CELEX: 31981R3282
Language: en
Date: 1981-11-16 00:00:00
Title: Commission Regulation (EEC) No 3282/81 of 16 November 1981 on the supply of maize meal to the United Nations High Commissioner for Refugees as food aid

No L 331 /22                            Official Journal of the European Communities                           19 . 11 . 81
                                  COMMISSION REGULATION (EEC) No 3282/81
                                                    of 16 November 1981
              on the supply of maize meal to the United Nations High Commissioner for
                                                     Refugees as food aid
THE COMMISSION OF THE EUROPEAN                                    currency situation m 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 1949/81 (2), and in particular                within the time stipulated ;
Article 28 thereof,
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 Chad
                                                                  will be fulfilled ;
Having regard to Council Regulation No 129 of 23
October 1962 on the value of the unit of account and              Whereas the French intervention agency should be
the exchange rates to be applied for he purposes of               made responsible for the tendering procedure in ques­
the common agricultural policy (4), as last amended by            tion ;
Regulation (EEC) No 2543/73 (5), and in particular
Article 3 thereof,                                                Whereas it is important that the Commission be
                                                                  informed without delay of the tenders submitted in
Having regard to the opinion of the Monetary                      response to the invitation and of those accepted by
Committee,                                                        the intervention agency ;
Whereas on 28 May 1980 the Council of the Euro­                   Whereas the measures provided for in this Regulation
pean Communities expressed its intention to grant,                are in accordance with the opinion of the Manage­
under a Community measure, 4 000 tonnes of cereals                ment Committee for Cereals,
to the United Nations High Commissioner for Refu­
gees under its food-aid programme for 1980 ;
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                                      Article 1
for supply of the prpducts delivered to Douala, that is
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
                                                                   United Nations High Commissioner for Refugees, by
Whereas tenders may be submitted by tenderers esta­               way of Community food-aid action, of 2 080 tonnes of
                                                                   maize meal .
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                from a Community port.
C ) OJ No L 281 , 1 . 11 . 1975, p. 1 .                            3 . The invitation to tender provided for in para­
(2) OJ No L 198 , 20 . 7. 1981 , p. 2.                            graph 1 is for supply of products delivered to Douala ;
(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 . 1973, p. 1 .                             placed on the quay or in the lighter where applicable.
 ---pagebreak--- 19 . 11 . 81                      Official Journal of the European Communities                         No L 331 / 23
4. The successful tenderer shall deliver the product              latest statement of their exchange rates made
specified in paragraph 1 in new jute sacks of a net               immediately preceding the closing date for the
capacity of 50 kilograms.                                         submission of tenders as published in the 'C'
                                                                  series of the Official Journal of the European
Minimum weight of the sacks shall be 600 grams. The               Communities.
following shall be printed on the sacks :
'Semoules de Maïs / Don de la Communauté écono­                                       Article 4
mique européenne / Action de l'UNHCR au Tchad'
                                                            The contract shall be awarded to the tenderer offering
To allow for the possibility of rebagging, the               the best terms, taking into consideration the adjust­
successful tenderer shall supply 2 % of new empty            ment referred to in Article 3 (3).
sacks, of the same quality as those containing the
goods but with the printing followed by a capital            However, if the tenders submitted do not appear to
letter 'R'.                                                  reflect normal market prices and costs, the interven­
                                                             tion agency may cancel the invitation to tender.
                        Article 2
                                                                                      Article 5
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken      1 . The tenderer shall give security in an amount of
on 11 December 1981 .                                        12 ECU per tonne of goods.
2.     The closing date for submission of tenders shall      It shall be released :
be 1 1 December 1981 at 12 noon .
                                                             — in the case of all tenderers whose tenders are
3.     The notice of invitation    to tender shall be             unsuccessful or are not accepted,
published in the Official Journal of the European            — in the case of the successful tenderer, when the
 Communities not less than nine days before the                   operations concerned have been carried out within
closing date for submission of tenders.                           the prescribed time limit and on submission of
                                                                  the original export licence No 1 duly granted and
                        Article 3                                 endorsed by the competent authorities of the
                                                                  Member State mentioned in the tender pursuant
 1 . The prices offered must be expressed in the                  to Article 3 (2).
 currency of the Member State in which the invitation        — in the case of the successful tenderer, for quanti­
 to tender was issued .                                            ties not supplied by reason of force majeure.
 2. Tenders must in particular mention the Member            2. The security required under paragraph 1 may be
 State in which the tenderer, in the event of his being      provided in the form of a cash deposit or of a
 declared successful, expects to complete the customs        guarantee issued by a credit institution conforming to
 export formalities for the products concerned.              criteria laid down by each Member State.
 3 . For the purpose of rendering the tenders compar­
 able, the prices shall be corrected by the monetary                                  Article 6
 compensatory amount applicable on the closing date
 for submission of tenders to exports from the Member         1 . The maize meal, falling within subheading 11.02
 State mentioned in the tender pursuant to para­             A V a) 2), referred to in Article 1 must correspond to
 graph 2. Such correction shall be made by :                  the following characteristics :
                                                              — maize       meal   of fair and  sound   merchantable
 — increasing prices which mention a Member State
      whose currency has depreciated,                              quality, free from abnormal smell and pests,
 — reducing prices which mention a Member State              — moisture content : 12% maximum,
      whose currency has been revalued.                       — acidity : 0-6 % maximum .
 The monetary compensatory amount shall, where                2. For this purpose the intervention agency of the
 appropriate, be converted into the currency of the           country of shipment shall arrange for a check at the
 Member State in which the invitation to tender is            port at the time of loading on the nature, quality and
  issued using :                                              packaging of the goods . Following inspection an attes­
 — in the case when the currencies concerned are              tation shall be issued. The costs relating thereto shall
                                                              be borne by the successful tenderer.
      kept at any given moment within a band of
      2-25 % , a conversion rate resulting from their         3 . Samples intended for analysis shall be taken and
      central rate ,                                          the inspection shall be carried out in accordance with
 — in other cases, the relationship between the two           the trade practices in force in the country of ship­
      currencies concerned, established by using the          ment .
 ---pagebreak---  No L 331 /24                      Official Journal of the European Communities                              19 . 11 . 81
                         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 departqre 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
Furthermore, the amount of the successful tender              presentation of that document and subject to the
shall be paid after it has been converted using the           taking of a security for an amount equal to the initial
average of the spot rates referred to in the second           payment.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
relating to the tendering are completed.                                              Article 9
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, 16 November 1981 .
                                                                        For the Commission
                                                                          Poul DALSAGER
                                                                   Member of the Commission