31981R3282
No L 331 /22 Official Journal of the European Communities 19 . 11 . 81
COMMISSION REGULATION (EEC) No 3282/81 of 16 November 1981 on the supply of maize meal to the United Nations High Commissioner for Refugees as food aid
THE COMMISSION OF THE EUROPEAN currency situation m 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 ( J), as last amended by majeure the operation in question is not completed Regulation (EEC) No 1949/81 (2), and in particular within the time stipulated ; Article 28 thereof,
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 arising by virtue of participation in the invita tions for the mobilization of cereals as food aid (3), and tion to tender for supplies to the Republic of Chad in particular Article 6 thereof, will be fulfilled ; Having regard to Council Regulation No 129 of 23 October 1962 on the value of the unit of account and Whereas the French intervention agency should be the exchange rates to be applied for he purposes of made responsible for the tendering procedure in ques the common agricultural policy (4), as last amended by tion ; 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 expressed its intention to grant, are in accordance with the opinion of the Manage under a Community measure, 4 000 tonnes of cereals ment Committee for Cereals, to the United Nations High Commissioner for Refu gees under its food-aid programme for 1980 ;
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 ;
Whereas the proposed invitation to tender should be Article 1 for supply of the prpducts delivered to Douala, that is at the moment when the goods are actually placed on 1 . Tenders are hereby invited for the supply to the the quay or in the lighter where applicable ; United Nations High Commissioner for Refugees, by way of Community food-aid action, of 2 080 tonnes of Whereas tenders may be submitted by tenderers esta maize meal . blished in any Member State of the Community 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 products shall be mobilized on that the tenders are as comparable as possible, account the Community market. The products shall be loaded should be taken of the effect on each tender of the from a Community port.
C ) OJ No L 281 , 1 . 11 . 1975, p. 1 . 3 . The invitation to tender provided for in para (2) OJ No L 198 , 20 . 7. 1981 , p. 2. graph 1 is for supply of products delivered to Douala ; (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.
19 . 11 . 81 Official Journal of the European Communities No L 331 / 23
4. The successful tenderer shall deliver the product latest statement of their exchange rates made specified in paragraph 1 in new jute sacks of a net immediately preceding the closing date for the capacity of 50 kilograms. submission of tenders as published in the 'C' series of the Official Journal of the European Minimum weight of the sacks shall be 600 grams. The Communities. following shall be printed on the sacks : 'Semoules de Maïs / Don de la Communauté écono Article 4 mique européenne / Action de l'UNHCR au Tchad' The contract shall be awarded to the tenderer offering To allow for the possibility of rebagging, the the best terms, taking into consideration the adjust successful tenderer shall supply 2 % of new empty ment referred to in Article 3 (3). sacks, of the same quality as those containing the goods but with the printing followed by a capital However, if the tenders submitted do not appear to letter 'R'. reflect normal market prices and costs, the interven tion agency may cancel the invitation to tender. Article 2 Article 5 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken 1 . The tenderer shall give security in an amount of on 11 December 1981 . 12 ECU per tonne of goods.
2. The closing date for submission of tenders shall It shall be released : be 1 1 December 1981 at 12 noon . — in the case of all tenderers whose tenders are 3 . The notice of invitation to tender shall be unsuccessful or are not accepted, published in the Official Journal of the European — in the case of the successful tenderer, when the Communities not less than nine days before the operations concerned have been carried out within closing date for submission of tenders. the prescribed time limit and on submission of the original export licence No 1 duly granted and Article 3 endorsed by the competent authorities of the Member State mentioned in the tender pursuant 1 . The prices offered must be expressed in the to Article 3 (2). currency of the Member State in which the invitation — in the case of the successful tenderer, for quanti to tender was issued . ties not supplied by reason of force majeure.
2. Tenders must in particular mention the Member 2. The security required under paragraph 1 may be State in which the tenderer, in the event of his being provided in the form of a cash deposit or of a declared successful, expects to complete the customs guarantee issued by a credit institution conforming to export formalities for the products concerned. criteria laid down by each Member State.
3 . For the purpose of rendering the tenders compar Article 6 able, the prices shall be corrected by the monetary compensatory amount applicable on the closing date 1 . The maize meal, falling within subheading 11.02 for submission of tenders to exports from the Member A V a) 2), referred to in Article 1 must correspond to State mentioned in the tender pursuant to para the following characteristics : graph 2. Such correction shall be made by : — maize meal of fair and sound merchantable — increasing prices which mention a Member State quality, free from abnormal smell and pests, whose currency has depreciated, — moisture content : 12% maximum , — reducing prices which mention a Member State whose currency has been revalued. — acidity : 0-6 % maximum .
The monetary compensatory amount shall, where 2. For this purpose the intervention agency of the appropriate, be converted into the currency of the country of shipment shall arrange for a check at the Member State in which the invitation to tender is port at the time of loading on the nature, quality and issued using : packaging of the goods . Following inspection an attes tation shall be issued. The costs relating thereto shall — in the case when the currencies concerned are be borne by the successful tenderer. kept at any given moment within a band of 2-25 % , a conversion rate resulting from their 3 . Samples intended for analysis shall be taken and central rate , the inspection shall be carried out in accordance with — in other cases, the relationship between the two the trade practices in force in the country of ship currencies concerned, established by using the ment .
No L 331 /24 Official Journal of the European Communities 19 . 11 . 81
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 departqre 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 Furthermore, the amount of the successful tender presentation of that document and subject to the shall be paid after it has been converted using the taking of a security for an amount equal to the initial average of the spot rates referred to in the second payment. 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, 16 November 1981 . For the Commission
Poul DALSAGER Member of the Commission