CELEX: 31981R2655
Language: en
Date: 1981-09-11
Title: Commission Regulation (EEC) No 2655/81 of 11 September 1981 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Mali

15. 9 . 81                              Official Journal of the European Communities                          No L 261 /5
                                 COMMISSION REGULATION (EEC) No 2655/81
                                                    of 11 September 1981
              opening an invitation to tender for the mobilization of maize as food aid for the
                                                       Republic of Mali
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
2727/75 of 29 October 1975 on the common organiza­                Whereas it must be made clear who is to bear any
                                                                  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 1949/81 (2), and in particular                within the time stipulated ;
Article 28 thereof,
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                 given for the purpose of guaranteeing that the obliga­
tions for the mobilization of cereals as food aid (3), and        tions arising by virtue of participation in the invita­
in particular Article 6 thereof,                                  tion to tender for supplies to the Republic of Mali will
                                                                   be fulfilled ;
Having regard to Council Regulation No 129 of 23
October 1962 on the value of the unit of account and              Whereas the French intervention agency should be
the exchange rates to be applied for the purposes of               made responsible for the tendering procedure in ques­
the common agricultural policy (4), as last amended by             tion ;
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 19 May 1981 the Council of the Euro­                    Whereas the measures provided for in this Regulation
pean Communities declared that by way of Commu­                    are in accordance with the opinion of the Manage­
nity action it proposed to grant the Republic of Mali              ment Committee for Cereals,
7 000    tonnes of maize       under its       1981  food-aid
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                   HAS ADOPTED THIS REGULATION :
anywhere on the Community market ;
Whereas the proposed invitation to tender should be                                       Article 1
for supply of the products delivered to Abidjan, that is
at the moment when the goods are actually placed on
the quay or in the lighter where applicable ;                       1.    Tenders are hereby invited for the supply to the
                                                                   Republic of Mali by way of Community food-aid^
                                                                   action of 7 000 tonnes of maize.
Whereas tenders may be submitted by tenderers
established 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            from a Community port.
should be taken of the effect on each tender of the
                                                                    3. The invitation to tender provided for in para­
(1) OJ No L 281 , 1 . 11 . 1975, p. 1 .                            graph 1 is for supply of products delivered to
(2) OJ No L 198, 20. 7. 1981 , p. 2.
b) OJ No L 281 , 1 . 11 . 1975, p. 89.                             Abidjan ; that is at the moment when the goods are
(«) OJ No 106, 30. 10. 1962, p. 2553/62.                            actually placed on the quay or in the lighter where
(5) OJ No L 263, 19. 9. 1973, p. 1 .                                applicable.
 ---pagebreak--- No L 261 /6                        Official Journal of the European Communities                               15 . 9 . 81
4. The successful tenderer shall deliver the product         — in the other cases, the average of the spot rates of
specified in paragraph 1 in new jute sacks of a net                the currencies concerned recorded in the Member
capacity of 50 kilograms.                                          State in which the invitation to tender is issued
                                                                   during a period from the Wednesday of one week
Minimum weight of the sacks shall be 600 grams. The                to the Tuesday of the following week being 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 à la république du Mali.'
                                                                                       Article 4
To allow for the possibility of rebagging, 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 & 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 2 October 1981 .
                                                              1 . The tenderer shall give security in an amount of
 2.    The closing date for submission of tenders shall       6 ECU per tonne of goods.
 be 2 October 1981 at 12 noon.
                                                              It shall be released :
 3.    The notice of invitation to tender shall be
 published in the Official Journal of the European            — in the case of all tenderers whose tenders are
 Communities not less than nine days before the                     unsuccessful or are not accepted,
 closing date for submission of tenders.                      — in the case of the successful tenderer, when the
                                                                    operations concerned have been carried out within
                         Article 3
                                                                    the prescribed time limit and on submission of
                                                                    the original export licence duly granted and
                                                                    endorsed by the competent authorities of the
  1 . The prices offered must be expressed in the
 currency of the Member State in which the invitation               Member State mentioned in the tender pursuant
 to tender was issued.                                              to Article 3 (2),
                                                              — in the case of the successful tenderer, for quanti­
  2. Tenders must in particular mention the Member                  ties not supplied by reason of force majeure.
  State in which the tenderer, in the event of his being
  declared successful, expects to complete the customs         2. The security required under paragraph 1 may be
  export formalities for the products concerned.               provided in the form of a cash deposit or of a
                                                              guarantee issued by a credit institution conforming to
  3. For the purpose of rendering the tenders compar­          criteria laid down by each Member State.
  able the prices shall be corrected by the monetary
  compensatory amount applicable on the closing date
                                                                                       Article 6
  for submission of tenders to exports from the Member
  State mentioned in the tender pursuant to paragraph
                                                               1.     The maize referred to in Article 1 must be of fair
  2. Such correction shall be made by :
                                                               and sound merchantable quality and correspond at
  — increasing prices which mention a Member State             least to the standard quality for which the interven­
      whose currency has depreciated,                          tion price is fixed.
  — reducing prices which mention a Member State
      whose currency has been revalued.                        2. For this purpose the intervention agency of the
                                                               country of shipment shall arrange for a check at the
  The monetary compensatory amount shall, where                port at the time of loading on the nature, quality and
  appropriate, be converted into the currency of the           packaging of the goods. Following inspection an attes­
  Member State in which the invitation to tender is            tation shall be issued. The costs relating thereto shall
  issued using :                                               be borne by the successful tenderer.
  — in the case when the currencies concerned are              3.       Samples intended for analysis shall be taken and
      kept at any given moment within a band of                the inspection shall be carried out in accordance with
      2-25 % , a conversion rate resulting from their          the trade practices in force in the country of ship­
      central rate,                                            ment.
 ---pagebreak--- 15. 9. 81                          Official Journal of the European Communities                            No L 261 /7
                         Article 7                           (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
1 . The French intervention agency shall be respon­               and the type of packing ;
sible for organizing the invitation to tender provided
for by this Regulation.                                      (b) the date of the departure of the ships, the esti­
                                                                  mated date of arrival of the products at their desti­
2.     It shall forthwith communicate to Commission
                                                                  nation ;
the list of firms which have responded to the invita­
tion to tender, specifying the terms of each tender,         (c) all possible contingencies which might occur
together with the name and business name of the                   during transportation of the products.
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 tenderer shall immediately inform the inter­                               Article 8
vention agency of the Member State concerned and
shall supply it with all the information which it may         As regards this tender the intervention agency is
require.                                                      authorized to make an initial payment of 80 % of the
Furthermore, the amount of the successful tender              value of the quantity given in the bill of lading, on
                                                              presentation of that document and subject to the
shall be paid after it has been converted using the           taking of a security for an amount equal to the initial
average of the spot rates referred to in the second           payment.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
 relating to the tendering are completed.                                             Article 9
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, 11 September 1981 .
                                                                        For the Commission
                                                                           Poul DALSAGER
                                                                    Member of the Commission