CELEX: 31980R0630
Language: en
Date: 1980-03-14 00:00:00
Title: Commission Regulation (EEC) No 630/80 of 14 March 1980 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Mali

15 . 3 . 80                             Official Journal of the European Communities                         No L 69 / 29
                                   COMMISSION REGULATION (EEC) No 630/80
                                                       of 14 March 1980
               opening an invitation to tender for the mobilization of maize as food aid for the
                                                       Republic of Mali
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 ( J), as last amended by             majeure the operation in question is not completed
Regulation (EEC) No 1547/79 (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 for the purpose of guaranteeing that the obliga­
tions for the mobilization of cereals as food aid (3), and        tions arising by virtue of participation in the invita­
in particular Article 6 thereof,                                  tion to tender for supplies to the Republic of Mali will
                                                                  be fulfilled ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to            Whereas the French intervention agency should be
be applied for the purposes of the common agricul­                made responsible for the tendering procedure in ques­
tural policy (4), as last amended by Regulation (EEC)             tion ;
No 2543/73 (5), and in particular Article 3 thereof,
                                                                  Whereas it is important that the Commission be
Having regard to the opinion of the Monetary                      informed without delay of the tenders submitted in
Committee ,
                                                                  response to the invitation and of those accepted by
                                                                  the intervention agency ;
Whereas on 8 May 1979 the Council of the European
Communities declared that by way of Community
action it proposed to grant the Republic of Mali 3 000            Whereas the measures provided for in this Regulation
tonnes      of  maize     under     its    1978 /79  food-aid     are in accordance with the opinion of the Manage­
                                                                  ment Committee for Cereals,
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                 HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products delivered to Abidjan, that is                                 Article 1
at the moment when the goods are ctually placed on
the quay or in the lighter where applicable ;
                                                                   1 . Tenders are hereby invited for the supply to the
                                                                   Republic of Mali by way of Community food-aid
Whereas tenders may be submitted by tenderers esta­                action of 3 000 tonnes of maize .
blished in any Member State of the Community and
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency            2. The tendering procedure shall take place in
situation in the Member States and in order to ensure              France in one lot. The products shall be mobilized on
that the tenders are as comparable as possible, account            the Community market. The products shall be loaded
should be taken of the effect on each tender of the                for loaded from a Community port.
(!) OJ No L 281 , 1 . 11 . 1975, p. 1 .                            3 . The invitation to tender provided for in para­
I2) OJ No L 188, 26. 7. 1979, p. 1 .                              graph 1 is for supply of products delivered to Abidjan
 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 . 19 73 , p. 1 .                            placed on the quay or in the lighter where applicable.
 ---pagebreak---  No L 69/ 30                       Official Journal of the European Communities                             15. 3 . 80
 4. The successful tenderer shall deliver the product                                  Article 4
 specified in paragraph 1 in new jute sacks of a net
 capacity of 50 kilograms.                                    The contract shall be awarded to the tenderer offering
                                                              the best terms, taking into consideration the adjust­
 Minimum weight of the sacks shall be 600 grams. The          ment referred to in Article 3 (3).
 following shall be printed on the sacks :
  Maïs / Don de la Communauté économique euro­                However, if the tenders submitted do not appear to
                                                              reflect normal market prices and costs, the interven­
 péenne à la république du Mali '.
                                                              tion agency may cancel the invitation to tender.
To allow for the possibility of re-bagging, the
 successful tenderer shall supply 2 % of new empty                                    Article 5
sacks, of the same quality as those containing the
goods but with the printing followed by a capital             1 . The tenderer shall give security in an amount of
letter ' R'.                                                 6 ECU per tonne of goods.
                                                             It shall be released :
                        Article 2
                                                             — in the case of all tenderers whose tenders are
 1 . The decision on tenders received in response to              unsuccessful or are not accepted,
the invitation provided for in Article 1 shall be taken
on 28 March 1980 .
                                                             — in the case of the successful tenderer, when the
                                                                  operations concerned have been carried out within
2.     The closing date for submission of tenders shall           the prescribed time limit and on submission of
be 28 March 1980 at 12 noon .                                     the original export licence duly granted and
3.     The   notice of  invitation to  tender shall  be           endorsed by the competent authorities of the
published in the Official Journal of the European                 Member State mentioned in the tender pursuant
Communities not less than nine days before the                    to Article 3 (2),
closing date for submission of tenders.                      — in the case of the successful tenderer, for quanti­
                                                                  ties not supplied by reason of force majeure.
                        Article 3
                                                             2. The security required under paragraph 1 may be
1 . The prices offered must be expressed in the              provided in the form of a cash deposit or of a
currency of the Member State in which the invitation         guarantee issued by a credit institution conforming to
to tender was issued.                                        criteria laid down by each Member State.
2. Tenders must in particular mention the Member
                                                                                      Article 6
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs         The maize referred to in Article 1 must be of fair and
export formalities for the products concerned .              sound merchantable quality and correspond at least to
3.     For the purpose of rendering the tenders compar­      the standard quality for which the intervention price
                                                             is fixed .
able the prices shall be corrected by the monetary
compensatory amount applicable on the closing date
for submission of tenders to exports from the Member                                  Article 7
State mentioned in the tender pursuant to paragraph
2. Such correction shall be made by :                        1 . The French intervention agency shall be respon­
                                                             sible for organizing the invitation to tender provided
— increasing prices which mention a Member State             for by this Regulation .
     whose currency has depreciated,
                                                             2.     It shall forthwith communicate to the Commis­
— reducing prices which mention a Member State
     whose currency has been revalued .                      sion the list of firms which have responded to the invi­
                                                             tation to tender, specifying the terms of each tender,
The monetary compensatory amount shall, where                together with the name and business name of the
appropriate, be converted into the currency of the           successful tenderer.
Member State in which the invitation to tender is
issued using :                                               3 . Where the customs export formalities for the
— in the case when the currencies concerned are              mobilized product are completed in a Member State
                                                             other than that in which the invitation to tender is
     kept at any given moment within a band of               issued, the intervention agency of the latter Member
     2-25 % , a conversion rate resulting from their
                                                             State shall be responsible for the operations following
     central rate ,
                                                             tendering, including payment to the successful
— in the other cases, the average of the spot rates of       tenderer.
     the currencies concerned rcorded in the Member
     State in which the invitation to tender is issued       In such case, the intervention agency choosing the
     during a period from the Wednesday of one week          successful tenderer shall immediately inform the inter­
     to the Tuesday of the following week being the          vention agency of the Member State concerned and
     period immediately preceding the closing date for       shall supply it with all the information which it may
     submission of tenders .                                 require.
 ---pagebreak--- 15 . 3 . 80                        Official Journal of the European Communities                           No L 69 /31
Furthermore, the amount of the successful tender             5.    When the intervention agency responsible for
shall be paid after it has been converted using the          the operations relating to tendering is not the interven­
average of the spot rates referred to in the second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (3) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security.
relating to the tendering are completed .
4. The intervention agency shall request the                                         Article 8
successful tenderer to supply the following informa­
tion :
                                                             As regards this tender the intervention agency is auth­
(a) after each shipment, a statement giving details of       orized to make an initial payment of 80 % of the
     the quantities loaded, the quality of the products      value of the quantity given in the bill of lading, on
     and the type of packing ;                                presentation of that document and subject to the
(b) the date of the departure of the ships, the esti­         taking of a security for an amount equal to the initial
     mated date of arrival of the products at their desti­    payment.
     nation ;
(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, 14 March 1980 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President