31979R1091

No L 136/ 8 2 . 6 . 79 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1091 /78

of 1 June 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, 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 1 254/ 78 (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 made responsible for the tendering procedure in ques­ tions for the mobilization of cereals as food aid (3), and 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 Council Regulation (EEC) No 652/79 of 29 Having regard to the opinion of the Monetary March 1 979 (6) laid down the coefficient for Committee , expressing amounts, fixed in units of account, in ECU ; Whereas on 30 January 1978 the Council of the Euro­ pean Communities declared that by way of Commu­ Whereas the measures provided for in this Regulation nity action it proposed to grant the World Food are in accordance with the opinion of the Manage­ Programme 6 000 tonnes of common wheat under its ment Committee for Cereals, 1977/78 food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; HAS ADOPTED THIS REGULATION : 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 Article 1 nated by the recipient or its agent ;

Whereas tenders may be submitted by tenderers esta­ 1 . Tenders are hereby invited for the supply, by blished in any Member State of the Community and way of Community food-aid action , to the World may relate to products mobilized anywhere within Food Programme of 6 000 tonnes of common wheat. those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 2 . The tendering procedure shall take place in that the tenders are as comparable as possible, account France in one lot . The product shall be mobilized on should be taken of the effect on each tender of the the Community market . The product shall be loaded currency situation in the Member State in which the for the departure from any Community port. customs export formalities will be completed ;

Whereas the award under the invitation to tender 3 . The product referred to in paragraph 1 is to be must be made in favour of the tenderer offering the delivered in bulk to the port of shipment in the best terms ; vicinity of the vessel . The goods must be set down at the place nominated by the recipient country or its (') OJ No L 281 , 1 . II . 1975 , p . I. agent, the timing of delivery being settled by the \2 ) OJ No L 156, 14. 6. 1978 , p. 1 . tenderer and the recipient body's agent . (3 ) OJ No L 281 , 1 . II . 1975, p . 89 . C ) OJ No 106, 30 . 10 . 1962, p. 2553/ 62 . (5 ) OJ No L 263, 19 . 9 . 1973, p. 1 . (o) OJ No L 84, 4. 4 . 1979, p . I.

2 . 6 . 79 No L 136/ 9 Official Journal of the European Communities

A rticle 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 tion agency . on 14 June 1979 .

2. The closing date for submission of tenders shall Article 6 be 14 June 1979 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be 6 ECU per tonne of goods. published in the Official Journal of the European 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 unsuccessful or are not accepted, Article 3 — in the case of the successful tenderer, when the 1 . The prices offered must be expressed in the operations concerned have been carried out within currency of the Member State in which the invitation the prescribed time limit and on submission of to tender was issued . the original export licence duly granted and endorsed by the competent authorities of the 2. Tenders must in particular mention the Member Member State mentioned in the tender pursuant State in which the tenderer, in the event of his being to Article 3 (2), declared successful , expects to complete the customs export formalities for the products concerned . — in the case of the successful tenderer, for quanti­ ties not supplied by reason of force majeure. 3 . For the purpose of rendering the tenders compar­ able, the prices shall be corrected by the monetary 2. The security required under paragraph 1 may be compensatory amount applicable on the closing date provided in the form of a cash deposit or of a for submission of tenders to exports from the Member guarantee issued by a credit institution conforming to State mentioned in the tender pursuant to paragraph criteria laid down by each Member State . 2 . Such correction shall be made by :

— increasing prices which mention a Member State Article 7 whose currency has depreciated , The common wheat referred to in Article 1 must be — reducing prices which mention a Member State of fair and sound merchantable quality and corres­ whose currency has been revalued . pond at least to the standard quality for which the The monetary compensatory amount shall , where intervention price is fixed, except that the moisture appropriate, be converted into the currency of the content shall not exceed 15-5 % and that a maximum Member State in which the invitation to tender is of 3 % of sprouted grains and 1-5 % of miscellaneous issued using : impurities shall be allowed .

— in the case when the currencies concerned are kept at any given moment within a band of A rticle 8 2-25 % , a conversion rate resulting from their central rate, 1 . The French intervention agency shall be respon­ sible for organizing the invitation to tender provided — in other cases, the average of the spot rates of the for by this Regulation . 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 However, if the tenders submitted do not appear to tendering, including payment to the successful ten­ derer . reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. In such gase , 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 136 / 10 2 . 6 . 79 Official Journal of the European Communities

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 Member State in whose territory the port of shipment (b) the date of departure of the ship ; 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 , 1 June 1979 .

For the Commission

Finn GUNDELACH

Vice-President