31979R2021

No L 233/ 22 15 . 9 . 79 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2021 /79 of 14 September 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Bolivia

THE COMMISSION OF THE EUROPEAN that the tenders are as comparable as possible, account COMMUNITIES , should be taken of the effect on each tender of the currency situation in the Member State in which the customs export formalities will be completed ; Having regard to the Treaty establishing the European Economic Community, Whereas the award under the invitation to tender Having regard to Council Regulation (EEC) No must be made in favour of the tenderer offering the best terms ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Regulation (EEC) No 1 547/79 (2), Whereas, should force majeure make it impossible to complete the operation in question within the set Having regard to Council Regulation (EEC) No time limits, it should be made clear who is to bear the 2750/75 of 29 October 1975 laying down the condi­ liability for any resulting costs ; tions for the mobilization of cereals as food aid (3 ), and in particular Article 6 thereof, Whereas provisions should be made for security to be given for the purpose of guaranteeing that the obliga­ Having regard to Council Regulation No 129 on the tions arising by virtue of participation in the invita­ value of the unit of account and the exchange rates to tion to tender will be fulfilled ; be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) No 2543 /73 (5 ), and in particular Article 3 thereof, Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ tion ; Having regard to the opinion of the Monetary Committee , Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Whereas on 8 May 1979 the Council of the European and of those accepted by the intervention agency ; Communities declared that by way of Community action it proposed to grant Bolivia 1 500 tonnes of common wheat under its 1978 / 79 food-aid Whereas the measures provided for in this Regulation programme ; are in accordance with the opinion of the Manage­ ment Committee for Cereals, Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750 /75 the goods may be purchased anywhere on the Community market ;

Whereas tenders should be invited for the supply of HAS ADOPTED THIS REGULATION : the product to the port of shipment in the vicinity of the vessel , the goods to be set down at the place nomi­ nated by the recipient or its agent ; Article 1 Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 1 . Tenders are hereby invited for the supply, by may relate to products mobilized anywhere within way of Community food-aid action, to Bolivia of those Member States ; whereas , in view of the currency 1 500 tonnes of common wheat . situation in the Member States and in order to ensure

(>) OJ No L 281 , 1 . 1 1 . 1975, p . 1 . 2 . The tendering procedure shall take place in (2 ) OJ No L 188 , 26 . 7. 1979 , p . 1 . France in one lot . The product shall be mobilized on (3 ) OJ No L 281 , 1 . 11 . 1975, p . 89 . the Community market . The product shall be loaded 4 OJ No 106, 30 . 10 . 1962, p . 2553/ 62. (5 ) OJ No L 263 , 19 . 9 . 1973, p. 1 . for the departure from any Community port.

15 . 9 . 79 No L 233 / 23 Official Journal of the European Communities

3 . The product referred to in paragraph 1 is to be to the Tuesday of the following week being the delivered in new jute sacks of a net capacity of 50 kilo­ period immediately preceding the closing date for grams to the port of shipment in the vicinity of the submission of tenders . vessel . The goods must be set down at the place nomi­ Article 4 nated by the recipient country or its agent, the timing of delivery being settled by the tenderer and the recip­ The contract shall be awarded to the tenderer offering ient country's agent. the best terms, taking into consideration the adjust­ Minimum weight of the sacks shall be 600 grams. The ment referred to in Article 3 (3). following shall be printed on the sacks : However, if the tenders submitted do not appear to 'Trigo / Donacion de la Comunidad economica reflect normal market prices and costs, the interven­ europea a Bolivia.' tion agency may cancel the invitation to tender. To allow for the possibility of re-bagging, the Article 5 successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the If the tenderer is unable to deliver the goods in goods but with the printing followed by a capital compliance with Article 1 (3) on the date given in the letter ' R '. notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ Article 2 tion, the resulting costs shall be borne by the interven­ 1 . The decision on tenders received in response to tion agency. the invitation provided for in Article 1 shall be taken Article 6 on 28 September 1979 . 2. The closing date for submission of tenders shall 1 . The tenderer shall give security in an amount of be 28 September 1979 at 12 noon . 6 ECU per tonne of goods . 3 . The notice of invitation to tender shall be It shall be released : published in the Official Journal of the European — in the case of all tenderers whose tenders are Communities not less than nine days before the unsuccessful or are not accepted, closing date for submission of tenders. — in the case of the successful tenderer, when the operations concerned have been carried out within Article 3 the prescribed time limit and on submission of 1 . The prices offered must be expressed in the the original export licence duly granted and currency of the Member State in which the invitation endorsed by the competent authorities of the to tender was issued . Member State mentioned in the tender pursuant to Article 3 (2), 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being — in the case of the successful tenderer, for quanti­ declared successful, expects to complete the customs ties not supplied by reason of force majeure. export formalities for the products concerned. 2. The security required under paragraph 1 may be 3 . For the purpose of rendering the tenders compar­ provided in the form of a cash deposit or of a able, the prices shall be corrected by the monetary guarantee issued by a credit institution conforming to criteria laid down by each Member State . compensatory amount applicable on the closing date I for submission of tenders to exports from the Member Article 7 State mentioned in the tender pursuant to paragraph 2. Such correction shall be made by : The common wheat referred to in Article 1 must be — increasing prices which mention a Member State of fair and sound merchantable quality and corres­ whose currency has depreciated, pond at least to the standard quality for which the — reducing prices which mention a Member State intervention price is fixed, except that the moisture content shall not exceed 15 5 % and that a maximum whose currency has been revalued. of 3 % of sprouted grains and 1-5 % of miscellaneous The monetary compensatory amount shall, where impurities shall be allowed . appropriate, be converted into the currency of the Member State in which the invitation to tender is Article 8 issued using : 1 . The French intervention agency shall be respon­ — in the case when the currencies concerned are sible for organizing the invitation to tender provided kept at any given moment within a band of for by this Regulation . 2-25 % , a conversion rate resulting from their central rate, 2 . It shall forthwith communicate to the Commis­ — in other cases, the average of the spot rates of the sion the list of firms which have responded to the invi­ currencies concerned recorded in the Member tation to tender, specifying the terms of each tender, State in which the invitation to tender is issued together with the name and business name of the successful tenderer. during a period from the Wednesday of one week

No L 233 / 24 15 . 9 . 79 Official Journal of the European Communities

3. Where the customs export formalities for the The information indicated above shall be forwarded mobilized product are completed in a Member State by the intervention agency to the Commission imme­ other than that in which the invitation to tender is diately upon receipt. issued, the intervention agency of the latter Member State shall be responsible for the operations following 5. When the intervention agency responsible for tendering, including payment to the successful the operations relating to tendering is not the interven­ tenderer . tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ In such case, the intervention agency choosing the tion necessary for releasing the security. successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and shall supply it with all the information which it may require . Article 9

Futhermore , the amount of the successful tender shall On delivery of the goods at the port of shipment, a be paid after it has been converted using the average handing-over certificate shall be supplied to the of the spot rates referred to in the second subpara­ successful tenderer, acting as agent for the Commu­ graph of Article 3 (3) to the tenderer in the currency nity, by the agent of the recipient country, or, in the of the Member State in which the operations relating to the tendering are completed . absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment 4. The intervention agency shall request the is situated . successful tenderer to supply the following informa­ tion : (a) after shipment, a certificate showing the quantities Article 10 dispatched and the quality of the products ; (b) the date of departure of the ships ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European Communities. during transportation of the products .

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

Done at Brussels, 14 September 1979 . For the Commission

Finn GUNDELACH Vice-President