CELEX: 31980R0629
Language: en
Date: 1980-03-14
Title: Commission Regulation (EEC) No 629/80 of 14 March 1980 opening an invitation to tender for the mobilization of maize meal as food aid for the International Committee of the Red Cross

No L 69/26                              Official Journal of the European Communities                             15. 3 . 80
                                       COMMISSION REGULATION (EEC) No 629/80
                                                         of 14 March 1980
                opening an invitation to tender for the mobilization of maize meal as food aid
                                     for the International Committee of the Red Cross
  THE COMMISSION OF THE EUROPEAN                                      Whereas the award under the invitation to tender
  COMMUNITIES,                                                        must be made to the tenderer offering the best terms ;
  Having regard to the Treaty establishing the European
  Economic Community,                                                 Whereas, should force majeure make it impossible to
                                                                      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 ;
  2727/75 of 29 October 1975 on the common organiza­
  tion of the market in cereals (j), as last amended by
  Regulation (EEC) No 1 547/79 (2),                                   Whereas provision should be made for security to be
                                                                     given for the purpose of guaranteeing that the obliga­
  Having regard to Council Regulation (EEC) No                        tions arising by virtue of participation in the invita­
 2750/75 of 29 October 1975 laying down the condi­                   tion to tender will be fulfilled ;
 tions for the mobilization of cereals as food aid (3), and
 in particular Article 6 thereof,                                    Whereas the Italian intervention agency should be
                                                                     made responsible for the tendering procedure ;
 Having regard to Council Regulation No 129 on the
 value of the unit of account and the exchange rates to
 be applied for the purposes of the common agricul­                  Whereas the Commission must be informed quickly
 tural policy (4), as last amended by Regulation (EEC)               of the tenders submitted in response to the invitation
 No 2543/73 (5), and in particular Article 3 thereof,                and of those accepted by the intervention agency ;
 Having regard to the opinion of the Monetary                        Whereas the measures provided for in this Regulation
 Committee,                                                          are in accordance with the opinion of the Manage­
                                                                     ment Committee for Cereals,
 Whereas on 8 May 1979 the Council of the European
 Communities declared that it proposed, by way of
 Community action, to grant 600 tonnes of maize meal
 to the International Committee of the Red Cross
 under its 1978 /79 food-aid programme ;                             HAS ADOPTED THIS REGULATION :
Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                                           Article 1
Whereas the proposed invitation to tender should be
 for supply of the products on the quay or in the                    1 . Tenders are hereby invited for the supply to the
 lighter where applicable at the port of unloading ;                 International Committee of the Red Cross by way of
                                                                     Community action of 600 tonnes of maize meal .
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                     2. The tendering procedure shall take place in Italy
may relate to products mobilized anywhere within                     in one lot. The product shall be mobilized on the
 those Member States ; whereas, in view of the currency              Community market. The product shall be loaded for
situation in the Member States and in order to ensure                departure from any Community port.
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
currency situation in the Member State in which the                  3 . The invitation to tender provided for in para­
customs export formalities will be completed ;                       graph 1 is for supply of products on the quay or in
                                                                     the lighter where applicable, in the port of Lobito.
(!)  OJ No  L 281 , 1 . 11 . 1975, p. 1 .
(2 ) OJ No  L 188 , 26 . 7. 1979 , p. 1 .                            4. The successful tenderer shall deliver the product
 3   OJ No  L 281 , 1 . 11 . 1975, p. 89 .
(4)  OJ No  106, 30 . 10. 1962, p. 2553/62.                          specified in paragraph 1 in new jute sacks lined with
(5 ) OJ No  L 263 , 19 . 9 . 1973 , p. 1 .                           cotton sacks of a net capacity of 50 kilograms.
