31979R1782

No L 203/38 Official Journal of the European Communities 11 . 8 . 79

COMMISSION REGULATION ( EEC) No 1782/ 79 of 10 August 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Lebanon

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 1 547/79 (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 the measures provided for in this Regulation Having regard to the opinion of the Monetary are in accordance with the opinion of the Manage­ Committee, ment Committee for Cereals,

Whereas on 8 May 1979 the Council of the European Communities declared that by way of Community action it proposed to grant Lebanon 7 800 tonnes of HAS ADOPTED THIS REGULATION : common wheat under its 1978 / 79 food-aid programme ; Whereas pursuant to Article 3 (3) of Council Regula­ Article 1 tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; 1 . Tenders are hereby invited for the supply, by Whereas tenders should be invited for the supply of way of Community food-aid action, to Lebanon of the product to the port of shipment in the vicinity of 7 800 tonnes of common wheat . the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ; 2. The tendering procedure shall take place in Whereas tenders may be submitted by tenderers esta­ France in one lot. The product shall be mobilized on blished in any Member State of the Community and the Community market. The product shall be loaded may relate to products mobilized anywhere within for the departure from any Community port. those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 3. 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 body's agent. Whereas the award under the invitation to tender must be made in favour of the tenderer offering the best terms : Article 2 (■) OJ No L 281 , 1 . 11 . 1975, p. 1 . (^) OJ No L 188 , 26. 7. 1979, p. 1 . 1 . The decision on tenders received in response to (3 ) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. the invitation provided for in Article 1 shall be taken (5 ) OJ No L 263, 19 . 9 . 1973, p. 1 . on 24 August 1979 .

11 . 8 . 79 Official Journal of the European Communities No L 203/ 39

2. The closing date for submission of tenders shall availability of the vessels to be used for sea transporta­ be 24 August 1979 at 12 noon . tion , the resulting costs shall be borne by the interven­ tion agency. 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 in an amount 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 unsuccessful or are not accepted , to tender was issued . — 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 — in the case of the successful tenderer, for quanti­ compensatory amount applicable on the closing date ties not supplied by reason of force majeure. for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph 2. The security required under paragraph 1 may be 2. Such correction shall be made by : provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to — increasing prices which mention a Member State criteria laid down by each Member State . whose currency has depreciated, — reducing prices which mention a Member State Article 7 whose currency has been revalued . The common wheat referred to in Article 1 must be The monetary compensatory amount shall, where of fair and sound merchantable quality and corres­ appropriate, be converted into the currency of the Member State in which the invitation to tender is pond at least to the standard quality for which the intervention price is fixed, except that the moisture issued using : content shall not exceed 1 5-5 % and that a maximum — in the case when the currencies concerned are of 3 % of sprouted grains and 15 % of miscellaneous kept at any given moment within a band of impurities shall be allowed . 2-25 % , a conversion rate resulting from their central rate, Article 8 — in other cases, the average of the spot rates of the currencies concerned recorded in the Member 1 . The French intervention agency shall be respon­ State in which the invitation to tender is issued sible for organizing the invitation to tender provided during a period from the Wednesday of one week for by this Regulation . to the Tuesday of the following week being the 2 . It shall forthwith communicate to the Commis­ period immediately preceding the closing date for submission of tenders . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, together with the name and business name of the Article 4 successful tenderer . The contract shall be awarded to the tenderer offering 3 . Where the customs export formalities for the the best terms, taking into consideration the adjust­ mobilized product are completed in a Member State ment referred to in Article 3 (3). other than that in which the invitation to tender is issued, the intervention agency of the latter Member However, if the tenders submitted do not appear to State shall be responsible for the operations following reflect normal market prices and costs, the interven­ tendering, including payment to the successful tion agency may cancel the invitation to tender. tenderer .

Article 5 In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ If the tenderer is unable to deliver the goods in vention agency of the Member State concerned and compliance with Article 1 (3) on the date given in the shall supply it with all the information which it may notice of invitation to tender as a result of the late require .

No L 203 / 40 Official Journal of the European Communities 11 . 8 . 79

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 ships ; 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 Communities. diately upon receipt.

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