CELEX: 31980R2725
Language: en
Date: 1980-10-24 00:00:00
Title: Commission Regulation (EEC) No 2725/80 of 24 October 1980 opening an invitation to tender for the mobilization of common wheat flour as food aid for Algeria

25 . 10 . 80                                Official Journal of the European Communities                        No L 281 / 15
                                      COMMISSION REGULATION ( EEC) No 2725/80
                                                          of 24 October 1980
               opening an invitation to tender for the mobilization of common wheat flour as
                                                         food aid for Algeria
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 contract should be awarded to the
                                                                      tenderer who makes the best offer ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                    Whereas it must be made clear who is to bear any
tion of the market in cereals ( J ), as last amended by               costs which arise in the event that for reasons of force
Regulation (EEC) No 1870/80 (2),                                       majeure the operation in question is not completed
                                                                      within the time stipulated ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                     Whereas provision should be made for security to be
tions for the mobilization of cereals as food aid (3), and            given to guarantee fulfilment of the obligations arising
in particular Article 6 thereof,                                      by virtue of participation in the invitation to tender ;
Having regard to Council Regulation No 129 on the                     Whereas the French intervention agency should be
value of the unit of account and the exchange rates to                made responsible for the tendering procedure in ques­
be applied for the purposes of the common agricul­                    tion ;
tural policy (4), as last amended by Regulation (EEC)
No 2543/73 (5), and in particular Article 3 thereof,
                                                                      Whereas it is important that the Commission be
                                                                      informed without delay of the tenders submitted in
Having regard to the opinion of the Monetary                          response to the invitation and of those accepted by
Committee.
                                                                      the intervention agency ;
Whereas on 28 May 1980 the Council of the Euro­                       Whereas the measures provided for in this Regulation
pean Communities declared that by way of Commu­                       are in accordance with the opinion of the Manage­
nity action it proposed to grant Algeria 3 311 tonnes                 ment Committee for Cereals,
of common wheat flour under its 1979/ 80 food-aid
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                       HAS ADOPfED THIS REGULATION :
anywhere on the Community market ;
Whereas the proposed invitation to tender should be                                           Article 1
for supply of the products delivered to Algiers, that is
at the moment when the goods are actually placed on
the quay or in the lighter where applicable ;                          1 . Tenders are hereby invited for the supply, by
                                                                      way of Community food-aid action to Algeria of 3 311
                                                                       tonnes of common wheat flour.
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
may relate to products mobilized anywhere within                       2. The tendering procedure shall take place in
those Member States ; whereas, in view of the currency                 France in one lot. The products shall be mobilized on
situation in the Member States and in order to ensure                  the Community market. The products shall be loaded
that the tenders are as comparable as possible, account                for departure from a Community port.
(')  OJ No   L 281 , 1 . 11 . 1975 , p. 1 .                            3 . The invitation to tender provided for in para­
(2 ) OJ No   L 184, 17 . 7 . 1980 , p. 1 .                             graph 1 is for supply of products delivered to Algiers,
(3)  OJ No   L 281 , 1 . 11 . 1975, p. 89 .
(4)  OJ No   106 , 30 . 10 . 1962, p . 2553/ 62.                       that is at the moment when the goods are actually
(5)  OJ No   L 263 , 19 . 9 . 1973 , p. 1 .                            placed on the quay or in the lighter where applicable .
 ---pagebreak---  No L 281 / 16                    Official Journal of the European Communities                            25 . 10 . 80
4. The product referred to in paragraph 1 is to be           — in the other cases, the average of the spot rates of
delivered in new sacks of a net capacity of 50 kilo­             the currencies concerned recorded in the Member
grams .                                                          State in which the invitation to tender is issued
One of the two sorts of sack nominated hereinafter               during a period from the Wednesday of one week
 may be used :                                                   to the Tuesday of the following week being the
                                                                 period immediately preceding the closing date for
— jute sacks of a minimum weight of 600 grams,                   submission of tenders .
— composite sacks jute/polypropylene of a weight of
     335 grams.                                                                     Article 4
The following shall be printed on the sacks :
                                                            The contract shall be awarded to the tenderer offering
' Farine de froment/ Don de la Communauté écono­            the best terms, taking into consideration the adjust­
mique européenne à la Republique algérienne/Pour            ment referred to in Article 3 (3).
distribution gratuite.'
                                                            However, if the tenders submitted do not appear to
To allow for the possibility of re-bagging, the             reflect normal market prices and costs, the interven­
successful tenderer shall supply 2 % of new empty           tion agency may cancel the invitation to tender.
sacks of the same quality as those containing the
goods but with the printing followed by a capital                                   Article 5
letter ' R'.
