CELEX: 31980R0517
Language: en
Date: 1980-02-29 00:00:00
Title: Commission Regulation (EEC) No 517/80 of 29 February 1980 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Zambia

No L 58 / 64                              Official Journal of the European Communities                               1 . 3 . 80
                                     COMMISSION REGULATION (EEC) No 517/80
                                                         of 29 February 1980
              opening an invitation to tender for the mobilization of maize as food aid for the
                                                        Republic of Zambia
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 1547/79(2),                                      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                    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 will be fulfilled ;
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
be applied for the purposes of the common agricul­                   tion ;
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
Communities declared that by way of Community                        Whereas the measures provided for in this Regulation
action it proposed to grant the Republic of Zambia                   are in accordance with the opinion of the Manage­
                                                                     ment Committee for Cereals,
16 000    tonnes   of    maize     under     its   1977/ 78  and
1978/79 food-aid programmes ;
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 Durban, 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 Zambia, by way of Community food-aid
                                                                     action, of 16 000 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 two lots (lot 1 : 8 000 tonnes, 2 : 8 000
situation in the Member States and in order to ensure                tonnes). The products shall be mobilized on the
that the tenders are as comparable as possible, account              Community market. The products shall be loaded for
should be taken of the effect on each tender of the                  departure from a Community port.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                              3.     The invitation to tender provided for in para­
(2 ) OJ No L 188 , 26 . 7 . 1979 , p. 1 .                            graph 1 is for supply of products delivered to Durban
P ) OJ No L 281 , 1 . 11 . 1975, p. 89 .
(«) OJ No 106, 30 . 10 . 1962, p. 2553/62.                           that is ar the moment when the goods are actually
p ) OJ No L 263 , 19 . 9 . 19 73 , p. 1 .                            placed on the quay or in the lighter where applicable.
 ---pagebreak---  1 . 3 . 80                         Official Journal of the European Communities                         No L 58 /65
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 .
'Yellow maize — Gift of the European Economic
Community to Zambia.'
                                                                                       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
                                                              reflect normal market prices and costs, the interven­
                         Article 2
                                                              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 14 March 1980 .
                                                              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 14 March 1980 , at 12 noon .
                                                              It shall be released :
3.      The   notice of  invitation to   tender  shall be
                                                              — in the case of all tenderers whose tenders are
published in the Official Journal of the European
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
                                                                   the prescribed time limit and on submission of
                        Article 3                                 the original export licence duly granted and
                                                                  endorsed by the competent authorities of the
1 . The prices offered must be expressed in the                   Member State mentioned in the tender pursuant
currency of the Member State in which the invitation              to Article } (2),
to tender was issued .
                                                              — in the case of the successful tenderer, for quanti­
                                                                  ties not supplied by reason of force majeure.
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being        2. The security required under paragraph 1 may be
declared successful, expects to complete the customs          provided in rhe form of a cash deposit or of a
export formalities for the products concerned.                guarantee issued by a credit institution conforming to
                                                              criteria laid down by each Member State .
3 . For the purpose of rendering the tenders compar­
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           The maize referred to in Article 1 must be of fair and
2. Such correction shall be made by :                         sound merchantable quality and correspond at least to
                                                              the standard quality for which the intervention price
— increasing prices which mention a Member State              is fixed .
      whose currency has depreciated,
— reducing prices which mention a Member State
                                                                                       Article 7
      whose currency has been revalued .
The monetary compensatory amount shall, where                 1 . The French intervention agency shall be respon­
appropriate, be converted into the currency of the            sible for organizing the invitation to tender provided
Member State in which the invitation to tender is             for by this Regulation .
issued using :                                                2.     It shall forthwith communicate to the Commis­
— in the case when the currencies concerned are               sion the list of firms which have responded to the invi­
      kept at any given moment within a band of               tation to tender, specifying the terms of each tender,
      2-25 % , a conversion rate resulting from their         together with the name and business name of the
      central rate ,                                          successful tenderer.
 ---pagebreak--- No L 58 / 66                      Official Journal of the European Communities                                 1 . 3 . 80
3 . Where the customs export formalities for the             (c) all possible contingencies which might occur
mobilized product are completed in a Member State                during transportation of the products.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member         The information indicated above shall be forwarded
State shall be responsible for the operations following      by the intervention agency to the Commission imme­
tendering, including payment to the successful               diately upon receipt.
tenderer.
In such case, the intervention agency choosing the
                                                             5. When the intervention agency responsible for
successful tenderer shall immediately inform the inter­      the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
vention agency of the Member State concerned and
                                                             shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may
                                                             tion necessary for releasing the security.
require .
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                  Article 8
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the         As regards this tender the intervention agency is auth­
currency of the Member State in which the operations         orized to make an initial payment of 80 % of the
relating to the tendering are completed .                    value of the quantity given in the bill of lading, on
                                                             presentation of that document and subject to the
4. The intervention agency shall request the                 taking of a security for an amount equal to the initial
successful tenderer to supply the following informa­         payment .
tion :
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products                               Article 9
    and the type of packing ;
(b) the date of the departure of the ships, the esti­        This Regulation shall enter into force on the day of its
    mated date of arrival of the products at their desti­    publication in the Official Journal of the European
    nation ;                                                  Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 February 1980 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President