CELEX: 31980R0102
Language: en
Date: 1980-01-18
Title: Commission Regulation (EEC) No 102/80 of 18 January 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Zaire

No L 14/ 14                            Official Journal of the European Communities                             19 . 1 . 80
                                  COMMISSION REGULATION (EEC) No 102/80
                                                     of 18 January 1980
              opening an invitation to tender for the mobilization of common wheat as food
                                                aid for the Republic of Zaire
THE COMMISSION OF THE EUROPEAN                                   time limits , it should be made clear who is to bear the
COMMUNITIES,                                                     liability for any resulting costs ;
Having regard to the Treaty establishing the European            Whereas provisions should be made for security to be
Economic Community,
                                                                 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
2727/75 of 29 October 1975 on the common organiza­               tion to tender for supplies to Zaire will be fulfilled ;
tion of the market in cereals (*), as last amended by
Regulation (EEC) No 1 547/79 (2),                                Whereas the French intervention agency should be
                                                                  made responsible for the tendering procedure in ques­
Having regard to Council Regulation (EEC) No                     tion ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and       Whereas the Commission must be informed quickly
in particular Article 6 thereof,                                  of the tenders submitted in response to the invitation
Having regard to Council Regulation No 129 on the                 and of those accepted by the intervention agency ;
value of the unit of account and the exchange rates to
be applied for the purposes of the common agricul­               Whereas the measures provided for in this Regulation
tural policy (4), as last amended by Regulation (EEC)             are in accordance with the opinion of the Manage­
                                                                  ment Committee for Cereals,
No 2543/73 (5), and in particular Article 3 thereof,
Having regard to the opinion of the Monetary
Committee ,
                                                                  HAS ADOPTED THIS REGULATION :
Whereas on 8 May 1979 the Council of the European
Communities declared that by way of Community
                                                                                          Article 1
action it proposed to grant Zaire 10 000 tonnes of
common        wheat    under      its    1978 /79    food-aid
programme ;
                                                                  1 . Tenders are hereby invited for the supply to the
                                                                  Republic of Zaire by way of Community food-aid
Whereas pursuant to Article 3 (3) of Council Regula­              action of 10 000 tonnes of common wheat.
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                2. The tendering procedure shall take place in
                                                                  France in five lots. The product shall be mobilized on
Whereas the proposed invitation to tender should be
                                                                  the Community market. The product shall be loaded
for supply of the products placed on the quay at the
                                                                  for departure from any Community port.
port of unloading ;
Whereas tenders may be submitted by tenderers esta­               3 . The invitation to tender provided for in para­
blished in any Member State of the Community and                  graph 1 is for supply of products delivered to Matadi
 may relate to products mobilized anywhere within                 that is at the moment when the goods are actually
those Member States ; whereas, in view of the currency            placed on the quay or in the lighter where applicable .
situation in the Member States and in order to ensure
 that the tenders are as comparable as possible, account          4.    The product shall be delivered in bulk.
 should be taken of the effect on each tender of the
 currency situation in the Member State in which the                                      Article 2
 customs export formalities will be completed ;
 Whereas the award under the invitation to tender                  1 . The decision on tenders received in response to
 must be made in favour of the tenderer offering the              the invitation provided for in Article 1 shall be taken
 best terms ;                                                     on 1 February 1980 .
 Whereas, should force majeure make it impossible to               2.    The closing date for submission of tenders shall
 complete the operation in question within the set                be 1 February 1980 at 12 noon .
(!) OJ No L 281 , 1 . 11 . 1975, p. 1 .                            3.    The   notice  of  invitation to tender shall     be
\2) OJ No L 188, 26. 7. 1979, p. 1 .                               published in the Official Journal of the European
P ) OJ No L 281 , 1 . 11 . 1975, p. 89 .
(«) OJ No 106, 30. 10. 1962, p. 2553/62.                           Communities not less than nine days before the
 (5) OJ No L 263, 19 . 9 . 1973, p. 1 .                            closing date for submission of tenders.
