31979R1779
11 . 8 . 79 No L 203/27 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 1779/79 of 10 August 1979 opening an invitation to tender for the mobilization of barley as food aid for Ethiopia
THE COMMISSION OF THE EUROPEAN within the set time limits, it must be made clear who COMMUNITIES , is to bear any costs resulting therefrom ;
Having regard to the Treaty establishing the European Whereas provision should be made for security to be Economic Community, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza Whereas the German intervention agency should be tion of the market in cereals ('), as last amended by made responsible for the tendering procedure in ques Regulation ( EEC) No 1 547/79 (*), tion ; Having regard to Council Regulation ( EEC) No 2750/75 of 29 October 1975 laying down the condi Whereas the Commission must be informed quickly tions for the mobilization of cereals as food aid (3), and of the tenders submitted in response to the invitation in particular Article 6 thereof, and of those accepted by the intervention agency ;
Having regard to Council Regulation No 129 on the Whereas the measures provided for in this Regulation value of the unit of account and the exchange rates to are in accordance with the opinion of the Manage be applied for the purposes of the common agricul ment Committee for Cereals, tural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof,
Having regard to the opinion of the Monetary Committee , HAS ADOPTED THIS REGULATION :
Whereas on 8 May 1979 the Council of the European Communities declared that by way of Community Article 1 action it proposed to grant Ethiopia 9 581 tonnes of barley under the 1978/79 food-aid programme ; 1 . Tenders are hereby invited for the supply, by Whereas an analysis of the state of the cereals market way of Community food-aid action to Ethiopia, of with reference to cereals intervention in Germany indi 9 581 tonnes of barley. cates that the criteria of Article 3 (2) of Council Regu lation (EEC) No 2750/75 should be applied and that 2. The tendering procedure shall take place in the the intervention agency of the Member State as speci fied should mobilize the cereals from those stocked in Federal Republic of Germany in one lot. its own stores and should also determine the condi tions of mobilization ; 3 . The produce shall be taken from the interven tion agency of the Federal Republic of Germany from Whereas tenders should be invited for the supply of the stores specified in the Annex. the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi 4. Shipment shall be from a North Sea port. nated by the recipient or its agent ;
Whereas the contract should be awarded to the 5 . The product referred to in paragraph 1 is to be delivered in bulk to the port of shipment in the tenderer offering the best terms ; vicinity of the vessel . The goods must be set down at Whereas in case it should be impossible for reasons of the place nominated by the recipient country or its agent, the timing of delivery being settled by the force majeure to complete the operation in question tenderer and the recipient country's agent. (') 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 . 1 20 960 empty new jute sacks of a capacity of 80 kilo (<) OJ No 106, 30 . 10 . 1962, p. 2553/62. (5) OJ No L 263, 19 . 9 . 1973 , p. 1 . grams, 70 needles and sufficient twine.
No L 203/28 11 . 8 . 79 Official Journal of the European Communities
Minimum weight of the sacks shall be 700 grams. The quality and correspond at least to the standard quality following shall be printed on the sacks : for which the intervention price is fixed, except that the moisture content shall not exceed 1 4-5 % and 'Barley / Gift of the European Economic Community that a maximum of 2 % of sprouted grains and 1 -5 % to Ethiopia.' of miscellaneous impurities shall be allowed.
Article 2 Article 7 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken 1 . The German intervention agency shall be repon on 24 August 1979 . sible for operations relating to the invitation to tender provided for by this Regulation . 2. The closing date for the receipt of tenders shall be 24 August 1979 at 12 noon . 2 . It shall forthwith communicate to the Commis 3 . The notice of invitation to tender shall be sion the list of firms which have responded to the invi published in the Official Journal of the European tation to tender, specifying the terms of each tender, Communities not less than nine days before the together with the name and business name of the closing date for submission of tenders. successful tenderer.
3 . On the other hand, if the successful tenderer is Article 3 established in a Member State other than the one The contract shall be awarded to the tenderer who collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the makes the most favourable offer. successful tenderer is established, the German inter vention agency shall be responsible for the operations However, if the tenders submitted do not appear to relating to the tendering. reflect normal market prices and costs, the interven tion agency may cancel the invitation to tender. 4. The intervention agency shall request the successful tenderer to supply the following informa Article 4 tion :
If the tenderer is unable to deliver the goods in (a) after each shipment a certificate showing the quan compliance with Article 1 (5) on the date given in the tities dispatched and the quality of the products ; notice of invitation to tender as a result of the late (b) the date of departure of the vessels. availability of the vessels to be used for sea transporta tion, the resulting costs shall be borne by the interven The information indicated above shall be forwarded tion agency. by the intervention agency to the Commission imme diately upon receipt.
Article5¶
1 . The successful tenderer shall give security of a Article 8 value of 6 ECU per tonne of the product ; the security is intended to guarantee that the operations specified On delivery of the goods at the port of shipment, a in Article 1 are duly completed . The security shall be handing-over certificate shall be supplied to the forfeited if those operations are not carried out within successful tenderer, acting as agent for the Commu the prescribed time limit, save as regards quantities nity, by the agent of the recipient country or, in the not delivered owing to force majeure. absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment 2. The security required under paragraph 1 may be is situated . provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to criteria laid down by each Member State . Article 9 Article 6 This Regulation shall enter into force on the day of its The barley referred to in Article 1 to be supplied to publication in the Official Journal of the European Communities. Ethiopia must be of fair and sound merchantable
11 . 8 . 79 No L 203/29 Official Journal of the European Communities
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
No L 203 / 30 11 . 8 . 79 Official Journal of the European Communities
ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
Numéro du lot Port d'embarquement Tonnage à mettre en fob Nom et adresse du stockeur Lieu de stockage Nummer des Loses Verschiffungshafen Nach fob zu bringende Menge Name und Adresse des Lagerhalters Ort der Lagerhaltung Numero della partita Porto d' imbarco Tonnellaggio da mettere in fob Nome e indirizzo del detentore Luogo di accantonamento Nummer van de partij Haven van inlading Fob aan te leveren hoeveelheid Naam en adres van de entrepothouder Adres van de opslagplaats Partiets nummer Indskibningshavn Mængde til levering fob Lagerindehaverens navn og adresse Lagerplads Number of lot Port of shipment Tonnage fob Address of store Town at which stored . 1 9 581 t Port de la Mer du Nord dont : Nordseehafen davon : Porto del Mare del Nord di cui : Noordzeehaven waarvan : Nordsøhavn deraf : whereof : North Sea port 2 359 t Baywa AG München Ochsenfurt Arabellastraße 4 8000 München 81 Lagernummer 672 051 1 469 t G.F.L. Ochsenfurt Liebigstraße 6 6000 Frankfurt am Main Lagernummer 654 261 504tt Rhenus/Wtag AG Dortmund-Hafen Postfach 209 4600 Dortmund Lagernummer 302 261 410tt Heinrich Kraft GmbH Düsseldorf-Hafen Postfach 3929 4000 Düsseldorf 1 Lagernummer 302 190 135tt Rhenus/Wtag AG Duisburg Postfach 210 164 4100 Duisburg Lagernummer 302 210
4 704 t L.W. Cretschmar Neuß GmbH + Co . KG Postfach w 9109 4000 Düsseldorf 1 Lagernummer 323 030
9 581tt