31980R0517
No L 58 / 64 Official Journal of the European Communities 1 . 3 . 80
COMMISSION REGULATION ( EEC) No 517/ 80 of 29 February 1980 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Zambia
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 Whereas it must be made clear who is to bear any 2727/75 of 29 October 1975 on the common organiza costs which arise in the event that for reasons of force tion of the market in cereals ('), as last amended by majeure the operation in question is not completed Regulation (EEC) No 1547/79(2), 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 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 in ques be applied for the purposes of the common agricul tion ; tural policy (4), as last amended by 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 8 May 1979 the Council of the European Whereas the measures provided for in this Regulation Communities declared that by way of Community are in accordance with the opinion of the Manage action it proposed to grant the Republic of Zambia ment Committee for Cereals, 16 000 tonnes of maize under its 1977/ 78 and 1978 /79 food-aid programmes ;
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 delivered to Durban, that is at the moment when the goods are actually placed on 1 . Tenders are hereby invited for the supply to the the quay or in the lighter where applicable ; Republic of Zambia, by way of Community food-aid action , of 16 000 tonnes of maize . Whereas tenders may be submitted by tenderers esta blished in any Member State of the Community and 2. The tendering procedure shall take place in may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency France in two lots (lot 1 : 8 000 tonnes, 2 : 8 000 situation in the Member States and in order to ensure tonnes). The products shall be mobilized on the that the tenders are as comparable as possible, account Community market. The products shall be loaded for should be taken of the effect on each tender of the departure from a Community port.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 . 3 . The invitation to tender provided for in para (2 ) OJ No L 188 , 26 . 7 . 1979 , p. 1 . graph 1 is for supply of products delivered to Durban P ) OJ No L 281 , 1 . 11 . 1975, p. 89 . that is ar the moment when the goods are actually («) OJ No 106, 30 . 10 . 1962, p. 2553 /62. p ) OJ No L 263 , 19 . 9 . 19 73 , p. 1 . placed on the quay or in the lighter where applicable.
1 . 3 . 80 No L 58 /65 Official Journal of the European Communities
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 . 'Yellow maize — Gift of the European Economic Community to Zambia.' Article 4 To allow for the possibility of re-bagging, 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 reflect normal market prices and costs, the interven Article 2 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 14 March 1980 . 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 14 March 1980 , at 12 noon . It shall be released : 3 . The notice of invitation to tender shall be — in the case of all tenderers whose tenders are published in the Official Journal of the European unsuccessful or are not accepted, Communities not less than nine days before the — in the case of the successful tenderer, when the closing date for submission of tenders. operations concerned have been carried out within the prescribed time limit and on submission of Article 3 the original export licence duly granted and endorsed by the competent authorities of the 1 . The prices offered must be expressed in the Member State mentioned in the tender pursuant currency of the Member State in which the invitation to Article } (2), to tender was issued . — in the case of the successful tenderer, for quanti ties not supplied by reason of force majeure. 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being 2. The security required under paragraph 1 may be declared successful, expects to complete the customs provided in rhe form of a cash deposit or of a export formalities for the products concerned. guarantee issued by a credit institution conforming to criteria laid down by each Member State . 3 . For the purpose of rendering the tenders compar 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 The maize referred to in Article 1 must be of fair and State mentioned in the tender pursuant to paragraph 2. Such correction shall be made by : sound merchantable quality and correspond at least to the standard quality for which the intervention price — increasing prices which mention a Member State is fixed . whose currency has depreciated, — reducing prices which mention a Member State Article 7 whose currency has been revalued .
1 . The French intervention agency shall be respon The monetary compensatory amount shall, where sible for organizing the invitation to tender provided appropriate, be converted into the currency of the Member State in which the invitation to tender is for by this Regulation . issued using : 2. It shall forthwith communicate to the Commis — in the case when the currencies concerned are sion the list of firms which have responded to the invi kept at any given moment within a band of tation to tender, specifying the terms of each tender, 2-25 % , a conversion rate resulting from their together with the name and business name of the central rate , successful tenderer .
No L 58 / 66 Official Journal of the European Communities 1 . 3 . 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 information indicated above shall be forwarded State shall be responsible for the operations following by the intervention agency to the Commission imme tendering, including payment to the successful diately upon receipt. tenderer . 5. When the intervention agency responsible for In such 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 packing ; (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, 29 February 1980 . For the Commission
Finn GUNDELACH Vice-President