CELEX: 31980R1266
Language: en
Date: 1980-05-23 00:00:00
Title: Commission Regulation (EEC) No 1266/80 of 23 May 1980 opening an invitation to tender for the mobilization of maize as food aid for the World Food Programme

No L 129 /8                                    Official Journal of the European Communities                            24 . 5 . 80
                                         COMMISSION REGULATION (EEC) No 1266/ 80
                                                               of 23 May 1980
              opening an invitation to tender for the mobilization of maize as food aid for the
                                                          World Food Programme
THE COMMISSION OF THE EUROPEAN                                           currency situation in the Member State in which the
COMMUNITIES ,                                                            customs export formalities will be completed ;
Having regard to the Treaty establishing the European                    Whereas     the contract should be awarded to the
Economic Community,                                                      tenderer who makes the best offer ;
Having regard to Council Regulation ( EEC) No                            Whereas it must be made clear who is to bear any
2727/75 of 29 October 1975 on the common organiza­                       costs which arise in the event that for reasons of force
tion of the market in cereals ('), as last amended by                     majeure the operation in question is not completed
Regulation ( EEC) No 1 547 /79 (*'),                                     within the time stipulated ;
Having regard to Council Regulation ( EEC) No
                                                                         Whereas provision should be made for security to be
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3 ), and              given to guarantee fulfilment of the obligations arising
                                                                         by virtue of participation in the invitation to tender ;
in particular Article 6 thereof,
Having regard to Council Regulation No 129 on the                        Whereas the French intervention agency should be
value of the unit of account and the exchange rates to                   made responsible for the tendering procedure in ques­
                                                                         tion ;
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 it is important that the Commission be
                                                                         informed without delay of the tenders submitted in
Having regard to the opinion of the Monetary                              response to the invitation and of those accepted by
Committee ,                                                              the intervention agency ;
Whereas on 8 May 1979 the Council of the European                        Whereas the measures provided for in this Regulation
Communities declared that that by way of Commu­                          are in accordance with the opinion of the Manage­
nity action it proposed to grant the World Food                          ment Committee for Cereals ,
Programme 2 553 tonnes of maize 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 ;
Whereas the proposed invitation to tender should be                                              Art tele 1
for supply of the products delivered to Mombasa, that
is at the moment when the goods arc actually placed
on the quay or in the lighter where applicable ;                          1.    Tenders are hereby invited for the supply, by
                                                                          way of Community food-aid action to the World Food
                                                                          Programme, of 2 553 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 products shall be mobilized on
situation in the Member States and in order to ensure                     the Community market. The products shall be loaded
that the tenders are as comparable as possible , account                  for departure from a Community port .
should be taken of the effect on each tender of the
                                                                          3.    The invitation to tender provided for in para­
 ') OJ  No  L 281 , I. 11 . 197S , p. I.                                  graph 1 is for supply of products delivered to
 :) OJ  No  L 1 88 , 26 .    1 979 , p. 1 .
 ') OJ  No  L 281 , 1 . 11 , 197S , p. 89 .                               Mombasa, that is at the moment when the goods are
 A) OJ  No  106 , 30 . 10 . 1962 , p. 25S3 / 62 .                         actually placed on the quay or in the lighter where
 5) OJ  No  L 263 , 19 . 9 . 1 9 "" 3 , p. 1 .                            applicable .
 ---pagebreak--- 24 . 5 . 80                         Official Journal of the European Communities                          No L 129 / 9
4.     The successful tenderer shall deliver the product                                 Article 4
specified in paragraph 1 in new jute sacks of a net
capacity of 80 kilograms .                                    The contract shall be awarded to the tenderer offering
                                                              the best terms, taking into consideration the adjust­
Minimum weight of the sacks shall be 700 grams. The           ment referred to in Article 3 ( 3 ).
following shall be printed on the sacks :
'1 185 / Maize / Mombasa in transit to Uganda /                However, if the tenders submitted do not appear to
Supplied by the World Food Programme / Gift of the            reflect normal market prices and costs, the interven­
 European Economic Community'.                                tion agency may cancel the invitation to tender .
