lagen.nu
31979R2906

31979R2906

CELEX
31979R2906
Datum
1979-12-21
Källa
eur-lex.europa.eu
Rättsakten gäller inte längreEUR-Lex anger att rättsakten upphörde att gälla 1980-01-11.

No L 326/24 22. 12 . 79 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2906/79 of 21 December 1979 opening an invitation to tender for the mobilization of common wheat as food aid for the Kingdom of Lesotho

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 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 (*), 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 will be fulfilled ; tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas the Belgian intervention agency should be Having regard to Council Regulation No 129 on the made responsible for the tendering procedure ; value of the unit of account and the exchange rates to be applied for the purposes of the common agricul­ Whereas the Commission must be informed quickly tural policy (4), as last amended by Regulation (EEC) of the tenders submitted in response to the invitation No 2543/73 (5), and in particular Article 3 thereof, and of those accepted by the intervention agency ;

Having regard to the opinion of the Monetary Committee, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Cereals, Whereas on 8 May 1979 the Council of the European Communities declared that by way of Community action it proposed to grant Lesotho 3 000 tonnes of 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 delivered to Maseru ; 1 . Tenders are hereby invited for the supply, by way of Community food-aid action, to the Kingdom Whereas tenders may be submitted by tenderers esta­ of Lesotho of 3 000 tonnes of common wheat. blished in any Member State of the Community and may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 2. The tendering procedure shall take place in situation in the Member States and in order to ensure Belgium in one lot. The product shall be mobilized that the tenders are as comparable as possible, account on the Community market. The products shall be should be taken of the effect on each tender of the loaded for departure from any Community port. 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 the products delivered to (i) OJ No L 281 , 1 . 11 . 1975, p. 1 . Maseru . (*) OJ No L 188, 26. 7. 1979, p. 1 . P) OJ No L 281 , 1 . 11 . 1975, p. 89. («) 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. 12. 79 No L 326/25 Official Journal of the European Communities

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 11 January 1980.

It shall be released : 2. The closing date for submission of tenders shall be 11 January 1980 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 Article 3 endorsed by the competent authorities of the 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 to tender was issued. — in the case of the successful tenderer for quantities not supplied by reason of force majeure. 2. Tenders must in particular mention the Member State in which the tenderer in the event of his being 2. The security required under paragraph 1 may be declared successful, expects to complete the customs provided in the form of a cash deposit or of a export formalities for the products concerned. guarantee issued by a credit institution conforming to criteria laid down by each Member State. 3. For the purpose of rendering the tenders compar­ able, the prices shall, where appropriate, be corrected by the monetary compensatory amount applicable on Article 6 the closing date for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph 2. Such correction shall be The common wheat referred to in Article 1 must be made by : of fair and sound merchantable quality and corres­ pond at least to the standard quality for which the — increasing prices which mention a Member State intervention price is fixed, except that the moisture whose currency has depreciated, content shall not exceed 15% . — reducing prices which mention a Member State whose currency has been revalued.

Article 7 Such monetary compensatory amount shall, where appropriate, be converted into the currency of the Member State in which the invitation to tender is 1 . The Belgian intervention agency shall be respon­ issued using : sible for the operations relating to the invitation to — in the case when the currencies concerned are tender provided for by this Regulation. kept at any given moment within a band of 2. It shall forthwith communicate to the Commis­ 2-25 %, a conversion rate resulting from their central rate, sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, — in other cases, the average of the spot rates of the together with the name and business name of the currencies concerned recorded in the Member successful tenderer. State in which the invitation to tender is issued during a period from Wednesday of one week to 3 . Where the customs export formalities for the the Tuesday of the following week being the mobilized product are completed in a Member State period immediately preceding the closing date for other than that in which the invitation to tender is submission of tenders . 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 326/26 22 . 12 . 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 As regards this tender, the intervention agency is auth­ successful tenderer to supply the following informa­ 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 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 Communities. diately upon receipt.

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

Done at Brussels, 21 December 1979 .

For the Commission

Finn GUNDELACH Vice-President