lagen.nu
31980R0372

31980R0372

CELEX
31980R0372
Datum
1980-02-15
Källa
eur-lex.europa.eu
Rättsakten gäller inte längreEUR-Lex anger att rättsakten upphörde att gälla 1980-02-29.

No L 40 / 34 16 . 2 . 80 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 372/80

of 15 February 1980

opening an invitation to tender for the mobilization of common wheat as food aid for the United Nations High Commissioner for Refugees

THE COMMISSION OF THE EUROPEAN whereas the award under the invitation to tender COMMUNITIES, must be made to the tenderer offering the best terms ;

Having regard to the Treaty establishing the European Whereas, should force majeure make it impossible to Economic Community, complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to Council Regulation (EEC) No the liability for any resulting costs ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Whereas provisions should be made for security to be Regulation ( EEC) No 1 547/79 (2), given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the French intervention agency should be tions for the mobilization of cereals as food aid (3), and made responsible for the tendering procedure in ques­ in particular Article 6 thereof, tion ;

Having regard to Council Regulation No 129 on the Whereas the Commission must be informed quickly value of the unit of account and the exchange rates to of the tenders submitted in response to the invitation be applied for the purposes of the common agricul­ and of those accepted by the intervention agency ; tural policy (4 ), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Having regard to the opinion of the Monetary ment Committee for Cereals, Committee,

Whereas on 8 May 1979 the Council of the European Communities declared that it proposed by way of Community action to grant 12 000 tonnes of common HAS ADOPTED THIS REGULATION : wheat to the United Nations High Commissioner for Refugees under its 1978 /79 food-aid programme ;

Article 1 Whereas pursuant to Article 3 (3) of Council Regula­ 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 United Nations High Commissioner for Refugees, by way of Community food-aid action, of 12 000 tonnes Whereas the proposed invitation to tender should be of common wheat . for supply of the products on the quay or in the lighter where applicable at the port of unloading ; 2. The tendering producer shall take place in France in two lots . Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and may relate to products mobilized anywhere within 3 . The product shall be mobilized on the Commu­ those Member States ; whereas, in view of the currency nity market . situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 4. Shipment shall be from a Community port. should be taken of the effect on each tender of the currency situation in the Member State in which the 5 . The invitation to tender provided for in para­ customs export formalities will be completed ; graph 1 is for supply of products on the quay or in the lighter where applicable, in the port of Karachi : (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2 ) OJ No L 188 , 26 . 7 . 1979 , p. 1 . (3 ) OJ No L 281 , 1.11 . 1975 , p. 89 . — lot No 1 : 2 400 tonnes , (4) OJ No 106 , 30 . 10 . 1962, p . 2553 / 62. — lot No 2 : 9 600 tonnes . (5 ) OJ No L 263, 19 . 9 . 1973 , p. 1 .

16 . 2. 80 Official Journal of the European Communities No L 40/35

6. The successful tenderer shall deliver the product State in which the invitation to tender is issued specified in paragraph 1 in new jute sacks of a net during a period from the Wednesday of one week capacity of 50 kilograms. to the Tuesday of the following week being the period immediately preceding the closing date for Minimum weight of the sacks shall be 600 grams. The submission of tenders . following shall be printed on the sacks :

'Wheat / Gift of the European Economic Community Article 4 / UNHCR assistance to Afghan refugees in Pakistan / For free distribution '. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ To allow for the possibility of re-bagging the ment referred to in Article 3 (3). successful tenderer shall supply 2 % of new empty sacks of the same quality as those containing the However, if the tenders submitted do not appear to goods but with the printing followed by a capital reflect normal market prices and costs, the interven­ letter ' R '. tion agency may cancel the invitation to tender.

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 29 February 1980 . It shall be released : 2. The closing date for the submission of tenders — in the case of all tenderers whose tenders are shall be 29 February 1980 at 12 noon . unsuccessful or are not accepted, 3 . The notice of invitation to tender shall be — in the case of the successful tenderer, when the published in the Official Journal of the European operations concerned have been carried out within Communities not less than nine days before the the prescribed time limit and on submission of closing date for the submission of tenders. the original export licence, duly granted and endorsed by the competent authorities of the Article 3 Member State mentioned in the tender pursuant to Article 3 ( 2), 1 . The prices offered must be expressed in the — in the case of the successful tenderer, for quanti­ currency of the Member State in which the invitation to tender was issued . ties not supplied by reason of force majeure.

2. The security required under paragraph 1 may be 2. Tenders must in particular mention the Member provided in the form of a cash deposit or of a State in which the tenderer, in the event of his being guarantee issued by a credit institution conforming to declared successful , expects to complete the customs criteria laid down by each Member State . export formalities for the products concerned .

3 . For the purpose of rendering the tenders compar­ Article 6 able, the prices shall be corrected by the monetary compensatory amount applicable on the closing date The common wheat referred to in Article 1 to be for submission of tenders to exports from the Member supplied to the United Nations High Commissioner State mentioned in the tender pursuant to paragraph for Refugees must be of fair and sound merchantable 2 . Such correction shall be made by : quality and correspond at least to the standard quality for which the intervention price is fixed, except that — increasing prices which mention a Member State the moisture content shall not exceed 15 % and that a whose currency has depreciated, maximum of 3 % of sprouted grains and 1 -5 % of — reducing prices which mention a Member State miscellaneous impurities 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 French intervention agency shall be respon­ issued using : sible for organizing the invitation to tender provided for by this Regulation . — in the case when the currencies concerned are kept at any given moment within a band of 2 . It shall forthwith communicate to the Commis­ 2-25 % , a conversion rate resulting from their sion the list of firms which have responded to the invi­ central rate , tation to tender, specifying the terms of each tender, — in the other cases, the average of the spot rates of together with the name and business name of the the currencies concerned recorded in the Member successful tenderer .

No L 40 / 36 Official Journal of the European Communities 16 . 2 . 80

3 . Where the customs export formalities for the (c) all possible contingencies which might occur mobilized product are completed in a Member State during transportation of the products. other than that in which the invitation to tender is issued, the intervention agency of the latter Member The intervention agency shall transmit the informa­ State shall be responsible for the operations following tion provided for to the Commission as soon as it is tendering, including payment to the successful received . tenderer . 5. When the intervention agency responsible for In this case, the intervention agency choosing the the operations relating to tendering is not the interven­ successful tenderer shall immediately inform the inter­ tion agency which appoints the successful tenderer, it vention agency of the Member State concerned and shall send as soon as possible to the latter the informa­ shall supply it with all the information which it may tion necessary for releasing the security. require .

Furthermore, the amount of the successful tender Article 8 shall be paid after it has been converted using the average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the As regards this tender, the intervention agency is auth­ currency of the Member State in which the operations orized to make an initial payment of 80 % of the relating to the tendering are completed. value of the quantity given in the bill of lading, on presentation of that document and subject to the 4. The intervention agency shall request the taking of a security for an amount equal to the initial successful tenderer to supply the following informa­ payment. tion :

(a) after each shipment, a statement giving details of the quantities loaded, the quality of the products Article 9 and the type of packaging ; (b) the date of the departure of the ships ; the esti­ This Regulation shall enter into force on the day of its mated date of arrival of the products at their desti­ publication in the Official Journal of the European nation ; Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 15 February 1980 .

For the Commission

Finn GUNDELACH

Vice-President