CELEX: 31981R0612
Language: en
Date: 1981-03-09 00:00:00
Title: Commission Regulation (EEC) No 612/81 of 9 March 1981 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Mali

No L 63/ 12                                 Official Journal of the European Communities                             10 . 3 . 81
                                       COMMISSION REGULATION ( EEC) No 612/81
                                                           of 9 March 1981
              opening an invitation to tender for the mobilization of maize as food aid for the
                                                           Republic of Mali
THE COMMISSION OF THE EUROPEAN                                        currency situation in the Member State in which the
COMMUNITIES,                                                          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
2727/75 of 29 October 1975 on the common organiza­                    Whereas it must be made clear who is to bear any
tion of the market in cereals ( ! ), as last amended by
                                                                      costs which arise in the event that for reasons of force
the Act of Accession of Greece (2), and in particular                  majeure the operation in question is not completed
Article 28 thereof,
                                                                      within the time stipulated ;
Having regard to Council Regulation (EEC) No                          Whereas provision should be made for security to be
2750/75 of 29 October 1975 laying down the condi­                     given for the purpose of guaranteeing that the obliga­
tions for the mobilization of cereals as food aid (3 ), and           tions arising by virtue of participation in the invita­
in particular Article 6 thereof,                                      tion to tender for supplies to the Republic of Mali will
                                                                      be fulfilled ;
Having regard to Council Regulation No 129 of 23
October 1962 on the value of the unit of account and                  Whereas the French intervention agency should be
the exchange rates to be applied for the purposes of                  made responsible for the tendering procedure in ques­
the common agricultural policy (4), as last amended by                tion ;
Regulation (EEC) No 2543/73 (5), and in particular
Article 3 thereof,                                                    Whereas it is important that the Commission be
                                                                      informed without delay of the tenders submitted in
Having regard to the opinion of the Monetary                          response to the invitation and of those accepted by
Committee ,                                                           the intervention agency ;
Whereas on 28 May 1980 the Council of the Euro­
                                                                      Whereas the measures provided for in this Regulation
pean Communities declared that by way of Commu­
nity action it proposed to grant the Republic of Mali
                                                                      are in accordance with the opinion of the Manage­
                                                                      ment Committee for Cereals ,
8 000   tonnes     of   maize     under       its  1980  food-aid
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                      HAS ADOPTED THIS REGULATION :
anywhere on the Community market ;
Whereas the proposed invitation to tender should be                                          Article 1
for supply of the products delivered to Abidjan , that is
at the moment when the goods are actually placed on
the quay or in the lighter where applicable ;                          1 . Tenders are hereby invited for the supply to the
                                                                      Republic of Mali by way of Community food-aid
                                                                      action of 8 000 tonnes of maize .
Whereas tenders may be submitted by tenderers esta­
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                 France in one lot. The products shall be mobilized on
situation in the Member States and in order to ensure                  the Community market. The products shall be loaded
that the tenders are as comparable as possible , account               from a Community port.
should be taken of the effect on each tender of the
                                                                       3 . The invitation to tender provided for in para­
(»)  OJ No  L 281 , 1 . 11 . 1975 , p . 1 .                           graph 1 is for supply of products delivered to
(2)  OJ No  L 291 , 19 . 11 . 1979, p . 17.
(3 ) OJ No  L 281 , 1 . 11 . 1975, p . 89 .                           Abidjan ; that is at the moment when the goods are
(•») OJ No  106 , 30 . 10 . 1962, p . 2553 / 62 .                      actually placed on the quay or in the lighter where
p)   OJ No  L 263 , 19 . 9 . 1973 , p . 1 .                            applicable.
 ---pagebreak--- 10 . 3 . 81                       Official Journal of the European Communities                           No L 63/ 13
4.     The successful tenderer shall deliver the product    — in the other cases, the average of the spot rates of
specified in paragraph 1 in new jute sacks of a net              the currencies concerned recorded in the Member
capacity of 50 kilograms .                                       State in which the invitation to tender is issued
                                                                 during a period from the Wednesday of one week
Minimum weight of the sacks shall be 600 grams. The              to the Tuesday of the following week being the
following shall be printed on the sacks :                        period immediately preceding the closing date for
                                                                 submission of tenders .
'Maïs / Don de la Communauté économique euro­
péenne à la république du Mali'.
                                                                                      Article 4
To allow for the possibility of rebagging, the
successful tenderer shall supply 2 % of new empty           The contract shall be awarded to the tenderer offering
sacks, of the same quality as those containing the           the best terms, taking into consideration the adjust­
goods but with the printing followed by a capital            ment referred to in Article 3 (3).
letter ' R'.
                                                             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                               Article 5
on 20 March 1981 .
                                                             1 . The tenderer shall give security in an amount of
2.     The closing date for submission of tenders shall      6 ECU per tonne of goods.
be 20 March 1981 at 12 noon .
                                                             It shall be released :
3.     The   notice of invitation   to tender shall be
published in the Official Journal of the European           — in the case of all tenderers whose tenders are
Communities not less than nine days before the                   unsuccessful or are not accepted,
closing date for submission of tenders.                     — 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
 1.    The prices offered must be expressed in the               endorsed by the competent authorities of the
currency of the Member State in which the invitation             Member State mentioned in the tender pursuant
to tender was issued .                                           to Article 3 (2),
                                                            — in the case of the successful tenderer, for quanti­
2. Tenders must in particular mention the Member                 ties 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
3 . For the purpose of rendering the tenders compar­         criteria laid down by each Member State .
able 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
                                                             1.    The maize referred to in Article 1 must be of fair
2. 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 interven­
     whose currency has depreciated,                         tion 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              3 . Samples intended for analysis shall be taken and
     kept at any given moment within a band of               the inspection shall be carried out in accordance with
     2-25 % , a conversion rate resulting from their         the trade practices in force in the country of ship­
     central rate ,                                          ment .
 ---pagebreak--- No L 63 / 14                       Official Journal of the European Communities                               10 . 3 . 81
                         Article 7                            (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
1 . The French 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
2.     It shall forthwith communicate to the Commis­              destination ;
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
relating to the tendering are completed.                                              Article 9
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, 9 March 1981 .
                                                                        For the Commission
                                                                          Poul DALSAGER
                                                                    Member of the Commission