31980R2385

No L 244/ 8 16 . 9 . 80 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2385/80

of 15 September 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 1 870/80 (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 Having regard to the opinion of the Monetary informed without delay of the tenders submitted in Committee, response to the invitation and of those accepted by the intervention agency ;

Whereas on 28 May 1980 the Council of the Euro­ pean Communities declared that by way of Commu­ Whereas the measures provided for in this Regulation nity action it proposed to grant the Republic of are in accordance with the opinion of the Manage­ Zambia 10 000 tonnes of maize under its 1979/80 ment Committee for Cereals, food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased HAS ADOPTED THIS REGULATION : anywhere on the Community market ;

Whereas the proposed invitation to tender should be for supply of the products delivered to Durban, that is Article 1 at the moment when the goods are actually placed on the quay or in the lighter where applicable ; 1 . Tenders are hereby invited for the supply to the Republic of Zambia, by way of Community food-aid Whereas tenders may be submitted by tenderers estab­ action, of 1 0 000 tonnes of maize. lished in any Member State of the Community and may relate to products mobilized anywhere within 2. The tendering procedure shall take place in those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure France in 1 lot. The products shall be mobilized on the Community market. The products shall be loaded that the tenders are as comparable as possible, account should be taken of the effect on each tender of the for departure from a Community port.

(») OJ No L 281 , 1 . 11 . 1975, p. 1 . 3. The invitation to tender provided for in para­ $ OJ No L 184, 17. 7. 1980, p. 1 . graph 1 is for supply of products delivered to Durban, (>) OJ No L 281 , 1 . 11 . 1975, p. 89. OJ No 106, 30 . 10 . 1962, p. 2553/62. that is at the moment when the goods are actually (5) OJ No L 263, 19. 9. 1973, p. 1 . placed on the quay or in the lighter where applicable.

16. 9 . 80 No L 244/9 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 3 October 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 3 October 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 Communities not less than nine days before the unsuccessful or are not accepted, closing date for submission of tenders. — in the case of the successful tenderer, when the

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 comptetent 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 3 (2), to tender was issued . — in the case of the successful tenderer, for quanti­ 2. Tenders must in particular mention the Member ties not supplied by reason of force majeure. State in which the tenderer, in the event of his being declared successful, expects to complete the customs 2. The security required under paragraph 1 may be export formalities for the products concerned. provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to 3. For the purpose of rendering the tenders compar­ criteria laid down by each Member State. 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 State mentioned in the tender pursuant to paragraph 1 . The maize referred to in Article 1 must be of fair 2. Such correction shall be made by : and sound merchantable quality and correspond at — increasing prices which mention a Member State least to the standard quality for which the interven­ whose currency has depreciated, tion price is fixed.

— reducing prices which mention a Member State 2. For this purpose the intervention agency of the whose currency has been revalued. country of shipment shall arrange for a check at the port at the time of loading on the nature, quality and The monetary compensatory amount shall, where packaging of the goods. Following inspection an attest­ appropriate, be converted into the currency of the Member State in which the invitation to tender is ation shall be issued. The costs relating thereto shall be borne by the successful tenderer. issued using :

— in the case when the currencies concerned are 3 . Samples intended for analysis shall be taken and kept at any given moment within a band of the inspection shall be carried out in accordance with 2-25 % , a conversion rate resulting from their the trade practices in force in the country of ship­ central rate, ment .

No L 244/ 10 Official Journal of the European Communities 16 . 9 . 80

Article 7 (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products 1 . The French intervention agency shall be respon­ and the type of packing ; sible for organizing the invitation to tender provided (b) the date of the departure of the ships, the esti­ for by this Regulation. mated date of arrival of the products at their desti­ 2. It shall forthwith communicate to the Commis­ nation ; sion the list of firms which have responded to the invi­ (c) all possible contingencies which might occur tation to tender, specifying the terms of each tender, during transportation of the products. together with the name and business name of the successful tenderer. The information indicated above shall be forwarded by the intervention agency to the Commission imme­ 3. Where the customs export formalities for the diately upon receipt. mobilized product are completed in a Member State other than that in which the invitation to tender is 5. When the intervention agency responsible for issued, the intervention agency of the latter Member the operations relating to tendering is not the interven­ State shall be responsible for the operations following tion agency which appoints the successful tenderer, it tendering, including payment to the successful shall send as soon as possible to the latter the informa­ tenderer. tion necessary for releasing the security.

In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 8 vention agency of the Member State concerned and shall supply it with all the information which it may As regards this tender the intervention agency is auth­ require . orized to make an initial payment of 80 % of the value of the quantity given in the bill of lading, on Futhermore, the amount of the successful tender shall presentation of that document and subject to the be paid after it has been converted using the average taking of a security for an amount equal to the initial of the spot rates referred to in the second subpara­ payment. graph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations relating Article 9 to the tendering are completed.

4. The intervention agency shall request the This Regulation shall enter into force on the day of its successful tenderer to supply the following informa­ publication in the Official Journal of the European tion : Communities.

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

Done at Brussels, 15 September 1980.

For the Commission

Finn GUNDELACH

Vice-President