CELEX: 31980R1772
Language: en
Date: 1980-07-04 00:00:00
Title: Commission Regulation (EEC) No 1772/80 of 4 July 1980 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of Tanzania

No L 173/ 18                              Official Journal of the European Communities                               8 . 7. 80
                                     COMMISSION REGULATION (EEC) No 1772/80
                                                            of 4 July 1980
                opening an invitation to tender for the mobilization of common wheat flour 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                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
 Regulation (EEC) No 1547/79(2),                                      Whereas provision should be made for security to be
                                                                      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 Tanzania.
 tions for the mobilization of cereals as food aid (J), 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
Whereas on 28 May 1980 the Council of the Euro­
                                                                      are in accordance with the opinion of the Manage­
                                                                      ment Committee for Cereals,
 pean Communities declared that by way of Commu­
 nity action it proposed to grant Tanzania the equiva­
 lent of 5 000 tonnes of common wheat, in the form of
 flour, i.e. 3 311 tonnes of common wheat flour, under
                                                                      HAS ADOPTED THIS REGULATION :
 its 1979/80 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased                                             Article 1
 anywhere on the Community market ;
                                                                      1 . An invitation to tender shall be issued in respect
Whereas tenders should be invited for the supply of                   of the supply of 3 311 tonnes of common wheat flour
 the product to the port of shipment in the vicinity of               to Tanzania by way 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
Whereas tenders may be submitted by tenderers esta­                   France and shall be in respect of one lot.
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
0    OJ No   L 188 , 26. 7. 1979, p. 1 .
(3 ) OJ No   L 281 , 1 . 11 . 1975, p. 89 .                           nated by the recipient country or its agent, the timing
(«)  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--- 8 . 7. 80                         Official Journal of the European Communities                        No L 173/ 19
The following shall be printed on the sacks — jute                State in which the invitation to tender is issued
sacks of a minimum weight of 600 g :                              during a period from the Wednesday of one week
                                                                  to the Tuesday of the following week being the
'Common wheat flour / Gift of the European                        period immediately preceding the closing date for
Economic Community to Tanzania'.                                  submission of tenders.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                                    Article 4
sacks, of the same quality as those containing the
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
                                                            ment referred to in Article 3 (3).
                        Article 2
                                                             However, if the tenders submitted do not appear to
                                                             reflect normal market prices and costs, the interven­
 1 . The award of the contract shall take place on 18
                                                            tion agency may cancel the invitation to tender.
July 1980.
2.     The closing date for submission of tenders shall                              Article 5
be 18 July at 12 noon .
3.     The notice of invitation to tender shall be           1 . The tenderer shall give security in an amount of
published in the Official Journal of the European            12 ECU per tonne of goods.
 Communities not less than seven days before the
closing date for submission of tenders.                      It shall be released :
                                                            — in the case of all tenderers whose tenders are
                        Article 3                                 unsuccessful or are not accepted,
                                                            — in the case of the successful tenderer, when the
 1 . The prices offered must be expressed in the                  operations concerned have been carried out within
 currency of the Member State in which the invitation             the prescribed time limit and on submission of
 to tender was issued.                                            the original export licence duly granted and
                                                                  endorsed by the competent authorities of the
 2. Tenders must in particular mention the Member                 Member State mentioned in the tender pursuant
 State in which the tenderer, in the event of his being           to Article 3 (2),
 declared successful, expects to complete the customs        — in the case of the successful tenderer, for quanti­
 export formalities for the products concerned.                   ties not supplied by reason of force majeure.
 3. For the prupose of rendering the tenders compar­         2. The security required under paragraph 1 may be
 able, the prices shall be corrected by the monetary         provided in the form of a cash deposit or of a
 compensatory amount applicable on the closing date          guarantee issued by a credit institution conforming to
 for submission of tenders to exports from the Member        criteria laid down by each Member State.
 State mentioned in the tender pursuant to paragraph
 2. Such correction shall be made by :
 — increasing prices which mention a Member State                                    Article 6
     whose currency has depreciated,
 — reducing prices which mention a Member State               1 . The goods referred to in Article 1 which are to
     whose currency has been revalued.                       be supplied to Tanzania must meet the following
                                                             requirements :
 The monetary compensatory amount shall, where                common wheat flour :
 appropriate, be converted into the currency of the
 Member State in which the invitation to tender is           — moisture content : 14% maximum,
 issued using :                                              — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
 — in the case when the currencies concerned are                   lated on the dry matter),
     kept at any given moment within a band of               — ash content : 0-52 % maximum on the dry matter.
     2-25 % , a conversion rate resulting from their
     central rate,
                                                              If the goods referred to in Article 1 do not meet the
 — in the other cases, the average of the spot rates of       foregoing requirements they shall be rejected and the
     the currencies concerned recorded in the Member          successful tenderer shall be owner thereof.
 ---pagebreak--- No L 173/20                        Official Journal of the European Communities                              8 . 7. 80
2. Tenders for supply to Tanzania of the goods               average of the spot rates referred to in the second
referred to in Article 1 must relate to products with        subparagraph of Article 3 (3) to the tenderer in the
the following characteristics :                              currency of the Member State in which the operations
common wheat flour :                                         relating to the tendering are completed.
— moisture content : 14% maximum,                            4. The intervention agency shall request the
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­            successful tenderer to supply the following informa­
                                                             tion :
    lated on the dry matter),
— ash content : 0*52 % maximum on the dry matter.            (a) after each shipment a certificate showing the quan­
                                                                 tities dispatched and the quality of the products ;
                        Article 7                            (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    by the intervention agency to the Commission imme­
provided for by this Regulation .                            diately upon receipt.
2.    It shall forthwith communicate to the Commis­          5. When the agency responsible for the operations
sion the list of firms which have responded to the invi­     relating to tendering is not the intervention agency
tation to tender, specifying the terms of each tender,       which appoints the successful tenderer, it shall send as
together with the name and business name of the              soon as possible to the latter the information neces­
successful tenderer.                                         sary for releasing the security.
3 . Where the customs export formalities for the                                      Article 8
mobilized product are completed in a Member State
other than that in which the invitation to tender is
                                                             On delivery of the goods at the port of shipment, a
issued, the intervention agency of the latter Member         handing-over certificate shall be supplied to the
State shall be responsible for the operations following      successful tenderer, acting as agent for the Commu­
tendering, including payment to the successful               nity, by the agent of the recipient country or, in the
tenderer.
                                                             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
                                                             is situated .
successful tenderer shall immediately inform the inter­
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, 4 July 1980 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President