CELEX: 31980R0372
Language: en
Date: 1980-02-15 00:00:00
Title: Commission Regulation (EEC) No 372/80 of 15 February 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the United Nations High Commissioner for Refugees

No L 40 /34                                Official Journal of the European Communities                            16. 2. 80
                                     COMMISSION REGULATION (EEC) No 372/80
                                                        of 15 February 1980
              opening an invitation to tender for the mobilization of common wheat as food
                            aid for the United Nations High Commissioner for Refugees
THE COMMISSION OF THE EUROPEAN                                        whereas the award under the invitation to tender
COMMUNITIES,                                                         must be made to the tenderer offering the best terms ;
Having regard to the Treaty establishing the European                Whereas, should force majeure make it impossible to
Economic Community,                                                  complete the operation in question within the time
                                                                     limits specified, it must be made clear who is to bear
Having regard to Council Regulation (EEC) No                         the liability for any resulting costs ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as last amended by                Whereas provisions should be made for security to be
Regulation ( EEC) No 1 547/79 (2),                                   given to guarantee fulfilment of the obligations arising
                                                                     by virtue of participation in the invitation to tender ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                    Whereas the French intervention agency should be
tions for the mobilization of cereals as food aid (3), and
                                                                     made responsible for the tendering procedure in ques­
in particular Article 6 thereof,                                     tion ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to               Whereas the Commission must be informed quickly
be applied for the purposes of the common agricul­                   of the tenders submitted in response to the invitation
tural policy (4 ), as last amended by Regulation (EEC)               and of those accepted by the intervention agency ;
No 2543/73 (5), and in particular Article 3 thereof,
                                                                     Whereas the measures provided for in this Regulation
Having regard to the opinion of the Monetary                         are in accordance with the opinion of the Manage­
Committee,                                                            ment Committee for Cereals,
Whereas on 8 May 1979 the Council of the European
Communities declared that it proposed by way of
Community action to grant 12 000 tonnes of common                     HAS ADOPTED THIS REGULATION :
wheat to the United Nations High Commissioner for
Refugees under its 1978 /79 food-aid programme ;
                                                                                             Article 1
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                    1 . Tenders are hereby invited for the supply to the
                                                                      United Nations High Commissioner for Refugees, by
Whereas the proposed invitation to tender should be                   way of Community food-aid action, of 12 000 tonnes
                                                                      of common wheat.
for supply of the products on the quay or in the
lighter where applicable at the port of unloading ;
                                                                      2.    The tendering producer shall take place in
Whereas tenders may be submitted by tenderers esta­                   France in two lots .
blished in any Member State of the Community and
may relate to products mobilized anywhere within                      3 . The product shall be mobilized on the Commu­
those Member States ; whereas, in view of the currency                nity market.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
                                                                      4.    Shipment shall be from a Community port.
currency situation in the Member State in which the
customs export formalities will be completed ;                        5. The invitation to tender provided for in para­
                                                                      graph 1 is for supply of products on the quay or in
(')  OJ No  L 281 , 1 . 11 . 1975, p. 1 .                             the lighter where applicable, in the port of Karachi :
(2 ) OJ No  L 188 , 26 . 7 . 1979 , p. 1 .
(3 ) OJ No  L 281 , 1.11 . 1975 , p. 89 .                             — lot No 1 : 2 400 tonnes,
(4)  OJ No  106, 30. 10. 1962, p. 2553/62.
(5 ) OJ No  L 263, 19 . 9 . 1973 , p. 1 .                             — lot No 2 : 9 600 tonnes .
 ---pagebreak---   16 . 2. 80                         Official Journal of the European Communities                         No L 40/35
 6. The successful tenderer shall deliver the product               State in which the invitation to tender is issued
specified in paragraph 1 in new jute sacks of a net                 during a period from the Wednesday of one week
capacity of 50 kilograms.                                           to the Tuesday of the following week being the
 Minimum weight of the sacks shall be 600 grams. The                 period immediately preceding the closing date for
                                                                    submission of tenders .
 following shall be printed on the sacks :
'Wheat / Gift of the European Economic Community                                        Article 4
 / UNHCR assistance to Afghan refugees in Pakistan /
 For free distribution '.
