31981R0939
No L 96/ 6 Official Journal of the European Communities 8 . 4 . 81
COMMISSION REGULATION ( EEC) No 939/81 of 6 April 1981 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Rwanda
THE COMMISSION OF THE EUROPEAN Whereas the Danish intervention agency should be COMMUNITIES , made responsible for the tendering procedure in ques tion ; Having regard to the Treaty establishing the European Economic Community, Whereas it is important that the Commission be Having regard to Council Regulation ( EEC) No informed without delay of the tenders submitted in 2727/ 75 of 29 October 1975 on the common organiza response to the invitation and of those accepted by tion of the market in cereals ('), as last amended by the intervention agency ; the Act of Accession of Greece (: ), and in particular Article 28 thereof. Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage Having regard to Council Regulation (EEC) No ment Committee for Cereals, 2750/75 of 29 October 1975 laying down the condi tions for the mobilization of cereals as food aid ( 3), and in particular Article 6 thereof,
Having regard to Council Regulation No 129 of 23 HAS ADOPTED THIS REGULATION : October 1962 on the value of the unit of account and the exchange rates to be applied for the purposes of the common agricultural policy (4 ), as last amended by Article 1 Regulation ( EEC) No 2543 / 73 (5 ), and in particular Article 3 thereof, 1 . Tenders are hereby invited for the supply by way Having regard to the opinion of the Monetary of Community food-aid action to the Republic of Committee , Rwanda of 2 000 tonnes of common wheat .
Whereas, on 28 May 1980, the Council of the Euro 2. The tendering procedure shall take place in pean Communities declared that by way of Commu Denmark in one parcel . nity action it, proposed to grant the Republic of Rwanda 2 000 tonnes of common wheat under its 1980 food-aid programme ; 3 . The produce shall be taken from the interven tion agency of Denmark from the stores specified in Whereas, an analysis of the state of the cereals market, the Annex . with reference to cereals intervention in Denmark indicates that the criteria of Article 3 ( 2) of Council 4. Shipment shall be from a Community port. Regulation ( EEC) No 2750/75 should be applied and that the intervention agency of the Member State as 5 . The invitation to tender provided for in para specified should mobilize the cereals from those stocked in its own stores and should also determine graph 1 is for supply of the products delivered to the conditions of mobilization ; Kigali .
Whereas the contract should be awarded to the 6 . The successful tenderer shall deliver the tenderer who makes the best offer ; products specified in paragraph 1 in new jute sacks of a net capacity of 50 kilograms . Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force majeure the operation in question is not completed Minimum weight of the sacks shall be 600 grams. The wihtin the time stipulated ; following shall be printed on the sacks :
Whereas provision should be made for security to be ' Froment tendre / Don de la Communauté écono given to guarantee fulfilment of the obligations arising mique européenne à la république du Rwanda'. by virtue of participation in the invitation to tender ; To allow for the possibility of re-bagging, the (') OJ No L 281 , 1 . 11 . 1975, p . 1 . successful tenderer shall supply 2 % of new empty (2 ) OJ No L 291 , 19 . 11 . 1979 , p . 17 . sacks, of the same quality as those containing the (3) OJ No L 281 , 1 . 11 . 1975 , p . 89 . (4 ) OJ No 106 , 30 . 10 . 1962, p . 2553/ 62 . goods but with the printing followed by a capital 5 OJ No L 263 , 19 . 9 . 1973 , p . 1 . letter ' R '.
