CELEX: 31980R1771
Language: en
Date: 1980-07-04 00:00:00
Title: Commission Regulation (EEC) No 1771/80 of 4 July 1980 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Tanzania

8 . 7. 80                                 Official Journal of the European Communities                         No L 173/ 15
                                     COMMISSION REGULATION (EEC) No 1771 /80
                                                           of 4 July 1980
               opening an invitation to tender for the mobilization of maize as food aid for the
                                                       Republic of Tanzania
THE COMMISSION OF THE EUROPEAN                                       Whereas the contract should be awarded            to the
COMMUNITIES,                                                         tenderer who makes the best offer ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                     Whereas it must be made clear who is to bear any
                                                                     costs which arise in the event that for reasons of force
                                                                     majeure the operation in question is not completed
Having regard to Council Regulation (EEC) No                         within the time stipulated ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as last amended by
Regulation (EEC) No 1 547/79 (2),                                    Whereas provision should be made for security to be
                                                                     given to guarantee fulfilment of the obligations arising
Having regard to Council Regulation (EEC) No                         by virtue of participation in the invitation to tender ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and
                                                                     Whereas the French intervention agency should be
in particular Article 6 thereof,                                     made responsible for the tendering procedure in ques­
                                                                     tion ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to
be applied for the purposes of the common agricul­                   Whereas it is important that the Commission be
tural policy (4), as last amended by Regulation (EEC)                informed without delay of the tenders submitted in
No 2543/73 (5), and in particular Article 3 thereof,                 response to the invitation and of those accepted by
                                                                     the intervention agency ;
Having regard to the opinion of the Monetary
Committee ,
                                                                     Whereas the measures provided for in this Regulation
                                                                     are in accordance with the opinion of the Manage­
Whereas on 28 May 1980 the Council of the Euro­                      ment Committee for Cereals,
 pean Communities declared that by way of Commu­
 nity action it proposed to grant Tanzania 10 000
tonnes     of    maize       under     its   1979/80    food-aid
 programme ;
                                                                      HAS ADOPTED THIS REGULATION :
Whereas, pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75, the goods may be purchased
 anywhere on the Community market ;
                                                                                              Article 1
 Whereas tenders should be invited for the supply of
 the product to the port of shipment in the vicinity of
 the vessel, the goods to be set down at the place nomi­              1 . Tenders are hereby invited for the supply, by
 nated by the recipient or its agent ;                                way of Community food-aid action to Tanzania, of
                                                                      10 000 tonnes of maize.
 Whereas tenders may be submitted by tenders 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 product shall be mobilized on
 situation in the Member States and in order to ensure                the Community market. The product shall be loaded
 that the tenders are as comparable as possible, account              for departure from any Community port.
 should be taken of the effect on each tender of the
 currency situation in the Member State in which the                  3 . The product referred to in paragraph 1 is to be
 customs export formalities will be completed ;                       delivered in new jute sacks of a net capacity of 50 kilo­
                                                                      grams to the port of shipment in the vicinity of the
  •) OJ No   L 281 , 1.11 . 1975, p . 1 .                             vessel . The goods must be set down at the place nomi­
  2) OJ  No  L 188, 26 . 7 . 1979 , p. 1 .                            nated by the recipient country or its agent, the timing
  3) OJ  No  L 281 , 1 . 11 . 1975, p . 89 .
  «) OJ  No  106, 30 . 10 . 1962, p . 2553/62.                        of delivery being settled by the tenderer and the recip­
  5) OJ  No  L 263, 19 . 9 . 1973 , p . 1 .                           ient country's agent.
 ---pagebreak--- No L 173/ 16                      Official Journal of the European Communities                                8 . 7 . 80
Minimum weight of sacks shall be 600 grams.                      during a period from the Wednesday of one week
                                                                 to the Tuesday of the following week being the
The following shall be printed on the sacks :                    period immediately preceding the closing date for
                                                                 submission of tenders.
'1 210 EM / Milho / Bissau / Don da Comunidade
Econòmica Europeia / Programa alimentar mundial' .
                                                                                     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
                                                             reflect normal market prices and costs, the interven­
                        Article 2                           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 18 July 1980 .