                                                               The contract shall be awarded to the tenderer offering
To allow for the possibility of re-bagging the                 the best terms, taking into consideration the adjust­
                                                               ment referred to in Article 3 (3).
successful tenderer shall supply 2 % of new empty
sacks of the same quality as those containing the              However, if the tenders submitted do not appear to
goods but with the printing followed by a capital              reflect normal market prices and costs, the interven­
letter ' R '.                                                  tion agency may cancel the invitation to tender.
                          Article 2                                                     Article 5
 1 . The decision on tenders received in response to            1 . The tenderer shall give security in an amount of
the invitation provided for in Article 1 shall be taken        6 ECU per tonne of goods.
on 29 February 1980 .
                                                               It shall be released :
2. The closing date for the submission of tenders
shall be 29 February 1980 at 12 noon .                         — in the case of all tenderers whose tenders are
                                                                    unsuccessful or are not accepted,
3.      The   notice of   invitation to  tender shall   be
                                                               — in the case of the successful tenderer, when the
published in the Official Journal of the European                   operations concerned have been carried out within
Communities not less than nine days before the                      the prescribed time limit and on submission of
closing date for the submission of tenders.                         the original export licence, duly granted and
                                                                    endorsed by the competent authorities of the
                          Article 3                                 Member State mentioned in the tender pursuant
                                                                    to Article 3 (2),
1 . The prices offered must be expressed in the
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                                Article 6
able, the prices shall be corrected by the monetary
compensatory amount applicable on the closing date             The common wheat referred to in Article 1 to be
for submission of tenders to exports from the Member           supplied to the United Nations High Commissioner
State mentioned in the tender pursuant to paragraph            for Refugees must be of fair and sound merchantable
2. Such correction shall be made by :                          quality and correspond at least to the standard quality
— increasing prices which mention a Member State               for which the intervention price is fixed, except that
                                                               the moisture content shall not exceed 15 % and that a
      whose currency has depreciated,
                                                               maximum of 3 % of sprouted grains and 1 -5 % of
— reducing prices which mention a Member State                 miscellaneous impurities shall be allowed .
      whose currency has been revalued .
The monetary compensatory amount shall , where                                          Article 7
appropriate, be converted into the currency of the
Member State in which the invitation to tender is              1 . The French intervention agency shall be respon­
issued using :                                                 sible for organizing the invitation to tender provided
— in the case when the currencies concerned are                for by this Regulation .
      kept at any given moment within a band of                2.     It shall forthwith communicate to the Commis­
      2-25 % , a conversion rate resulting from their          sion the list of firms which have responded to the invi­
      central rate ,                                           tation to tender, specifying the terms of each tender,
— in the other cases, the average of the spot rates of         together with the name and business name of the
      the currencies concerned recorded in the Member          successful tenderer.
 ---pagebreak--- No L 40/36                        Official Journal of the European Communities                               16 . 2 . 80
3. Where the customs export formalities for the             (c) all possible contingencies which might occur
mobilized product are completed in a Member State                during transportation of the products.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member        The intervention agency shall transmit the informa­
State shall be responsible for the operations following      tion provided for to the Commission as soon as it is
tendering, including payment to the successful               received .
tenderer.
In this case, the intervention agency choosing the           5. When the intervention agency responsible for
successful tenderer shall immediately inform the inter­      the operations relating to tendering is not the interven­
vention agency of the Member State concerned and             tion agency which appoints the successful tenderer, it
shall supply it with all the information which it may        shall send as soon as possible to the latter the informa­
                                                             tion necessary for releasing the security.
require.
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                   Article 8
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the         As regards this tender, the intervention agency is auth­
currency of the Member State in which the operations         orized to make an initial payment of 80 % of the
relating to the tendering are completed.                     value of the quantity given in the bill of lading, on
                                                             presentation of that document and subject to the
4. The intervention agency shall request the                 taking of a security for an amount equal to the initial
successful tenderer to supply the following informa­
                                                             payment.
tion :
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products                                Article 9
    and the type of packaging ;
(b) the date of the departure of the ships ; the esti­       This Regulation shall enter into force on the day of its
    mated date of arrival of the products at their desti­    publication in the Official Journal of the European
    nation ;                                                  Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 15 February 1980 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President