CELEX: 31981R3192
Language: en
Date: 1981-11-09 00:00:00
Title: Commission Regulation (EEC) No 3192/81 of 9 November 1981 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Rwanda

10 . 11 . 81                                 Official Journal of the European Communities                        No L 321 / 11
                                      COMMISSION REGULATION (EEC) No 3192/81
                                                          of 9 November 1981
               opening an invitation to tender for the mobilization of common wheat as food
                                                    aid for the Republic of Rwanda
THE COMMISSION OF THE EUROPEAN                                         Whereas, should force majeure make it impossible to
COMMUNITIES,                                                           complete the operation in question within the set
                                                                        time limits, it should be made clear who is to bear the
Having regard to the Treaty establishing the European                   liability for any resulting costs ;
Economic Community,
                                                                       Whereas provisions should be made for security to be
Having regard to Council Regulation (EEC) No                           given for the purpose of guaranteeing that the obliga­
2727/75 of 29 October 1975 on the common organiza­                      tions arising by virtue of participation in the invita­
tion of the market in cereals ( ! ), as last amended by                 tion to tender will be fulfilled ;
Regulation (EEC) No 1949 /81 (2 ), and in particular
Article 28 thereof,
                                                                       Whereas the French intervention agency should be
Having regard to Council Regulation (EEC) No                            made responsible for the tendering procedure for
2750/75 of 29 October 1975 laying down the condi­                       supply to Rwanda ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                        Whereas it is important that the Commission be
                                                                        informed without delay of the tenders submitted in
Having regard to Council Regulation No 129 of 23                        response to the invitation and of those accepted by
October 1962 on the value of the unit of account and                    the intervention agency ;
the exchange rates to be applied for the purposes of
the common agricultural policy (4), as last amended by                  Whereas the measures provided for in this Regulation
Regulation (EEC) No 2543/73 (5), and in particular                      are in accordance with the opinion of the Manage­
Article 3 thereof,                                                      ment Committee for Cereals,
Having regard to the opinion of the Monetary
Committee,
                                                                        HAS ADOPTED THIS REGULATION :
Whereas, on 19 May 1981 , the Council of the Euro­
pean Communities declared that by way of Commu­
nity action it proposed to grant Rwanda 2 000 tonnes                                             Article 1
of    common        wheat       under        its   1981    food-aid
programme ;                                                              1 . Tenders are hereby invited for the supply, by
                                                                        way of Community food-aid action to the Republic of
Whereas an analysis of the state of the cereals market                  Rwanda of 2 000 tonnes of common wheat.
with reference to cereals intervention in France indi­
cates that the criteria of Article 3 (2) of Regulation                  2. The tendering procedure shall take place in
(EEC) No 2750/75 should be applied and that the                         France in two lots of 1 000 tonnes. The product shall
intervention agency of the Member State as specified                    be mobilized by the French intervention agency from
should mobilize the cereals from those stocked in its                   the stores specified in the Annex . Shipment shall be
own stores and should also determine the conditions                     from a Community port.
of mobilization ;
                                                                         3 . The invitation to tender provided for in para­
Whereas the proposed invitation to tender should be                     graph I is for supply of products delivered to Mom­
for supply of the products delivered to Mombasa/                        basa/ Dar es Salaam , that is at the moment when the
 Dares Salaam , that is at the moment when the goods                    goods are actually placed on the quay or in the lighter
are actually placed on the quay or in the lighter where                 where applicable .
applicable ;
Whereas the award under the invitation to tender                        4. The successful tenderer shall deliver the product
must be made in favour of the tenderer offering the                      specified in paragraph 1 in new jute sacks of a net
best terms ;
                                                                        capacity of 50 kilograms .
(')  OJ  No  L 281 , 1 . 11 . 1975, p . 1 .
                                                                         Minimum weight of the sacks shall be 600 grams. The
(t ) OJ  No  L 198 , 20 . 7. 1981 , p . 2 .                              following shall be printed on the sacks :
( 3) OJ  No  L 281 , 1 . 11 . 1975, p . 89 .
(«)  OJ  No  106, 30 . 10 . 1962, p . 2553/ 62 .                          Froment tendre/ Don de la Communauté économique
(5 ) OJ  No  L 263 , 19 . 9 . 1973 , p . 1 .                             européenne au Rwanda .'
 ---pagebreak--- No L 321 / 12                     Official Journal of the European Communities                             10 . 11 . 81
To allow for the possibility of rebagging, the               pond at least to the bread-making quality required for
successful tenderer shall supply 2 % of new empty            intervention except that the moisture content shall
sacks, of the same quality as those containing the           not exceed 15-5 % .
goods but with the printing followed by a capital
letter 'R'.                                                  2. For this purpose the intervention agency of the
                                                            country of shipment shall arrange for a check at the
                        Article 2                            port at the time of loading on the nature, quality and
                                                             packaging of the goods . Following inspection an attes­
1 . The decision on tenders received in response to          tation shall be issued. The costs relating thereto shall
the invitation provided for in Article 1 shall be taken      be borne by the intervention agency.
on 20 November 1981 .
