CELEX: 31980R1929
Language: en
Date: 1980-07-18 00:00:00
Title: Commission Regulation (EEC) No 1929/80 of 18 July 1980 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Hashemite Kingdom of Jordan

No L 186/32                                Official Journal of the European Communities                             19 . 7. 80
                                      COMMISSION REGULATION (EEC) No 1929/80
                                                           of 18 July 1980
                opening an invitation to tender for the mobilization of common wheat flour as
                                       food aid for the Hashemite Kingdom of Jordan
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 ('), as last amended by                 costs which arise in the event that for reasons of force
Regulation (EEC) No 1547/79 (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 obligations arising by
in particular Article 6 thereof,                                      virtue of participation in the invitation to tender for
                                                                      the supply of goods to Jordan ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to
                                                                      Whereas the Dutch intervention agency should be
be applied for the purposes of the common agricul­                    made responsible for organizing the invitation to
tural policy (4), as last amended by Regulation (EEC)                 tender ;
No 2543/73 (5), and in particular Article 3 thereof,
Having regard to the opinion of the Monetary                          Whereas it is important that the Commission be
Committee,                                                            informed without delay of the tenders submitted in
                                                                      response to the invitation and of those accepted by
                                                                      the intervention agency ;
Whereas on 28 May 1980 the Council of the Euro­
pean Communities declared that by way of Commu­
nity action it proposed to grant to Jordan the equiva­                Whereas the measures provided for in this Regulation
lent of 14 000 tonnes of common wheat, in the form                    are in accordance with the opinion of the Manage­
of flour, i.e. 9 272 tonnes of common wheat flour,                    ment Committee for Cereals,
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 ADOPTED THIS REGULATION :
anywhere on the Community market ;
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of                                        Article 1
 the vessel , the goods to be set down at the place nomi­
 nated by recipient or its agent ;                                     1 . An invitation to tender shall be issued in respect
                                                                       of the supply of 9 272 tonnes of common wheat flour
Whereas tenders may be submitted by tenderers                          to Jordan by way of Community food-aid action .
estblished in any Member State of the Community
 and may relate to products mobilized anywhere within                  2. The tendering procedure shall take place in the
 those Member States ; whereas, in view of the currency                Kingdom of the Netherlands and shall be in respect
situation in the Member States and in order to ensure
                                                                       of a single lot.
 that the tenders are as comparable as possible, account
(')   OJ No   L 281 , 1 . 11 . 1975, p. 1 .                            3.    The goods shall be mobilized on the Commu­
 (2 ) OJ No   L 188 , 26. 7 . 1979 , p . 1 .                           nity market.
 (} ) OJ No   L 281 , 1 . 11 . 1975, p . 89 .
 (4)  OJ No   106, 30 . 10 . 1962, p . 2553 /62.
 (5 ) OJ No   L 263 , 19 . 9 . 1973 , p. 1 .                           4.    Shipment shall be from a Community port.
 ---pagebreak--- 19. 7. 80                        Official Journal of the European Communities                         No L 186/33
5.    The product referred to in paragraph 1 is to be            2-25 % , a conversion rate resulting from their
delivered in new cotton sacks of a net capacity of 50           central rate,
kilograms to the port of shipment in the vicinity of       — in the other cases, the average of the spot rates of
the vessel . The goods must be set down at the place             the currencies concerned recorded in the Member
nominated by the recipient country or its agent, the             State in which the invitation to tender is issued
timing of delivery being settled by the tenderer and             during a period from the Wednesday of one week
the recipient country's agent.                                   to the Tuesday of the following week being the
                                                                 period immediately preceding the closing date for
6.    The following shall be printed on the sacks :              submission of tenders.
'Wheat flour / Gift of the European Economic
Community to Jordan / For free distribution'.                                       Article 4
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty          The contract shall be awarded to the tenderer offering
sacks, of the same quality as those containing the
                                                            the best terms, taking into consideration the adjust­
                                                            ment referred to in Article 3 (3).
goods but with the printing followed by a capital
letter ' R'.
                                                            However, if the tenders submitted do not appear to
                                                            reflect normal market prices and costs, the interven­
                       Article 2                            tion agency may cancel the invitation to tender.
 1 . The award of the contract shall take place on 1                                Article 5
August 1980.
                                                            1 . The tenderer shall give security in a amount of
2. The closing date for submission of tenders shall         12 ECU per tonne of goods.
be 1 August 1980 at 12 noon .
