CELEX: 31980R0101
Language: en
Date: 1980-01-18 00:00:00
Title: Commission Regulation (EEC) No 101/80 of 18 January 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Rwanda

19 . 1 . 80                               Official Journal of the European Communities                         No L 14/ 11
                                      COMMISSION REGULATION (EEC) No 101 /80
                                                         of 18 January 1980
               opening an invitation to tender for the mobilization of common wheat as food
                                                  aid for the Republic of Rwanda
THE COMMISSION OF THE EUROPEAN                                       Whereas provision should be made for security to be
COMMUNITIES,                                                         given to guarantee fulfilment of the obligations arising
Having regard to the Treaty establishing the European                by virtue of participation in the invitation to tender ;
Economic Community,
                                                                     Whereas the Belgian intervention agency should be
Having regard to Council Regulation (EEC) No                         made responsible for the tendering procedure in ques­
2727/75 of 29 October 1975 on the common organiza­                   tion ;
tion of the market in cereals ('), as last amended by
Regulation (EEC) No 1 547/79 (2),                                    Whereas the Commission must be informed quickly
Having regard to Council Regulation (EEC) No                         of the tenders submitted in response to the invitation
2750/75 of 29 October 1975 laying down the condi­                    and of those accepted by the intervention agency ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                     Whereas the measures provided for in this Regulation
                                                                     are in accordance with the opinion of the Manage­
Having regard to Council Regulation No 129 on the                    ment Committee for Cereals,
value of the unit of account and the exchange rates to
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,                 HAS ADOPTED THIS REGULATION :
Having regard to the opinion of the Monetary
Committee,                                                                                    Article 1
Whereas on 8 May 1979 the Council of the European
Communities declared that by way of Community                         1 . Tenders are hereby invited for the supply by way
action it proposed to grant the Republic of Rwanda                   of Community food-aid action to the Republic of
 1 500 tonnes of common wheat under its 1978 /79                     Rwanda of 1 500 tonnes of common wheat.
food-aid programme ;
                                                                     2. The tendering procedure shall take place in
Whereas pursuant to Article 3 (3) of Council Regula­                 Belgium in one lot.
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                   3 . The products shall be mobilized on the Commu­
Whereas the proposed invitation to tender should be                  nity market.
for supply of the products delivered to Kigali ;
                                                                     4.     Shipment shall be from a Community port.
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                     5. The invitation to tender provided for in para­
may relate to products mobilized anywhere within                     graph 1 is for supply of the products delivered to
those Member States ; whereas, in view of the currency               Kigali .
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account              6.     The    successful  tenderer  shall   deliver  the
should be taken of the effect on each tender of the
                                                                     products specified in paragraph 1 in new jute sacks of
currency situation in the Member State in which the                  a net capacity of 50 kilograms.
customs export formalities will be completed ;
Whereas the contract should be awarded to the                        Minimum weight of the sacks shall be 600 grams. The
tenderer offering the best terms ;                                   following shall be printed on the sacks :
Whereas in case it should be impossible for reasons of               ' Froment tendre / Don de la Communauté écono­
force majeure to complete the operation in question                   mique européenne à la république du Rwanda /
within the set time limits, it must be made clear who                 Destiné à la vente'.
is to bear any costs resulting therefrom ;
                                                                     To allow for the possibility of re-bagging, the
(')  OJ   No L 281 , 1 . 11 . 1975, p. 1 .                            successful tenderer shall supply 2 % of new empty
(2)  OJ   No L 188, 26. 7. 1979, p. 1 .                               sacks, of the same quality as those containing the
(3   OJ   No L 281 , 1 . 11 . 1975, p. 89.
(4)  OJ   No 106, 30. 30. 1962, p. 2553/62.                          goods but with the printing followed by a capital
(5 ) OJ   No L 263, 19 . 9 . 1973 , p. 1 .                            letter 'R '.
