31979R1135

9 . 6 . 79 No L 141 /7 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1135 / 79 of 8 June 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the People's Republic of Bangladesh

THE COMMISSION OF THE EUROPEAN Whereas the award under the invitation to tender COMMUNITIES , must be made in favour of the tenderer offering the best terms ; Having regard to the Treaty establishing the European Economic Community, Whereas, should force majeure make it impossible to complete the operation in question within the set Having regard to Council Regulation (EEC) No time limits, it should be made clear who is to bear the 2727/75 of 29 October 1975 on the common organiza­ liability for any resulting costs ; tion of the market in cereals ('), as last amended by Regulation (EEC) No 1 254/78 (2), Whereas provisions should be made for security to be given for the purpose of guaranteeing that the obliga­ Having regard to Council Regulation (EEC) No tions arising by virtue of participation in the invita­ 2750/75 of 29 October 1975 laying down the condi­ tion to tender will be fulfilled ; tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas the French intervention agency should be Having regard to Council Regulation No 129 on the made responsible for the tendering procedure in ques­ value of the unit of account and the exchange rates to tion ; 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 Council Regulation (EEC) No 652/79 of 29 March 1979 (6) laid down the coefficient for Whereas on 8 May 1979 the Council of the European expressing amounts, fixed in units of account, in Communities declared that by way of Community ECU ; action it proposed to grant the People's Republic of Bangladesh 100 000 tonnes of common wheat under its 1978 /79 food-aid programme ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas pursuant to Article 3 (3) of Council Regula­ ment Committee for Cereals, tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas tenders should be invited for the supply of HAS ADOPTED THIS REGULATION : 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 ; Article 1 Whereas tenders may be submitted by tenderers esta­ blished in . any Member State of the Community and 1 . Tenders are hereby invited for the supply by way may relate to products mobilized anywhere within of Community food-aid action to the People's those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure Republic of Bangladesh of 100 000 tonnes of common wheat . that the tenders are as comparable as possible, account should be taken of the effect on each tender of the currency situation in the Member State in which the 2. The tendering procedure shall take place in customs export formalities will be completed ; France in 10 lots of 10 000 tonnes. The product shall be mobilized on the Community market . The product (') OJ No L 281 , 1 . 11 . 1975, p. 1 . shall be loaded for departure from any Community (2) OJ No L 156, 14. 6 . 1978 , p. 1 . port . P) OJ No L 281 , 1 . 11 . 1975 , p. 89 . (4 ) OJ No 106, 30 . 10 . 1962, p. 2553/62. (=>) OJ No L 263, 19 . 9 . 1973, p. 1 . (<■) OJ No L 84, 4. 4. 1979 , p. 1 .

No L 141 / 8 9 . 6 . 79 Official Journal of the European Communities

3 . The product referred to in paragraph 1 is to be However, if the tenders submitted do not appear to delivered in bulk to the port of shipment in the reflect normal market prices and costs, the interven­ vicinity of the vessel . The goods must be set down at tion agency may cancel the invitation to tender. the place nominated by the recipient country or its agent, the timing of delivery being settled by the Article 5 tenderer and the recipient body's agent. If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the Article 2 notice of invitation to tender as a result of the late 1 . The decision on tenders received in response to availability of the vessels to be used for sea transporta­ the invitation provided for in Article 1 shall be taken tion , the resulting costs shall be borne by the interven­ on 21 June 1979 . tion agency .

2. The closing date for submission of tenders shall Article 6 be 21 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 It shall be released : Communities not less than nine days before the 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 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 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 — in the case of the successful tenderer, for quanti­ export formalities for the products concerned . ties not supplied by reasons of force majeure. 3. For the purpose of rendering the tenders compar­ 2. The security required under paragraph 1 may be able, the prices shall be corrected by the monetary provided in the form of a cash deposit or of a compensatory amount applicable on the closing date guarantee issued by a credit institution conforming to for submission of tenders to exports from the Member criteria laid down by each Member State . State mentioned in the tender pursuant to paragraph 2 . Such correction shall be made by : Article 7 -V increasing prices which mention a Member State The common wheat referred to in Article 1 must be whose currency has depreciated , of fair and sound merchantable quality and corres­ — reducing prices which mention a Member State pond at least to the standard quality for which the whose currency has been revalued . intervention price is fixed, except that the moisture content shall not exceed 1 5-5 % and that a maximum The monetary compensatory amount shall , where of 3 % of sprouted grains and 1-5 % of miscellaneous appropriate, be converted into the currency of the Member State in which the invitation to tender is impurities shall be allowed . issued using : A rticle 8 — in the case when the currencies concerned are kept at any given moment within a band of 1 . The French intervention agency shall be respon­ 2-25 % , a conversion rate resulting from their sible for organizing the invitation to tender provided central rate , for by this Regulation . — in the other cases, the average of the spot rates of 2 . It shall forthwith communicate to the Commis­ the currencies concerned recorded in the M.mber sion the list of firms which have responded to the invi­ State in which the invitation to tender is issued tation to tender, specifying the terms of each tender, during a period from the Wednesday of one week together with the name and business name of the to the Tuesday of the following week being the successful tenderer . period immediately preceding the closing date for submission of tenders . 3 . Where the customs export formalities for the mobilized product are completed in a Member State other than that in which the invitation to tender is Article 4 issued , the intervention agency of the latter Member The contract shall be awarded to the tenderer offering State shall be responsible for the operations following the best terms, taking into consideration the adjust­ tendering, including payment to the successful tenderer . ment referred to in Article 3 (3).

9 . 6 . 79 No L 141 / 9 Official Journal of the European Communities

In such case, the intervention agency choosing the 5. When the intervention agency responsible for successful tenderer shall immediately inform the inter­ the operations relating to tendering is not the interven­ vention agency of the Member State concerned and tion agency which appoints the successful tenderer, it shall supply it with all the information which it may shall send as soon as possible to the latter the informa­ require . tion necessary for releasing the security.

Furthermore , the amount of the successful tender shall be paid after it has been converted using the Article 9 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations On delivery of the goods at the port of shipment, a relating to the tendering are completed. handing-over certificate shall be supplied to the successful tenderer, acting as agent for the Commu­ 4. The intervention agency shall request the nity, by the agent of the recipient country, or, in the successful tenderer to supply the following informa­ tion : absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment (a) after shipment a certificate showing the quantities is situated . dispatched and the quality of the products ; (b) the date of departure of the ship ; (c) all possible contingencies which might occur Article 10 during transportation of the products. 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 Communities. diately upon receipt.

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

Done at Brussels, 8 June 1979 . For the Commission

Finn GUNDELACH Vice-President