CELEX: 31980R1770
Language: en
Date: 1980-07-04 00:00:00
Title: Commission Regulation (EEC) No 1770/80 of 4 July 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Senegal

No L 173/ 12                             Official Journal of the European Communities                             8 . 7 . 80
                                     COMMISSION REGULATION (EEC) No 1770/80
                                                          of 4 July 1980
               opening an invitation to tender for the mobilization of common wheat as food
                                                 aid for the Republic of Senegal
THE COMMISSION OF THE EUROPEAN                                      that the tenders are as comparable as possible, account
 COMMUNITIES,                                                       should be taken of the effect on each tender of the
                                                                    currency situation in the Member State in which the
Having regard to the Treaty establishing the European               customs export formalities will be completed ;
 Economic Community,
                                                                    Whereas the award under the invitation to tender
 Having regard to Council Regulation (EEC) No                       must be made in favour of the tenderer offering the
2727/75 of 29 October 1975 on the common organiza­                  best terms ;
tion of the market in cereals ('), as last amended by
Regulation (EEC) No 1 547/79 (2),                                   Whereas, should force majeure make it impossible to
                                                                    complete the operation in question within the set
 Having regard to Council Regulation (EEC) No                       time limits, it should be made clear who is to bear the
2750/75 of 29 October 1975 laying down the condi­                   liability for any resulting costs ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,
                                                                    Whereas provisions should be made for security to be
                                                                    given for the purpose of guaranteeing that the obliga­
Having regard to Council Regulation No 129 on the                   tions arising by virtue of participation in the invita­
value of the unit of account and the exchange rates to              tion to tender will be fulfilled ;
be applied for the purposes of the common agricul­
tural policy (4), as last amended by Regulation (EEC)
 No 2543/73 (5), and in particular Article 3 thereof,               Whereas the French intervention agency should be
                                                                    made responsible for the tendering procedure in ques­
                                                                    tion ;
 Having regard to the opinion of the Monetary
Committee,
                                                                    Whereas the Commission must be informed quickly
Whereas on 28 May 1980 the Council of the Euro­                     of the tenders submitted in response to the invitation
pean Communities declared that by way of Commu­                     and of those accepted by the intervention agency ;
nity action it proposed to grant Senegal 5 000 tonnes
of   common       wheat     under      its   1979 / 80 food-aid
                                                                    Whereas the measures provided for in this Regulation
programme ;                                                         are in accordance with the opinion of the Mangement
                                                                    Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
Whereas tenders should be invited for the supply of                 HAS ADOPTED THIS REGULATION :
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                                            Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
may relate to products mobilized anywhere within                    1 . Tenders are hereby invited for the supply, by
those Member States ; whereas, in view of the currency              way of Community food-aid action , to Senegal of
                                                                    5 000 tonnes of common wheat .
situation in the Member States and in order to ensure
(') OJ No  L 281 , 1 . 11 . 1975, p. 1 .                            2. The tendering procedure shall take place in
(2) OJ No  L 188 , 26. 7. 1979, p. 1 .
(}) OJ No  L 281 , 1 . 11 . 1975, p. 89.                            France in one lot. The product shall be mobilized on
(4) OJ  No  106, 30 . 10 . 1962, p . 2553/62 .                      the Community market. The product shall be loaded
(5) OJ  No L 263 , 19 . 9 . 1973 , p. 1 .                           for the departure from any Community port .
