31979R0144

27. 1 . 79 No L 20 /23 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 144/79 of 26 January 1979 opening an invitation to tender for the mobilization of common wheat as food aid for Zaire

THE COMMISSION OF THE EUROPEAN Whereas provisions should be made for security to be COMMUNITIES, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ Having regard to the Treaty establishing the European tion to tender for supplies to Zaire will be fulfilled ; Economic Community, Whereas the French intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure in ques­ 2727/75 of 29 October 1975 on the common organiza­ tion ; tion of the market in cereals ('), as last amended by Regulation (EEC) No 1254/78 (2), Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the measures provided for in this Regulation in particular Article 6 thereof, are in accordance with the opinion of the Manage­ ment Committee for Cereals, Having regard to the opinion of the Monetary Committee,

Whereas on 30 January 1978 the Council of the Euro­ HAS ADOPTED THIS REGULATION : pean Communities declared that by way of Commu­ nity action it proposed to grant Zaire 10 000 tonnes of common wheat under its 1977/78 food-aid Article 1 programme ; 1 . Tenders are hereby invited for the supply to Whereas purusant to Article 3 (3) of Council Regula­ Zaire by way of Community food-aid action of 10 000 tion (EEC) No 2750/75 the goods may be purchased tonnes of common wheat. anywhere on the Community market ; 2. The tendering procedure shall take place in Whereas the proposed invitation to tender should be France in five lots. The product shall be mobilized on for supply of the products placed on the quay at the the Community market. The product shall be loaded port of unloading ; for departure from any Community port.

Whereas tenders may be submitted by tenderers esta­ 3. The invitation to tender provided for in para­ blished in any Member State of the Community and graph 1 is for supply of products delivered to Matadi may relate to products mobilized anywhere within that is at the moment when the goods are actually those Member States ; whereas, in view of the currency placed on the dock or in the lighter where applicable. situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 4. The product shall be delivered in bulk. should be taken of the effect on each tender of the currency situation in the Member State in which the customs export formalities will be completed ; Article 2

Whereas the award under the invitation to tender 1 . The decision on tenders received in response to must be made in favour of the tenderer offering the the invitation provided for in Article 1 shall be taken best terms ; on 9 February 1979 .

Whereas, should force majeure make it impossible to 2. The closing date for submission of tenders shall complete the operation in question within the set be 9 February 1979 at 12 noon . time limits, it should be made clear who is to bear the liability for any resulting costs ; 3 . The notice of invitation to tender shall be published in the Official Journal of the European ( 1 ) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6. 1978 , p. 1 . Communities not less than nine days before the h) OJ No L 281 , 1 . 11 . 1975, p. 89. closing date for submission of tenders.

No L 20 / 24 27. 1 . 79 Official Journal of the European Communities

Article 3 — in the case of the successful tenderer, when the operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation the original export licence duly granted and to tender was issued . endorsed by the competent authorities of the Member State mentioned in the tender pursuant 2. Tenders must in particular mention the Member to Article 3 (2), State in which the tenderer, in the event of his being — in the case of the successful tenderer for quantities declared successful, exports to complete the customs not supplied by reason of force majeure. export formalities for the products concerned.

2. The security required under paragraph 1 may be 3. For the purpose of rendering the tenders compar­ provided in the form of a cash deposit or of a able, the prices shall, where appropriate, be corrected guarantee issued by a credit institution conforming to by the monetary compensatory amount applicable on criteria laid down by each Member State. the closing date for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph 2. Article 6 Such correction shall be made by : The common wheat referred to in Article 1 to be — increasing prices which mention a Member State supplied to Zaire must be of fair and sound merchan­ whose currency has depreciated, table quality and correspond at least to the standard — reducing prices which mention a Member State quality for which the intervention price is fixed, whose currency has been revalued. except that the moisture content shall not exceed 14 % and that a maximum of 3 % of sprouted grains Such monetary compensatory amount shall, where and 1 -5 % of miscellaneous impurities shall be appropriate, be converted into the currency of the allowed . Member State in which the invitation to tender is issued using : Article 7 — in the case when the currencies concerned are kept at any given moment within a band of 2-25 % , a conversion rate resulting from their 1 . The French intervention agency shall be respon­ central rate, sible for organizing the invitation to tender provided for by this Regulation . — in other cases, the average of the spot rates of the currencies concerned, recorded in the Member 2. It shall forthwith communicate to the Commis­ State in which the invitation to tender is issued sion the list of firms which have responded to the invi­ during a period from the Wednesday of one week tation to tender, specifying the terms of each tender, to the Tuesday of the following week being the together with the name and business name of the period immediately preceding the closing date for successful tenderer. submission of tenders .

3. Where the customs export formalities for the Article 4 mobilized product are completed in a Member State other than that in which the invitation to tender is The contract shall be awarded to the tenderer offering issued, the intervention agency of the latter Member the best terms, taking into consideration the adjust­ State shall be responsible for the operations following ment referred to in Article 3 (3). tendering, including payment to the successful tenderer. However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ In such case, the intervention agency choosing the tion agency may cancel the invitation to tender. successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and shall supply it with all the information which it may Article 5 require .

1 . The tenderer shall give security in an amount of Furthermore, the amount of the successful tender five units of account per tonne of goods. shall be paid after it has been converted using the It shall be released : average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the — in the case of all tenderers whose tenders are currency of the Member State in which the operations unsuccessful or are not accepted, relating to the tendering are completed.

27 . 1 . 79 No L 20/25 Official Journal of the European Communities

4. The intervention agency shall request the shall send as soon as possible to the latter the informa­ successful tenderer to supply the following informa­ tion necessary for releasing the security. tion : Article 8 (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; As regard this tender, the intervention agency is autho­ (b) the date of departure of the ships ; rized to make an initial payment of 80 % of the value (c) all possible contingencies which might occur of the quantity given in the bill of lading, on presenta­ during transportation of the products. tion of that document and subject to the taking of a The information indicated above shall be forwarded security for an amount equal to the initial payment. by the intervention agency to the Commission imme­ Article 9 diately upon receipt.

5. When the intervention agency responsible for This Regulation shall enter into force on the day of its the operations relating to tendering is not the interven­ publication in the Official Journal of the European Communities. tion agency which appoints the successful tenderer, it

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 26 January 1979 .

For the Commission

Finn GUNDELACH

Vice-President