CELEX: 31980R0168
Language: en
Date: 1980-01-25 00:00:00
Title: Commission Regulation (EEC) No 168/80 of 25 January 1980 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of Guinea

No L 20/30                              Official Journal of the European Communities                            26. 1 . 80
                                    COMMISSION REGULATION (EEC) No 168/80
                                                       of 25 January 1980
               opening an invitation to tender (or the mobilization of common wheat flour as
                                             food aid for the Republic of Guinea
 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
 Having regard to Council Regulation (EEC) No                      best terms ;
 2727/75 of 29 October 1975 on the common organiza­
 tion of the market in cereals (!), 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 time
                                                                   limits specified, it must be made clear who is to bear
 Having regard to Council Regulation (EEC) No                      the liability for any resulting costs ;
 2750/75 of 29 October 1975 laying down the condi­
 tions for the mobilization of cereals as food aid (3), and        Whereas provision should be made for security to be
 in particular Article 6 thereof,                                  given for the purpose of guaranteeing that the obliga­
                                                                   tions arising by virtue of participation in the invita­
 Having regard to Council Regulation No 129 on the                 tion to tender will be fulfilled ;
value of the unit of account and the exchange rates to
 be applied for the purposes of the common agricul­                Whereas the United Kingdom intervention agency
 tural policy (4), as last amended by Regulation (EEC)             should be made responsible for the tendering proce­
 No 2543/73 (5), and in particular Article 3 thereof,              dure ;
 Having regard to the opinion of the Monetary                      Whereas the Commission must be informed quickly
 Committee,
                                                                   of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
Whereas on 8 May 1979 the Council of the European
 Communities declared that it proposed, by way of
                                                                   Whereas the measures provided for in this Regulation
 Community action, to grant the equivalent of 3 000
                                                                   are in accordance with the opinion of the Manage­
tonnes of common wheat (in other words 1 986                       ment Committee for Cereals,
 tonnes of common wheat flour) to the Republic of
 Guinea under its 1978/79 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 to the quay or in the lighter
where applicable at the port of unloading ;
                                                                   1 . Tenders are hereby invited for the supply to the
Whereas tenders may be submitted by tenderers esta­                Republic of Guinea, by way of Community action, of
                                                                   1 986 tonnes of common wheat flour.
 blished in any Member State of the Community and
 may relate to products mobilized anywhere within
 those Member States ; whereas, in view of the currency            2. The tendering procedure shall take place in the
situation in the Member States and in order to ensure              United Kingdom in one lot.
 that the tenders are as comparable as possible, account
( i) OJ No L 281 , 1 . 11 . 1975, p. 1 .                           3.    The products shall be mobilized on the Commu­
(') OJ No L 188, 26. 7. 1979, p. 1 .                               nity market.
P) OJ No L 281 , 1 . 11 . 1975, p. 89.
(«) UJ NO 1 U6, 3U . 1U . 1961, p. LSSSIbJ..
(5) OJ No L 263, 19. 9. 1973, p. 1 .                               4.    Shipment shall be from a Community port.
 ---pagebreak--- 26. 1 . 80                         Official Journal of the European Communities                          No L 20/31
5. The invitation to tender provided for in para­            — reducing prices which mention a Member State
graph 1 is for supply of products to the quay, or in the          whose currency has been revalued.
lighter where applicable, in the port of Conakry.
                                                             The monetary compensatory amount shall, where
6. The successful tenderer shall deliver the product         appropriate, be converted into the currency of the
specified in paragraph 1 in new jute sacks of a net          Member State in which the invitation to tender is
capacity of 50 kilograms.                                    issued using :
                                                             — in the case when the currencies concerned are
The following shall be printed on the sacks :
                                                                   kept at any given moment within a band of
 Farine de froment / Don de la Communauté écono­                   2-25 % , a conversion rate resulting from their
                                                                   central rate,
mique européenne à la république de Guinée'.
                                                             — in the other cases, the average of the spot rates of
                                                                   the currencies concerned recorded in the Member
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                  State in which the invitation to tender is issued
sacks, of the same quality as those containing the                 during a period from the Wednesday of one week
goods but with the printing followed by a capital                  to the Tuesday of the following week being the
letter ' R'.                                                       period immediately preceding the closing date for
                                                                   submission of tenders.
                         Article 2
                                                                                      Article 4
1.    The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken      The contract shall be awarded to the tenderer offering
on 8 February 1980 .                                          the best terms, taking into consideration the adjust­
                                                              ment referred to in Article 3 (3).
