31980R0055

No L 8 / 6 Official Journal of the European Communities 12 . 1 . 80

COMMISSION REGULATION (EEC) No 55/80 of 11 January 1980 opening an invitation to tender for the mobilization of durum wheat as food aid for the Republic of Peru

THE COMMISSION OF THE EUROPEAN whereas in case it should be impossible for reasons of COMMUNITIES, force majeure to complete the operation in question within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; Having regard to the Treaty establishing the European Economic Community, Whereas provision should be made for security to be Having regard to Council Regulation (EEC) No given to guarantee fulfilment of the obligation arising 2727/75 of 29 October 1975 on the common organiza­ by virtue of participation in the invitation to tender ; tion of the market in cereals ('), as last amended by Regulation ( EEC) No 1547/79(2 ), Whereas the Italian intervention agency should be made responsible for the tendering procedure ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the Commission must be informed quickly tions for the mobilization of cereals as food aid (3 ), and of the tenders submitted in response to the invitation in particular Article 6 thereof, and of those accepted by the intervention agency ;

Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas the measures provided for in this Regulation be applied for the purposes of the common agricul­ are in accordance with the opinion of the Manage­ tural policy (4), as last amended by Regulation (EEC) ment Committee for Cereals, No 2543/73 (5), and in particular Article 3 thereof,

Having regard to the opinion of the Monetary Committee , HAS ADOPTED THIS REGULATION : Whereas on 8 May 1979 , the Council of the European Communities declared that it proposed, by way of Community action , to grant 4 500 tonnes of durum Article 1 wheat to the Republic of Peru under its 1978/79 food­ aid programme ; 1 . Tenders are hereby invited for the supply, by way of Community food-aid action to the Republic of Whereas an analysis of the state of the cereals market Peru, of 4 500 tonnes of durum wheat. with reference to cereals intervention in Italy, indi­ cates that the criteria of Article 3 (2) of Council Regu­ lation (EEC) No 2750/75 should be applied and that 2. The tendering procedure shall take place in Italy the intervention agency of the Member State as speci­ in one lot. The product shall be loaded for departure fied should mobilize the cereals from those stocked in from any Community port. its own stores and should also determine the condi­ tions of mobilization ; 3 . The produce shall be taken from the interven­ tion agency of the Republic of Italy from the stores Whereas tenders should be invited for the supply of specified in the Annex. the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ; 4. The product referred to in paragraph 1 is to be delivered in new jute sacks of a net capacity of 50 kilo­ Whereas the contract should be awarded to the grams to the port of shipment in the vicinity of the vessel . The goods must be set down at the place nomi­ tenderer offering the best terms ; nated by the recipient country or its agent, the timing of delivery being settled by the tenderer and the recip­ (!) OJ No L 281 , 1 . 11 . 1975 , p. 1 . (2) OJ No L 188 , 26 . 7 . 1979 , p. 1 . ient country's agent. P ) OJ No L 281 , 1 . 11 . 197.5 , p. 89 . (4) OJ No 106 , 30 . 10 . 1962, p . 2553/ 62. (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 . Minimum weight of the sacks shall be 600 grams .

12 . 1 . 80 No L 8 / 7 Official Journal of the European Communities

The following shall be printed on the sacks : Article 6

Trigo / Donación de la Comunidad economica The product referred to in Article 1 must be of fair europea al Peru'. and sound merchantable quality, be free from odour, and correspond at least to the quality standard laid To allow for the possibility of re-bagging, the down in Commission Regulation (EEC) No 1569/77 successful tenderer shall supply 2 % of new empty of 1 1 July 1977, as amended by Regulations (EEC) No sacks of the same quality as those containing the 1600/78 of 7 July 1978 and (EEC) No 3017/78 of 21 goods but with the printing followed by a capital December 1978 . letter 'R \

Article7¶

1 . The Italian intervention agency shall be respon­ 1 . The decision on tenders received in response to sible for the operations relating to the invitation to the invitation provided for in Article 1 shall be taken tender provided for by this Regulation . on 25 January 1980 .

2 . It shall forthwith communicate to the Commis­ 2. The closing date for the receipt of tenders shall sion the list of firms which have responded to the invi­ be 25 January 1980 at 12 noon . tation to tender, specifying the terms of each tender, together with the name and business name of the 3 . The notice of invitation to tender shall be successful tenderer. published in the Official Journal of the European Communities not less than nine days before the 3 . On the other hand, if the successful tenderer is closing date for submission of tenders. established in a Member State other than the one collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the Article 3 successful tenderer is established, the Italian interven­ tion agency shall be responsible for the operations The contract shall be awarded to the tenderer who relating to the tendering . makes the most favourable offer. 4. The intervention agency shall request the However, if the tenders submitted do not appear to successful tenderer to supply the following informa­ reflect normal market prices and costs, the interven­ tion : tion agency may cancel the invitation to tender. (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; Article 4 (b) the date of departure of the vessels.

If the tenderer is unable to deliver the goods in The information indicated above shall be forwarded compliance with Article 1 (4) on the date given in the by the intervention agency to the Commission imme­ notice of invitation to tender as a result of the late diately upon receipt . availability of the vessels to be used for sea transporta­ tion, the resulting costs shall be borne by the interven­ tion agency . Article 8

Article 5 On delivery of the goods at the port of shipment, a handing-over certificate shall be supplied to the successful tenderer, acting as agent for the Commu­ 1 . The successful tenderer shall give security of a nity, by the agent of the recipient country or, in the value of 6 ECU per tonne of the product ; the security absence of the latter, by the intervention agency of the is intended to guarantee that the operations specified Member State in whose territory the port of shipment in Article 1 are duly completed. The security shall be is situated . forfeited if those operations are not carried out within the prescribed time limit, save as regards quantities not delivered owing to force majeure. Article 9 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a This Regulation shall enter into force on the day of its guarantee issued by a credit institution conforming to publication in the Official Journal of the European Communities. criteria laid down by each Member State .

No L 8 / 8 Official Journal of the European Communities 12 . 1 . 80

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

Done at Brussels, 11 January 1980 .

For the Commission

Finn GUNDELACH Vice-President

ANNEX

Number of lot Port of shipment Tonnage fob Address of store Town at which stored

1 Community port 2 870 Fedit Fangariù 210 CAP — Cagliari Cagliari silo 155 CAI — Roma Bivio Fregene 223 CAI — Roma Isola sacra 578 CAI — Roma Pomezia 464 CAI — Roma Bracciano

4 500