CELEX: 31980R1485
Language: en
Date: 1980-06-13 00:00:00
Title: Commission Regulation (EEC) No 1485/80 of 13 June 1980 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Arab Republic of Egypt

No L 148 / 28                            Official Journal of the European Communities                             14. 6 . 80
                                     COMMISSION REGULATION ( EEC) No 1485/80
                                                          of 13 June 1980
               opening an invitation to tender for the mobilization of common wheat flour as
                                           food aid for the Arab Republic of Egypt
 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              Whereas it must be made clear who is to bear any
 Economic Community,                                                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
                                                                    Whereas provisions should be made for security to be
 Regulation (EEC) No 1 547/79 (2),
                                                                    given to guarantee fulfilment of obligations arising by
 Having regard to Council Regulation (EEC) No                       virtue of participation in the invitation to tender for
 2750/75 of 29 October 1975 laying down the condi­                  the supply of goods to the Arab Republic of Egypt ;
 tions for the mobilization of cereals as food aid (3), and
 in particular Article 6 thereof,                                   Whereas the French intervention agency should be
                                                                    made responsible for organizing the invitation to
 Having regard to Council Regulation No 129 on the                  tender ;
 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 the Arab Republic of
 Egypt the equivalent of 100 000 tonnes of common
 wheat, in the form of flour, i.e. 72 000 tonnes of                 HAS ADOPTED THIS REGULATION :
 common wheat flour, under its 1979/ 80 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 . An invitation to tender shall be issued in respect
                                                                    of the supply of 72 000 tonnes of common wheat
 Whereas tenders should be invited for the supply of                flour to the Arab Republic of Egypt by way of
 the product to the port of shipment in the vicinity of             Community food-aid action .
 the vessel, the goods to be set down at the place nomi­
 nated by the recipient or its agent ;                              2. The tendering procedure shall take place in
                                                                    France and shall be in respect of six lots of 1 2 000
 Whereas tenders may be submitted by tenderers esta­                tonnes .
 blished in any Member State of the Community and
 may relate to products mobilized anywhere within                   3 . The goods 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            4.    Shipment shall be from a Community port.
 should be taken of the effect on each tender of the
 currency situation in the Member State in which the                5. The product referred to in paragraph 1 is to be
 customs export formalities will be completed ;                     delivered in new 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 , 25 . 7. 1979, p. 1 .                            nated by the recipient country or its agent, the timing
(3 ) OJ No  L 281 , 1 . II . 1975, p. 89 .
(4)  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--- 14. 6 . 80                        Official Journal of the European Communities                         No L 148 / 29
One of the two sorts of sack nominated hereinafter          — in the other cases, the average of the spot rates of
may be used :                                                     the currencies concerned recorded in the Member
                                                                  State in which the invitation to tender is issued
— jute sacks of a minimum weight of 600 grams,                    during a period from the Wednesday of one week
— composite sacks jute/polypropylene of a minimum                 to the Tuesday of the following week being the
     weight of 271 grams .                                        period immediately preceding the closing date for
                                                                  submission of tenders .
The following shall be printed on the sacks :
'Wheat flour / Gift of the European Economic
                                                                                      Article 4
Community to Egypt.'
To allow for the possibility of re-bagging, the             The contract shall be awarded to the tenderer offering
successful tenderer shall supply 2 % of new empty            the best terms, taking into consideration the adjust­
sacks, of the same quality as those containing the           ment referred to in Article 3 (3).
goods but with the printing followed by a capital
letter 'R '.                                                 However, if the tenders submitted do not appear to
                                                             reflect normal market prices and costs, the interven­
                                                             tion agency may cancel the invitation to tender.
                        Article 2
 1 . The award of the contract shall take place on 27                                 Article 5
June 1980.
2.    The closing date for submission of tenders shall       1 . The tenderer shall give security in an amount of
                                                             12 ECU per tonne of goods .
be 27 June 1980 at 12 noon .
