31979R2063

22. 9 . 79 Official Journal of the European Communities No L 240/ 11

COMMISSION REGULATION ( EEC) No 2063/79 of 21 September 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 (2), 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 4 108 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 tenders should be invited for the supply of the product to the port of shipment in the vicinity of 1 . Tenders are hereby invited for the supply, by the vessel, the goods to be set down at the place nomi­ way of Community food-aid action to the World Food nated by the recipient or its agent ; Programme, of 4 108 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 . 11 . 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 . (4) 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 240/ 12 Official Journal of the European Communities 22 . 9 . 79

Article2¶

1 . The decision on tenders received in response to If the tenderer is unable to deliver the goods in the invitation for in Article 1 shall be taken on 5 compliance with Article 1 (3) on the date given in the October 1979 notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ 2. The closing date for submission of tenders shall tion , the resulting costs shall be borne by the interven­ be 5 October 1979 at 12 noon . tion agency .

3 . The notice of invitation to tender shall be Article 6 published in the Official Journal of the European Communities not less than nine days before the 1 . The tenderer shall give security in an amount of closing date for submission of tenders . 6 ECU per tonne of goods.

Article 3 It shall be released : — in the case of all tenderers whose tenders are 1 . The prices offered must be expressed in the unsuccessful or are not accepted , currency of the Member State in which the invitation to tender was issued . — in the case of the successful tenderer, when the operations concerned have been carried out within 2. Tenders must in particular mention the Member the prescribed time limit and on submission of State in which the tenderer, in the event of his being the original export licence duly granted and declared successful, expects to complete the customs endorsed by the competent authorities of the export formalities for the products concerned. Member State mentioned in the tender pursuant to Article 3 (2), 3. For the purpose of rendering the tenders compar­ — in the case of the successful tenderer, for quanti­ able, the prices shall be corrected by the monetary ties not supplied by reason of force majeure. compensatory amount applicable on the closing date for submission of tenders to exports from the Member 2. The security required under paragraph 1 may be State mentioned in the tender pursuant to paragraph provided in the form of a cash deposit or of a , 2. Such correction shall be made by : 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 pond at least to the standard quality for which the Member State in which the invitation to tender is intervention price is fixed , except that the moisture issued using : content shall not exceed 15 5 % and that a maximum of 3 % of sprouted grains and 1-5 % of miscellaneous — in the case when the currencies concerned are impurities shall be allowed . kept at any given moment within a band of 2-25 % , a conversion rate resulting from their central rate, Article 8 — in the 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 for by this Regulation . during a period from the Wednesday of one week to the Tuesday of the following week being the 2 . It shall forthwith communicate to the Commis­ period immediately preceding the closing date for sion the list of firms which have responded to the invi­ submission of tenders . tation to tender, specifying the terms of each tender, together with the name and business name of the Article 4 successful tenderer .

3 . Where the customs export formalities for the The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ mobilized product are completed in a Member State other than that in which the invitation to tender is ment referred to in Article 3 (3). 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.

22 . 9 . 79 No L 240 / 13 Official Journal of the European Communities

In such case, the intervention agency choosing the 5 . When the intervention agency responsible for successful tenderer shall immediately inform the inter­ the operations relating to tendering is not the interven­ vention agency of the Member State concerned and tion agency which appoints the successful tenderer, it shall supply it with all the information which it may shall send as soon as possible to the latter the informa­ require . tion necessary for releasing the security . Furthermore , the amount of the successful tender shall be paid after it has been converted using the Article 9 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in whih the operations On delivery of the goods at the port of shipment, a relating to the tendering are completed . handing-over certificate shall be supplied to the successful tenderer, acting as agent for the Commu­ 4. The intervention agency shall request the nity, by the agent of the recipient country, or, in the successful tenderer to supply the following informa­ absence of the latter, by the intervention agency of the tion : Member State in whose territory the port of shipment (a) after shipment a certificate showing the quantities is situated . dispatched and the quality of the products ; (b) the date of departure of the ships ; (c) all possible contingencies which might occur Article 10 during transportation of the products. The information indicated above shall be forwarded This Regulation shall enter into force of 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, 21 September 1979 . For the Commission

Finn GUNDELACH Vice-President