CELEX: 31981R3665
Language: en
Date: 1981-12-21 00:00:00
Title: Commission Regulation (EEC) No 3665/81 of 21 December 1981 opening an invitation to tender for the mobilization of maize as food aid for Upper Volta

No L 366/ 12                            Official Journal of the European Communities                             22. 12. 81
                                   COMMISSION REGULATION (EEC) No 3665/81
                                                    of 21 December 1981
              opening an invitation to tender for the mobilization of maize as food aid for
                                                         Upper Volta
THE COMMISSION OF THE EUROPEAN                                    should be taken of the effect on each tender of the
COMMUNITIES,                                                      currency situation in the Member State in which the
                                                                  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 organi­                  costs which arise in the event that for reasons of force
zation of the market in cereals ('), as last amended by           majeure the operation in question is not completed
Regulation (EEC) No 1949/81 (2), and in particular                within the time stipulated ;
Article 28 thereof,
                                                                  Whereas provision should be made for security to be
Having regard to Council Regulation (EEC) No                      given for the purpose of guaranteeing that the obliga­
2750/75 of 29 October 1975 laying down the condi­                 tions arising by virtue of participation in the invitation
tions for the mobilization of cereals as food aid (3), and        to tender for supplies to the Upper Volta will be
in particular Article 6 thereof,                                  fulfilled ;
Having regard to Council Regulation No 129 of 23                  Whereas the French intervention agency should be
October 1962 on the value of the unit of account and              made responsible for the tendering procedure in ques­
                                                                  tion ;
the exchange rates to be applied for the purposes of
the common agricultural policy (4), as last amended by            Whereas it is important that the Commission be
Regulation (EEC) No 2543/73 (*), and in particular                informed without delay of the tenders submitted in
Article 3 thereof,
                                                                  response to the invitation and of those accepted by the
                                                                  intervention agency ;
Having regard to the opinion of the Monetary
Committee,                                                        Whereas the measures provided for in this Regulation
                                                                  are in accordance with the opinion of the Management
Whereas on 19 May 1981 the Council of the European                Committee for Cereals,
Communities declared that by way of Community
action it proposed to grant the Upper Volta 8 000
tonnes of maize under its 1981 food-aid programme ;               HAS ADOPTED THIS REGULATION :
Whereas pursuant to Article 3 (3) of Council Regula­                                      Article 1
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                 1 . Tenders are hereby invited for the supply to the
                                                                  Upper Volta by way of Community food-aid action of
Whereas the proposed invitation to tender should be               8 000 tonnes of maize.
for supply of the products delivered to Abidjan, that is
at the moment when the goods are actually placed on               2.     The tendering procedure shall take place in
the quay or in the lighter where applicable ;                     France in three lots :
                                                                  — Lot 1 : 1 000 tonnes,
Whereas tenders may be submitted by tenderers
established in any Member State of the Community                  — Lot 2:1 000 tonnes,
and may relate to products mobilized anywhere within              — Lot 3 : 6 000 tonnes .
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure             The products shall be mobilized on the Community
that the tenders are as comparable as possible, account           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 Abidjan
 3  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
(0  OJ  No  L 263, 19 . 9 . 1973 , p. 1 .                         placed on the quay or in the lighter where applicable.
 ---pagebreak--- 22. 12. 81                         Official Journal of the European Communities                         No L 366/ 13
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 Haute Volta.'
                                                                                      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 th& 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--- No L 366/ 14                       Official Journal of the European Communities                              22. 12. 81
                         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 shall 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