CELEX: 31980R1769
Language: en
Date: 1980-07-04 00:00:00
Title: Commission Regulation (EEC) No 1769/80 of 4 July 1980 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Senegal

8 . 7 . 80                                 Official Journal of the European Communities                           No L 173/9
                                     COMMISSION REGULATION (EEC) No 1769/80
                                                            of 4 July 1980
               opening an invitation to tender for the mobilization of maize as food aid for the
                                                        Republic of Senegal
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 1 547/79 (2 ),                                    Whereas provision should be made for security to be
                                                                      given to guarantee fulfilment of the obligations arising
Having regard to Council Regulation (EEC) No                          by virtue of participation in the invitation to tender ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and            Whereas the French intervention agency should be
in particular Article 6 thereof,                                      made responsible for the tendering procedure in ques­
                                                                      tion ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to
                                                                      Whereas it is important that the Commission be
be applied for the purposes of the common agricul­                    informed without delay of the tenders submitted in
tural policy (4), as last amended by Regulation (EEC)
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 Senegal 2 000 tonnes
of maize under its 1979/80 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
 the vessel, the goods to be set down at the place nomi­               1 . Tenders are hereby invited for the supply, by
 nated by the recipient or its agent ;                                way of Community food-aid action to Senegal, of
                                                                      2 000 tonnes of maize .
Whereas tenders may be submitted by tenderers esta­
 blished in any Member State of the Community and
 may relate to products mobilized anywhere within                      2. The tendering procedure shall take place in
 those Member States ; whereas, in view of the currency                France in one lot. The product shall be mobilized on
 situation in the Member States and in order to ensure                 the Community market. The product shall be loaded
 that the tenders are as comparable as possible, account               for departure from any Community port.
 should be taken of the effect on each tender of the
 currency situation in the Member State in which the                   3 . The product referred to in paragraph 1 is to be
 customs export formalities will be completed ;                        delivered in new jute 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
(*) OJ   No  L 188 , 26. 7 . 1979 , p. 1 .                             nated by the recipient country or its agent, the timing
P)  OJ   No  L 281 , 1 . 11 . 1975, p. 89 .
(«) 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--- No L 173 / 10                      Official Journal of the European Communities                                8 . 7 . 80
Minimum weight of sacks shall be 600 grams.                       during a period from the Wednesday of one week
                                                                  to the Tuesday of the following week being the
The following shall be printed on the sacks :                     period immediately preceding the closing date for
                                                                  submission of tenders .
 Maïs / Don de la Communauté économique euro­
péenne au Sénégal '.
                                                                                      Article 4
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty            The contract shall be awarded to the tenderer offering
sacks, of the same quality as those containing the           the best terms, taking into consideration the adjust­
goods but with the printing followed by a capital            ment referred to in Article 3 (3).
letter ' R'.
                                                              However, if the tenders submitted do not appear to
                        Article 2                            reflect normal market prices and costs, the interven­
                                                             tion agency may cancel the invitation to tender.
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken                               Article 5
on 18 July 1980 .
                                                              If the tenderer is unable to deliver the goods in
2.     The closing date for submission of tenders shall      compliance with Article 1 (3) on the date given in the
be 18 July 1980 at 12 noon .                                  notice of invitation to tender as a result of the late
3.     The   notice of  invitation  to  tender  shall be
                                                             availability of the vessels to be used for sea transporta­
                                                             tion, the resulting costs shall be borne by the interven­
published in the Official Journal of the European            tion agency.
Communities not less than nine days before the
closing date for submission of tenders.
                                                                                      Article 6
                        Article 3                             1 . The tenderer shall give security in an amount of
                                                             6 ECU per tonne of goods.
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation          It shall be released :
to tender was issued .
                                                             — in the case of all tenderers whose tenders are
2. Tenders must in particular mention the Member                  unsuccessful or are not accepted,
State in which the tenderer, in the event of his being       — in the case of the successful tenderer, when the
declared successful , expects to complete the customs             operations concerned have been carried out within
export formalities for the products concerned.                    the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
3 . For the purpose of rendering the tenders compar­              endorsed by the competent authorities of the
able, the prices shall be corrected by the monetary               Member State mentioned in the tender pursuant
compensatory amount applicable on the closing date                to Article 3 (2),
for submission of tenders to exports from the Member           — in the case of the successful tenderer, for quanti­
State mentioned in the tender pursuant to paragraph                ties not supplied by reason of force majeure.
2. Such correction shall be made by :
                                                              2. The security required under paragraph 1 may be
— increasing prices which mention a Member State              provided in the form of a cash deposit or of a
     whose currency has depreciated.                         guarantee issued by a credit institution conforming to
— reducing prices which mention a Member State               criteria laid down by each Member State .
    whose currency has been revalued .
                                                                                      Article 7
The monetary compensatory amount shall , where
appropriate, be converted into the currency of the           The maize referred to in Article 1 must be of fair and
Member State in which the invitation to tender is
issued using :                                               sound merchantable quality and correspond at least to
                                                             the standard quality for which the intervention price
— in the case when the currencies concerned are               is fixed .
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their                                  Article 8
    central rate ,
— in the other cases, the average of the spot rates of        1 . The French intervention agency shall be respon­
     the currencies concerned recorded in the Member          sible for organizing the invitation to tender provided
     State in which the invitation to tender is issued        for by this Regulation .
 ---pagebreak--- 8 . 7. 80                          Official Journal of the European Communities                          No L 173/ 11
2.     It shall forthwith communicate to the Commis­          (b) the date of departure of the ship ;
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
3. Where the customs export formalities for the               by the intervention agency to the Commission imme­
mobilized product are completed in a Member State             diately upon receipt.
other than that in which the invitation to tender
is issued, the intervention agency of the latter Member       5. When the intervention agency responsible for
State shall be responsible for the operations following       the operations relating to tendering is not the interven­
tendering, including payment to the successful                tion agency which appoints the successful tenderer, it
tenderer.                                                     shall send as soon as possible to the latter the informa­
                                                              tion necessary for releasing the security.
In such case, the intervention agency choosing the
successful tender shall immediately inform the inter­
vention agency of the Member State concerned and                                      Article 9
shall supply it with all the information which it may
require .                                                     On delivery of the goods at the port of shipment, a
                                                              hand-over certificate shall be supplied to the
Furthermore, the amount of the successful tender              successful tenderer, acting as agent for the Commu­
shall be paid after it has been converted using the           nity, by the agent of the recipient country, or, in the
average of the spot rates referred to in the second           absence of the latter, by the intervention agency of the
subparagraph of Article 3 (3) to the tenderer in the          Member State in whose territory the port of shipment
currency of the Member State in which the operations          is situated .
relating to the tendering are completed .
4. The intervention agency shall request the                                          Article 10
successful tenderer to supply the following informa­
tion :
                                                              This Regulation shall enter into force on the day of its
(a) after shipment a certificate showing the quantites        publication in the Official Journal of the European
     dispatched and the quality of the products ;              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