CELEX: 31980R1547
Language: en
Date: 1980-06-20 00:00:00
Title: Commission Regulation (EEC) No 1547/80 of 20 June 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Mauritania

No L 153 / 14                            Official Journal of the European Communities                            21 . 6 . 80
                                     COMMISSION REGULATION (EEC) No 1547/80
                                                          of 20 June 1980
               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 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 ( J), 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 for supplies to the Islamic Republic of
 tions for the mobilization of cereals as food aid (3), and         Mauritania will be fulfilled ;
 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 the Commission must be informed quickly
 No 2543/73 (5), and in particular Article 3 thereof,
                                                                    of the tenders submitted in response to the invitation
                                                                    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
Whereas on 28 May 1980 the Council of the Euro­                     ment Committee for Cereals,
 pean Communities declared that by way of Commu­
 nity action it proposed to grant the Islamic Republic
of Mauritania 1 1 000 tonnes of common wheat under
 its 1978 /79 and 1979/80 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                 1 . Tenders are hereby invited for the supply to the
 for supply of the products placed on the quay at the               Islamic Republic of Mauritania by way of Community
 port of unloading ;                                                food-aid action of 1 1 000 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 four lots. 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 the 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 invitation to tender provided for in para­
currency situation in the Member State in which the                 graph 1 is for supply of products delivered on the
 customs export formalities will be completed ;                     quay in one of the ports of unloading listed in the
                                                                    Annex.
(!) OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ  No  L 188 , 26 . 7. 1979, p. 1 .                            4. The successful tenderer shall deliver the product
(3) OJ  No  L 281 , 1 . 11 . 1975, p. 89 .
(4) OJ  No  106, 30. 10. 1962, p. 2553/62.                          specified in paragraph 1 in new jute sacks of a net
(5) OJ  No  L 263, 19 . 9. 1973, p. 1 .                             capacity of 50 kilograms.
 ---pagebreak--- 21 . 6 . 80                       Official Journal of the European Communities                        No L 153/ 15
The minimum weight of the sacks shall be 600 grams.                                  Article 4
The following shall be printed on the sacks :
 Froment tendre / Don de la Communauté écono­               The contract shall be awarded to the tenderer offering
mique européenne à la Mauritanie.'                          the best terms, taking into consideration the adjust­
                                                            ment referred to in Article 3 (3).
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty           However, if tlie tenders submitted do not appear to
sacks, of the same quality as those containing the          reflect normal market prices and costs, the interven­
goods but with the printing followed by a capital           tion agency may cancel the invitation to tender.
letter 'R'.
                                                                                     Article 5
                        Article 2
                                                            1 . The tenderer shall give security in an amount of
1 . The decision on tenders received in response to         6 ECU per tonne of goods.
the invitation provided for in Article 1 shall be taken
on 4 July 1980 .                                            It shall be released :
2. The closing date for submission of tenders shall         — in the case of all tenderers whose tenders are
be 4 July 1980, 12 noon .                                       unsuccessful or are not accepted,
3.     The   notice of invitation  to tender shall   be     — in the case of the successful tenderer, when the
published in the Official Journal of the European               operations concerned have been carried out within
Communities not less than nine days before the                  the prescribed time limit and on submission of
closing date for submission of tenders.                         the original export licence duly granted and
                                                                endorsed by the competent authorities of the
                        Article 3                               Member State mentioned in the tender pursuant
                                                                to Article 3 (2),
1 . The prices offered must be expressed in the             — in the case of the successful tenderer for quantities
currency of the Member State in which the invitation            not supplied by reason of force majeure.
to tender was issued .
2. Tenders must in particular mention the Member            2. The security required under paragraph 1 may be
State in which the tenderer, in the event of his being      provided in the form of a cash deposit or of a
declared successful, expects to complete the customs        guarantee issued by a credit institution conforming to
export formalities for the products concerned .             criteria laid down by each Member State.
3. For the purpose of rendering the tenders compar­
                                                                                     Article 6
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount applicable on           The common wheat referred to in Article 1 to be
the closing date for submission of tenders to exports
from the Member State mentioned in the tender               supplied to the Islamic Republic of Mauritania must
pursuant to paragraph 2. Such correction shall be           be of fair and sound merchantable quality and corres­
made by :                                                   pond at least to the standard quality for which the
                                                            intervention price is fixed .
— increasing prices which mention a Member State
     whose currency has depreciated,
                                                                                     Article 7
— reducing prices which mention a Member State
     whose currency has been revalued.
                                                            1 . The French intervention agency shall be respon­
Such monetary compensatory amount shall, where              sible for organizing the invitation to tender provided
appropriate, be converted into the currency of the          for by this Regulation .
Member State in which the invitation to tender is
                                                            2.     It shall forthwith communicate to the Commis­
issued using :
                                                            sion the list of firms which have responded to the invi­
— in the case when the currencies concerned are
                                                            tation to tender, specifying the terms of each tender,
     kept at any given moment within a band of              together with the name and business name of the
     2-25 % , a conversion rate resulting from their        successful tenderer.
     central rate ,
— in other cases, the average of the spot rates of the      3 . Where the customs export formalities for the
     currencies concerned recorded in the Member            mobilized product are completed in a Member State
     State in which the invitation to tender is issued      other than that in which the invitation to tender is
     during a period from the Wednesday of one week         issued, the intervention agency of the latter Member
     to the Tuesday of the following week being the         State shall be responsible for the operations following
     period immediately preceding the closing date for      tendering, including payment to the successful
     submission of tenders .                                tenderer.
 ---pagebreak--- No L 153/ 16                       Official Journal of the European Communities                               21 . 6. 80
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
average of the spot rates referred to in the second                                    Article 8
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
relating to the tendering are completed.                      As regards this tender, the intervention agency is auth­
                                                              orized to make an initial payment of 80 % of the
4. The intervention agency shall request the                  value of the quantity given in the bill of lading, on
successful tenderer to supply the following informa­          presentation of that document and subject to the
tion :                                                        taking of a security for an amount equal to the initial
(a) after each shipment a certificate showing the quan­       payment.
    tities dispatched and the quality of the products ;
(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, 20 June 1980.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President
                                                       ANNEX
                 Number
                   of lot          Port of unloading       Minimum rate of unloading        Tonnage cif
              1              Nouakchott                  I                                    4 000
              2               Nouakchott                                                      4 000
                                                           Customs of the port                2 000
              3              Nouakchott
              4               Nouadhibou
                                                         I                                     1 000