceding the closing date for         mobilized product are completed in a Member State
     submission of tenders .                                   other than that in which the invitation to tender is
                                                               issued, the intervention agency of the latter Member
                         Article 4                             State shall be responsible for the operations following
                                                               tendering,     including  payment    to  the  successful
                                                               tenderer .
The contract shall be awarded to the tenderer offering
the best terms, taking into consideration the adjust­
ment referred to in Article 3 (3).                             In such case, the intervention agency choosing the
                                                              successful tenderer shall immediately inform the inter­
However, if the tenders submitted do not appear to            vention agency of the Member State concerned and
reflect normal market prices and costs, the interven­         shall supply it with all the information which it may
tion agency may cancel the invitation to tender.               require .
 ---pagebreak--- No L 228 / 16                      Official Journal of the European Communities                                8 . 9 . 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 .
                                                                                      A rticle 8
4. The intervention agency shall request the
successful tenderer to supply the following informa­          As regards this tender, the intervention agency is auth­
tion :                                                        orized to make an initial payment of 80 % of the
                                                              value of the quantity given in the bill of lading, on
(a) after each shipment a certificate showing the quan­
                                                              presentation of that document and subject to the
    tities dispatched and the quality of the products ;
                                                              taking of a security for an amount equal to the initial
(b) the date of departure of the ships ;                      payment .
(c) all possible contingencies which might occur
    during transportation of the products.                                            Article 9
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, 7 September 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President