 ---pagebreak--- 15 . 3 . 80                       Official Journal of the European Communities                         No L 69 / 27
Minimum weight of the sacks shall be 600 grams.             — in the case when the currencies concerned are
                                                                 kept at any given moment within a band of
On the sacks shall be printed a red cross 15 x 15 cm,            2-25 % , a conversion rate resulting from their
as well as the following :                                       central rate,
                                                            — in the other cases, the average of the spot rates of
 ANG-009 / Semola de mimo / Dom da Comunidade                    the currencies concerned recorded in the Member
Econòmica Europeia / Acgào do Comité internacional               State in which the invitation to tender is issued
da Cruz Vermelha / Distribuirà gratùita / Lobito'.               during a period from the Wednesday of one week
                                                                 to the Tuesday of the following week, being the
To allow for the possibility of re-bagging, the                  period immediately preceding the closing date for
                                                                 submission of tenders .
successful tenderer shall supply 2 % of new empty
sacks of the same quality as those containing the
goods but with the printing followed by a capital
letter 'R '.                                                                         Article 4
                                                            The contract shall be awarded to the tenderer offering
                        Article 2                           the best terms, taking into consideration the adjust­
                                                            ment referred to in Article 3 (3).
1 . The decision on tenders received in response to          However, if the tenders submitted do not appear to
the invitation provided for in Article 1 shall be taken      reflect normal market prices and costs, the interven­
on 28 March 1980 .
                                                             tion agency may cancel the invitation to tender.
2.     The closing date for submission of tenders shall
be 28 March 1980 at 12 noon .                                                        Article 5
3.     The notice of invitation    to tender shall be        1 . The tenderer shall give security in an amount of
published in the Official Journal of the European            12 ECU per tonne of the products.
Communities not later than nine days before the
closing date for submission of tenders.                      It shall be released :
                                                            — in the case of all tenderers whose tenders are
                        Article 3                                 unsuccessful or are not accepted,
                                                            — in the case of the successful tenderer, when the
1 . The prices offered must be expressed in the                   operations concerned have been carried out within
currency of the Member State in which the invitation              the prescribed time limit and on submission of
to tender was issued .                                            the original export licence, duly granted and
                                                                  endorsed by the competent authorities of the
2. Tenders must in particular mention the Member                  Member State mentioned in the tender pursuant
State in which the tenderer, in the event of his being            to Article 3 (2),
declared successful , expects to complete the customs        — in the case of the successful tenderer for quantities
export formalities for the products concerned.                    not supplied by reason of force majeure.
3 . For the purpose of rendering the tenders compar­         2. The security required under paragraph 1 may be
able, the prices shall be corrected by the monetary          provided in the form of a cash deposit or of a
compensatory amount applicable on the closing date           guarantee issued by a credit institution conforming to
for submission of tenders to exports from the Member         criteria laid down by each Member State .
State mentioned in the tender pursuant to paragraph
2. Such correction shall be made by :
                                                                                     Article 6
— increasing prices which mention a Member State
     whose currency has depreciated,                         The product referred to in Article 1 must meet the
— reducing prices which mention a Member State               following requirements :
     whose currency has been revalued.
                                                             — moisture content : 12% maximum ,
The monetary compensatory amount shall, where                — acidity 0-6 % maximum .
appropriate, be converted into the currency of the
Member State in which the invitation to tender is             Products not meeting these requirements shall be
 issued using :                                               refused .
 ---pagebreak--- No L 69/28                         Official Journal of the European Communities                               15 . 3 . 80
                         Article 7                            (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
1 . The Italian 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 the Commis­              nation ;
sion the list of firms which have responded to the invi­      (c) all possible contingencies which might occur
tation to tender, specifying the terms of each tender,            during transportation of the products.
together with the name and business name of the
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
                                                              diately upon receipt.
mobilized product are completed in a Member State
other than that in which the invitation to tender is
                                                              5. When the intervention agency responsible for
issued, the intervention agency of the latter Member          the operations relating to tendering is not the interven­
State shall be responsible for the operations following       tion agency which appoints the successful tenderer, it
tendering, including payment to the successful                shall send as soon as possible to the latter the informa­
tenderer.
                                                              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 auth­
require.                                                      orized to make an initial payment of 80 % of the
                                                              value of the quantity given in the bill of lading, on
Furthermore, the amount of the successful tender              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
                                                                                      Article 9
relating to the tendering are completed.
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, 14 March 1980 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President