CELEX: 31980R2385
Language: en
Date: 1980-09-15 00:00:00
Title: Commission Regulation (EEC) No 2385/80 of 15 September 1980 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Zambia

No L 244/8                             Official Journal of the European Communities                            16. 9 . 80
                                  COMMISSION REGULATION (EEC) No 2385/80
                                                    of 15 September 1980
              opening an invitation to tender for the mobilization of maize as food aid for the
                                                     Republic of Zambia
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 1 870/80 (2),                                 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 for the purpose of guaranteeing that the obliga­
in particular Article 6 thereof,                                  tions arising by virtue of participation in the invita­
                                                                  tion to tender 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 28 May 1980 the Council of the Euro­
pean Communities declared that by way of Commu­                   Whereas the measures provided for in this Regulation
nity action it proposed to grant the Republic of                  are in accordance with the opinion of the Manage­
Zambia 10 000 tonnes of maize under its 1979/80                   ment Committee for Cereals,
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 the proposed invitation to tender should be
for supply of the products delivered to Durban, that is                                  Article 1
at the moment when the goods are actually placed on
the quay or in the lighter where applicable ;
                                                                  1 . Tenders are hereby invited for the supply to the
                                                                  Republic of Zambia, by way of Community food-aid
Whereas tenders may be submitted by tenderers estab­              action, of 1 0 000 tonnes of maize.
lished 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 1 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 departure from a Community port.
(») OJ No L 281 , 1 . 11 . 1975, p. 1 .                           3. The invitation to tender provided for in para­
$ OJ No L 184, 17. 7. 1980, p. 1 .                                graph 1 is for supply of products delivered to Durban,
(>) OJ No L 281 , 1 . 11 . 1975, p. 89.
    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. 1973, p. 1 .                              placed on the quay or in the lighter where applicable.
 ---pagebreak---  16. 9 . 80                       Official Journal of the European Communities                          No L 244/9
4.    The successful tenderer shall deliver the product     — in the other cases, the average of the spot rates of
specified in paragraph 1 in new jute sacks of a net              the currencies concerned recorded in the Member
capacity of 50 kilograms.                                        State in which the invitation to tender is issued
                                                                 during a period from the Wednesday of one week
Minimum weight of the sacks shall be 600 grams. The              to the Tuesday of the following week being the
following shall be printed on the sacks :                        period immediately preceding the closing date for
                                                                 submission of tenders.
'Yellow maize — Gift of the European Economic
Community to Zambia.'
                                                                                    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
goods but with the printing followed by a capital           ment referred to in Article 3 (3).
letter 'R\
                                                             However, if the tenders submitted do not appear to
                       Article 2
                                                             reflect normal market prices and costs, the interven­
                                                            tion agency may cancel the invitation to tender.
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken                             Article 5
on 3 October 1980.
                                                             1 . The tenderer shall give security in an amount of
2.    The closing date for submission of tenders shall      6 ECU per tonne of goods.
be 3 October 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
                                                                 endorsed by the comptetent authorities of the
 1 . The prices offered must be expressed in 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 quanti­
2. Tenders must in particular mention the Member                 ties not supplied by reason of force majeure.
State in which the tenderer, in the event of his being
declared successful, expects to complete 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 corrected by the monetary
compensatory amount applicable on the closing date
                                                                                    Article 6
for submission of tenders to exports from the Member
State mentioned in the tender pursuant to paragraph
                                                             1.    The maize referred to in Article 1 must be of fair
 2. Such correction shall be made by :
                                                             and sound merchantable quality and correspond at
— increasing prices which mention a Member State             least to the standard quality for which the interven­
     whose currency has depreciated,                         tion price is fixed.
— reducing prices which mention a Member State
     whose currency has been revalued.                       2. For this purpose the intervention agency of the
                                                             country of shipment shall arrange for a check at the
The monetary compensatory amount shall, where                port at the time of loading on the nature, quality and
 appropriate, be converted into the currency of the          packaging of the goods. Following inspection an attest­
 Member State in which the invitation to tender is           ation shall be issued. The costs relating thereto shall
 issued using :                                              be borne by the successful tenderer.
— in the case when the currencies concerned are              3 . Samples intended for analysis shall be taken and
     kept at any given moment within a band of               the inspection shall be carried out in accordance with
     2-25 % , a conversion rate resulting from their         the trade practices in force in the country of ship­
     central rate,                                           ment .
 ---pagebreak--- No L 244/ 10                       Official Journal of the European Communities                               16. 9 . 80
                         Article 7                            (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
 1 . The French intervention agency shall be respon­              and the type of packing ;
sible for organizing the invitation to tender provided
for by this Regulation.                                       (b) the date of the departure of the ships, the esti­
                                                                  mated date of arrival of the products at their desti­
2.     It shall forthwith communicate to the Commis­              nation ;
sion the list of firms which have responded to the invi­      (c) all possible contingencies which might occur
tation to tender, specifying the terms of each tender,            during transportation of the products.
together with the name and business name of the
successful tenderer.                                          The information indicated above shall be forwarded
                                                              by the intervention agency to the Commission imme­
3. Where the customs export formalities for the
                                                              diately upon receipt.
mobilized product are completed in a Member State
other than that in which the invitation to tender is
                                                              5. When the intervention agency responsible for
issued, the intervention agency of the latter Member          the operations relating to tendering is not the interven­
State shall be responsible for the operations following       tion agency which appoints the successful tenderer, it
tendering, including payment to the successful                shall send as soon as possible to the latter the informa­
tenderer.
                                                              tion necessary for releasing the security.
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­                               Article 8
vention agency of the Member State concerned and
shall supply it with all the information which it may         As regards this tender the intervention agency is auth­
require.                                                      orized to make an initial payment of 80 % of the
                                                              value of the quantity given in the bill of lading, on
Futhermore, the amount of the successful tender shall         presentation of that document and subject to the
be paid after it has been converted using the average         taking of a security for an amount equal to the initial
of the spot rates referred to in the second subpara­          payment.
graph of Article 3 (3) to the tenderer in the currency
of the Member State in which the operations relating
                                                                                      Article 9
to the tendering are completed.
4. The intervention agency shall request the                  This Regulation shall enter into force on the day of its
successful tenderer to supply the following informa­          publication in the Official Journal of the European
tion :                                                        Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 15 September 1980.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President