31979R2062
No L 240/8 Official Journal of the European Communities 22 . 9 . 79
COMMISSION REGULATION ( EEC) No 2062/79 of 21 September 1979 opening an invitation to tender for the mobilization of common wheat as food aid for Mozambique
THE COMMISSION OF THE EUROPEAN Whereas the award under the invitation to tender COMMUNITIES, must be made in favour of the tenderer offering the best terms ; Having regard to the Treaty establishing the European Economic Community, Whereas, should force majeure make it impossible to complete the operation in question within the set Having regard regard to Council Regulation (EEC) No time limits, it should be made clear who is to bear the 2727/75 of 29 October 1975 on the common organiza liability for any resulting costs ; tion of the market in cereals (J ), as last amended by Regulation (EEC) No 1 547/79 (2), Whereas provisions should be made for security to be given for the purpose of guaranteeing that the obliga Having regard to Council Regulation ( EEC) No tions arising by virtue of participation in the invita 2750/75 of 29 October 1975 laying down the condi tion to tender for supplies to Mozambique will be tions for the mobilization of cereals as food aid (3), and fulfilled ; 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) No 2543/73 (5), and in particular Article 3 thereof, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to the opinion of the Monetary and of those accepted by 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 Mozambique 1 6 500 tonnes of common wheat under its 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 the proposed invitation to tender should be for supply of the products placed on the quay at the port of unloading ; 1 . Tenders are hereby invited for the supply to Mozambique by way of Community food-aid action of 16 500 tonnes of common wheat . Whereas tenders may be submitted by tenders esta blished in any Member State of the Community and may relate to products mobilized anywhere within 2. The tendering procedure shall take place in those Member States ; whereas, in view of the currency France in two lots. The product shall be mobilized on situation in the Member States and in order to ensure the Community market. The product shall be loaded that the tenders are as comparable as possible, account for the departure from any Community port. 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 ; 3 . The invitation to tender provided for in para graph 1 is for supply of products delivered on the (') OJ No L 281 , 1 . 11 . 1975, p. 1 . quay in one of the ports of unloading listed in the (2) OJ No L 188 , 26. 7. 1979, p. 1 . Annex . (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No 106, 30 . 10 . 1962, p . 2553/62. (5) OJ No L 263, 19 . 9 . 1973, p. 1 . 4. The product shall be delivered in bulk.
22 . 9 . 79 Official Journal of the European Communities No L 240/9
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 5 October 1979 . It shall be released : 2. The closing date for submission of tenders shall be 5 October 1979 at 12 noon . — in the case of all tenderers whose tenders are unsuccessful or are not accepted, 3 . The notice of invitation to tender shall be — in the case of the successful tenderer, when the published in the Official Journal of the European operations concerned have been carried out within Communities not less than nine days before the 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 to Article 3 (2), 1 . The prices offered must be expressed in the 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 The common wheat referred to in Article 1 to be from the Member State mentioned in the tender supplied to Mozambique must be of fair and sound pursuant to paragraph 2. Such correction shall be merchantable quality and correspond at least to the made by : standard quality for which the intervention price is — increasing prices which mention a Member State fixed , except that the moisture content shall not exceed 14 % and that a maximum of 3 % of whose currency has depreciated, sprounted grains and 1-5 % of miscellaneous impuri — reducing prices which mention a Member State ties 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 the 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 In such case, the intervention agency choosing the ment referred to in Article 3 (3). 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 240 / 10 22 . 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 . Article 8 4. The intervention agency shall request the successful tenderer to supply the following informa As regard this tender, the intervention agency is autho tion : rized to make an initial payment of 80 % of the value (a) after each shipment a certificate showing the quan of the quantity given in the bill of lading, on presenta tities dispatched and the quality of the products ; tion of that document and subject to the taking of a security for an amount equal to the initial payment. (b) the date of departure of the ships ; (c) all possible contingencies which might occur Article 9 during transportation of the products. 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, 21 September 1979 .
For the Commission
Finn GUNDELACH Vice-President
ANNEX
Number Minimum rate Port of unloading Tonnage cif of lot of unloading
1 Maputo 6 000 2 Beira | Customs of the port 10 500