CELEX: 31980R1928
Language: en
Date: 1980-07-18 00:00:00
Title: Commission Regulation (EEC) No 1928/80 of 18 July 1980 opening an invitation to tender for the mobilization of maize as food aid for the United Nations High Commissioner for Refugees

19 . 7 . 80                            Official Journal of the European Communities                        No L 186/29
                                  COMMISSION REGULATION (EEC) No 1928/80
                                                       of 18 July 1980
              opening an invitation to tender for the mobilization of maize as food aid for the
                                 United Nations High Commissioner for Refugees
THE COMMISSION OF THE EUROPEAN                                   currency situation in the Member State in which the
COMMUNITIES,                                                     customs export formalities will be completed ;
Having regard to the Treaty establishing the European            Whereas the contract should be awarded to the
Economic Community,                                              tenderer who makes the best offer ;
Having regard to Council Regulation (EEC) No                     Whereas it must be made clear who is to bear any
2727/75 of 29 October 1975 on the common organiza­               costs which arise in the event that for reasons of force
tion of the market in cereals (*), as last amended by             majeure the operation in question is not completed
Regulation (EEC) No 1 547/79 (2),                                within the time stipulated ;
Having regard to Council Regulation (EEC) No                     Whereas provision should be made for security to be
2750/75 of 29 October 1975 laying down the condi­                given to guarantee fulfilment of the obligations arising
tions for the mobilization of cereals as food aid (3), and       by virtue of participation in the invitation to tender ;
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)
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
                                                                  response to the invitation and of those accepted by
Having regard to the opinion of the Monetary                      the intervention agency ;
Committee,
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
                                                                  ment Committee for Cereals.
nity action it proposed to grant the United Nations
High Commissioner for Refugees 5 000 tonnes of
maize under its 1979/80 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­              HAS ADOPTED THIS REGULATION :
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
for supply of the products delivered to Mogadishu,
that is at the moment when the goods are actually                  1.    Tenders are hereby invited for the supply, by
placed on the quay or in the lighter where applicable ;           way of Community food-aid action to the United
                                                                  Nations High Commissioner for Refugees of 5 000
                                                                  tonnes of maize .
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.
should be taken of the effect on each tender of the
                                                                  3 . The invitation to tender provided for in para­
(•) OJ No L 281 , 1.11 . 1975 , p. 1 .                            graph 1 is for supply of products delivered to Moga­
\2) OJ No L 188, 26. 7. 1979, p. 1 .                              dishu, that is at the moment when the goods are actu­
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .
(<) OJ No 106, 30 . 10 . 1962, p. 2553 /62.                       ally placed on the quay or in the lighter where appli­
(>) OJ No L 263, 19. 9. 1973, p. 1 .                              cable .
 ---pagebreak--- No L 186/30                        Official Journal of the European Communities                              19 . 7 . 80
4. The successful tenderer shall deliver the product               during a period from the Wednesday of one week
specified in paragraph 1 in new jute sacks of a net                to the Tuesday of the following week being the
capacity of 50 kilograms.                                          period immediately preceding the closing date for
                                                                   submission of tenders .
Minimum weight of the sacks shall be 600 grams. The
following shall be printed on the sacks :                                               Article 4
'Maize / Gift of the European Economic Community
to the United Nations High Commissioner for Refu­            The contract shall be awarded to the tenderer offering
gees / Somalia programme'.                                   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 the 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       It shall be released :
on 1 August 1980 .                                           — in the case of all tenderers whose tenders are
2. The closing date for submission of tenders shall                unsuccessful or are not accepted,
be 1 August 1980 af 12 noon .                                 — in the case of the successful tenderer, when the
 3.    The notice of invitation to tender shall be                 operations concerned have been carried out within
                                                                   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         The maize referred to in Article 1 must be of fair and
 able the prices shall be corrected by the monetary           sound merchantable quality and correspond at least to
 compensatory amount applicable on the closing date           the standard quality for which the intervention price
 for submission of tenders to exports from the Member         is fixed .
 State mentioned in the tender pursuant to paragraph
 2. Such correction shall be made by :                                                  Article 7
 — increasing prices which mention a Member State              1 . The French intervention agency shall be respon­
     whose currency has depreciated,                          sible for organizing the invitation to tender provided
 — reducing prices which mention a Member State               for by this Regulation .
     whose currency has been revalued .
                                                              2.      It shall forthwith communicate to the Commis­
 The monetary compensatory amount shall , where               sion the list of firms which have responded to the invi­
 appropriate, be converted into the currency of the           tation to tender, specifying the terms of each tender,
 Member State in which the invitation to tender is            together with the name and business name of the
 issued using :                                               successful tenderer.
 — in the case when the currencies concerned are              3.      Where the customs export formalities for the
     kept at any given moment within a band of                 mobilized product are completed in a Member State
     2-25 % , a conversion rate resulting from their          other than that in which the invitation to tender is
     central rate ,                                            issued, the intervention agency of the latter Member
 — in the other cases, the average of the spot rates of        State shall be responsible for the operations following
      the currencies concerned recorded in the Member          tendering, including payment to the successful
      State in which the invitation to tender is issued        tenderer .
 ---pagebreak--- 19 . 7. 80                         Official Journal of the European Communities                         No L 186/31
In such case, the intervention agency choosing the           The information indicated above shall be forwarded
successful tenderer shall immediately inform the inter­      by the intervention agency to the Commission imme­
vention agency of the Member State concerned and             diately upon receipt.
shall supply it with all the information which it may
require.                                                     5. When the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
Furthermore, the amount of the successful tender             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
                                                                                     Article 8
relating to the tendering are completed.
4. The intervention agency shall request the                 As regards this tender the intervention agency is
successful tenderer to supply the following informa­         authorized to make an initial payment of 80 % of the
tion :                                                       value of the quantity given in the bill of lading, on
                                                             presentation of that document and subject to the
(a) after each shipment, a statement giving details of       taking of a security for an amount equal to the initial
     the quantities loaded, the quality of the products
                                                             payment.
     and the type of packing ;
(b) the date of the departure of the ships, the esti­                                Article 9
     mated date of arrival of the products at their desti­
     nation ;                                                This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur              publication in the Official Journal of the European
     during transportation of the products.                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 18 July 1980.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President