To allow for the possibility of re-bagging, the                                          Article 5
successful tenderer shall supply 2 % of new empty
 sacks of the same quality as those containing the             1 . The tenderer shall give security in an amount of
goods but with the printing followed by a capital              6 ECU per tonne of goods .
 letter ' R \
                                                               It shall be released :
                         Article 2                            — in the case of all tenderers whose tenders are
 1.     The decision on tenders received in response to             unsuccessful or are not accepted,
 the invitation provided for in Article 1 shall be taken      — in the case of the successful tenderer, when the
 on 6 June 1980 .                                                   operations concerned have been carried out within
                                                                    the prescribed time limit and on submission of
 2 . The closing date for submission of tenders shall
 be 6 June 1980 at 12 noon .
                                                                    the original export licence duly granted and
                                                                    endorsed by the competent authorities of the
 3.     The    notice of invitation  to  tender  shall be           Member State mentioned in the tender pursuant
 published in the Official Journal of the European                  to Article 3 ( 2),
 Communities not less than nine days before the                — in the case of the successful tenderer, for quanti­
 closing date for submission of tenders .                           ties not supplied by reason of force majeure.
                         A rticle 3                            2 . The security required under paragraph 1 may be
 1 . The prices offered must be expressed in the               provided in the form of a cash deposit or of a
 currency of the Member State in which the invitation          guarantee issued by a credit institution conforming to
 to tender was issued .                                        criteria laid down by each Member State .
 2.     Tenders must in particular mention the Member                                    Article 6
 State in which the tenderer, in the event of his being
 declared successful , expects to complete the customs         The maize referred to in Article 1 must be of fair and
 export formalities for the products concerned .               sound merchantable quality and correspond at least to
 3.     For the purpose of rendering the tenders compar­       the standard quality for which the intervention price
                                                               is fixed .
 able the prices shall be corrected by the monetary
 compensatory amount applicable on the closing date
                                                                                         Article 7
 for submission of tenders to exports from the Member
 State mentioned in the tender pursuant to paragraph
                                                                1 . The French intervention agency shall be respon­
 2 . Such correction shall be made by :                        sible for organizing the invitation to tender provided
 — increasing prices which mention a Member State              for by this Regulation .
      whose currency has depreciated ,
                                                               2.      It shall forthwith communicate to the Commis­
 — reducing prices which mention a Member State
      whose currency has been revalued .                       sion the list of firms which have responded to the invi­
                                                               tation to tender, specifying the terms of each tender,
 The monetary compensatory amount shall , where                together with the name and business name of the
 appropriate , be converted into the currency of the           successful tenderer .
 Member State in which the invitation to tender is
 issued using :                                                3.      Where the customs export formalities for the
 — in      the case when   the currencies concerned arc­       mobilized product are completed in a Member State
                                                               other than that in which the invitation to tender is
      kept at any given moment within a band of
      2 2.S % , a conversion rate resulting from their          issued , the intervention agency of the latter Member
      central rate ,                                           State shall be responsible for the operations following
                                                               tendering, including payment to the successful
 — in the other cases, the average of the spot rates of         tenderer .
      the currencies concerned recorded in the Member
      State in which the invitation to tender is issued         In such case, the intervention agency choosing the
      during a period from the Wednesday of one week            successful tenderer shall immediately inform the inter­
      to the Tuesday of the following week being the           vention agency of the Member State concerned and
      period immediately preceding the closing date for         shall supply it with all the information which it may
      submission of tenders .                                   require .
 ---pagebreak--- No L 129 / 10                     Official Journal of the European Communities                               24 . 5 . 80
Furthermore , the amount of the successful tender            5 . When the intervention agency responsible for
shall be paid after it has been converted using the          the operations relating to tendering is not the interven­
average of the spot rates referred to in the second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 ( 3 ) to the tenderer in the       shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security .
relating to the tendering are completed .
4. The intervention agency shall request the                                         Article 8
successful tenderer to supply the following informa­
tion :
                                                             As regards this tender the intervention agency is auth­
(a) after each shipment, a statement giving details of       orized to make an initial payment of 80 % of the
    the quantities loaded , the quality of the products      value of the quantity given in the bill of lading, on
    and the type of packing ;                                presentation of that document and subject to the
(b) the date of the departure of the ships, the esti­        taking of a security for an amount equal to the initial
    mated date of arrival of the products at their desti­    payment .
    nation ;
(c) all possible contingencies which might occur                                     Article 9
    during transportation of the products .
The information indicated above shall be forwarded           This Regulation shall enter into force on the day of its
by the intervention agency to the Commission imme­           publication in the Official Journal of the European
diately upon receipt .                                       Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 23 May 1980 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President