31980R2099

6 . 8 . 80 No L 204/ 17 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2099/80 of 4 August 1980 opening an invitation to tender for the mobilization of maize flour as food aid for Upper Volta

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 award under the invitation to tender Economic Community, must be made to the tenderer offering the best terms ;

Having regard to Council Regulation (EEC) No Whereas, should force majeure make it impossible to 2727/75 of 29 October 1975 on the common organiza­ complete the operation in question within the time tion of the market in cereals (!), as last amended by limits specified, it must be made clear who is to bear Regulation (EEC) No 1 870/80 (2), the liability for any resulting costs ;

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 ; 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 the Commission must be informed quickly 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 8 May 1979 the Council of the European ment Committee for Cereals, Communities declared that it proposed, by way of Community action, to grant 7 000 tonnes of cereals to Upper Volta under its 1 978/79 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 ;

Article 1 Whereas the proposed invitation to tender should be for supply of the products on the quay or in the lighter where applicable at the port of unloading ; 1 . Tenders are hereby invited for the supply to Upper Volta, by way of Community food-aid action, Whereas tenders may be submitted by tenderers of 3 889 tonnes of maize flour, falling within established in any Member State of the Community subheading 11.01 E I of the Common Customs Tariff. and may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 2. The tendering procedure shall take place in situation in the Member States and in order to ensure France in one lot. The product shall be mobilized on that the tenders are as comparable as possible, account the Community market. The product shall be loaded should be taken of the effect on each tender of the for departure from any Community port. (») OJ No L 281 , 1 . 11 . 1975, p. 1 . (*) OJ No L 184, 17. 7 . 1980, p. 1 . 3 . The invitation to tender provided for in para­ P) OJ No L 281 , 1 . 11 . 1975, p. 89 . graph 1 is for supply of products on the quay or in («) OJ No 106, 30 . 10 . 1962, p. 2553/62. (5) OJ No L 263 , 19 . 9 . 1973 , p. 1 . the lighter where applicable, in the port of Abidjan.

No L 204/ 18 Official Journal of the European Communities 6 . 8 . 80

The successful tenderer shall deliver the product speci­ — in the other cases, the average of the spot rates of fied in paragraph 1 in new jute sacks lined with the currencies concerned recorded in the Member three-ply kraft paper of a net capacity of 50 kilograms. State in which the invitation to tender is issued during a period from the Wednesday of one week The following shall be printed on the sacks : to the Tuesday of the following week being the period immediately preceding the closing date for 'Farine de Maïs / Don de la Communauté écono­ submission of tenders . mique européenne à la Haute Volta'.

To allow for the possibility of re-bagging, the Article 4 successful tenderer shall supply 2 % of new empty sacks of the same quality as those containing the The contract shall be awarded to the tenderer offering goods but with the printing followed by a capital the best terms, taking into consideration the adjust­ letter 'R\ ment referred to in Article 3 (3).

However, if the tenders submitted do not appear to Article 2 reflect normal market prices and costs, the interven­ 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 on 18 August 1980 . Article 5

2. The closing date for submission of tenders shall 1 . The tenderer shall give security in an amount of be 18 August 1980 at 12 noon. 12 ECU per tonne of the products.

3 . The notice of invitation to tender shall be It shall be released : published in the Official Journal of the European — in the case of all tenderers whose tenders are Communities not later than nine days before the closing date for submission of tenders. unsuccessful or are not accepted, — in the case of the successful tenderer, when the operations concerned have been carried out within Article 3 the prescribed time limit and on submission of the original export licence, duly granted and 1 . The prices offered must be expressed in the endorsed by the competent authorities of the currency of the Member State in which the invitation Member State mentioned in the tender pursuant to tender was issued . to Article 3 (2), 2. Tenders must in particular mention the Member — in the case of the successful tenderer for quantities State in which the tenderer, in the event of his being not supplied by reason of force majeure. declared successful, expects to complete the customs export formalities ' for the products concerned. 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a 3. For the purpose of rendering the tenders compar­ guarantee issued by a credit institution conforming to able, the prices shall be corrected by the monetary criteria laid down by each Member State. compensatory amount applicable on the closing date for submission of tenders to exports from the Member Article 6 State mentioned in the tender pursuant to paragraph 2. Such correction shall be made by : The product referred to in Article 1 must meet the — increasing prices which mention a Member State following requirements : whose currency has depreciated, — moisture content : maximum 1 3 % , — reducing prices which mention a Member State — acidity : 0-6 % maximum. whose currency has been revalued.

Products not meeting these requirements shall be re­ The monetary compensatory amount shall, where fused. appropriate be converted into the currency of the Member State in which the invitation to tender is issued using : Article 7 — in the case when the currencies concerned are kept at any given moment within a band of 1 . The French intervention agency shall be respon­ 2-25 % , a conversion rate resulting from their sible for organizing the invitation to tender provided central rate, for by this Regulation.

6 . 8 . 80 Official Journal of the European Communities No L 204/ 19

2. It shall forthwith communicate to the Commis­ (b) the date of the departure of the ships, the esti­ sion the list of firms which have responded to the invi­ mated date of arrival of the products at their tation to tender, specifying the terms of each tender, destination ; together with the name and business name of the (c) all possible contingencies which might occur successful tenderer. during transportation of the products. 3. Where the customs export formalities for the The information indicated above shall be forwarded mobilized product are completed in a Member State other than that in which the invitation to tender is by the intervention agency to the Commission immed­ iately upon receipt. issued, the intervention agency of the latter Member State shall be responsible for the operations following 5. When the intervention agency responsible for tendering, including payment to the successful tenderer. the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it In such case, the intervention agency choosing the shall send as soon as possible to the latter the informa­ successful tenderer shall immediately inform the inter­ tion necessary for releasing the security. vention agency of the Member State concerned and shall supply it with all the information which it may Article 8 require.

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

4. The intervention agency shall request the successful tenderer to supply the following informa­ Article 9 tion : (a) after each shipment, a statement giving details of This Regulation shall enter into force on the day of its the quantities loaded, the quality of the products publication in the Official Journal of the European Communities. and the type of packing ;

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

Done at Brussels, 4 August 1980.

For the Commission

Finn GUNDELACH Vice-President