31980R1547
No L 153 / 14 Official Journal of the European Communities 21 . 6 . 80
COMMISSION REGULATION (EEC) No 1547/ 80 of 20 June 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Mauritania
THE COMMISSION OF THE EUROPEAN whereas the award under the invitation to tender COMMUNITIES, must be made in favour of the tenderer offering the best terms ; Having regard to the Treaty establishing the European Economic Community, Whereas, should force majeure make it impossible to complete the operation in question within the set Having regard to Council Regulation (EEC) No time limits, it should be made clear who is to bear the 2727/75 of 29 October 1975 on the common organiza liability for any resulting costs ; tion of the market in cereals ( J), as last amended by Regulation (EEC) No 1 547/79 (2), Whereas provisions should be made for security to be given for the purpose of guaranteeing that the obliga Having regard to Council Regulation (EEC) No tions arising by virtue of participation in the invita 2750/75 of 29 October 1975 laying down the condi tion to tender for supplies to the Islamic Republic of tions for the mobilization of cereals as food aid (3), and Mauritania will be fulfilled ; 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) Whereas the Commission must be informed quickly No 2543/73 (5), and in particular Article 3 thereof, 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 28 May 1980 the Council of the Euro ment Committee for Cereals, pean Communities declared that by way of Commu nity action it proposed to grant the Islamic Republic of Mauritania 1 1 000 tonnes of common wheat under its 1978 /79 and 1979/80 food-aid programme ; HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; Article 1
Whereas the proposed invitation to tender should be 1 . Tenders are hereby invited for the supply to the for supply of the products placed on the quay at the Islamic Republic of Mauritania by way of Community port of unloading ; food-aid action of 1 1 000 tonnes of common wheat .
Whereas tenders may be submitted by tenderers esta 2. The tendering procedure shall take place in blished in any Member State of the Community and France in four lots. The product shall be mobilized on may relate to products mobilized anywhere within the Community market. The/product shall be loaded those Member States ; whereas, in view of the currency for the departure from any Community port. situation in the Member States and in order to ensure 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 currency situation in the Member State in which the graph 1 is for supply of products delivered on the customs export formalities will be completed ; quay in one of the ports of unloading listed in the Annex . (!) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 188 , 26 . 7. 1979, p. 1 . 4. The successful tenderer shall deliver the product (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . specified in paragraph 1 in new jute sacks of a net (4) OJ No 106, 30. 10 . 1962, p . 2553/62. (5) OJ No L 263, 19 . 9. 1973, p. 1 . capacity of 50 kilograms.
21 . 6 . 80 No L 153/ 15 Official Journal of the European Communities
The minimum weight of the sacks shall be 600 grams. Article 4 The following shall be printed on the sacks : The contract shall be awarded to the tenderer offering Froment tendre / Don de la Communauté écono the best terms, taking into consideration the adjust mique européenne à la Mauritanie.' ment referred to in Article 3 (3). To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty However, if tlie tenders submitted do not appear to reflect normal market prices and costs, the interven sacks, of the same quality as those containing the tion agency may cancel the invitation to tender. goods but with the printing followed by a capital letter 'R'. Article 5 Article 2 1 . The tenderer shall give security in an amount of 1 . The decision on tenders received in response to 6 ECU per tonne of goods. the invitation provided for in Article 1 shall be taken on 4 July 1980 . It shall be released :
2. The closing date for submission of tenders shall — in the case of all tenderers whose tenders are be 4 July 1980 , 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 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 quantities currency of the Member State in which the invitation not supplied by reason of force majeure. to tender was issued . 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, where appropriate, be corrected by the monetary compensatory amount applicable on The common wheat referred to in Article 1 to be the closing date for submission of tenders to exports supplied to the Islamic Republic of Mauritania must from the Member State mentioned in the tender be of fair and sound merchantable quality and corres pursuant to paragraph 2. Such correction shall be pond at least to the standard quality for which the made by : intervention price is fixed . — increasing prices which mention a Member State whose currency has depreciated, Article 7 — reducing prices which mention a Member State whose currency has been revalued. 1 . The French intervention agency shall be respon Such monetary compensatory amount shall, where sible for organizing the invitation to tender provided appropriate, be converted into the currency of the for by this Regulation . Member State in which the invitation to tender is 2. It shall forthwith communicate to the Commis issued using : sion the list of firms which have responded to the invi — in the case when the currencies concerned are tation to tender, specifying the terms of each tender, kept at any given moment within a band of together with the name and business name of the 2-25 % , a conversion rate resulting from their successful tenderer . central rate , — in other cases, the average of the spot rates of the 3 . Where the customs export formalities for the currencies concerned recorded in the Member mobilized product are completed in a Member State State in which the invitation to tender is issued other than that in which the invitation to tender is during a period from the Wednesday of one week issued, the intervention agency of the latter Member to the Tuesday of the following week being the State shall be responsible for the operations following period immediately preceding the closing date for tendering, including payment to the successful submission of tenders . tenderer.
No L 153/ 16 Official Journal of the European Communities 21 . 6 . 80
In such case, the intervention agency choosing the 5. When the intervention agency responsible for successful tenderer shall immediately inform the inter the operations relating to tendering is not the interven vention agency of the Member State concerned and tion agency which appoints the successful tenderer, it shall supply it with all the information which it may shall send as soon as possible to the latter the informa require . tion necessary for releasing the security.
Furthermore, the amount of the successful tender shall be paid after it has been converted using the average of the spot rates referred to in the second Article 8 subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations As regards this tender, the intervention agency is auth relating to the tendering are completed. orized to make an initial payment of 80 % of the 4. The intervention agency shall request the value of the quantity given in the bill of lading, on successful tenderer to supply the following informa presentation of that document and subject to the tion : taking of a security for an amount equal to the initial payment. (a) after each shipment a certificate showing the quan tities dispatched and the quality of the products ; (b) the date of departure of the ships ; (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 diately upon receipt. Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 20 June 1980. For the Commission
Finn GUNDELACH Vice-President
ANNEX
Number Port of unloading Minimum rate of unloading Tonnage cif of lot
1 Nouakchott 4 000 I
2 Nouakchott 4 000 Customs of the port 3 Nouakchott 2 000 4 Nouadhibou 1 000 I