CELEX: 31980R0100
Language: en
Date: 1980-01-18 00:00:00
Title: Commission Regulation (EEC) No 100/80 of 18 January 1980 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Arab Republic of Syria

No L 14/ 8                                 Official Journal of the European Communities                              19 . 1 . 80
                                      COMMISSION REGULATION (EEC) No 100/80
                                                         of 18 January 1980
               opening an invitation to tender (or the mobilization of common wheat flour as
                                             food aid for the Arab Republic of Syria
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 offering the best terms ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                   Whereas, in case it should be impossible for reasons
tion of the market in cereals ('), as last amended by                of force majeure to complete the operation in ques­
Regulation (EEC) No 1 547/79 (2),                                     tion within the set time limits, it must be made clear
                                                                     who is to bear any costs resulting therefrom ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and
                                                                     Whereas provision should be made for security to be
                                                                     given to guarantee fulfilment of the obligations arising
in particular Article 6 thereof,
                                                                     by virtue of participation in the invitation to tender ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to               Whereas the Italian intervention agency should be
be applied for the purposes of the common agricul­                    made responsible for the tendering procedure ;
tural policy (4), as last amended by Regulation (EEC)
No 2543/73 (5), and in particular Article 3 thereof,                  Whereas the Commission must be informed quickly
                                                                      of the tenders submitted in response to the invitation
Having regard to the opinion of the Monetary                          and of those accepted by the intervention agency ;
Committee,
                                                                      Whereas the measures provided for in this Regulation
Whereas on 8 May 1979 the Council of the European                     are in accordance with the opinion of the Manage­
Communities declared that it proposed, by way of                      ment Committee for Cereals,
Community action , to grant the equivalent of 1 000
tonnes of common wheat (in other words 720 tonnes
of common wheat flour) to the Arab Republic of Syria
under its 1978 /79 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                 1 . Tenders are hereby invited for the supply by way
                                                                      of Community action to the Arab Republic of Syria of
the vessel , the goods to be set down at the place nomi­              720 tonnes of common wheat flour.
nated by the recipient or its agent ;
Whereas tenders may be submitted by tenderers esta­                   2. The tendering procedure shall take place in Italy
blished in any Member State of the Community and                      in one lot. The product shall be mobilized on the
may relate to products mobilized anywhere within                      Community market. The products shall be loaded for
those Member States ; whereas, in view of the currency                departure from any Community port.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account                3 . The product referred to in paragraph 1 is to be
                                                                      delivered to the port of shipment in the vicinity of the
(1) 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
(J) 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---  19 . 1 . 80                      Official Journal of the European Communities                             No L 14/ 9
4.      The  successful  tenderer   shall   deliver the     — in the case when the currencies concerned are
products in new cotton sacks of a net capacity of 50             kept at any given moment within a band of
kilograms.                                                       2-25 % , a conversion rate resulting from their
                                                                 central rate,
The minimum weight of the sacks shall be 180 grams.         — in the other cases, the average of the spot rates of
                                                                 the currencies concerned recorded in the Member
The following shall be printed on the sacks :                    State in which the invitation to tender is issued
' Farine de froment / Don de la Communauté écono­
                                                                 during a period from the Wednesday of one week
                                                                 to the Tuesday of the following week, being the
mique européenne à la République arabe syrienne'.                period immediately preceding the closing date for
                                                                 submission of tenders .
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty
sacks of the same quality as those containing the
                                                                                      Article 4
goods but with the printing followed by a capital
letter 'R'.
                                                            The contract shall be awarded to the tenderer offering
                                                            the best terms, taking into consideration the adjust­
                        Article 2                            ment referred to in Article 3 (3).
 1 . The decision on tenders received in response to         However, if the tenders submitted do not appear to
the invitation provided for in Article 1 shall be taken      reflect normal market prices and costs, the interven­
on 1 February 1980 .                                 '      tion agency may cancel the invitation to tender.
2. The closing date for the submission of tenders
shall be 1 February 1980 at 12 noon .                                                 Article 5
3.      The notice of invitation   to tender shall be
published in the Official Journal of the European            If the tenderer is unable to deliver the goods in
 Communities not less than nine days before the              compliance with Article 1 (3) on the date given in the
                                                             notice of invitation to tender as a result of the late
closing date for the submission of tenders.