                                                             1 . The tenderer shall give security in an amount of
                        Article 2                            12 ECU per tonne of goods.
1 . The decision on tenders received in response to         It shall be released :
the invitation provided for in Article 1 shall be taken
on 7 November 1980 .                                        — in the case of all tenderers whose tenders are
                                                                 unsuccessful or are not accepted,
2.     The closing date for submission of tenders shall     — in the case of the successful tenderer, when the
be 7 November 1980 at 12 noon .
                                                                 operations concerned have been carried out within
3.     The   notice of invitation to  tender shall   be          the prescribed time limit and on submission of
published in the Official Journal of the European                the original export licence duly granted and
Communities not less than nine days before the                   endorsed by the competent authorities of the
closing date for submission of tenders.                          Member State mentioned in the tender pursuant
                                                                 to Article 3 (2),
                        Article 3                           — in the case of the successful tenderer, for quanti­
1 . The prices offered must be expressed in the                  ties not supplied by reason of force majeure.
currency of the Member State in which the invitation        2. The security required under paragraph 1 may be
to tender was issued.                                       provided in the form of a cash deposit or of a
2. Tenders must in particular mention the Member            guarantee issued by a credit institution conforming to
State in which the tenderer, in the event of his being      criteria laid down by each Member State.
declared successful, expects to complete the customs
export formalities for the products concerned.                                      Article 6
3 . For the purpose of rendering the tenders compar­        1.     The common wheat flour referred to in Article 1
able the prices shall be corrected by the monetary          to be supplied must meet the following requirements :
compensatory amount applicable on the closing date          — moisture : 14% maximum ,
for submission of tenders to exports from the Member
State mentioned in the tender pursuant to paragraph         — protein content : 10-5 % minimum (N x 6-25 on
2. Such correction shall be made by :                            dry matter),
— increasing prices which mention a Member State            — ash content : 0-52 % maximum referred to dry
                                                                 matter .
     whose currency has depreciated.
— reducing prices which mention a Member State              2. For this purpose the intervention agency of the
    whose currency has been revalued.                       country of shipment shall arrange for a check at the
The monetary compensatory amount shall, where               port at the time of loading on the nature, quality and
appropriate, be converted into the currency of the          packaging of the goods. Following inspection an
Member State in which the invitation to tender is           attestation shall be issued. The costs relating thereto
issued using :                                              shall be borne by the successful tenderer.
— in the case when the currencies concerned are             3.     Samples intended for analysis shall be taken and
     kept at any given moment within a band of              the inspection shall be carried out in accordance with
     2-25 % a conversion rate resulting from their          the trade practices in force in the country of ship­
     central rate ,                                         ment .
 ---pagebreak--- 25 . 10 . 80                       Official Journal of the European Communities                          No L 281 / 17
                         Article 7                            (a) the date of the departure of the ships, the esti­
                                                                  mated date of arrival of the products at their desti­
1 . The French intervention agency shall be respon­               nation ;
sible for organizing the invitation to tender provided
for by this Regulation .                                      (b) all possible contingencies which might occur
                                                                  during transportation of the products.
2.     It shall forthwith communicate to the Commis­
sion the list of firms which have responded to the invi­      The information indicated above shall be forwarded
tation to tender, specifying the terms of each tender,        by the intervention agency to the Commission imme­
together with the name and business name of the               diately upon receipt.
successful tenderer.
3 . Where the customs export formalities for the              5. When the intervention agency responsible for
mobilized product are completed in a Member State             the operations relating to tendering is not the interven­
other than that in which the invitation to tender is          tion agency which appoints the successful tenderer, it
issued, the intervention agency of the latter Member          shall send as soon as possible to the latter the informa­
State shall be responsible for the operations following       tion necessary for releasing the security.
tendering, including payment to the successful
tenderer.
                                                                                      Article 8
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and              As regards this tender the intervention agency is auth­
shall supply it with all the information which it may         orized to make an initial payment of 80 % of the
require.                                                      value of the quantity given in the bill of lading, on
                                                              presentation of that document and subject to the
Furthermore, the amount of the successful tender              taking of a security for an amount equal to the initial
shall be paid after it has been converted using the           payment.
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 9
relating to the tendering are completed.
4. The intervention agency shall request the                  This Regulation shall enter into force on the day of its
successful tenderer to supply the following informa­          publication in the Official Journal of the European
tion :                                                         Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 24 October 1980 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President