CELEX: 31980R2099
Language: en
Date: 1980-08-04 00:00:00
Title: Commission Regulation (EEC) No 2099/80 of 4 August 1980 opening an invitation to tender for the mobilization of maize flour as food aid for Upper Volta

6. 8 . 80                                Official Journal of the European Communities                        No L 204/ 17
                                    COMMISSION REGULATION (EEC) No 2099/80
                                                        of 4 August 1980
              opening an invitation to tender for the mobilization of maize flour 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 1 870/80 (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
                                                                    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 Manage­
Whereas on 8 May 1979 the Council of the European                   ment Committee for Cereals,
Communities declared that it proposed, by way of
Community action, to grant 7 000 tonnes of cereals to
Upper Volta under its 1 978/79 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 ;
Whereas the proposed invitation to tender should be                                         Article 1
 for supply of the products on the quay or in the
 lighter where applicable at the port of unloading ;                 1 . Tenders are hereby invited for the supply to
                                                                     Upper Volta, by way of Community food-aid action,
 Whereas tenders may be submitted by tenderers                       of 3 889 tonnes of maize flour, falling within
 established in any Member State of the Community                    subheading 11.01 E I of the Common Customs Tariff.
 and 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 .
 (*) OJ  No L 184, 17. 7. 1980, p. 1 .                               3 . The invitation to tender provided for in para­
 P)  OJ  No L 281 , 1 . 11 . 1975, p. 89.
 («) 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--- No L 204/ 18                       Official Journal of the European Communities                             6. 8 . 80
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
'Farine 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            The contract shall be awarded to the tenderer offering
goods but with the printing followed by a capital            the best terms, taking into consideration the adjust­
letter 'R\
                                                             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
                                                             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 18 August 1980 .                                                                  Article 5
2. The closing date for submission of tenders shall           1 . The tenderer shall give security in an amount of
be 18 August 1980 at 12 noon.                                 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
                                                                  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),
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
                                                                                     Article 6
State mentioned in the tender pursuant to paragraph
2. Such correction shall be made by :
                                                             The product referred to in Article 1 must meet the
— increasing prices which mention a Member State              following requirements :
     whose currency has depreciated,
                                                              — moisture content : maximum 1 3 %,
— reducing prices which mention a Member State
     whose currency has been revalued.                        — acidity : 0-6 % maximum.
The monetary compensatory amount shall, where                 Products not meeting these requirements shall be re­
                                                              fused.
 appropriate be converted into the currency of the
 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--- 6. 8 . 80                          Official Journal of the European Communities                           No L 204/ 19
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
tation to tender, specifying the terms of each tender,             destination ;
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
mobilized product are completed in a Member State              The information indicated above shall be forwarded
other than that in which the invitation to tender is           by the intervention agency to the Commission immed­
issued, the intervention agency of the latter Member           iately 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, 4 August 1980.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President