8 . 4 . 81 Official Journal of the European Communities No L 96 / 7
Article 2 tender, together with the name and business name of the successful tenderer. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken 3 . Where the customs export formalities for the on 21 April 1981 . mobilized product are completed in a Member State other than that in which the invitation to tender is 2. The closing date for submission of tenders shall be 21 April 1981 at 12 noon . issued, the intervention agency of the latter Member State shall be responsible for the operations following 3 . The notice of invitation to tender shall be tendering, including payment to the successful published in the Official Journal of the European tenderer . Communities not less than nine days before the closing date for submission of tenders. In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter Article 3 vention agency of the Member State concerned and shall supply it with all the information which it may The contract shall be awarded to the tenderer who require . makes the most favourable offer. Furthermore , the amount of the successful tender However, if the tenders submitted do not appear to shall be paid after it has been converted using the reflect normal market prices and costs, the interven average of the spot rates referred to in the second tion agency may cancel the invitation to tender. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 4 relating to the tendering are completed. 1 . The tenderer shall give security of a value of 6 4. The intervention agency shall request the ECU per tonne of the product ; the security is successful tenderer to supply the following informa intended to guarantee that the operations specified in tion : Article 1 are duly completed . The security shall be forfeited if those operations are not carried out within (a) after each shipment, a statement giving details of the prescribed time limit, save as regards quantities the quantities loaded, the quality of the products not delivered owing to force majeure. and the type of packing ;
2 . The security required under paragraph 1 may be (b) the date of the departure of the ships, the esti provided in the form of a cash deposit or of a mated date of arrival of the products at their guarantee issued by a credit institution conforming to destination ; criteria laid down by each Member State . (c) all possible contingencies which might occur during transportation of the products. Article 5 The information indicated above shall be forwarded 1 . The common wheat must be of fair and by the intervention agency to the Commission merchantable quality and correspond at least to the immediately upon receipt. minimum quality required for intervention at the reference price (humidity 1 5 % ). 5. When the intervention agency responsible for the operations relating to tendering is not the interven 2. For this purpose the intervention agency of the tion agency which appoints the successful tenderer, it country of shipment shall arrange for a check at the shall send as soon as possible to the latter the informa port at the time of loading on the nature, quality and tion necessary for releasing the security. packaging of the goods . Following inspection an attes tation shall be issued. The costs relating thereto shall be borne by the successful tenderer. Article 7
3 . Samples intended for analysis shall be taken and the inspection shall be carreid out in accordance with As regards this tender the intervention agency is authorized to make an initial payment of 80 % of the the trade practices in force in the country of ship ment . value of the quantity given in the bill of lading, on presentation of that document and subject to the Article 6 taking of a security for an amount equal to the initial payment . 1 . The Danish intervention agency shall be respon sible for organizing the invitation to tender provided Article 8 for by this Regulation .
2 . It shall forthwith communicate to the Commis This Regulation shall enter into force on the day of its sion the list of firms which have responded to the publication in the Official Journal of the European invitation to tender, specifying the terms of each Communities.
No L 96 / 8 Official Journal of the European Communities 8 . 4 . 81
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 6 April 1981 .
For the Commission
Poul DALSAGER
Member of the Commission
8 . 4 . 81 Official Journal of the European Communities No L 96/9
ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX — ΠΑΡΑΡΤΗΜΑ
Numéro du lot Port d'embarquement Tonnage Nom et adresse du stockeur Lieu de stockage Nummer der Partie Verschiffungshafen Menge Name und Adresse des Lagerhalters Ort der Lagerhaltung Numero della partita Porto d' imbarco Tonnellaggio Nome e indirizzo del detentore Luogo di accantonamento Nummer van de partij Haven van ìnlading Hoeveelheid Naam en adres van de entrepothouder Adres van de opslagplaats Partiets nummer Indskibningshavn Mængde Lagerindehaverens navn og adresse Lagerplads Number of lot Port of shipment Tonnage Address of store Town at which stored 'Αριθμός παρτίδων Λιμένας φορτώσεως Τόνοι Όνομα και διεύθυνση έναποθηκευτού Τόπος αποθηκεύσεως
1 Port de la 1 000 t Vennerslund Gods 4840 Communauté 4840 Nr. Alslev Nr. Alslev Hafen der 1 000 t Aggerup 4990 Sakskøbing Gemeinschaft 4990 Sakskøbing Porto della Comunità Haven van de Gemeenschap Fælleskabshavne Community port Κοινοτικός λιμένας