31979R2129

No L 246/56 29 . 9 . 79 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2129/79

of 28 September 1979

opening an invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Mauritania

THE COMMISSION OF THE EUROPEAN whereas, should force majeure make it impossible to COMMUNITIES, complete the operation in question within the set time limits, it should be made clear who is to bear the Having regard to the Treaty establishing the European liability for any resulting costs ; Economic Community,

Whereas provisions should be made for security to be Having regard to Council Regulation (EEC) No given for the purpose of guaranteeing that the obliga­ 2727/75 of 29 October 1975 on the common organiza­ tions arising by virtue of participation in the invita­ tion of the market in cereals ('), as last amended by tion to tender for supplies to the Islamic Republic of Regulation (EEC) No 1 547/79 (2), Mauritania will be fulfilled ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the German intervention agency should be tions for the mobilization of cereals as food aid (3), and made responsible for the tendering procedure in ques­ in particular Article 6 thereof, tion ;

Having regard to Council Regulation No 129 on the Whereas the Commission must be informed quickly value of the unit of account and the exchange rates to of the tenders submitted in response to the invitation be applied for the purposes of the common agricul­ and of those accepted by the intervention agency ; tural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Having regard to the opinion of the Monetary ment Committee for Cereals, Committee, i Whereas on 8 May 1979 the Council of the European Communities declared that by way of Community HAS ADOPTED THIS REGULATION : action it proposed to grant the Islamic Republic of Mauritania 7 000 tonnes of common wheat under its 1978/79 food-aid programme ; Article 1 Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased 1 . Tenders are hereby invited for the supply to the anywhere on the Community market ; Islamic Republic of Maurtania, by way of Community food-aid action , of 7 000 tonnes of common wheat. Whereas the proposed invitation to tender should be for supply of the products placed on the quay at the 2. The tendering procedure shall take place in the port of unloading ; Federal Republic of Germany in two lots. The product Whereas tenders may be submitted by tenderers esta­ shall be mobilized on the Community market. The blished in any Member State of the Community and product shall be loaded for the departure from any may relate to products mobilized anywhere within Community port. those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 3. The invitation to tender provided for in para­ that the tenders are as comparable as possible, account graph 1 is for supply of products delivered on the should be taken of the effect on each tender of the quay in one of the ports of unloading listed in the Annex . currency situation in the Member State in which the customs export formalities will be completed ; 4. The successful tenderer shall deliver the product Whereas the award under the invitation to tender specified in paragraph 1 in new jute sacks of a net must be made in favour of the tenderer offering the capacity of 50 kilograms. best terms ;

The minimum weight of the sacks shall be 600 grams. ( 1 ) OJ No L 281 , 1 . 11 . 1975, p. 1 . The following shall be printed on the sacks : (2) OJ No L 188 , 26. 7. 1979, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975 , p. 89 . ' Froment tendre / Don de la Communauté écono­ (4) Ol No 106, 30 . 10 . 1962, p. 2553/62. (5 ) OJ No L 263 , 19 . 9 . 1973, p. 1 . mique européenne à la Mauritanie'.

29 . 9 . 79 No L 246/57 Official Journal of the European Communities

To allow for the possibility of re-bagging, the However, if the tenders submitted do not appear to successful tenderer shall supply 2 % of new empty reflect normal market prices and costs, the interven­ sacks, of the same quality as those containing the tion agency may cancel the invitation to tender. goods but with the printing followed by a capital letter *R\ Article 5

Article 2 1 . The tenderer shall give security in an amount of 6 ECU per tonne of goods. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken It shall be released : on 12 October 1979 . — in the case of all tenderers whose tenders are 2. The closing date for submission of tenders shall unsuccessful or are not accepted, be 12 October 1979 at 12 noon . — in the case of the successful tenderer, when the 3 . The notice of invitation to tender shall be operations concerned have been carried out within published in the Official Journal of the European the prescribed time limit and on submission of Communities not less than nine days before the the original export licence duly granted and closing date for submission of tenders. endorsed by the competent authorities of the Member State mentioned in the tender pursuant Article 3 to Article 3 (2), — in the case of the successful tenderer for quantities 1 . The prices offered must be expressed in the not supplied by reason of force majeure. currency of the Member State in which the invitation to tender was issued . 2. The security required under paragraph 1 may be 2. Tenders must in particular mention the Member provided in the form of a cash deposit or of a State in which the tenderer, in the event of his being guarantee issued by a credit institution conforming to declared successful, expects to complete the customs criteria laid down by each Member State. export formalities for the products concerned.

Article 6 3. For the purpose of rendering the tenders compar­ able, the prices shall, where appropriate, be corrected The common wheat referred to in Article 1 to be by the monetary compensatory amount applicable on supplied to the Islamic Republic of Mauritania must the closing date for submission of tenders to exports from the Member State mentioned in the tender be of fair and sound merchantable quality and corres­ pond at least to the standard quality for which the pursuant to paragraph 2. Such correction shall be intervention price is fixed, except that the moisture made by : content shall not exceed 1 5-5 % and that a maximum — increasing prices which mention a Member State of 3 % of sprouted grains and 1-5 % of miscellaneous whose currency has depreciated, impurities shall be allowed. — reducing prices which mention a Member State whose currency has been revalued. Article 7 Such monetary compensatory amount shall, where 1 . The German intervention agency shall be respon­ appropriate, be converted into the currency of the Member State in which the invitation to tender is sible for operations relating to the invitation to tender issued using : provided for by this Regulation.

— in the case when the currencies concerned are 2. It shall forthwith communicate to the Commis­ kept at any given moment within a band of sion the list of firms which have responded to the invi­ 2-25 % , a conversion rate resulting from their tation to tender, specifying the terms of each tender, central rate, together with the name and business name of the — in other cases, the average of the spot rates of the successful tenderer. currencies concerned recorded in the Member State in which the invitation to tender is issued 3. Where the customs export formalities for the during a period from the Wednesday of one week mobilized product are completed in a Member State other than that in which the invitation to tender is to the Tuesday of the following week being the period immediately preceding the closing date for issued, the intervention agency of the latter Member submission of tenders. State shall be responsible for the operations following tendering, including payment to the successful tenderer. Article 4

The contract shall be awarded to the tenderer offering In such case, the intervention agency choosing the the best terms, taking into consideration the adjust­ successful tenderer shall immediately inform the inter­ ment referred to in Article 3 (3). vention agency of the Member State concerned and

No L 246/ 58 29 . 9 . 79 Official Journal of the European Communities

shall supply it with all the information which it may 5. When the intervention agency responsible for require. the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it Furthermore, the amount of the successful tender shall send as soon as possible to the latter the informa­ shall be paid after it has been converted using the tion necessary for releasing the security. 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 which the operations Article 8 relating to the tendering are completed. As regards this tender, the intervention agency is auth­ 4. The intervention agency shall request the orized to make an initial payment of 80 % of the successful tenderer to supply the following informa­ tion : value of the quantity given in the bill of lading, on presentation of that document and subject to the (a) after each shipment a certificate showing the quan­ taking of a security for an amount equal to the initial tities dispatched and the quality of the products ; 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, 28 September 1979 .

For the Commission

Finn GUNDELACH

Vice-President

ANNEX

Number Port of unloading Minimum rate of unloading Tonnage cif of lot L

1 Nouadhibou 2 000 Customs of the port 2 Nouakchott 5 000

\