31979R1783

11 . 8 . 79 No L 203/41 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1783/79 of 10 August 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 currency situation in the Member State in which the COMMUNITIES, customs export formalities will be completed ;

Having regard to the Treaty establishing the European Whereas the contract should be awarded to the Economic Community, tenderer who makes the best offer ;

Having regard to Council Regulation (EEC) No Whereas it must be made clear who is to bear any 2727/75 of 29 October 1975 on the common organiza­ costs which arise in the event that for reasons of force tion of the market in cereals ('), as last amended by majeure the operation in question is not completed Regulation ( EEC) No 1 547/79 (*), within the time stipulated ;

Having regard to Council Regulation (EEC) No Whereas provision should be made for security to be 2750/75 of 29 October 1975 laying down the condi­ given to guarantee fulfilment of the obligations arising tions for the mobilization of cereals as food aid (3 ), and by virtue of participation in the invitation to tender ; 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 it is important that the Commission be No 2543 /73 (5), and in particular Article 3 thereof, informed without delay of the tenders submitted in response to the invitation and of those accepted by Having regard to the opinion of the Monetary the intervention agency ; Committee ,

Whereas the measures provided for in this Regulation Whereas on 8 May 1979 the Council of the European are in accordance with the opinion of the Manage­ Communities declared that by way of Community ment Committee for Cereals, action it proposed to grant the World Food Programme 15 000 tonnes of common wheat under its 1977/78 and 1978 /79 food-aid programme ;

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

Article 1 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 1 . Tenders are hereby invited for the supply, by way of Community food-aid action to the World Food nated by the recipient or its agent ; Programme, of 15 000 tonnes of common wheat. Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 2. The tendering procedure shall take place in may relate to products mobilized anywhere within France in one lot. The product shall be mobilized on those Member States ; whereas, in view of the currency the Community market. The product shall be loaded situation in the Member States and in order to ensure for departure from any Community port. that the tenders are as comparable as possible , account should be taken of the effect on each tender of the 3 . The product referred to in paragraph 1 is to be delivered in bulk to the port of shipment in the (!) OJ No L 281 , 1 . 1 1 . 1975, p. 1 . vicinity of the vessel . The goods must be set down at (2) OJ No L 188 , 26 . 7. 1979, p. 1 . the place nominated by the recipient country or its (3 OJ No L 281 , 1 . 11 . 1975, p. 89 . («) OJ No 106, 30 . 10 . 1962, p . 2553 /62 . agent, the timing of delivery being settled by the (5) OJ No L 263 , 19 . 9 . 1973, p. 1 . tenderer and the recipient country's agent.

No L 203 /42 11 . 8 . 79 Official Journal of the European Communities

The successful tenderer shall supply in addition Article 4 189 375 empty new jute sacks of a capacity of 80 kg, 100 needles and sufficient twine . The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ Minimum weight of sacks shall be 700 grams. ment referred to in Article 3 (3). The following shall be printed on the sacks : However, if the tenders submitted do not appear to ' Ethiopia / Wheat , / Gift of the European Economic reflect normal market prices and costs, the interven­ Community / Action of the World Food Programme .' tion agency may cancel the invitation to tender.

Article 2 Article 5 1 . The decision on tenders received in response to If the tenderer is unable to deliver the goods in the invitation provided for in Article 1 shall be taken compliance with Article 1 (3) on the date given in the on 24 August 1979 . notice of invitation to tender as a result of the late 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 currency of the Member State in which the invitation — in the case of all tenderers whose tenders are to tender was issued . unsuccessful or are not accepted, 2. Tenders must in particular mention the Member — in the case of the successful tenderer, when the State in which the tenderer, in the event of his being operations concerned have been carried out within declared successful, expects to complete the customs the prescribed time limit and on submission of export formalities for the products concerned . the original export licence duly granted and endorsed by the competent authorities of the 3 . For the purpose of rendering the tenders compar­ Member State mentioned in the tender pursuant able, the prices shall be corrected by the monetary to Article 3 ( 2), compensatory amount applicable on the closing date — in the case of the successful tenderer, for quanti­ for submission of tenders to exports from the Member ties 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 — increasing prices which mention a Member State provided in the form of a cash deposit or of a whose currency has depreciated, guarantee issued by a credit institution conforming to 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 common wheat referred to in Article 1 must be issued using : of fair and sound merchantable quality and corres­ pond at least to the standard quality for which the — in the case when the currencies concerned are intervention price is fixed, except that the moisture kept at any given moment within a band of content shall not exceed 15-5 % and that a maximum 2-25 % , a conversion rate resulting from their of 3 % of sprouted grains and 1-5 % of miscellaneous central rate, 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 French intervention agency shall be respon­ period immediately preceding the closing date for sible for organizing the invitation to tender provided submission of tenders . for by this Regulation .

11 . 8 . 79 No L 203 /43 Official Journal of the European Communities

2 . It shall forthwith communicate to the Commis­ (b) the date of departure of the ships ; sion the list of firms which have responded to the invi­ (c) all possible contingencies which ' might occur tation to tender, specifying the terms of each tender, during transportation of the products. together with the name and business name of the successful tenderer. The information indicated above shall be forwarded by the intervention agency to the Commission imme­ 3 . Where the customs export formalities for the diately upon receipt. mobilized product are completed in a Member State other than that in which the invitation to tender is 5 . When the intervention agency responsible for issued, the intervention agency of the latter Member the operations relating to tendering is not the interven­ State shall be responsible for the operations following tion agency which appoints the successful tenderer, it tendering, including payment to the successful tenderer. shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 9 vention agency of the Member State concerned and shall supply it with all the information which it may On delivery of the goods at the port of shipment, a require . handing-over certificate shall be supplied to the Furthermore, the amount of the successful tender successful tenderer, acting as agent for the Commu­ shall be paid after it has been converted using the nity, by the agent of the recipient country, or, in the average of the spot rates referred to in the second absence of the latter, by the intervention agency of the subparagraph of Article 3 (3) to the tenderer in the Member State in whose territory the port of shipment currency of the Member State in which the operations is situated . relating to the tendering are completed.

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 shipment a certificate showing the quantities publication in the Official Journal of the European Com m unities. 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