CELEX: 31981R3666
Language: en
Date: 1981-12-21 00:00:00
Title: Commission Regulation (EEC) No 3666/81 of 21 December 1981 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Niger

22. 12. 81                             Official Journal of the European Communities                          No L 366/ 15
                                  COMMISSION REGULATION (EEC) No 3666/81
                                                    of 21 December 1981
              opening an invitation to tender for the mobilization of maize as food aid for the
                                                      Republic of Niger
THE COMMISSION OF THE EUROPEAN                                    situation in the Member States and in order to ensure
COMMUNITIES,                                                      that the tenders are as comparable as possible, account
                                                                  should be taken of the effect on each tender of the
Having regard to the Treaty establishing the European             currency situation in the Member State in which the
Economic Community,                                               customs export formalities will be completed ;
                                                                  Whereas     the  contract should be     awarded to     the
Having regard to Council Regulation (EEC) No                      tenderer who makes the best offer ;
2727/75 of 29 October 1975 on the common organi­
zation of the market in cereals ('), as last amended by
                                                                  Whereas it must be made clear who is to bear any
Regulation (EEC) No 1949/81 (2), and in particular
Article 28 thereof,                                               costs which arise in the event that for reasons of force
                                                                  majeure the operation in question is not completed
                                                                  within the time stipulated ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                 Whereas provision should be made for security to be
tions for the mobilization of cereals as food aid (3), and        given for the purpose of guaranteeing that the obliga­
in particular Article 6 thereof,                                  tions arising by virtue of participation in the invitation
                                                                  to tender for supplies to the Republic of Niger will be
Having regard to Council Regulation No 129 of 23                  fulfilled ;
October 1962 on the value of the unit of account and
the exchange rates to be applied for the purposes of              Whereas the French intervention agency should be
the common agricultural policy (4), as last amended by            made responsible for the tendering procedure in ques­
Regulation (EEC) No 2543/73 (*), and in particular                tion ;
Article 3 thereof,
                                                                  Whereas it is important that the Commission be
 Having regard to the opinion of the Monetary                     informed without delay of the tenders submitted in
 Committee,                                                       response to the invitation and of those accepted by the
                                                                   intervention agency ;
Whereas on 19 May 1981 the Council of the European                Whereas the measures provided for in this Regulation
 Communities declared that by way of Community                     are in accordance with the opinion of the Management
 action it proposed to grant the Republic of Niger                 Committee for Cereals,
 5 000   tonnes   of    maize    under    its  1981  food-aid
 programme ;
Whereas pursuant to Article 3 (3) of Council Regula­               HAS ADOPTED THIS REGULATION :
 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 delivered to Cotonou, that is          1 . Tenders are hereby invited for the supply to the
 at the moment when the goods are actually placed on               Republic of Niger by way of Community - food-aid
                                                                   action of 5 000 tonnes of maize .
 the quay or in the lighter where applicable ;
 Whereas tenders may be submitted by tenderers                     2. The tendering procedure shall take place in
 established in any Member State of the Community                  France in two lots (3 500 tonnes and 1 500 tonnes).
 and may relate to products mobilized anywhere within              The products shall be mobilized on the Community
 those Member States ; whereas, in view of the currency            market. The products shall be loaded from a Commu­
                                                                   nity port.
 (') OJ No  L 281 , 1 . 11 . 1975, p. 1 .                          3. The invitation to tender provided for in para­
 (2) OJ No  L 198 . 20 . 7. 1981 , p. 2.                           graph 1 is for supply of products delivered to Cotonou
 (J) OJ No  L 281 , 1 . 11 . 1975, p. 89.
 (4) OJ No  106, 30. 10. 1962, p. 2553/62.                         that is at the moment when the goods are actually
 O   OJ No  L 263, 19 . 9. 1973 , p. 1 .                           placed on the quay or in the lighter where applicable.
