CELEX: 31980R1927
Language: en
Date: 1980-07-18 00:00:00
Title: Commission Regulation (EEC) No 1927/80 of 18 July 1980 opening an invitation to tender for the mobilization of maize meal as food aid for Upper Volta

No L 186/ 26                                Official Journal of the European Communities                             19 . 7 . 80
                                      COMMISSION REGULATION ( EEC) No 1927/80
                                                             of 18 July 1980
              opening an invitation to tender for the mobilization of maize meal as food aid
                                                            for Upper Volta
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 award under the invitation to tender
Economic Community,                                                    must be made to the tenderer offering the best terms ;
Having regard to Council Regulation (EEC) No                           Whereas, should force majeure make it impossible to
2727/75 of 29 October 1975 on the common organiza­                     complete the operation in question within the time
tion of the market in cereals ('), as last amended by                  limits specified, it must be made clear who is to bear
Regulation (EEC) No 1 547/79 (2),                                      the liability for any resulting costs ;
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 will be fulfilled ;
Having regard to Council Regulation No 129 on the                      Whereas the French intervention agency should be
value of the unit of account and the exchange rates to
                                                                        made responsible for the tendering procedure ;
be applied for the purposes of the common agricul­
tural policy (4), as last amended by Regulation (EEC)
No 2543/73 (5), and in particular Article 3 thereof,                   Whereas the Commission must be informed quickly
                                                                       of the tenders submitted in response to the invitation
Having regard to the opinion of the Monetary                           and of those accepted by the intervention agency ;
Committee ,
                                                                       Whereas the measures provided for in this Regulation
Whereas on 8 May 1979 the Council of the European                       are in accordance with the opinion of the Manage­
Communities declared that it proposed, by way of                        ment Committee for Cereals,
Community action, to grant 3 889 tonnes of maize
meal to Upper Volta 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
lighter where applicable at the port of unloading ;                     Upper Volta, by way of Community food-aid action,
                                                                        of 3 889 tonnes of maize meal , falling within
Whereas tenders may be submitted by tenderers esta­                     subheading 11.02 A V a) 2 of the Common Customs
blished in any Member State of the Community and                        Tariff with however a maximum size of 200 (I.
may relate to products mobilized anywhere within
those Member States ; whereas , in view of the currency
situation in the Member States and in order to ensure                   2. The tendering procedure shall take place in
that the tenders are as comparable as possible, account                 France in one lot. The product shall be mobilized on
should be taken of the effect on each tender of the                     the Community market. The product shall be loaded
                                                                        for departure from any Community port.
(•)  OJ No  L 281 , 1 . 11 . 1975, p. 1 .
(2)  OJ No  L 188 , 26 . 7 . 1 979 , p. 1 .                             3 . The invitation to tender provided for in para­
P)   OJ No  L 281 , 1 . 11 . 1975 , p. 89 .
(4 ) OJ No  106 , 30 . 10 . 1962, p . 2553/ 62.                         graph 1 is for supply of products on the quay or in
(5 ) OJ No  L 263 , 19 . 9 . 1973 , p. 1 .                              the lighter where applicable, in the port of Abidjan .
 ---pagebreak--- 19 . 7 . 80                         Official Journal of the European Communities                         No L 186/ 27
The successful tenderer shall deliver the product speci­      — in the other cases, the average of the spot rates of
fied in paragraph 1 in new jute sacks lined with                   the currencies concerned recorded in the Member
three-ply kraft paper of a net capacity of 50 kilograms.           State in which the invitation to tender is issued
                                                                   during a period from the Wednesday of one week
The following shall be printed on the sacks :                      to the Tuesday of the following week being the
'Semoule de Maïs / Don de la Communauté écono­
                                                                   period immediately preceding the closing date for
                                                                   submission of tenders .
mique européenne à la Haute Volta'.
