CELEX: 31980R1653
Language: en
Date: 1980-06-27 00:00:00
Title: Commission Regulation (EEC) No 1653/80 of 27 June 1980 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine Refugees (UNRWA)

No L 163/44                               Official Journal of the European Communities                            28 . 6 . 80
                                   COMMISSION REGULATION (EEC) No 1653/80
                                                          of 27 June 1980
              opening an invitation to tender for the mobilization of common wheat flour as
              food aid for the United Nations Relief and Works Agency for Palestine Refugees
                                                             (UNRWA)
THE COMMISSION OF THE EUROPEAN                                      should be taken of the effect on each tender of the
COMMUNITIES,                                                        currency situation in the Member State in which the
                                                                    customs export formalities will be completed ;
Having regard to the Treaty establishing the European
Economic Community,                                                 Whereas the award under the invitation to tender
                                                                    must be made to the tenderer offering the best terms ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                  Whereas provision should be made for security to be
tion of the market in cereals ('), as last amended by               given to guarantee fulfilment of the obligations arising
Regulation (EEC) No 1547/79 (2),                                    by virtue of participation in the invitation to tender ;
Having regard to Council Regulation (EEC) No                        Whereas the Italian intervention agency should be
2750/75 of 29 October 1975 laying down the condi­                   made responsible for organizing the invitation to
tions for the mobilization of cereals as food aid (3), and          tender ;
in particular Article 6 thereof,
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,
Whereas on 28 May 1980 the Council of the Euro­
pean Communities declared that it proposed, by way                   HAS ADOPTED THIS REGULATION :
of Community action, to grant the equivalent of
 16 278 tonnes of common wheat (in other words
 12 690 tonnes of common wheat flour) to UNRWA
under its 1978 /79 and 1979/80 food-aid programmes ;                                        Article 1
Whereas pursuant to Article 3 (3) of Council Regula­                 1 . Tenders are hereby invited for the supply to
tion (EEC) No 2750/75 the goods may be purchased                     UNRWA, by way of Community food-aid action , of
anywhere on the Community market ;                                   12 690 tonnes of common wheat flour.
Whereas the proposed invitation to tender should be                  2. The tendering procedure shall take place in Italy
for supply of the products on the quay or in the                     in four lots. The product shall be mobilized on the
lighter where applicable at the port of unloading ;                  Community market. The product shall be loaded for
                                                                     departure from a Community port.
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                     3 . The invitation to tender provided for in para­
 may relate to products mobilized anywhere within                    graph 1 is for supply of products on the quay or in
 those Member States ; whereas in view of the currency
 situation in the Member States and in order to ensure               the lighter where applicable, in the port of :
 that the tenders are as comparable as possible, account
                                                                     — Agaba : 3 715 tonnes (lot 1 ),
(•) OJ No L 281 , 1 . 11 . 1975, p. 1 .                              — Ashdod : 4 000 tonnes (lot 2),
(2) OJ No L 188, 26. 7. 1979, p. 1 .
(>) OJ No L 281 , 1 . 11 . 1975, p. 89 .                             — Lattakia/Tartous : 2 825 tonnes (lot 3),
 (<) OJ No 106, 30. 10. 1962, p. 2553/62.
 (5 ) OJ No L 263, 19 . 9 . 1973 , p. 1 .                            — Ashdod : 2 1 50 tonnes (lot 4).
 ---pagebreak--- 28 . 6. 80                        Official Journal of the European Communities                        No L 163 /45
4. The successful tenderer shall deliver the product             2-25 % , a conversion rate resulting from their
specified in paragraph 1 in new jute sacks of a net              central rate,
capacity of 50 kilograms ; pre-slung for Ashdod ( 1.10
 x 1.10 x 1 m). Minimum weight of the sacks shall
                                                            — in other cases, the average of the spot rates of the
                                                                 currencies concerned recorded in the Member
be 600 grams. The following shall be printed on the              State in which the invitation to tender is issued
sacks :
                                                                 during a period from the Wednesday of one week
"Wheat flour / Gift of the European Economic                     to the Tuesday of the following week being the
Community to UNRWA / For free distribution to                    period immediately preceding the closing date for
Palestine refugees'.                                             submission of tenders .
To allow for the possibility of re-bagging, the
                                                                                    Article 4
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the
goods but with the printing followed by a capital           The contract shall be awarded to the tenderer offering
letter 'R '.                                                the best terms, taking into consideration the adjust­
                                                            ment referred to in Article 3 (3).