                                                             If the tenderer is unable to deliver the goods in
 2.    The closing date for submission of tenders shall     compliance with Article 1 (3) on the date given in the
 be 18 July 1980 at 12 noon.                                 notice of invitation to tender as a result of the late
                                                            availability of the vessels to be used for sea transporta­
 3.    The   notice of invitation  to tender shall    be    tion, the resulting costs shall be borne by the interven­
 published in the Official Journal of the European           tion agency.
 Communities not less than nine days before the
 closing date for submission of tenders .                                            Article 6
                        Article 3                            1 . The tenderer shall give security in an amount of
                                                             6 ECU per tonne of goods.
 1 . The prices offered must be expressed in the             It shall be released :
 currency of the Member State in which the invitation
 to tender was issued .                                     — in the case of all tenderers whose tenders are
                                                                  unsuccessful or are not accepted,
 2. Tenders must in particular mention the Member
                                                            — in the case of the successful tenderer, when the
 State in which the tenderer, in the event of his being
 declared succesful, expects to complete the customs              operations concerned have been carried out within
 export formalities for the products concerned .                  the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
 3 . For the purpose of rendering the tenders compar­             endorsed by the competent authorities of the
 able, the prices shall be corrected by the monetary              Member State mentioned in the tender pursuant
 compensatory amount applicable on the closing date               to Article 3 (2),
 for submission of tenders to exports from the Member        — in the case of the successful tenderer, for quanti­
 State mentioned in the tender pursuant to paragraph              ties not supplied by reason of force majeure.
 2. Such correction shall be made by
                                                             2. The security required under paragraph 1 may be
 — increasing prices which mention a Member State            provided in the form of a cash deposit or of a
     whose currency has depreciated,                         guarantee issued by a credit institution conforming to
 — reducing prices which mention a Member State              criteria laid down by each Member State .
     whose currency has been revalued.
                                                                                     Article 7
 The monetary compensatory amount shall , where
 appropriate, be converted into the currency of the          The maize referred to in Article 1 must be of fair and
 Member State in which the invitation to tender is
                                                             sound merchantable quality and correspond at least to
 issued using :                                              the standard quality for which the intervention price
 — in the case when the currencies concerned are             is fixed .
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their                                 Article 8
     central rate,
 — in the other cases, the average of the spot rates of       1 . The French intervention agency shall be respon­
     the currencies concerned recorded in the Member         sible for organizing the invitation to tender provided
     State in which the invitation to tender is issued       for by this Regulation .
 ---pagebreak--- 8 . 7 . 80                          Official Journal of the European Communities                           No L 173/ 17
2.      It shall forthwith communicate to the Commis­          (b) the date of departure of the ship ;
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
3. Where the customs export formalities for the                 by the intervention agency to the Commission imme­
mobilized product are completed in a Member State               diately upon receipt.
other than that in which the invitation to tender is
issued the intervention agency of the latter Member             5 . When the intervention agency responsible for
State shall be responsible for the operations following         the operations relating to tendering is not the interven­
tendering, including payment to the successful                  tion agency which appoints the successful tenderer, it
tenderer.                                                       shall send as soon as possible to the latter the informa­
                                                                tion necessary for releasing the security .
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and                                        Article 9
shall supply it with all the information which it may
require.                                                        On delivery of the goods at the port of shipment, a
                                                                handing-over certificate shall be supplied to the
Furthermore, the amount of the successful tender                successful tenderer, acting as agent for the Commu­
shall be paid after it has been converted using the             nity, by the agent of the recipient country, or, in the
average of the spot rates referred to in the second             absence of the latter, by the intervention agency of the
subparagraph of Article 3 (3) to the tenderer in the            Member State in whose territory the port of shipment
currency of the Member State in which the operations            is situated .
relating to the tendering are completed .
4. The intervention agency shall request the                                            Article 10
successful tenderer to supply the following informa­
tion :
                                                                This Regulation shall enter into force on the day of its
(a) after shipment a certificate showing the quantities         publication in the Official Journal of the European
     dispatched and the quality of the products ;               Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 4 July 1980 .
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President