                                                            It shall be released :
3.    The notice of invitation     to tender shall  be
published in the Official Journal of the European           — in the case of all tenderers whose tenders are
 Communities not less than nine days before the                  unsuccessful or are not accepted,
closing date for submission of tenders.                     — in the case of the successful tenderer, when the
                                                                 operations concerned have been carried out within
                       Article 3                                 the prescribed time limit and on submission of
                                                                 the original export licence duly granted and
 1 . The prices offered must be expressed in the                 endorsed by the competent authorities of the
currency of the Member State in which the invitation             Member State mentioned in the tender pursuant
to tender was issued .                                           to Article 3 (2),
                                                            — in the case of the successful tenderer for quantities
2. Tenders must in particular mention the Member                 not supplied by reason of force majeure.
State in which the tenderer, in the event of his being
declared successful, expects to c.plete the customs         2. The security required under paragraph 1 may be
export formalities for the products concerned.              provided in the form of a cash deposit or of a
                                                            guarantee issued by a credit institution conforming to
 3 . For the purpose of rendering the tenders compar­       criteria laid down by each Member State.
able, the prices shall be corected by the monetary
compensatory amount applicable on the closing date
 for submission of tenders to exports from the Member                               Article 6
 State mentioned in the tender pursuant to paragraph
 2. Such correction shall be made by :                       1 . The goods referred to in Article 1 which are to
                                                            be supplied to Jordan must meet the following
— increasing prices which mention a Member State            requirements :
     whose currency has depreciated,
                                                            common wheat flour :
— reducing prices which mention a Member State
     whose currency has been revalued.                      — moisture content : 14% maximum ,
                                                            — acidity : 4 ml NaOH /n maximum per 100 g (calcu­
The monetary compensatory amount shall, where                    lated on the dry matter),
 appropriate, be converted into the currency of the
 Member State in which the invitation to tender is          — ash content : 0 52 % maximum on the dry matter.
 issued using :
                                                            If the goods referred to in Article 1 do not meet the
 — in the case when the currencies concerned are            foregoing requirements they shall be rejected and the
     kept at any given moment within a band of              successful tenderer shall be owner thereof.
 ---pagebreak--- No L 186/34                        Official Journal of the European Communities                             19 . 7. 80
2. Tenders for supply to Jordan of the goods                 of the spot rates referred to in the second subpara­
referred to in Article 1 must relate to products with        graph of Article 3 (3) to the tenderer in the currency
the following characteristics :                              of the Member State in which the operations relating
common wheat flour :                                         to the tendering are completed.
— moisture content : 14% maximum,                            4. The intervention agency shall request the
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­            successful tenderer to supply the following informa­
                                                             tion :
    lated on the dry matter),
— ash content : 0-52 % maximum on the dry matter.            (a) after each shipment a certificate showing the quan­
                                                                 tities dispatched and the quality of the products ;
                        Article 7                            (b) the date of departure of the vessels.
1 . The Dutch intervention agency shall be respon­           The information indicated above shall be forwarded
sible for operations relating to the invitation to tender    by the intervention agency to the Commission imme­
provided for by this Regulation.                             diately upon receipt.
2.    It shall forthwith communicate to the Commi­           5. When the agency responsible for the operations
sion the list of firms which have responded to the invi­     relating to tendering is not the intervention agency
tation to tender, specifying the terms of each tender,       which appoints the successful tenderer, it shall send as
together with the name and business name of the              soon as possible to the latter the information neces­
successful tenderer.                                         sary for releasing the security.
3 . Where the customs export formalities for the
                                                                                      Article 8
mobilized product are completed in a Member State
other than that in which the invitation to tender is
                                                             On delivery of the goods at the port of shipment, a
issued, the intervention agency of the latter Member         handing-over certificate shall be supplied to the
State shall be responsible for the operations following      successful tender, acting as agent for the Community,
tendering, including payment to the successful               by the agent of the recipient country or, in the
tenderer.
                                                             absence of the latter, by the intervention agency of the
In such case, the intervention agency choosing the           Member State in whose territory the port of shipment
                                                             is situated .
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and
shall supply it with all the information which it may                                 Article 9
require .
                                                             This Regulation shall enter into force on the day of its
Furthermore, the amount of the sucessful tender shall        publication in the Official Journal of the European
be paid after it has been converted using the average        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