                                                             3 . Samples intended for analysis shall be taken and
2.     The closing date for submission of tenders shall      the inspection shall be carried out in accordance with
be 20 November 1981 at 12 noon .
                                                             the trade practices in force in the country of ship­
                                                             ment .
3.     The notice of invitation to tender shall be
published in the Official Journal of the European
Communities not less than nine days before the                                        Article 7
closing date for submission of tenders .
                                                             1 . The French intervention agency shall be respon­
                        Article 3                            sible for organizing the invitation to tender provided
                                                             for by this Regulation and the payment to the
The prices offered must be expressed in the currency         successful tenderer.
of the Member State in which the invitation to tender
was issued .                                                 2.     It shall forthwith communicate to the Commis­
                                                             sion the list of firms which have responded to the invi­
                        Article 4                            tation to tender, specifying the terms of each tender,
                                                             together with the name and business name of the
The contract shall be awarded to the tenderer offering       successful tenderer.
the best terms .
However, if the tenders submitted do not appear to           3 . The intervention agency shall request the
reflect normal market prices and costs, the interven­        successful tenderer to supply the following informa­
                                                             tion :
tion agency, with the agreement of the Commission,
may refuse the tenders .                                     (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
                        Article 5                                 and the type of packing ;
                                                             (b) the date of the departure of the ships, the esti­
 1 . The tenderer shall give security in an amount of             mated date of arrival of the products at their desti­
6 ECU per tonne of goods .                                        nation ;
It shall be released :                                       (c) all possible contingencies which might occur
— in the case of all tenderers whose tenders are                  during transportation of the products .
     unsuccessful or are not accepted,
                                                             The information indicated above shall be forwarded
— in the case of the successful tenderer, when the
                                                             by the intervention agency to the Commission imme­
     operations concerned have been carried out within       diately upon receipt.
     the prescribed time limit and on submission of
     the original export licence duly granted and
     endorsed by the competent authorities of the                                     Article 8
     Member State mentioned in the tender pursuant
     to Article 3 ,                                          As regards this tender the intervention agency is auth­
— in the case of the successful tenderer for quantities      orized to make an initial payment of 80 % of the
     not supplied by reason of force majeure,                value of the quantity given in the bill of loading, on
                                                             presentation of that document and subject to the
2. The security required under paragraph 1 may be            taking of a security for an amount equal to the initial
 provided in the form of a cash deposit or of a guar­         payment .
antee issued by a credit institution conforming to
criteria laid down by each Member State .
                                                                                      Article 9
                        Article 6
                                                             This Regulation shall enter into force on the day of its
 1.    The common wheat referred to in Article 1 must         publication in the Official Journal of the European
be of fair and sound merchantable quality and corres­         Communities.
 ---pagebreak--- 10 . 11 . 81                    Official Journal of the European Communities                      No L 321 / 13
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 9 November 1981 .
                                                                    For the Commission
                                                                      Poul DALSAGER
                                                                Member of the Commission
 ---pagebreak--- No L 321 / 14                              Official Journal of the European Communities                                10 . 11 . 81
                   BILAG — ANHANG — FiAPAPTHMA — ANNEX — ANNEXE — ALLEGATO — BIJLAGE
   Partiets nummer       Indskibningshavn        Mængde (t)            Lagerindehaverens navn og adresse        Lagerplads
  Nummer der Partie     Verschiffungshafen        Menge (t)           Name und Adresse des Lagerhalters    Ort der Lagerhaltung
 'Αριθμός παρτίδων     Λιμένας φορτώσεως           Τόνοι            Όνομα καί διεύθυνση έναποθηκευτοΟ     Τόπος άπο3ηκεύσεως
    Number of lot        Port of shipment         Tonnage                       Address of store          Town at which stored
   Numéro du lot       Port d'embarquement        Tonnage                 Nom et adresse du stockeur         Lieu de stockage
 Numero della partita     Porto d'imbarco       Tonnellaggio            Nome e indirizzo del detentore   Luogo di accantonamento
 Nummer van de partij   Haven van inlading     Hoeveelheid (t)        Naam en adres van de depothouder   Adres van de opslagplaats
            1          Fællesskabshavne           1 000 t         SICA des agriculteurs de l'Adour
                       Hafen der                                  Avenue Gaston Phoebus
                       Gemeinschaft                               F-64230 Lesear                           Solferino (40)
                       Κοινοτικός
                       λιμένας
            2                                     1 000 t         SICA des agriculteurs de l'Adour
                       Community port                             Avenue Gaston Phoebus
                       Port de la                                 F-64230 Lesear
                       Communauté                                                                          Solferino (40)
                       Porto della
                       Comunità
                       Haven van de
                       Gemeenschap