31980R0101
19 . 1 . 80 No L 14/ 11 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 101 /80 of 18 January 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Rwanda
THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to the Treaty establishing the European Economic Community, Whereas the Belgian intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure in ques 2727/75 of 29 October 1975 on the common organiza tion ; tion of the market in cereals ('), as last amended by Regulation (EEC) No 1 547/79 (2), Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2750/75 of 29 October 1975 laying down the condi tions for the mobilization of cereals as food aid (3), and Whereas the measures provided for in this Regulation in particular Article 6 thereof, are in accordance with the opinion of the Manage Having regard to Council Regulation No 129 on the ment Committee for Cereals, value of the unit of account and the exchange rates to be applied for the purposes of the common agricul tural policy (4), as last amended by Regulation (EEC) HAS ADOPTED THIS REGULATION : No 2543/73 (5), and in particular Article 3 thereof, Having regard to the opinion of the Monetary Committee, Article 1 Whereas on 8 May 1979 the Council of the European Communities declared that by way of Community 1 . Tenders are hereby invited for the supply by way action it proposed to grant the Republic of Rwanda of Community food-aid action to the Republic of 1 500 tonnes of common wheat under its 1978 /79 Rwanda of 1 500 tonnes of common wheat . food-aid programme ; 2. The tendering procedure shall take place in Whereas pursuant to Article 3 (3) of Council Regula Belgium in one lot. tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; 3 . The products shall be mobilized on the Commu Whereas the proposed invitation to tender should be nity market . for supply of the products delivered to Kigali ; 4. Shipment shall be from a Community port. Whereas tenders may be submitted by tenderers esta blished in any Member State of the Community and 5. The invitation to tender provided for in para may relate to products mobilized anywhere within graph 1 is for supply of the products delivered to those Member States ; whereas, in view of the currency Kigali . situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 6 . The successful tenderer shall deliver the should be taken of the effect on each tender of the products specified in paragraph 1 in new jute sacks of currency situation in the Member State in which the a net capacity of 50 kilograms. customs export formalities will be completed ; Whereas the contract should be awarded to the Minimum weight of the sacks shall be 600 grams. The tenderer offering the best terms ; following shall be printed on the sacks :
Whereas in case it should be impossible for reasons of ' Froment tendre / Don de la Communauté écono force majeure to complete the operation in question mique européenne à la république du Rwanda / within the set time limits, it must be made clear who Destiné à la vente'. is to bear any costs resulting therefrom ; To allow for the possibility of re-bagging, the (') OJ No L 281 , 1 . 11 . 1975 , p. 1 . successful tenderer shall supply 2 % of new empty (2) OJ No L 188 , 26 . 7 . 1979, p. 1 . sacks, of the same quality as those containing the (3 OJ No L 281 , 1 . 11 . 1975, p. 89. goods but with the printing followed by a capital (4) OJ No 106, 30 . 30 . 1962, p . 2553/ 62. letter 'R '. (5 ) OJ No L 263, 19 . 9 . 1973 , p. 1 .
No L 14/ 12 Official Journal of the European Communities 19 . 1 . 80
Article2¶
1 . The decision on tenders received in response to 1 . The tenderer shall give security in an amount of the invitation provided for in Article 1 shall be taken 6 ECU per tonne of goods. on 1 February 1980 . It shall be released : 2. The closing date for the receipt of tenders shall be 1 February 1980 at 12 noon . — in the case of all tenderers whose tenders are 3 . The notice of invitation to tender shall be unsuccessful or are not accepted, published in the Official Journal of the European — in the case of the successful tenderer, when the Communities not less than nine days before the operations concerned have been carried out within closing date for submission of tenders . the prescribed time limit and on submission of the original export licence duly granted and Art tele 3 endorsed by the competent authorities of the Member State mentioned in the tender pursuant 1 . The prices offered must be expressed in the to Article 3 ( 2), currency of the Member State in which the invitation — in the case of the successful tenderer, for quanti to tender was issued . ties not supplied by reason of force majeure. 2. Tenders must in particular mention the Member 2. The security required under paragraph 1 may be State in which the tenderer, in the event of his being provided in the form of a cash deposit or of a declared successful, expects to complete the customs guarantee issued by a credit institution conforming to export formalities for the products concerned. criteria laid down by each Member State . 3 . For the purpose of rendering the tenders compar able, the prices shall , where appropriate, be corrected Article 6 by the monetary compensatory amount applicable on the closing date for submission of tenders to exports from the Member State mentioned in the tender The product referred to in Article 1 must be of fair pursuant to paragraph 2 . Such correction shall be and sound merchantable quality and correspond at made by : least to the standard quality for which the interven tion price is fixed, except that the moisture content — increasing prices which mention a Member State shall not exceed 14 5 % and that a maximum of 3 % whose currency has depreciated, of sprouted grains and 1-5 % of miscellaneous impuri — reducing prices which mention a Member State ties shall be allowed . whose currency has been revalued .
The monetary compensatory amount shall , where Article 7 appropriate, be converted into the currency of the Member State in which the invitation to tender is 1 . The Belgian intervention agency shall be respon issued using : sible for operations relating to the invitation to tender — in the case when the currencies concerned are provided for by this Regulation . kept at any given moment within a band of 2-25 % , a conversion rate resulting from their 2 . It shall forthwith communicate to the Commis central rate , sion the list of firms which have responded to the invi — in the other cases, the average of the spot rates of tation to tender, specifying the terms of each tender, the currencies concerned recorded in the Member together with the name and business name of the successful tenderer . State in which the invitation to tender is issued during a period from the Wednesday of one week to the Tuesday of the following week being the 3 . Where the customs export formalities for the period immediately preceding the closing date for mobilized product are completed in a Member State submission of tenders . other than that in which the invitation to tender is issued , the intervention agency of the latter Member State shall be responsible for the operations following Article 4 tendering, including payment to the successful tenderer . The contract shall be awarded to the tenderer offering the best terms , taking into consideration the adjust In such case, the intervention agency choosing the ment referred to in Article 3 (3 ). successful tenderer shall immediately inform the inter However, if the tenders submitted do not appear to vention agency of the Member State concerned and reflect normal market prices and costs, the interven shall supply it with all the information which it may tion agency may cancel the invitation to tender. require .
19 . 1 . 80 Official Journal of the European Communities No L 14/ 13
Furthermore, the amount of the successful tender 5. When the intervention agency responsible for shall be paid after it has been converted using the the operations relating to tendering is not the interven average of the spot rates referred to in the second tion agency which appoints the successful tenderer, it subparagraph of Article 3 (3) to the tenderer in the shall send as soon as possible to the latter the informa currency of the Member State in which the operations tion necessary for releasing the security. relating to the tendering are completed .
4. The intervention agency shall ask that the Article 8 tenderer specifies the following information : As regards this tender the intervention agency is auth (a) after each shipment, a statement giving details of orized to make an initial payment of 80 % of the the quantities loaded, the quality of the products value of the quantity given in the bill of lading, on and their packaging ; presentation of that document and subject to the (b) the date of the departure of the ships ; the taking of a security for an amount equal to the initial expected date of arrival of the products at their payment. destination ; (c) all possible contingencies which might occur Article 9 during transportation of the products.
The intervention agency shall transmit the informa This Regulation shall enter into force on the day of its tion provided for to the Commission as soon as it is publication in the Official Journal of the European received . Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 18 January 1980 . For the Commission
Finn GUNDELACH Vice-President