CELEX: 31980R0238
Language: en
Date: 1980-02-01 00:00:00
Title: Commission Regulation (EEC) No 238/80 of 1 February 1980 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Sao Tome and Principe

No L 27/ 18                                Official Journal of the European Communities                             2. 2. 80
                                      COMMISSION REGULATION (EEC) No 238/80
                                                         of 1 February 1980
              opening a new invitation to tender for the mobilization of common wheat flour
                       as food aid for the Democratic Republic of Sao Tome and Principe
THE COMMISSION OF THE EUROPEAN                                       that the tenders are as comparable as possible, account
COMMUNITIES,                                                         should be taken of the effect on each tender of the
                                                                     currency situation in the Member State in which the
Having regard to the Treaty establishing the European                customs export formalities will be completed ;
Economic Community,
                                                                     Whereas the award under the invitation to tender
Having regard to Council Regulation (EEC) No                         must be made in favour of the tenderer offering the
                                                                     best terms ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ( l ), as last amended by
Regulation (EEC) No 1 547/79 (*),                                    Whereas, should force majeure make it impossible to
                                                                     complete the operation in question within the time
Having regard to Council Regulation (EEC) No                         limits specified, it must be made clear who is to bear
2750/75 of 29 October 1975 laying down the condi­                    the liability for any resulting costs ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                     Whereas provision should be made for security to be
                                                                     given for the purpose of guaranteeing that the obliga­
Having regard to Council Regulation No 129 on the                    tions arising by virtue of participation in the invita­
value of the unit of account and the exchange rates to               tion to tender will be fulfilled ;
be applied for the purposes of the common agricul­
tural policy (4), as last amended by Regulation (EEC)                Whereas the Belgian intervention agency should be
No 2543/73 (5 ), and in particular Article 3 thereof,                 made responsible for the tendering procedure ;
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 1 000                   are in accordance with the opinion of the Manage­
tonnes of common wheat (in other words 662 tonnes                     ment Committee for Cereals ,
of common wheat flour) to the Democratic Republic
of Sao Tome and Principe 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 to the dock or in the                     1 . Tenders are hereby invited for the supply to the
 lighter where applicable at the port of unloading ;                  Democratic Republic of Sao Tome and Principe, by
                                                                      way of Community action , of 662 tonnes of common
Whereas tenders may be submitted by tenderers esta­                   wheat flour.
 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               Belgium in one lot .
 situation in the Member States and in order to ensure
(')  OJ  No L 281 , I. 1 1 . 1 975 , p. I.                            3.    The products shall be mobilized on the Commu­
(2 ) OJ  No L 188 , 26 . 7. 1979 , p. 1 .                             nity market .
(3)  OJ  No L 281 , 1 . 11 . 1975, p. 89.
(«)  OJ  No 106, 30. 10 . 1962, p. 2553/62.
 (*) O ) No L 263 , 19 . 9 . 1973 , p. 1 .                            4.    Shipment shall be from a Community port.
 ---pagebreak--- 2. 2. 80                           Official Journal of the European Communities                         No L 27/ 19
5. The invitation to tender provided for in para­            — reducing prices which mention a Member State
graph 1 is for supply of products delivered to Sao                whose currency has been revalued.
Tome, that is at the moment when the goods are actu­
ally placed on the quay or in the lighter where appli­
cable .                                                      The monetary compensatory amount shall, where
                                                             appropriate, be converted into the currency of the
                                                             Member State in which the invitation to tender is
6. The successful tenderer shall deliver the product         issued using :
specified in paragraph 1 in new jute sacks lined with
cotton sacks of a net capacity of 50 kilograms.              — in the case when the currencies concerned are
                                                                  kept at any given moment within a band of
The following shall be printed on the sacks :                     2-25 % , a conversion rate resulting from their
                                                                  central rate,
 Farinha — Dom da Comunidade Econòmica Euro­
peia à Republica Democràtica de Sao Tomé e Prin­             — in the other cases, the average of the spot rates of
cipe'.                                                            the currencies concerned recorded in the Member
                                                                  State in which the invitation to tender is issued
To allow for the possibility of re-bagging, the                   during a period from the Wednedsday of one
successful tenderer shall supply 2 % of new empty                 week to the Tuesday of the following week being
sacks, of the same quality as those containing the                the period immediately preceding the closing date
                                                                  for submission of tenders .
goods but with the printing followed by a capital
letter ' R '.
                                                                                     Article 4
                        Article 2
                                                             The contract shall be awarded to the tenderer offering
1 . The decision on tenders received in response to          the best terms, taking into consideration the adjust­
the invitation provided for in Article 1 shall be taken      ment referred to in Article 3 (3).
on 15 February 1980 .
2. The closing date for the submission of tenders            However, if the tenders submitted do not appear to
shall be 15 February 1980 at 12 noon .                       reflect normal market prices and costs, the interven­
                                                             tion agency may cancel the invitation to tender.
3.     The    notice of invitation  to  tender  shall be
published in the Official Journal of the European
Communities not less than nine days before the                                       Article 5
closing date for the submission of tenders .
                                                              1 . The tenderer shall give security in an amount of
                                                              12 ECU per tonne of goods.
                        Article 3
                                                             It shall be released :
1 . The prices offered must be expressed in the
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 pargraph 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 27/ 20                        Official Journal of the European Communities                                 2 . 2 . 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 Sao Tome and Principe 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 Sao Tome and Principe 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 Belgian intervention agency shall be respon­          5. When the intervention agency responsible for
sible for the operations relating to the invitation to        the operations relating to tendering is not the interven­
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 auth­
                                                              orized 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, 1 February 1980 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President