CELEX: 31980R0582
Language: en
Date: 1980-03-07 00:00:00
Title: Commission Regulation (EEC) No 582/80 of 7 March 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the World Food Programme

No L 63/ 16                               Official Journal of the European Communities                             8 . 3 . 80
                                     COMMISSION REGULATION (EEC) No 582/80
                                                         of 7 March 1980
               opening an invitation to tender (or the mobilization of common wheat as food
                                              aid for the World Food Programme
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 award under the invitation to tender
                                                                    must be made in favour of the tenderer offering the
                                                                    best terms ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (J), as last amended by               Whereas, should force majeure make it impossible to
Regulation (EEC) No 1 547/79 (2),                                   complete the operation in question within the set
                                                                    time limits, it should be made clear who is to bear the
                                                                    liability for any resulting costs ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­
                                                                    Whereas provisions should be made for security to be
tions for the mobilization of cereals as food aid (3), and
                                                                    given for the purpose of guaranteeing that the obliga­
in particular Article 6 thereof,
                                                                    tions arising by virtue of participation in the invita­
                                                                    tion to tender will be fulfilled ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to              Whereas the Belgian intervention agency should be
be applied for the purposes of the common agricul­                  made responsible for the tendering procedure in ques­
tural policy (4), as last amended by Regulation (EEC)               tion ;
No 2543/73 (5), and in particular Article 3 thereof,
                                                                    Whereas the Commission must be informed quickly
Having regard to the opinion of the Monetary                        of the tenders submitted in response to the invitation
Committee,                                                          and of those accepted by the intervention agency ;
Whereas on 8 May 1979 the Council of the European                   Whereas the measures provided for in this Regulation
Communities declared that by way of Community                       are in accordance with the opinion of the Manage­
action it proposed to grant the World Food                          ment Committee for Cereals,
Programme 4 147 tonnes of common wheat under its
 1978/79 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­                HAS ADOPTED THIS REGULATION :
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
the vessel, the goods to be set down at the place nomi­             way of Community food-aid action to the World Food
nated by the recipient or its agent ;                               Programme, of 4 147 tonnes of common wheat.
Whereas tenders may be submitted by tenderers esta­                 2. The tendering procedure shall take place in
blished in any Member State of the Community and                    Belgium in one lot. The product shall be mobilized
may relate to products mobilized anywhere within                    on the Community market. The product shall be
those Member States ; whereas, in view of the currency              loaded for the 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 in bulk to the port of shipment in the
(!) OJ No   L 281 , 1 . 11 . 1975, p. 1 .                           vicinity of the vessel. The goods must be set down at
(2) OJ No   L 188 , 26 . 7. 1979, p. 1 .
(3) OJ No  L 281 , 1.11 . 1975, p. 89.                              the place nominated by the recipient country or its
(4) OJ No   106, 30. 10. 1962, p. 2553/62.                          agent, the timing of delivery being settled by the
(5) OJ No  L 263, 19 . 9 . 1973, p. 1 .                             tenderer and the recipient body's agent.
 ---pagebreak---  8 . 3 . 80                         Official Journal of the European Communities                            No L 63/ 17
The successful tenderer shall supply in addition                    State in which the invitation to tender is issued
 52 000 empty new jute sacks of a capacity of 80 kilo­              during a period from the Wednesday of one week
grams, 50 needles and sufficient twine.                             to the Tuesday of the following week being the
                                                                    period immediately preceding the closing date for
 Minimum weight of the sacks shall be 700 grams. The                submission of tenders.
 following shall be printed on the sacks :
 'Jordan 1165 EXP II / Wheat / Aqaba / Supplied by                                      Article 4
 the World Food Programme / Gift of the European
 Economic Community'.                                          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
 1 . The decision on tenders received in response to           reflect normal market prices and costs, the interven­
the invitation provided for in Article 1 shall be taken        tion agency may cancel the invitation to tender.
on 21 March 1980 .
                                                                                        Article 5
2.      The closing date for submission of tenders shall
be 21 March 1980 at 12 noon .