To allow for the possibility of re-bagging, the                                       Article 4
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
                                                              The contract shall be awarded to the tenderer offering
letter ' R '.                                                 the best terms, taking into consideration the adjust­
                                                               ment referred to in Article 3 (3).
                         Article 2                             However, if the tenders submitted do not appear to
                                                               reflect normal market prices and costs, the interven­
 1 . The decision on tenders received in response to          tion agency may cancel the invitation to tender.
the invitation provided for in Article 1 shall be taken
on 1 August 1980 .
                                                                                      Article 5
2. The closing date for submission of tenders shall
be 1 August 1980 at 12 noon .                                  1 . The tenderer shall give security in an amount of
                                                               12 ECU per tonne of the products .
3.     The    notice of  invitation  to  tender shall  be
                                                               It shall be released :
published in the Official Journal of the European
 Communities not later 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
                         Article 3                                 operations concerned have been carried out within
                                                                   the prescribed time limit and on submission of
 1 . The prices offered must be expressed in the                   the original export licence, duly granted and
currency of the Member State in which the invitation               endorsed by the competent authorities of the
to tender was issued .                                             Member State mentioned in the tender pursuant
                                                                   to Article 3 (2),
2. Tenders must in particular mention the Member               — in the case of the successful tenderer for quantities
State in which the tenderer, in the event of his being              not supplied by reason of force majeure.
declared successful , expects to complete the customs
export formalities for the products concerned .                2. The security required under paragraph 1 may be
                                                               provided in the form of a cash deposit or of a
 3.     For the purpose of rendering the tenders compar­       guarantee issued by a credit institution conforming to
able, the prices shall be corrected by the monetary            criteria laid down by each Member State .
compensatory amount applicable on the closing date
 for submission of tenders to exports from the Member
 State mentioned in the tender pursuant to paragraph                                  Article 6
 2. Such correction shall be made by :
— increasing prices which mention a Member State               The product referred to in Article 1 must meet the
     whose currency has depreciated,                           following requirements :
— reducing prices which mention a Member State                 — moisture content : maximum 13% ,
     whose currency has been revalued.
                                                               — acidity : 0-6 % maximum .
The monetary compensatory amount shall, where
 appropriate, be converted into the currency of the            Products not meeting these requirements shall be
                                                               refused .
 Member State in which the invitation to tender is
 issued using :                                                                       Article 7
— in the case when the currencies concerned are
     kept at any given moment within a band of                  1 . The French intervention agency shall be respon­
     2-25 % , a conversion rate resulting from their           sible for organizing the invitation to tender provided
     central rate ,                                            for by this Regulation .
 ---pagebreak--- No L 186/ 28                       Official Journal of the European Communities                                19 . 7. 80
2.     It shall forthwith communicate to the Commis­           (b) the date of the departure of the ships, the esti­
sion the list of firms which have responded to the invi­           mated date of arrival of the products at their desti­
tation to tender, specifying the terms of each tender,             nation ;
together with the name and business name of the                (c) all possible contingencies which might occur
successful tenderer .
                                                                   during transportation of the products.
3 . Where the customs export formalities for the
                                                               The information indicated above shall be forwarded
mobilized product are completed in a Member State
other than that in which the invitation to tender is           by the intervention agency to the Commission imme­
issued, the intervention agency of the latter Member           diately upon receipt.
State shall be responsible for the operations following
tendering, including payment to the successful                 5. When the intervention agency responsible for
tenderer.                                                      the operations relating to tendering is not the interven­
                                                               tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the             shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­        tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may
require .                                                                              Article 8
Furthermore , the amount of the successful tender              As regards this tender, the intervention agency is auth­
shall be paid after it has been coverted using the             orized to make an initial payment of 80 % of the
average of the spot rates referred to in the second            value of the quantity given in the bill of lading, on
subparagraph of Article 3 (3) to the tenderer in the           presentation of that document and subject to the
currency of the Member State in which the operations           taking of a security for an amount equal to the initial
relating to the tendering are completed .                      payment .
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, 18 July 1980 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-Pnsident