3.    The    notice of invitation  to tender shall be        It shall be released :
published in the Official Journal of the European            — in the case of all tenderers whose tenders are
 Communities not less than seven 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
 1 . The prices offered must be expressed in the                  endorsed by the competent authorities of 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),
 2. Tenders must in particular mention the Member            — in the case of the successful tenderer, for quanti­
 State in which the tenderer, in the event of his being            ties not supplied by reason of force majeure.
 declared successful, expects to complete the customs
 export formalities for the products concerned.              2. The security required under paragraph 1 may be
                                                             provided in the form of a cash deposit or of a
 3 . For the purpose of rendering the tenders compar­        guarantee issued by a credit institution conforming to
 able, the prices shall be corrected by the monetary         criteria laid down by each Member State .
 compensatory amount applicable on the closing date
 for submission of tenders to exports from the Member
 State mentioned in the tender pursuant to paragraph                                  Article 6
 2. Such correction shall be made by :
                                                              1 . The goods referred to in Article 1 which are to
 — increasing prices which mention a Member State            be supplied to the Arab Republic of Egypt must meet
     whose currency has depreciated,                          the following requirements :
 — reducing prices which mention a Member State
     whose currency has been revalued .                       common wheat flour :
                                                             — moisture content : 15% maximum ,
 The monetary compensatory amount shall, where
 appropriate, be converted into the currency of the          — acidity : 4 mi NaOH/ n maximum per 100 grams
 Member State in which the invitation to tender is                 (calculated on the dry matter),
 issued using :                                               — ash content : 0-62 % maximum on the dry matter.
 — in the case when the currencies concerned are
     kept at any given moment within a band of                If the goods referred to in Article 1 do not meet the
     2-25 % , a conversion rate resulting from their          foregoing requirements they shall be rejected and the
     central rate ,                                           successful tenderer shall be owner thereof.
 ---pagebreak--- No L 148 /30                       Official Journal of the European Communities                             14 . 6 . 80
2. Tenders for supply to the Arab Republic of                average of the spot rates referred to in the second
Egypt of the goods referred to in Article 1 must relate      subparagraph of Article 3 (3) to the tenderer in the
to products with the following characteristics :             currency of the Member State in which the operations
common wheat flour :                                         relating to the|tendering are completed.
— moisture content : 1 5 % maximum,                          4. The intervention agency shall request the
— acidity : 4 ml NaOH/n maximum per 100 grams                successful tenderer to supply the following informa­
                                                             tion :
    (calculated on the dry matter),
— ash content : 0-62 % maximum on the dry matter.            (a) after each shipment a certificate showing the quan­
                        Article 7                                tities dispatched and the quality of the products ;
                                                             (b) the date of departure of the vessels.
1 . The French intervention agency shall be respon­          The information indicated above shall be forwarded
sible for operations relating to the invitation to tender
provided for by this Regulation .                            by the intervention agency to the Commission imme­
                                                             diately upon receipt.
2.    It shall forthwith communicate to the Commis­
sion the list of firms which have responded to the invi­     5. When the agency responsible for the operations
tation to tender, specifying the terms of each tender,       relating to tendering is not the intervention agency
together with the name and business name of the              which appoints the successful tenderer, it shall send as
successful tenderer.                                         soon as possible to the latter the information neces­
                                                             sary for releasing the security.
3 . Where the customs export formalities for the
mobilized product are completed in a Member State                                     Article 8
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member         On delivery of the goods at the port of shipment, a
State shall be responsible for the operations following      handing-over certificate shall be supplied to the
tendering including payment to the successful                successful tenderer, acting as agent for the Commu­
tenderer.                                                    nity, by the agent of the recipient country or, in the
                                                             absence of the latter, by the intervention agency of the
In such case, the intervention agency choosing the           Member State in whose territory the port of shipment
successful tenderer shall immediately inform the inter­      is situated .
vention agency of the Member State concerned and
shall supply it with all the information which it may                                 Article 9
require.
                                                             This Regulation shall enter into force on the day of its
Furthermore, the amount of the successful tender             publication in the Official Journal of the European
shall be paid after it has been converted using the          Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 13 June 1980.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President