31979R0475

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No L 59 / 16 10 . 3 . 79 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 475 / 79 of 9 March 1979 opening an invitation to tender for the mobilization of durum wheat as food aid for the Republic of Peru

THE COMMISSION OF THE EUROPEAN should be taken of the effect on each tender of the COMMUNITIES, currency situation in the Member State in which the customs export formalities will be completed ; Having regard to the Treaty establishing the European Economic Community, Whereas the contract should be awarded to the tenderer offering the best terms ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas in case it should be impossible for reasons of tion of the market in cereals ('), as last amended by force majeure to complete the operation in question Regulation ( EEC) No 1 254/78 (2), within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas provision should be made for security to be tions for the mobilization of cereals as food aid (3), and given to guarantee fulfilment of the obligations arising in particular Article 6 thereof, by virtue of participation in the invitation to tender ;

Having regard to Council Regulation No 129 on the Whereas the Italian intervention agency should be value of the unit of account and the exchange rates to made responsible for the tendering procedure ; be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) Whereas the Commission must be informed quickly No 2543/73 (5), and in particular Article 3 thereof, of the tenders submitted in 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 are in accordance with the opinion of the Manage­ Whereas on 30 January 1978 the Council of the Euro­ ment Committee for Cereals, pean Communities declared that it proposed, by way of Community action , to grant 7 500 tonnes of durum wheat to the Republic of Peru 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 1 . Tenders are hereby invited for the supply, by the product to the port of shipment in the vicinity of way of Community food-aid action to the Republic of the vessel, the goods t-o be set down at the place nomi­ Peru , of 7 500 tonnes of durum wheat . nated by the recipient or its agent ;

2. The tendering procedure shall take place in Italy Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and in one lot. The product shall be mobilized on the Community market . The product shall be loaded for may relate to products mobilized anywhere within departure from any Community port. 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 3 . The product referred to in paragraph 1 is to be delivered in bulk to the port of shipment in the (') OJ No L 281 , 1 . 11 . 1975, p. 1 . vicinity of the vessel . The goods must be set down at (2 ) OJ No L 156, 14. 6 . 1978 , p. 1 . the place nominated by the recipient country or its h) OJ No L 281 , 1 . 1 1 . 1975, p. 89 . (4) OJ No 106, 30 . 10 . 1962, p . 2553/62 . agent, the timing of delivery being settled by the ( 5 ) OJ No L 263, 19 . 9 . 1973 , p. 1 . tenderer and the recipient country's agent.

10 . 3 . 79 No L 59 / 17 Official Journal of the European Communities

Article 2 notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ 1 . The decision on tenders received in response to tion , the resulting costs shall be borne by the interven­ the invitation provided for in Article 1 shall be taken on 23 March 1979 . tion agency.

2. The closing date for submission of tenders shall Article 6 be 23 March 1979 at 12 noon .

3 . The notice of invitation to tender shall be 1 . The tenderer shall give security of a value of five published in the Official Journal of the European units of account per tonne of goods. 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, 1 . The prices offered must be expressed in the — in the case of the successful tenderer, when the currency of the Member State in which the invitation operations concerned have been carried out within to tender was issued . the prescribed time limit and on submission of 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 quantities 3 . For the purpose of rendering the tenders compar­ not supplied by reason of force majeure. able, the prices shall be corrected by the monetary compensatory amount applicable on the closing date 2. The security required under paragraph 1 may be for submission of tenders to exports from the Member provided in the form of a cash deposit or of a State mentioned in the tender pursuant to paragraph guarantee issued by a credit institution conforming to 2. Such correction shall be made by : criteria laid down by each Member State . — increasing prices which mention a Member State whose currency has depreciated, Article 7 — reducing prices which mention a Member State whose currency has been revalued . The product referred to in Article 1 must be of fair The monetary compensatory amount shall, where and sound merchantable quality, be free from odour, appropriate, be converted into the currency of the and correspond at least to the standard quality for Member State in which the invitation to tender is which the intervention price is fixed . issued using : — in the case when the currencies concerned are Article 8 kept at any given moment within a band of 2-25 % , a conversion rate resulting from their 1 . The Italian intervention agency shall be respon­ central rate, sible for the operations relating to the invitation to — in the other cases, the average of the spot rates of tender provided for by this Regulation . the currencies concerned recorded in the Member 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 tendering, including payment to the successful However, if the tenders submitted do not appear to tenderer. reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. In this case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 5 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 .

No L 59 / 18 Official Journal of the European Communities 10 . 3 . 79

Furthermore, the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid after it has been converted using the shall send as soon as possible to the latter the informa­ average of the spot rates referred to in the second tion necessary for releasing the security. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations A rticle 9 relating to the tendering are completed . On delivery of the goods at the pert of shipment, a 4 . The intervention agency shall request the handing-over certificate shall be supplied to the successful tenderer to supply the following informa­ tion : successful tenderer, acting as agent for the Commu­ nity, by the agent of the recipient country, or, in the (a) after each shipment a certificate showing the quan­ absence of the latter, by the intervention agency of the tities dispatched and the quality of the products ; Member State in whose territory the port of shipment is situated . (b) the date of departure of the vessels .

The information indicated above shall be forwarded Article 10 by the intervention agency to the Commission imme­ diately upon receipt. This Regulation shall enter into force on the day of its 5 . When the intervention agency responsible for publication in the Official Journal of the European the operations relating to tendering is not the interven­ Communities.

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

Done at Brussels , 9 March 1979 .

For the Commission

Finn GUNDELACH

Vice-President