31979R1976

No L 228 / 14 Official Journal of the European Communities 8 . 9 . 79

COMMISSION REGULATION ( EEC) No 1976/ 79 of 7 September 1979 opening an invitation to tender for the mobilization of common wheat as food aid for Nicaragua

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 award under the invitation to tender Economic Community, must be made in favour of the tenderer offering the best terms ; Having regard to Council Regulation ( EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas, should force majeure make it impossible to tion of the market in cereals ('), as last amended by complete the operation in question within the set Regulation ( EEC) No 1547/79 (2), time limits, it should be made clear who is to bear the liability for any resulting costs ; Having regard to Council Regulation (EEC) No 2750 /75 of 29 October 1975 laying down the condi­ Whereas provisions should be made for security to be tions for the mobilization of cereals as food aid (3 ), and given for the purpose of guaranteeing that the obliga­ in particular Article 6 thereof, tions arising by virtue of participation in the invita­ tion to tender will be fulfilled ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas the French intervention agency should be be applied for the purposes of the common agricul­ made responsible for the tendering procedure in ques­ tural policy (4), as last amended by Regulation (EEC) tion ; No 2543/73 (5), and in particular Article 3 thereof,

Whereas the Commission must be informed quickly Having regard to the opinion of the Monetary of the tenders submitted in response to the invitation Committee, and of those accepted by the intervention agency ;

Whereas on 8 May 1979 the Council of the European Whereas the measures provided for in this Regulation Communities declared that by way of Community are in accordance with the opinion of the Manage­ action it proposed to grant Nicaragua 900 tonnes of ment Committee for Cereals, common wheat under its 1978 / 79 food-aid programme ;

HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula­ tion ( EEC) No 2750 /75 the goods may be purchased anywhere on the Community market ; Article 1 Whereas the proposed invitation to tender should be for supply of the products placed on the quay at the 1 . Tenders are hereby invited for the supply to port of unloading ; Nicaragua by way of Community food-aid action of 900 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 invitation to tender provided for in para­ (') OJ No L 281 , 1 . 1 I. 1975, p. 1 . graph 1 is for supply of products delivered on the (2) OJ No L 188 , 26 . 7 . 1979, p. 1 . quay of the port of Corinto or Puerto Somoza . (3 ) OJ No L 281 , 1 . 1 I. 1975 , p. 89 . (4) OJ No 106, 30 . 10 . 1962, p . 2553/62 . (5 ) OJ No L 263 , 19 . 9 . 1973, p. I. 4 . The product shall be delivered in bulk .

8 . 9 . 79 Official Journal of the European Communities No L 228 / 15

Article2¶

1 . The decision on tenders received in response to 1 . The tenderer shall give security in an amount of the invitation provided for in Article 1 shall be taken 6 ECU per tonne of goods . on 17 September 1979 . It shall be released : 2 . The closing date for submission of tenders shall be 17 September 1979 at 12 noon . — in the case of all tenderers whose tenders are 3 . The notice of invitation to tender shall be unsuccessful or are not accepted , published in the Official Journal of the European — in the case of the successful tenderer, when the Communities not less than nine days before the operations concerned have been carried out within closing date for submission of tenders . the prescribed time limit and on submission of the original export licence duly granted and endorsed by the competent authorities of the Article 3 Member State mentioned in the tender pursuant 1 . The prices offered must be expressed in the to Article 3 ( 2), currency of the Member State in which the invitation — in the case of the successful tenderer for quantities to tender was issued . not supplied by reason of force majeure. 2 . Tenders must in particular mention the Member 2. The security required under paragraph 1 may be State in which the tenderer, in the event of his being provided in the form of a cash deposit or of a declared successful , expects to complete the customs guarantee issued by a credit institution conforming to export formalities for the products concerned . criteria laid down by each Member State . 3 . For the purpose of rendering the tenders compar­ able, the prices shall , where appropriate, be corrected Article 6 by the monetary compensatory amount applicable on the closing date for submission of tenders to exports from the Member State mentioned in the tender The common wheat referred to in Article 1 must be pursuant to paragraph 2 . Such correction shall be of fair and sound merchantable quality and corres­ made by : pond at least to the standard quality for which the intervention price is fixed, except that the moisture — increasing prices which mention a Member State content shall not exceed 15-5 % and that a maximum whose currency has depreciated , of 3 % of sprouted grains and 1-5 % of miscellaneous — reducing prices which mention a Member State impurities shall be allowed . whose currency has been revalued .

Such monetary compensatory amount shall , where Article 7 appropriate , be converted into the currency of the Member State in which the invitation to tender is 1 . The French intervention agency shall be respon­ issued using : sible for organizing the invitation to tender provided — in the case when the currencies concerned are for by this Regulation . kept at any given moment within a band of 2-25 % , a conversion rate resulting from their 2 . It shall forthwith communicate to the Commis­ central rate , sion the list of firms which have responded to the invi­ — in other cases, the average of the spot rates of the tation to tender, specifying the terms of each tender, currencies concerned recorded in the Member together with the name and business name of the State in which the invitation to tender is issued successful tenderer . during a period from Wednesday of one week to the Tuesday of the following week being the 3 . Where the customs export formalities for the period immediately preceding the closing date for mobilized product are completed in a Member State submission of tenders . other than that in which the invitation to tender is issued , the intervention agency of the latter Member State shall be responsible for the operations following Article 4 tendering, including payment to the successful tenderer . The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3 ). In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ However, if the tenders submitted do not appear to vention agency of the Member State concerned and reflect normal market prices and costs , the interven­ shall supply it with all the information which it may tion agency may cancel the invitation to tender . require .

No L 228 / 16 8 . 9 . 79 Official Journal of the European Communities

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 . A rticle 8 4. The intervention agency shall request the successful tenderer to supply the following informa­ As regards this tender, the intervention agency is auth­ tion : orized to make an initial payment of 80 % of the value of the quantity given in the bill of lading, on (a) after each shipment a certificate showing the quan­ presentation of that document and subject to the tities dispatched and the quality of the products ; taking of a security for an amount equal to the initial (b) the date of departure of the ships ; payment . (c) all possible contingencies which might occur during transportation of the products. Article 9

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 diately upon receipt . Communities.

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

Done at Brussels, 7 September 1979 .

For the Commission Finn GUNDELACH Vice-President