                                                               If the tenderer is unable to deliver the goods in
3.      The  notice of invitation    to tender shall be        compliance with Article 1 (3) on the date given in the
                                                               notice of invitation to tender as a result of the late
published in the Official Journal of the European
 Communities not less than nine days before the                availability of the vessels to be used for sea transporta­
closing date for submission of tenders.                        tion, the resulting costs shall be borne by the interven­
                                                               tion agency.
                          Article 3                                                     Article 6
 1 . The prices offered must be expressed in the               1 . The tenderer shall give security in an amount of
currency of the Member State in which the invitation           6 ECU per tonne of goods.
to tender was issued.
                                                               It shall be released :
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being        — in the case of all tenderers whose tenders are
declared successful, expects to complete the customs               unsuccessful or are not accepted,
export formalities for the products concerned.                — in the case of the successful tenderer, when the
                                                                   operations concerned have been carried out within
3 . For the purpose of rendering the tenders compar­               the prescribed time limit and on submission of
able, the prices shall be corrected by the monetary                the original export licence duly granted and
compensatory amount applicable on the closing date                 endorsed by the competent authorities of the
for submission of tenders to exports from the Member               Member State mentioned in the tender pursuant
State mentioned in the tender pursuant to paragraph                to Article 3 (2),
2. Such correction shall be made by :
                                                              — in the case of the successful tenderer, for quanti­
— increasing prices which mention a Member State                   ties not supplied by reason of force majeure.
     whose currency has depreciated,
                                                              2. The security required under paragraph 1 may be
— reducing prices which mention a Member State                provided in the form of a cash deposit or of a
     whose currency has been revalued.                        guarantee issued by a credit institution conforming to
                                                              criteria laid down by each Member State.
The monetary compensatory amount shall, where
appropriate, be converted into the currency of the
Member State in which the invitation to tender is                                      Article 7
issued using :
                                                              The common wheat referred to in Article 1 must be
— in the case when the currencies concerned are
                                                              of fair and sound merchantable quality and corres­
     kept at any given moment within a band of                pond at least to the standard quality for which the
     2-25 % , a conversion rate resulting from their          intervention price is fixed, except that the moisture
     central rate,                                            content shall not exceed 1 5-5 % and that a maximum
— in other cases, the average of the spot rates of the        of 3 % of sprouted grains and 1 -5 % of miscellaneous
     currencies    concerned  recorded  in  the Member        impurities shall be allowed.
 ---pagebreak--- No L 63/ 18                        Official Journal of the European Communities                                 8 . 3 . 80
                         Article 8                            (a) after shipment a certificate showing the quantities
                                                                  dispatched and the quality of the products ;
1 . The Belgian intervention agency shall be respon­
sible for organizing the invitation to tender provided        (b) the date of departure of the ships ;
for by this Regulation .                                      (c) all possible contingencies which might occur
2.     It shall forthwith communicate to the Commis­              during transportation of the products.
sion the list of firms which have responded to the invi­      The information indicated above shall be forwarded
tation to tender, specifying the terms of each tender,
together with the name and business name of the               by the intervention agency to the Commission imme­
successful tenderer.                                          diately upon receipt.
3. Where the customs export formalities for the               5. When the intervention agency responsible for
mobilized product are completed in a Member State             the operations relating to tendering is not the interven­
other than that in which the invitation to tender is          tion agency which appoints the successful tenderer, it
issued, the intervention agency of the latter Member          shall send as soon as possible to the latter the informa­
State shall be responsible for the operations following       tion necessary for releasing the security.
tendering, including payment to the successful
tenderer.
                                                                                      Aritcle 9
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­       On delivery of the goods at the port of shipment, a
vention agency of the Member State concerned and              handing-over certificate shall be supplied to the
shall supply it with all the information which it may         successful tenderer, acting as agent for the Commu­
require.                                                      nity, by the agent of the recipient country, or, in the
Furthermore, the amount of the successful tender              absence of the latter, by the intervention agency of the
shall be paid after it has been converted using the           Member State in whose territory the port of shipment
                                                              is situated .
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                  Article 10
relating to the tendering are completed.
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, 7 March 1980 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President