CELEX: 31981R0939
Language: en
Date: 1981-04-06 00:00:00
Title: Commission Regulation (EEC) No 939/81 of 6 April 1981 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Rwanda

No L 96/ 6                                  Official Journal of the European Communities                              8 . 4 . 81
                                      COMMISSION REGULATION ( EEC) No 939/81
                                                             of 6 April 1981
              opening an invitation to tender for the mobilization of common wheat as food
                                                   aid for the Republic of Rwanda
THE COMMISSION OF THE EUROPEAN                                         Whereas the Danish intervention agency should be
COMMUNITIES,                                                           made responsible for the tendering procedure in ques­
                                                                       tion ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                       Whereas it is important that the Commission be
Having regard to Council Regulation ( EEC) No                          informed without delay of the tenders submitted in
2727/75 of 29 October 1975 on the common organiza­                     response to the invitation and of those accepted by
tion of the market in cereals ('), as last amended by                  the intervention agency ;
the Act of Accession of Greece (: ), and in particular
Article 28 thereof.                                                    Whereas the measures provided for in this Regulation
Having regard to Council Regulation (EEC) No                           are in accordance with the opinion of the Manage­
                                                                       ment Committee for Cereals,
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,
Having regard to Council Regulation No 129 of 23                        HAS ADOPTED THIS REGULATION :
October 1962 on the value of the unit of account and
the exchange rates to be applied for the purposes of
the common agricultural policy (4 ), as last amended by                                           Article 1
Regulation ( EEC) No 2543 / 73 (5 ), and in particular
Article 3 thereof,
                                                                        1 . Tenders are hereby invited for the supply by way
Having regard to the opinion of the Monetary                           of Community food-aid action to the Republic of
Committee ,                                                            Rwanda of 2 000 tonnes of common wheat .
Whereas, on 28 May 1980, the Council of the Euro­
pean Communities declared that by way of Commu­                         2. The tendering procedure shall take place in
nity action it, proposed to grant the Republic of                       Denmark in one parcel .
Rwanda 2 000 tonnes of common wheat under its
 1980 food-aid programme ;                                             3.      The produce shall be taken from the interven­
                                                                       tion agency of Denmark from the stores specified in
Whereas, an analysis of the state of the cereals market,               the Annex .
with reference to cereals intervention in Denmark
indicates that the criteria of Article 3 (2) of Council
                                                                       4.      Shipment shall be from a Community port.
Regulation ( EEC) No 2750/75 should be applied and
that the intervention agency of the Member State as
specified should mobilize the cereals from those                        5 . The invitation to tender provided for in para­
stocked in its own stores and should also determine                    graph 1 is for supply of the products delivered to
the conditions of mobilization ;                                        Kigali .
Whereas     the   contract     should       be   awarded   to  the      6.     The     successful  tenderer shall deliver     the
tenderer who makes the best offer ;                                     products specified in paragraph 1 in new jute sacks of
Whereas it must be made clear who is to bear any                        a net capacity of 50 kilograms.
costs which arise in the event that for reasons of force
 majeure the operation in question is not completed                     Minimum weight of the sacks shall be 600 grams. The
wihtin the time stipulated ;                                            following shall be printed on the sacks :
Whereas provision should be made for security to be                     ' Froment tendre / Don de la Communauté écono­
given to guarantee fulfilment of the obligations arising                mique européenne à la république du Rwanda'.
by virtue of participation in the invitation to tender ;
                                                                        To allow for the possibility of re-bagging, the
(')  OJ No  L 281 , 1 . 11 . 1975, p . 1 .                              successful tenderer shall supply 2 % of new empty
(2 ) OJ No  L 291 , 19 . 11 . 1979 , p . 17 .
(3)  OJ No  L 281 , 1 . 11 . 1975 , p . 89 .                            sacks, of the same quality as those containing the
(4 ) OJ No  106 , 30 . 10 . 1962, p . 2553/ 62 .                        goods but with the printing followed by a capital
 5   OJ No  L 263 , 19 . 9 . 1973 , p . 1 .                              letter ' R '.
 ---pagebreak--- 8 . 4 . 81                           Official Journal of the European Communities                             No L 96/7
                          Article 2                             tender, together with the name and business name of
                                                                the successful tenderer.
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken         3 . Where the customs export formalities for the
on 21 April 1981 .                                              mobilized product are completed in a Member State
                                                               other than that in which the invitation to tender is
2. The closing date for submission of tenders shall
be 21 April 1981 at 12 noon .                                   issued, the intervention agency of the latter Member
                                                               State shall be responsible for the operations following
3.      The   notice  of  invitation  to  tender shall  be      tendering, including payment        to    the successful
published in the Official Journal of the European               tenderer.