                                                             availability of the vessels to be used for sea transporta­
                                                             tion the resulting costs shall be borne by the interven­
                                                             tion agency.
                        Article 3
 1 . The prices offered must be expressed in the
                                                                                      Article 6
currency of the Member State in which the invitation
to tender was issued .
                                                             1 . The tenderer shall give security of a value of 12
2. Tenders must in particular mention the Member             ECU per tonne of goods.
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs         It shall be released :
export formalities for the products concerned.
                                                             — in the case of all tenderers whose tenders are
3. For the purpose of rendering the tenders compar­              unsuccessful or are not accepted,
able, the prices shall be corrected by the monetary          — in the case of the successful tenderer, when the
compensatory amount applicable on the closing date               operations concerned have been carried out within
 for submission of tenders to exports from the Member
                                                                 the prescribed time limit and on submission of
 State mentioned in the tender pursuant to paragraph
                                                                 the original export licence duly granted and
 2. Such correction shall be made by :
                                                                 endorsed by the competent authorities of the
— increasing prices which mention a Member State                 Member State mentioned in the tender pursuant
      whose currency has depreciated,                             to Article 3 (2),
— reducing prices which mention a Member State               — in the case of the successful tenderer for quantities
      whose currency has been revalued.                           not supplied by reason of force majeure.
The monetary compensatory amount shall, where                2. The security required under paragraph 1 may be
 appropriate, be converted into the currency of the          provided in the form of a cash deposit or of a
 Member State in which the invitation to tender is           gurantee issued by a credit institution conforming to
 issued using :                                              criteria laid down by each Member State.
 ---pagebreak--- No L 14/ 10                       Official Journal of the European Communities                               19 . 1 . 80
                        Article 7                           vention agency of the Member State concerned and
1.    The common wheat flour referred to in Article 1
                                                            shall supply it with all the information which it may
                                                             require.
must meet the following requirements :
— moisture : 14 % maximum,                                   Futhermore, the amount of the successful tender shall
— protein content : 10-5 % minimum (N x 6-25 on             be paid after it has been converted using the average
    dry matter),                                            of the spot rates referred to in the second subpara­
                                                            graph of Article 3 (3) to the tenderer in the currency
— ash content : 0-62 % maximum referred to dry              of the Member State in which the operations relating
    matter.
                                                             to the tendering are completed.
Flour not meeting these requirements shall be re­
fused.
                                                             4. The intervention agency shall request the
                                                             successful tenderer to supply the following informa­
2. Tenders for supply of the common wheat flour              tion :
referred to in Article 1 must relate to a product with      (a) after each shipment a certificate showing the quan­
the following characteristics :                                  tities dispatched and the quality of the products ;
— moisture : 14 % maximum,                                  (b) the date of departure of the vessels.
— protein content : 10-5 % minimum (N x 6-25 on
                                                            The information indicated above shall be forwarded
    dry matter),
— ash content : 0-62 % maximum referred to dry               by the intervention agency to the Commission imme­
    matter.
                                                             diately upon receipt.
                                                             5. When the intervention agency responsible for
                        Article 8                            the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
1 . The Italian intervention agency shall be respon­
                                                             shall send as soon as possible to the latter the informa­
sible for the operations relating to the invitation to
                                                             tion necessary for releasing the security.
tender provided for by this Regulation .
2.    It shall forthwith communicate to the Commis­                                   Article 9
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,       On delivery of the goods at the port of shipment, a
together with the name and business name of the              handing-over certificate shall be supplied to the
successful tenderer.                                         successful tenderer, acting as agent for the Commu­
                                                             nity, by the agent of the recipient country, or, in the
3 . Where the customs export formalities for the             absence of the latter, by the intervention agency of the
mobilized product are completed in a Member State            Member State in whose territory the port of shipment
other than that in which the invitation to tender is
                                                             is situated .
issued, the intervention agency of the latter Member
State shall be responsible for the operations following
tendering, including payment to the successful                                       Article 10
tenderer.
                                                             This Regulation shall enter into force on the day of its
In such case, the intervention agency choosing the           publication in the Official Journal of the European
successful tenderer shall immediately inform the inter­       Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 18 January 1980 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President