 ---pagebreak--- No L 14/ 12                        Official Journal of the European Communities                              19 . 1 . 80
                        Article 2                                                      Article 5
1 . The decision on tenders received in response to           1 . The tenderer shall give security in an amount of
the invitation provided for in Article 1 shall be taken      6 ECU per tonne of goods.
on 1 February 1980 .
                                                             It shall be released :
2. The closing date for the receipt of tenders shall
be 1 February 1980 at 12 noon .                              — in the case of all tenderers whose tenders are
3.    The   notice of   invitation  to  tender  shall be          unsuccessful or are not accepted,
published in the Official Journal of the European            — in the case of the successful tenderer, when the
Communities not less than nine days before the                    operations concerned have been carried out within
closing date for submission of tenders.                           the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
                        Arttele 3                                 endorsed by the competent authorities of the
                                                                  Member State mentioned in the tender pursuant
1 . The prices offered must be expressed in the                   to Article 3 (2),
currency of the Member State in which the invitation         — in the case of the successful tenderer, for quanti­
to tender was issued.
                                                                  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 the 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, where appropriate, be corrected
by the monetary compensatory amount applicable on                                      Article 6
the closing date for submission of tenders to exports
from   the Member State      mentioned    in the tender      The    product referred to in Article 1 must be of fair
pursuant to paragraph 2 . Such correction shall be           and    sound merchantable quality and correspond at
made by :                                                    least   to the standard quality for which the interven­
                                                             tion   price is fixed, except that the moisture content
— increasing prices which mention a Member State             shall not exceed 14 5 % and that a maximum of 3 %
    whose currency has depreciated,                          of sprouted grains and 1-5 % of miscellaneous impuri­
— reducing prices which mention a Member State               ties shall be allowed .
    whose currency has been revalued .
The monetary compensatory amount shall , where                                         Article 7
appropriate, be converted into the currency of the
Member State in which the invitation to tender is
                                                              1 . The Belgian intervention agency shall be respon­
issued using :
                                                             sible for operations relating to 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
    2-25 % , a conversion rate resulting from their           2.     It shall forthwith communicate to the Commis­
    central rate ,                                           sion the list of firms which have responded to the invi­
— in the other cases, the average of the spot rates of        tation to tender, specifying the terms of each tender,
    the currencies concerned recorded in the Member           together with the name and business name of the
    State in which the invitation to tender is issued         successful tenderer.
    during a period from the Wednesday of one week
    to the Tuesday of the following week being the            3.     Where the customs export formalities for the
    period immediately preceding the closing date for         mobilized product are completed in a Member State
    submission of tenders .                                   other than that in which the invitation to tender is
                                                              issued, the intervention agency of the latter Member
                        Article 4
                                                              State shall be responsible for the operations following
                                                              tendering, including payment to the successful
                                                              tenderer .
The contract shall be awarded to the tenderer offering
the best terms, taking into consideration the adjust­
ment referred to in Article 3 (3).                            In such case, the intervention agency choosing the
                                                              successful tenderer shall immediately inform the inter­
However, if the tenders submitted do not appear to            vention agency of the Member State concerned and
reflect normal market prices and costs, the interven­         shall supply it with all the information which it may
tion agency may cancel the invitation to tender.              require .
 ---pagebreak--- 19 . 1 . 80                       Official Journal of the European Communities                             No L 14/ 13
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 ask that the                                         Article 8
tenderer specifies the following information :
                                                              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 their packaging ;
                                                              presentation of that document and subject to the
(b) the date of the departure of the ships ; the              taking of a security for an amount equal to the initial
     expected date of arrival of the products at their        payment.
     destination ;
(c) all possible contingencies which might occur
                                                                                      Article 9
     during transportation of the products.
The intervention agency shall transmit the informa­           This Regulation shall enter into force on the day of its
tion provided for to the Commission as soon as it is          publication in the Official Journal of the European
received .                                                     Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 18 January 1980.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President