31980R1266
No L 129 /8 Official Journal of the European Communities 24 . 5 . 80
COMMISSION REGULATION ( EEC) No 1266/ 80
of 23 May 1980
opening an invitation to tender for the mobilization of maize as food aid for the World Food Programme
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 1 547 /79 (*'), 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 to guarantee fulfilment of the obligations arising tions for the mobilization of cereals as food aid ( 3 ), and by virtue of participation in the invitation to tender ; in particular Article 6 thereof,
Whereas the French intervention agency should be Having regard to Council Regulation No 129 on the made responsible for the tendering procedure in ques value of the unit of account and the exchange rates to tion ; 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 it is important that the Commission be informed without delay of the tenders submitted in response to the invitation and of those accepted by Having regard to the opinion of the Monetary 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 that by way of Commu are in accordance with the opinion of the Manage nity action it proposed to grant the World Food ment Committee for Cereals , Programme 2 553 tonnes of maize under its 1978 / 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 Art tele 1 for supply of the products delivered to Mombasa, that is at the moment when the goods arc actually placed 1 . Tenders are hereby invited for the supply, by on the quay or in the lighter where applicable ; way of Community food-aid action to the World Food Programme , of 2 553 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 one lot . The products shall be mobilized on situation in the Member States and in order to ensure the Community market. The products shall be loaded for departure from a Community port . that the tenders are as comparable as possible , account should be taken of the effect on each tender of the 3 . The invitation to tender provided for in para ') OJ No L 281 , I. 11 . 197S , p. I. graph 1 is for supply of products delivered to : ) OJ No L 1 88 , 26 . 1 979 , p. 1 . Mombasa, that is at the moment when the goods are ') OJ No L 281 , 1 . 11 , 197S , p. 89 . A ) OJ No 106 , 30 . 10 . 1962 , p. 25S3 / 62 . actually placed on the quay or in the lighter where 5 ) OJ No L 263 , 19 . 9 . 1 9 "" 3 , p. 1 . applicable .
24 . 5 . 80 Official Journal of the European Communities No L 129 / 9
4 . The successful tenderer shall deliver the product Article 4 specified in paragraph 1 in new jute sacks of a net The contract shall be awarded to the tenderer offering capacity of 80 kilograms . the best terms , taking into consideration the adjust Minimum weight of the sacks shall be 700 grams. The ment referred to in Article 3 ( 3 ). following shall be printed on the sacks : However, if the tenders submitted do not appear to '1 185 / Maize / Mombasa in transit to Uganda / reflect normal market prices and costs , the interven Supplied by the World Food Programme / Gift of the tion agency may cancel the invitation to tender . European Economic Community'.
To allow for the possibility of re-bagging , the Article 5 successful tenderer shall supply 2 % of new empty sacks of the same quality as those containing the 1 . The tenderer shall give security in an amount of goods but with the printing followed by a capital 6 ECU per tonne of goods . letter ' R \ It shall be released : Article 2 — in the case of all tenderers whose tenders are 1 . The decision on tenders received in response to unsuccessful or are not accepted , the invitation provided for in Article 1 shall be taken — in the case of the successful tenderer, when the on 6 June 1980 . operations concerned have been carried out within the prescribed time limit and on submission of 2 . The closing date for submission of tenders shall the original export licence duly granted and be 6 June 1980 at 12 noon . endorsed by the competent authorities of the 3 . The notice of invitation to tender shall be Member State mentioned in the tender pursuant published in the Official Journal of the European to Article 3 ( 2), Communities not less than nine days before the — in the case of the successful tenderer, for quanti closing date for submission of tenders . ties not supplied by reason of force majeure.
A rticle 3 2 . The security required under paragraph 1 may be provided in the form of a cash deposit or of a 1 . The prices offered must be expressed in the guarantee issued by a credit institution conforming to currency of the Member State in which the invitation criteria laid down by each Member State . to tender was issued .
2 . Tenders must in particular mention the Member Article 6 State in which the tenderer, in the event of his being declared successful , expects to complete the customs The maize referred to in Article 1 must be of fair and export formalities for the products concerned . sound merchantable quality and correspond at least to the standard quality for which the intervention price 3 . For the purpose of rendering the tenders compar is fixed . able the prices shall be corrected by the monetary compensatory amount applicable on the closing date Article 7 for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph 1 . The French intervention agency shall be respon 2 . Such correction shall be made by : sible for organizing the invitation to tender provided — increasing prices which mention a Member State for by this Regulation . whose currency has depreciated , 2 . It shall forthwith communicate to the Commis — reducing prices which mention a Member State sion the list of firms which have responded to the invi whose currency has been revalued . tation to tender, specifying the terms of each tender, The monetary compensatory amount shall , where together with the name and business name of the appropriate , be converted into the currency of the successful tenderer . Member State in which the invitation to tender is issued using : 3 . Where the customs export formalities for the mobilized product are completed in a Member State — in the case when the currencies concerned arc other than that in which the invitation to tender is kept at any given moment within a band of issued , the intervention agency of the latter Member 2 2.S % , a conversion rate resulting from their State shall be responsible for the operations following central rate , tendering , including payment to the successful — in the other cases , the average of the spot rates of tenderer . the currencies concerned recorded in the Member State in which the invitation to tender is issued In such case , the intervention agency choosing the during a period from the Wednesday of one week successful tenderer shall immediately inform the inter to the Tuesday of the following week being the vention agency of the Member State concerned and period immediately preceding the closing date for shall supply it with all the information which it may submission of tenders . require .
No L 129 / 10 Official Journal of the European Communities 24 . 5 . 80
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 request the Article 8 successful tenderer to supply the following informa tion : 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 the type of packing ; presentation of that document and subject to the taking of a security for an amount equal to the initial (b) the date of the departure of the ships , the esti payment . mated date of arrival of the products at their desti nation ; (c) all possible contingencies which might occur Article 9 during transportation of the products .
The information indicated above shall be forwarded This Regulation shall enter into force on the day of its by the intervention agency to the Commission imme publication in the Official Journal of the European Communities. diately upon receipt .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 23 May 1980 .
For the Commission
Finn GUNDELACH
Vice-President