                        Article 2                           However, if the tenders submitted do not appear to
                                                            reflect normal market prices and costs, the interven­
1 . The decision on tenders received in response to         tion agency may cancel the invitation to tender .
the invitation provided for in Article 1 shall be taken
on 11 July 1980 .
                                                                                    Article 5
2. The closing date for the submission of tenders
shall be 11 July 1980 at 12 noon .                          1 . The tenderer shall give security in an amount of
                                                            12 ECU per tonne of goods .
3.    The    notice of invitation  to tender shall   be
published in the Official Journal of the European           It shall be released :
Communities not less than nine days before the
closing date for the submission of tenders.                 — in the case of all tenderers whose tenders are
                                                                 unsuccessful or are not accepted,
                                                            — in the case of the successful tenderer, when the
                        Article 3
                                                                 operations concerned have been carried out within
                                                                 the prescribed time limit and on submission ot
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation             the original export licence, duly granted and
to tender was issued .                                           endorsed by the competent authorities of the
                                                                 Member State mentioned in the tender pursuant
2. Tenders must in particular mention the Member                 to Article 3 (2),
State in which the tenderer, in the event of his being      — in the case of the successful tenderer, for quanti­
declared successful , expects to complete the customs            ties not supplied by reason of force majeure.
export formalities for the products concerned .
                                                            2. The security required under paragraph 1 may be
3 . For the purpose of rendering the tenders compar­        provided in the form of a cash deposit or of a
able, the prices shall, where appropriate, be corrected     guarantee issued by a credit institution conforming to
by the monetary compensatory amount applicable on           criteria laid down by each Member State .
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                                   Article 6
made by :
                                                             1.    The common wheat flour referred to in Article 1
— increasing prices which mention a Member State            to be supplied to UNRWA must meet the following
     whose currency has depreciated,                        requirements :
— reducing prices which mention a Member State
     whose currency has been revalued .                     — moisture : 14-5 % maximum ,
                                                            — protein content : 10-5 % minimum (N x 6 25 on
The monetary compensatory amount shall , where                   dry matter),
appropriate, be converted into the currency of the          — ash content : 0-62 % maximum referred to dry
Member State in which the invitation to tender is
                                                                 matter .
issued using :
— in the case when the currencies concerned are              Flour not     meeting these    requirements shall  be
     kept at any given moment within a band of               refused .
 ---pagebreak--- No L 163 /46                       Official Journal of the European Communities                              28 . 6. 80
2.    Tenders for supply to UNRWA of the common              currency of the Member State in which the operations
wheat flour referred to in Article 1 must relate to a        relating to the tendering are completed.
product with the following characteristics :
                                                             4. The intervention agency shall request the
— moisture : 1 4-5 % maximum ,                               successful tenderer to supply the following informa­
— protein content : 105 % minimum (N x 6-25 on               tion :
    dry matter),
                                                             (a) after each shipment, a statement giving details of
— ash content : 0-62 % maximum referred to dry                   the quantities loaded, the quality of the products
     matter.
                                                                 and the type of packing ;
                                                             (b) the date of the departure of the ships ; the esti­
                        Article 7
                                                                 mated date of arrival of the products at their desti­
                                                                 nation ;
1 . The Italian intervention agency shall be respon­
sible for operations relating to the invitation to tender    (c) all possible contingencies which might occur
provided for by this Regulation .                                during transportation of the products.
2.    It shall forthwith communicate to the Commis­          The information indicated above shall be forwarded
sion the list of firms which have responded to the invi­     by the intervention agency to the Commission imme­
tation to tender, specifying the terms of each tender,       diately upon receipt.
together with the name and business name of the              5. When the intervention agency responsible for
successful tenderer.
                                                             the operations relating to tendering is not the interven­
3 . Where the customs export formalities for the             tion agency which appoints the successful tenderer, it
mobilized product are completed in a Member State            shall send as soon as possible to the latter the informa­
other than that in which the invitation to tender is         tion necessary for releasing the security.
issued, the intervention agency of the latter Member
State shall be responsible for the operations following                              Article 8
tendering, including payment to the successful               As regards this tender, the intervention agency is auth­
tenderer.
                                                             orized to make an initial payment of 80 % of the
In such case, the intervention agency choosing the           value of the quantity given in the bill of lading, on
successful tenderer shall immediately inform the inter­      presentation of that document and subject to the
vention agency of the Member State concerned and             taking of a security for an amount equal to the initial
shall supply it with all the information which it may        payment .
require.
                                                                                     Article 9
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the          This Regulation shall enter into force on the day of its
average of the spot rates referred to in the second          publication in the Official Journal of the European
subparagraph of Article 3 (3) to the tenderer in the         Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 27 June 1980 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President