31980R2725

25 . 10 . 80 No L 281 / 15 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2725/80 of 24 October 1980 opening an invitation to tender for the mobilization of common wheat flour as food aid for Algeria

THE COMMISSION OF THE EUROPEAN should be taken of the effect on each tender of the COMMUNITIES, currency situation in the Member State in which the customs export formalities will be completed ; Having regard to the Treaty establishing the European Economic Community, Whereas the contract should be awarded to the tenderer who makes the best offer ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas it must be made clear who is to bear any tion of the market in cereals ( J ), as last amended by costs which arise in the event that for reasons of force Regulation (EEC) No 1870/80 (2), majeure the operation in question is not completed within the time stipulated ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas provision should be made for security to be tions for the mobilization of cereals as food aid (3), and given to guarantee fulfilment of the obligations arising in particular Article 6 thereof, by virtue of participation in the invitation to tender ;

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 28 May 1980 the Council of the Euro­ Whereas the measures provided for in this Regulation pean Communities declared that by way of Commu­ are in accordance with the opinion of the Manage­ nity action it proposed to grant Algeria 3 311 tonnes ment Committee for Cereals, of common wheat flour under its 1979/ 80 food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ HAS ADOPfED 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 Algiers, that is at the moment when the goods are actually placed on 1 . Tenders are hereby invited for the supply, by the quay or in the lighter where applicable ; way of Community food-aid action to Algeria of 3 311 tonnes of common wheat flour . Whereas tenders may be submitted by tenderers esta­ blished 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 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 that the tenders are as comparable as possible , account for 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 184, 17 . 7 . 1980 , p. 1 . graph 1 is for supply of products delivered to Algiers, (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) 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 .

No L 281 / 16 25 . 10 . 80 Official Journal of the European Communities

4. The product referred to in paragraph 1 is to be — in the other cases, the average of the spot rates of delivered in new sacks of a net capacity of 50 kilo­ the currencies concerned recorded in the Member grams . State in which the invitation to tender is issued during a period from the Wednesday of one week One of the two sorts of sack nominated hereinafter to the Tuesday of the following week being the may be used : period immediately preceding the closing date for — jute sacks of a minimum weight of 600 grams, submission of tenders . — composite sacks jute/polypropylene of a weight of 335 grams. Article 4 The following shall be printed on the sacks : The contract shall be awarded to the tenderer offering ' Farine de froment/ Don de la Communauté écono­ the best terms, taking into consideration the adjust­ mique européenne à la Republique algérienne/Pour ment referred to in Article 3 (3). distribution gratuite.' However, if the tenders submitted do not appear to To allow for the possibility of re-bagging, the reflect normal market prices and costs, the interven­ successful tenderer shall supply 2 % of new empty tion agency may cancel the invitation to tender. sacks of the same quality as those containing the goods but with the printing followed by a capital Article 5 letter ' R'. 1 . The tenderer shall give security in an amount of Article 2 12 ECU per tonne of goods. 1 . The decision on tenders received in response to It shall be released : the invitation provided for in Article 1 shall be taken — in the case of all tenderers whose tenders are on 7 November 1980 . unsuccessful or are not accepted, 2. The closing date for submission of tenders shall — in the case of the successful tenderer, when the be 7 November 1980 at 12 noon . operations concerned have been carried out within 3 . The notice of invitation to tender shall be the prescribed time limit and on submission of published in the Official Journal of the European the original export licence duly granted and Communities not less than nine days before the endorsed by the competent authorities of the closing date for submission of tenders. Member State mentioned in the tender pursuant to Article 3 (2), Article 3 — in the case of the successful tenderer, for quanti­ ties not supplied by reason of force majeure. 1 . The prices offered must be expressed in the currency of the Member State in which the invitation 2. The security required under paragraph 1 may be to tender was issued. provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to 2. Tenders must in particular mention the Member criteria laid down by each Member State. State in which the tenderer, in the event of his being declared successful, expects to complete the customs export formalities for the products concerned. Article 6

3 . For the purpose of rendering the tenders compar­ 1 . The common wheat flour referred to in Article 1 able the prices shall be corrected by the monetary to be supplied must meet the following requirements : compensatory amount applicable on the closing date — moisture : 14% maximum , for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph — protein content : 10-5 % minimum (N x 6-25 on 2. Such correction shall be made by : dry matter), — ash content : 0-52 % maximum referred to dry — increasing prices which mention a Member State matter . whose currency has depreciated. — 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 appropriate, be converted into the currency of the Member State in which the invitation to tender is attestation 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 .

25 . 10 . 80 No L 281 / 17 Official Journal of the European Communities

Article 7 (a) the date of the departure of the ships, the esti­ mated date of arrival of the products at their desti­ 1 . The French intervention agency shall be respon­ nation ; sible for organizing the invitation to tender provided for by this Regulation . (b) all possible contingencies which might occur during transportation of the products. 2. It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ The information indicated above shall be forwarded tation to tender, specifying the terms of each tender, by the intervention agency to the Commission imme­ together with the name and business name of the diately upon receipt. successful tenderer . 3 . Where the customs export formalities for the 5. When the intervention agency responsible for mobilized product are completed in a Member State the operations relating to tendering is not the interven­ other than that in which the invitation to tender is tion agency which appoints the successful tenderer, it issued, the intervention agency of the latter Member shall send as soon as possible to the latter the informa­ State shall be responsible for the operations following tion necessary for releasing the security. tendering, including payment to the successful tenderer. Article 8 In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ As regards this tender the intervention agency is auth­ vention agency of the Member State concerned and orized to make an initial payment of 80 % of the shall supply it with all the information which it may value of the quantity given in the bill of lading, on require . presentation of that document and subject to the Furthermore, the amount of the successful tender taking of a security for an amount equal to the initial shall be paid after it has been converted using the payment. average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 9 relating 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, 24 October 1980 .

For the Commission

Finn GUNDELACH

Vice-President