31979R1778

No L 203 / 24 11 . 8 . 79 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1778 / 79

of 10 August 1979

opening an invitation to tender (or the mobilization of barley as food aid for Ethiopia

THE COMMISSION OF THE EUROPEAN Whereas the contract should be awarded to the COMMUNITIES, tenderer offering the best terms ;

Having regard to the Treaty establishing the European Whereas in case it should be impossible for reasons of Economic Community, force majeure to complete the operation in question within the set time limits, it must be made clear who Having regard to Council Regulation (EEC) No is to bear any costs resulting therefrom ; 27 /7/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Whereas provision should be made for security to be Regulation ( EEC) No 1 547/79 (2), given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to Council Regulation ( EEC) No 2750/75 of 29 October 1975 laying down the con­ Whereas the German intervention agency should be ditions for the mobilization of cereals as food aid (3 ), made responsible for the tendering procedure in ques­ and in particular Article 6 thereof, tion ;

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 the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Having regard to the opinion of the Monetary ment Committee for Cereals , Committee ,

Whereas on 8 May 1979 the Council of the European Communities declared that by way of Community HAS ADOPTED THIS REGULATION : action it proposed to grant Ethiopia 5 962 tonnes of barley under the 1977/78 and 1978 /79 food-aid programme ; Article 1

Whereas pursuant to Article 3 (3) of Council Regula­ 1 . Tenders are hereby invited for the supply, by tion (EEC) No 2750/75 the goods may be purchased way of Community food-aid action to Ethiopia, of anywhere on the Community market ; 5 962 tonnes of barley (spring barley).

Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of 2. The tendering procedure shall take place in the Federal Republic of Germany in one lot. the vessel , the goods to be set down at the place nomi­ nated by the recipient or its agent ; 3 . The product shall be mobilized on the Commu­ Whereas tenders may be submitted by tenderers esta­ nity market . blished in any Member State of the Community and may relate to products mobilized anywhere within 4. Shipment shall be from a North Sea port. those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 5. The product referred to in paragraph 1 is to be that the tenders are as comparable as possible, account delivered in bulk to the port of shipment in the should be taken of the effect on each tender of the vicinity of the vessel . The goods must be set down at currency situation in the Member State in which the the place nominated by the recipient country or its customs export formalities will be completed ; agent, the timing of delivery being settled by the tenderer and the recipient country's agent . C ) OJ No L 281 , 1 . 11 . 1975 , p. 1 . (2 ) OJ No L 188 , 26 . 7 . 1979 , p. 1 . The successful tenderer shall supply in addition (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No 106, 30 . 10 . 1962, p . 2553 / 62 . 75 270 empty new jute sacks of a capacity of 80 kilo­ (5) OJ No L 263 , 19 . 9 . 1973 , p. 1 . grams, 50 needles and sufficient twine .

11 . 8 . 79 No L 203 / 25 Official Journal of the European Communities

Minimum weight of the sacks shall be 700 grams . The However, if the tenders submitted do not appear to i following shall be printed on the sacks : reflect normal market prices and costs, the interven- i tion agency may cancel the invitation to tender. ' Barley / Gift of the European Economic Community to Ethiopia.'

Article 5 Article 2 If the tenderer is unable to deliver the goods in 1 . The decision on tenders received in response to compliance with Article 1 (5) on the date given in the the invitation provided for in Article 1 shall be taken notice of invitation to tender as a result of the late on 24 August 1979 . availability of the vessels to be used for sea transporta­ tion, the resulting costs shall be borne by the interven­ 2. The closing date for submission of tenders shall tion agency. be 24 August 1979 at 12 noon .

3 . The notice of invitation to tender shall be published in the Official Journal of the European Article 6 Communities not less than nine days before the closing date for submission of tenders. 1 . The tenderer shall give security of a value of 6 ECU per tonne of goods. Article 3 It shall be released : 1 . The prices offered must be expressed in the — in the case of all tenderers whose tenders are currency of the Member State in which the invitation to tender was issued . unsuccessful or are not accepted,

— in the case of the successful tenderer, when the 2. Tenders must in particular mention the Member operations concerned have been carried out within State in which the tenderer, in the event of his being the prescribed time limit and on submission of declared successful , expects to complete the customs the original export licence duly granted and export formalities for the products concerned . endorsed by the competent authorities of the Member State mentioned in the tender pursuant 3 . For the purpose of rendering the tenders compar­ to Article 3 (2), able, the prices shall be corrected by the monetary compensatory amount applicable on the closing date — in the case of the successful tenderer for quantities for submission of tenders to exports from the Member not supplied by reason of force majeure. State mentioned in the tender pursuant to paragraph 2 . Such correction shall be made by : 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a — increasing prices which mention a Member State guarantee issued by a credit institution conforming to whose currency has depreciated, criteria laid down by each Member State . — reducing prices which mention a Member State whose currency has been revalued .

Article 7 The monetary compensatory amount shall , where appropriate, be converted into the currency of the Member State in which the invitation to tender is The barley referred to in Article 1 to be supplied to Ethiopia must be of fair and sound merchantable issued using : quality and correspond at least to the standard quality — in the case when the currencies concerned are for which the intervention price is fixed, except that kept at any given moment within a band of the humidity shall not exceed 1 4-5 % and that a 2-25 % , a conversion rate resulting from their maximum tolerance of 2 % of sprouted grains and central rate , 1-5% of miscellaneous impurities shall be allowed . — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member State in which the invitation to tender is issued Article 8 during a period from the Wednesday of one week to the Tuesday of the following week being the 1 . The German intervention agency shall be respon­ period immediately preceding the closing date for sible for operations relating to the invitation to tender submission of tenders . provided for by this Regulation .

2 . It shall forthwith communicate to the Commis­ Article 4 sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer offering tation to tender, specifying the terms of each tender, the best terms , taking into consideration the adjust­ together with the name and business name of the ment referred to in Article 3 (3 ). successful tenderer .

No L 203 / 26 Official Journal of the European Communities 11 . 8 . 79

3. Where the customs export formalities for the (b) the date of departure of the vessels . mobilized product are completed in a Member State The information indicated above shall be forwarded other than that in which the invitation to tender is by the intervention agency to the Commission imme­ issued, the intervention agency of the latter Member diately upon receipt. State shall be responsible for the operations following tendering, including payment to the successful 5. When the intervention agency responsible for tenderer. the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it In this case, the intervention agency choosing the shall send as soon as possible to the latter the informa­ successful tenderer shall immediately inform the inter­ tion necessary for releasing the security. vention agency of the Member State concerned and shall supply it with all the information which it may Article 9 require . On delivery of the goods at the port of shipment, a Furthermore, the amount of the successful tender handing-over certificate shall be supplied to the shall be paid after it has been converted using the successful tenderer, acting as agent for the Commu­ average of the spot rates referred to in the second nity, by the agent of the recipient country, or, in the subparagraph of Article 3 (3) to the tenderer in the absence of the latter, by the intervention agency of the currency of the Member State in which the operations Member State in whose territory the port of shipment relating to the tendering are completed. is situated . 4. The intervention agency shall request the Article 10 successful tenderer to supply the following informa­ tion : This Regulation shall enter into force on the day of its (a) after each shipment a certificate showing the quan­ publication in the Official Journal of the European Communities. tities dispatched and the quality of the products ;

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

Done at Brussels, 10 August 1979 .

For the Commission

Finn GUNDELACH

Vice-President