 ---pagebreak--- No L 366/ 16                       Official Journal of the European Communities                             22. 12. 81
4. The successful tenderer shall deliver the product         — in other cases, the relationship between the two
specified in paragraph 1 in new jute sacks of a net               currencies concerned, established by using the
capacity of 50 kilograms.                                         latest statement of their exchange rates made
                                                                  immediately preceding the closing date for the
Minimum weight of the sacks shall be 600 grams. The               submission of tenders as published in the 'C' series
following shall be printed on the sacks :                         of the Official Journal of the European Commu­
                                                                  nities.
'Maïs / Don de la Communauté économique euro­
péenne à la république du Niger.'
                                                                                      Article 4
To allow for the possibility of rebagging, the successful
tenderer shall supply 2 % of new empty sacks, of the         The contract shall be awarded to the tenderer offering
same quality as those containing the goods but with          the best terms, taking into consideration the adjust­
the printing followed by a capital letter 'R'.               ment referred to in Article 3 (3).
                                                             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
on 6 January 1982.                                                                    Article 5
2. The closing date for submission of tenders shall           1 . The tenderer shall give security in an amount of
be 6 January 1982 at 12 noon.                                6 ECU per tonne of goods.
3.     The  notice  of invitation to tender shall be         It shall be released :
published in the Official Journal of the European
 Communities not less than nine days before the              — in the case of all tenderers whose tenders are
closing date for submission of tenders.                           unsuccessful or are not accepted,
                                                             — 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
 1 . The prices offered must be expressed in the                  by the competent authorities of the Member State
currency of the Member State in which the invitation              mentioned in the tender pursuant to Article 3 (2),
 to tender was issued .
                                                             — in the case of the successful tenderer, for quantities
2. Tenders must in particular mention the Member
                                                                  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
                                                             criteria laid down by each Member State.
 3 . For the purpose of rendering the tenders compa­
 rable 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 2.
                                                              1.    The maize referred to in Article 1 must be of fair
 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 intervention
     whose currency has depreciated,                          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 kept          3.    Samples intended for analysis shall be taken and
     at any given moment within a band of 2-25 % , a          the inspection shall be carried out in accordance with
     conversion rate resulting from their central rate,       the trade practices in force in the country of shipment.
 ---pagebreak--- 22. 12. 81                         Official Journal of the European Communities                          No L 366/ 17
                         Article 7                            (b) the date of the departure of the ships, the esti­
                                                                  mated date of arrival of the products at their desti­
1 . The French intervention agency snail be respon­               nation ;
sible for organizing the invitation to tender provided
for by this Regulation .                                      (c) all possible contingencies which might occur
                                                                  during transportation of the products.
2.     It shall forthwith communicate to Commission
the list of firms which have responded to the invita­
tion to tender, specifying the terms of each tender,          The information indicated above shall be forwarded by
together with the name and business name of the               the intervention agency to the Commission imme­
successful tenderer.                                          diately upon receipt.
3 . Where the customs export formalities for the
mobilized product are completed in a Member State              5. When the intervention agency responsible for
other than that in which the invitation to tender is          the operations relating to tendering is not the inter­
issued, the intervention agency of the latter Member          vention agency which appoints the successful tenderer,
State shall be responsible for the operations following       it shall send as soon as possible to the latter the infor­
tendering, including payment to the successful                 mation necessary for releasing the security.
tenderer.
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
require.                                                       As regards this tender the intervention agency is
                                                               authorized to make an initial payment of 80 % of the
Furthermore, the amount of the successful tender shall         value of the quantity given in the bill of lading, on
be paid after it has been converted using the average of       presentation of that document and subject to the
the spot rates referred to in the second subparagraph          taking of a security for an amount equal to the initial
of Article 3 (3) to the tenderer in the currency of the        payment.
Member State in which the operations relating to the
 tendering are completed.
4. The intervention agency shall request the
 successful tenderer to supply the following informa­                                  Article 9
 tion :
 (a) after each shipment, a statement giving details of        This Regulation shall enter into force on the day of its
     the quantities loaded, the quality of the products        publication in the Official Journal of the European
     and the type of packing ;                                 Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 21 December 1981 .
                                                                         For the Commission
                                                                           Poul DALSAGER
                                                                     Member of the Commission