 ---pagebreak--- 19 . 1 . 80                        Official Journal of the European Communities                           No L 14/ 15
                        Article 3                            — in the case of the successful tenderer, when the
                                                                   operations concerned have been carried out within
1 . The prices offered must be expressed in the                    the prescribed time limit and on submission of
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 quantities
declared successful, expects to complete the customs               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 :
— increasing prices which mention a Member State              The common wheat referred to in Article 1 to be
     whose currency has depreciated,                          supplied to Zaire must be of fair and sound merchan­
— reducing prices which mention a Member State                table quality and correspond at least to the standard
     whose currency has been revalued .                       quality for which the intervention price is fixed,
                                                              except that the moisture content shall not exceed
Such monetary compensatory amount shall , where               14 % and that a maximum of 3 % of sprouted grains
appropriate, be converted into the currency of the            and 1-5% of miscellaneous impurities shall be
Member State in which the invitation to tender is             allowed .
issued using :
— in the case when the currencies concerned are                                         Article 7
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their
                                                               1 . The French intervention agency shall be respon­
     central rate,
                                                              sible for organizing the invitation to tender provided
— in other cases, the average of the spot rates of the        for by this Regulation .
     currencies concerned, recorded in the Member
     State in which the invitation to tender is issued        2.      It shall forthwith communicate to the Commis­
     during a period from the Wednesday of one week           sion the list of firms which have responded to the invi­
     to the Tuesday of the following week being the           tation to tender, specifying the terms of each tender,
     period immediately preceding the closing date for        together with the name and business name of the
     submission of tenders .                                  successful tenderer.
                         Article 4
                                                              3 . Where the customs export formalities for the
                                                              mobilized product are completed in a Member State
                                                              other than that in which the invitation to tender is
 The contract shall be awarded to the tenderer offering        issued, the intervenion agency of the latter Member
 the best terms, taking into consideration the adjust­        State shall be responsible for the operations following
 ment referred to in Article 3 (3).                            tendering, including payment to the successful
                                                               tenderer.
 However, if the tenders submitted do not appear to
 reflect normal market prices and costs, the interven­
                                                               In such case, the intervention agency choosing the
 tion agency may cancel the invitation to tender.              successful tenderer shall immediately inform the inter­
                                                               vention agency of the Member State concerned and
                         Article 5                             shall supply it with all the information which it may
                                                               require.
 1.     The tenderer shall give security in an amount of
                                                                Furthermore , the amount of the successful tender
 6 ECU per tonne of goods .
                                                               shall be paid after it has been converted using the
 It shall be released :                                        average of the spot rates referred to in the second
                                                               subparagraph of Article 3 (3) to the tenderer in the
 — in the case of all tenderers whose tenders are              currency of the Member State in which the operations
      unsuccessful or are not accepted.                         relating to the tendering are completed .
 ---pagebreak--- No L 14/ 16                        Official Journal of the European Communities                              19 . 1 . 80
4. The intervention agency shall request the                 shall send as soon as possible to the latter the informa­
successful tenderer to supply the following informa­         tion necessary for releasing the security.
tion :
                                                                                     Article 8
(a) after each shipment a certificate showing the quan­
    tities dispatched and the quality of the products ;      As regards this tender, the intervention agency is
(b) the date of departure of the ships ;                     authorized to make an initial payment of 80 % of the
(c) all possible contingencies which might occur             value of the quantity given in the bill of lading, on
    during transportation of the products .                  presentation of that document and subject to the
                                                             taking of a security for an amount equal to the initial
The information indicated above shall be forwarded           payment.
by the intervention agency to the Commission imme­
diately upon receipt.                                                                Article 9
5 . When the intervention agency responsible for             This Regulation shall enter into force on the day of its
the operations relating to tendering is not the interven­    publication in the Official Journal of the European
tion agency which appoints the successful tenderer, it        Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 18 January 1980 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President