 ---pagebreak--- 8 . 7. 80                          Official Journal of the European Communities                           No L 173 / 13
3. The product referred to in paragraph 1 is to be                 State in which the invitation to tender is issued
delivered in new jute sacks of a net capacity of 50 kilo­          during a period from the Wednesday of one week
grams to the port of shipment in the vicinity of the               to the Tuesday of the following week being the
vessel . The goods must be set down at the place nomi­             period immediately preceding the closing date for
nated by the recipient country or its agent, the timing            submission of tenders .
of delivery being settled by the tenderer and the recip­
ient country's agent.                                                                   Article 4
Minimum weight of the sacks shall be 600 grams. The          The contract shall be awarded to the tenderer offering
following shall be printed on the sacks :                    the best terms, taking into consideration the adjust­
' Froment / Don de la Communauté économique euro­             ment referred to in Article 3 (3).
péenne au Sénégal'.                                           However, if the tenders submitted do not appear to
To allow for the possibility of re-bagging, the               reflect normal market prices and costs, the interven­
successful tenderer shall supply 2 % of new empty             tion agency may cancel the invitation to tender.
sacks, of the same quality as those containing the                                      Article 5
goods but with the printing followed by a capital
letter 'R '.                                                  If the tenderer is unable to deliver the goods in
                                                              compliance with Article 1 (3) on the date given in the
                         Article 2                            notice of invitation to tender as a result of the late
 1.     The decision on tenders received in response to       availability of the vessels to be used for sea transporta­
                                                              tion, the resulting costs shall be borne by the interven­
 the invitation provided for in Article 1 shall be taken
                                                              tion agency.
 on 18 July 1980 .
 2.     The closing date for submission of tenders shall                                Article 6
 be 18 July 1980 at 12 noon .                                  1 . The tenderer shall give security in an amount of
 3.     The notice of invitation to tender shall be           6 ECU per tonne of goods.
 published in the Official Journal of the European            It shall be released :
 Communities not less than nine days before the'
                                                              — in the case of all tenderers whose tenders are
 closing date for submission of tenders.
                                                                   unsuccessful or are not accepted,
                         Article 3                            — in the case of the successful tenderer, when the
                                                                   operations concerned have been carried out within
  1 . The prices offered must be expressed in the                  the prescribed time limit and on submission of
 currency of the Member State in which the invitation              the original export licence duly granted and
 to tender was issued .
                                                                   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 purpose 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 :                                                Article 7
 — increasing prices which mention a Member State             The common wheat referred to in Article 1 must be
       whose currency has depreciated,                        of fair and sound merchantable quality and corres­
 — reducing prices which mention a Member State                pond at least to the standard quality for which the
       whose currency has been revalued .                     reference price is fixed .
 The monetary compensatory amount shall , where                                         Article 8
 appropriate, be converted into the currency of the
  Member State in which the invitation to tender is            1 . The French intervention agency shall be
  issued using :                                               responsible for organizing the invitation to tender
 — in the case when the currencies concerned are               provided 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 other cases, the average of the spot rates of the        together with the name and business name of the
       currencies concerned   recorded in the Member           successful tenderer.
 ---pagebreak--- No L 173 / 14                      Official Journal of the European Communities                               8 . 7. 80
3. Where the customs export formalities for the              The information indicated above shall be forwarded
mobilized product are completed in a Member State            by the intervention agency to the Commission imme­
other than that in which the invitation to tender is         diately upon receipt.
issued, the intervention agency of the latter Member
State shall be responsible for the operations following       5 . When the intervention agency responsible for
tendering, including payment to the successful               the operations relating to tendering is not the interven­
tenderer.
                                                             tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the           shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­      tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may
require.                                                                             Article 9
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the          On delivery of the goods at the port of shipment, a
average of the spot rates referred to in the second          handing-over certificate shall be supplied to the
subparagraph of Article 3 (3) to the tenderer in the         successful tenderer, acting as agent for the Commu­
currency of the Member State in which the operations         nity, by the agent of the recipient country, or, in the
relating to the tendering are completed .                    absence of the latter, by the intervention agency of the
                                                             Member State in whose territory the port of shipment
4. The intervention agency shall request the                 is situated .
successful tenderer to supply the following informa­
tion :
(a) after shipment, a certificate showing the quantities                             Article 10
    dispatched and the quality of the products ;
(b) the date of departure of the ships ;                     This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur              publication in the Official Journal of the European
    during transportation 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