2.     The closing date for the submission of tenders
shall be 8 February 1980 at 12 noon .                         However, if the tenders submitted do not appear to
                                                              reflect normal market prices and costs, the interven­
3.     The notice of invitation to tender shall be
                                                              tion agency may cancel the invitation to tender.
published in the Official Journal of the European
 Communities not less than nine days before the
closing date for the submission of tenders.                                            Article 5
                                                              1 . The tenderer shall give security in an amount of
                         Article 3                            12 ECU per tonne of goods.
 1 . The prices offered must be expressed in the              It shall be released :
currency of the Member State in which the invitation
 to tender was issued .                                       — in the case of all tenderers whose tenders are
                                                                    unsuccessful or are not accepted,
 2. Tenders must in particular mention the Member             — in the case of the successful tenderer, when the
 State in which the tenderer, in the event of his being             operations concerned have been carried out within
 declared successful, expects to complete the customs               the prescribed time limit and on submission of
 export formalities for the products concerned.                     the original export licence duly granted and
                                                                    endorsed by the competent authorities of the
 3 . For the purpose of rendering the tenders compar­               Member State mentioned in the tender pursuant
 able, the prices shall, where appropriate, be corrected            to Article 3 (2),
 by the monetary compensatory amount applicable on            — in the case of the successful tenderer, for quanti­
 the closing date for submission of tenders to exports              ties not supplied by reason of force majeure.
 from    the Member State mentioned in the tender
 pursuant to paragraph 2. Such correction shall be
 made by :                                                     2. The security required under paragraph 1 may be
                                                               provided in the form of a cash deposit or of a
 — increasing prices which mention a Member State              guarantee issued by a credit institution conforming to
     whose currency has depreciated,                           criteria laid down by each Member State.
 ---pagebreak---  No L 20/32                        Official Journal of the European Communities                                26. 1 . 80
                         Article 6                            vention agency of the Member State concerned and
 1.    The common wheat flour referred to in Article 1        shall supply it with all the information which it may
                                                              require.
 to be supplied to the Republic of Guinea must meet
 the following requirements :                                  Furthermore, the amount of the successful tender
— moisture : 14 % maximum,                                    shall be paid after it has been converted using the
                                                              average of the spot rates referred to in the second
— protein content : 1 0-5 % minimum (N x 6-25 on              subparagraph of Article 3 (3) to the tenderer in the
     dry matter),                                             currency of the Member State in which the operations
— ash content : 0-52 % maximum referred to dry                relating to the tendering are completed.
     matter.
                                                              4. The intervention agency shall ask that the
 Flour not meeting these requirements shall be                tenderer specifies the following information :
refused.
                                                              (a) after each shipment, a statement giving details of
2.     Tenders for supply to the Republic of Guinea of            the quantities loaded, the quality of the products
the common wheat flour referred to in Article 1 must              and their packaging ;
relate to a product with the following characteristics :      (b) the date of the departure of the ships and the
— moisture : 14 % maximum,                                        expected date of arrival of the products at their
                                                                  destination ;
— protein content : 1 0-5 % minimum (N x 6-25 on
     dry matter),                                             (c) all possible contingencies which might occur
                                                                  during transportation of the products.
— ash content : 0-52 % maximum referred to dry
     matter.                                                  The intervention agency shall transmit the informa­
                                                              tion provided for to the Commission as soon as it is
                         Article 7                            received.
1 . The United Kingdom intervention agency shall              5. When the intervention agency responsible for
be responsible for the operations relating to the invita­     the operations relating to tendering is not the interven­
tion to tender provided for by this Regulation.               tion agency which appoints the successful tenderer, it
                                                              shall send as soon as possible to the latter the informa­
2.     It shall forthwith communicate to the Commis­          tion necessary for releasing the security.
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,                                Article 8
together with the name and business name of the
successful tenderer.                                          As regards this tender, the intervention agency is
                                                              authorized to make an initial payment of 80 % of the
3. Where the customs export formalities for the               value of the quantity given in the bill of lading, on
mobilized product are completed in a Member State             presentation of that document and subject to the
other than that in which the invitation to tender is          taking of a security for an amount equal to the initial
issued, the intervention agency of the latter Member          payment
State shall be responsible for the operations following
tendering, including payment to the successful                                        Article 9
tenderer.
                                                              This Regulation shall enter into force on the day of its
In such case, the intervention agency choosing the            publication in the Official Journal of the European
successful tenderer shall immediately inform the inter­       Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 25 January 1980.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President