Communities not less than nine days before the
closing date for submission of tenders.                         In such case, the intervention agency choosing the
                                                                successful tenderer shall immediately inform the inter­
                          Article 3                            vention agency of the Member State concerned and
                                                                shall supply it with all the information which it may
The contract shall be awarded to the tenderer who               require.
makes the most favourable offer.
                                                                Furthermore , the amount of the successful tender
However, if the tenders submitted do not appear to
reflect normal market prices and costs, the interven­
                                                                shall be paid after it has been converted using the
                                                                average of the spot rates referred to in the second
tion agency may cancel the invitation to tender.                subparagraph of Article 3 (3) to the tenderer in the
                                                                currency of the Member State in which the operations
                          Article 4
                                                                relating to the tendering are completed.
 1 . The tenderer shall give security of a value of 6
ECU per tonne of the product ; the security is                  4. The intervention agency shall request the
intended to guarantee that the operations specified in          successful tenderer to supply the following informa­
                                                                tion :
Article 1 are duly completed. The security shall be
forfeited if those operations are not carried out within        (a) after each shipment, a statement giving details of
the prescribed time limit, save as regards quantities                the quantities loaded, the quality of the products
not delivered owing to force majeure.                                and the type of packing ;
2.      The security required under paragraph 1 may be          (b) the date of the departure of the ships, the esti­
provided in the form of a cash deposit or of a                       mated date of arrival of the products at their
guarantee issued by a credit institution conforming to               destination ;
criteria laid down by each Member State .                       (c) all possible contingencies which might occur
                                                                     during transportation of the products.
                          Article 5
                                                                The information indicated above shall be forwarded
 1.     The   common      wheat    must  be   of  fair and
                                                                by the intervention agency to the Commission
 merchantable quality and correspond at least to the            immediately upon receipt.
 minimum quality required for intervention at the
 reference price (humidity 1 5 % ).                             5. When the intervention agency responsible for
2. For this purpose the intervention agency of the              the operations relating to tendering is not the interven­
country of shipment shall arrange for a check at the            tion agency which appoints the successful tenderer, it
 port at the time of loading on the nature, quality and         shall send as soon as possible to the latter the informa­
 packaging of the goods . Following inspection an attes­         tion necessary for releasing the security.
 tation shall be issued. The costs relating thereto shall
 be borne by the successful tenderer.                                                    Article 7
 3 . Samples intended for analysis shall be taken and
 the inspection shall be carreid out in accordance with         As regards this tender the intervention agency is
 the trade practices in force in the country of ship­           authorized to make an initial payment of 80 % of the
 ment .                                                          value of the quantity given in the bill of lading, on
                                                                 presentation of that document and subject to the
                           Article 6                             taking of a security for an amount equal to the initial
                                                                 payment .
  1 . The Danish intervention agency shall be respon­
 sible for organizing the invitation to tender provided
                                                                                         Article 8
 for by this Regulation .
 2.     It shall forthwith communicate to the Commis­            This Regulation shall enter into force on the day of its
 sion the list of firms which have responded to the              publication in the Official Journal of the European
 invitation to tender, specifying the terms of each              Communities.
 ---pagebreak--- No L 96/ 8                    Official Journal of the European Communities                        8 . 4 . 81
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 6 April 1981 .
                                                                  For the Commission
                                                                    Poul DALSAGER
                                                              Member of the Commission
 ---pagebreak--- 8 . 4. 81                                   Official Journal of the European Communities                                  No L 96/9
                     ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX — ΠΑΡΑΡΤΗΜΑ
     Numéro du lot      Port d'embarquement             Tonnage               Nom et adresse du stockeur         Lieu de stockage
   Nummer der Partie     Verschiffungshafen              Menge             Name und Adresse des Lagerhalters   Ort der Lagerhaltung
  Numero della partita     Porto d' imbarco           Tonnellaggio          Nome e indirizzo del detentore   Luogo di accantonamento
  Nummer van de partij   Haven van ìnlading            Hoeveelheid       Naam en adres van de entrepothouder Adres van de opslagplaats
     Partiets nummer      Indskibningshavn              Mængde             Lagerindehaverens navn og adresse        Lagerplads
      Number of lot       Port of shipment              Tonnage                     Address of store          Town at which stored
   'Αριθμός παρτίδων     Λιμένας φορτώσεως               Τόνοι           Όνομα και διεύθυνση έναποθηκευτού    Τόπος αποθηκεύσεως
              1         Port de la                      1 000 t          Vennerslund Gods                    4840
                        Communauté                                       4840 Nr. Alslev                     Nr. Alslev
                        Hafen der
                                                        1 000 t          Aggerup                             4990 Sakskøbing
                        Gemeinschaft
                                                                         4990 Sakskøbing
                        Porto della
                        Comunità
                        Haven van de
                        Gemeenschap
                        Fælleskabshavne
                        Community port
                        Κοινοτικός
                        λιμένας