31980R0582

No L 63 / 16 8 . 3 . 80 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 582/80 of 7 March 1980 opening an invitation to tender (or the mobilization of common wheat as food aid for the World Food Programme

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 Whereas the award under the invitation to tender Economic Community, must be made in favour of the tenderer offering the best terms ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas, should force majeure make it impossible to tion of the market in cereals (J), as last amended by complete the operation in question within the set Regulation (EEC) No 1 547/79 (2), time limits, it should be made clear who is to bear the liability for any resulting costs ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas provisions should be made for security to be tions for the mobilization of cereals as food aid (3), and given for the purpose of guaranteeing that the obliga­ in particular Article 6 thereof, tions arising by virtue of participation in the invita­ tion to tender will be fulfilled ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas the Belgian intervention agency should be be applied for the purposes of the common agricul­ made responsible for the tendering procedure in ques­ tural policy (4), as last amended by Regulation (EEC) tion ; No 2543/73 (5), and in particular Article 3 thereof, Whereas the Commission must be informed quickly Having regard to the opinion of the Monetary of the tenders submitted in response to the invitation Committee, and of those accepted by the intervention agency ;

Whereas on 8 May 1979 the Council of the European Whereas the measures provided for in this Regulation Communities declared that by way of Community are in accordance with the opinion of the Manage­ action it proposed to grant the World Food ment Committee for Cereals, Programme 4 147 tonnes of common wheat under its 1978/79 food-aid programme ;

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 ; Article 1 Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of 1 . Tenders are hereby invited for the supply, by the vessel, the goods to be set down at the place nomi­ way of Community food-aid action to the World Food nated by the recipient or its agent ; Programme, of 4 147 tonnes of common wheat.

Whereas tenders may be submitted by tenderers esta­ 2. The tendering procedure shall take place in blished in any Member State of the Community and Belgium in one lot. The product shall be mobilized may relate to products mobilized anywhere within on the Community market. The product shall be those Member States ; whereas, in view of the currency loaded for the departure from any Community port. situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 3 . The product referred to in paragraph 1 is to be delivered in bulk to the port of shipment in the (!) OJ No L 281 , 1 . 11 . 1975, p. 1 . vicinity of the vessel. The goods must be set down at (2) OJ No L 188 , 26 . 7. 1979, p. 1 . the place nominated by the recipient country or its (3) OJ No L 281 , 1.11 . 1975, p. 89. (4) OJ No 106, 30. 10. 1962, p. 2553/62. agent, the timing of delivery being settled by the (5) OJ No L 263, 19 . 9 . 1973, p. 1 . tenderer and the recipient body's agent.

8 . 3 . 80 No L 63/ 17 Official Journal of the European Communities

The successful tenderer shall supply in addition State in which the invitation to tender is issued 52 000 empty new jute sacks of a capacity of 80 kilo­ during a period from the Wednesday of one week grams, 50 needles and sufficient twine. to the Tuesday of the following week being the period immediately preceding the closing date for submission of tenders. Minimum weight of the sacks shall be 700 grams. The following shall be printed on the sacks :

'Jordan 1165 EXP II / Wheat / Aqaba / Supplied by Article 4 the World Food Programme / Gift of the European Economic Community'. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). Article 2 However, if the tenders submitted do not appear to 1 . The decision on tenders received in response to reflect normal market prices and costs, the interven­ the invitation provided for in Article 1 shall be taken tion agency may cancel the invitation to tender. on 21 March 1980 .

Article 5 2. The closing date for submission of tenders shall be 21 March 1980 at 12 noon . If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the 3 . The notice of invitation to tender shall be notice of invitation to tender as a result of the late published in the Official Journal of the European availability of the vessels to be used for sea transporta­ Communities not less than nine days before the tion, the resulting costs shall be borne by the interven­ closing date for submission of tenders. tion agency.

Article3¶

1 . The prices offered must be expressed in the 1 . The tenderer shall give security in an amount of currency of the Member State in which the invitation 6 ECU per tonne of goods. to tender was issued . It shall be released : 2. Tenders must in particular mention the Member — in the case of all tenderers whose tenders are State in which the tenderer, in the event of his being declared successful, expects to complete the customs unsuccessful or are not accepted, export formalities for the products concerned. — in the case of the successful tenderer, when the operations concerned have been carried out within 3 . For the purpose of rendering the tenders compar­ the prescribed time limit and on submission of able, the prices shall be corrected by the monetary the original export licence duly granted and compensatory amount applicable on the closing date endorsed by the competent authorities of the for submission of tenders to exports from the Member Member State mentioned in the tender pursuant State mentioned in the tender pursuant to paragraph to Article 3 (2), 2. Such correction shall be made by : — in the case of the successful tenderer, for quanti­ — increasing prices which mention a Member State ties not supplied by reason of force majeure. whose currency has depreciated, 2. The security required under paragraph 1 may be — reducing prices which mention a Member State provided in the form of a cash deposit or of a whose currency has been revalued. guarantee issued by a credit institution conforming to criteria laid down by each Member State. The monetary compensatory amount shall, where appropriate, be converted into the currency of the Member State in which the invitation to tender is Article 7 issued using : The common wheat referred to in Article 1 must be — in the case when the currencies concerned are of fair and sound merchantable quality and corres­ kept at any given moment within a band of pond at least to the standard quality for which the 2-25 % , a conversion rate resulting from their intervention price is fixed, except that the moisture central rate, content shall not exceed 1 5-5 % and that a maximum — in other cases, the average of the spot rates of the of 3 % of sprouted grains and 1 -5 % of miscellaneous currencies concerned recorded in the Member impurities shall be allowed.

No L 63/ 18 8 . 3 . 80 Official Journal of the European Communities

Article 8 (a) after shipment a certificate showing the quantities dispatched and the quality of the products ; 1 . The Belgian intervention agency shall be respon­ sible for organizing the invitation to tender provided (b) the date of departure of the ships ; for by this Regulation . (c) all possible contingencies which might occur 2. It shall forthwith communicate to the Commis­ during transportation of the products. 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. Aritcle 9 In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ On delivery of the goods at the port of shipment, a vention agency of the Member State concerned and handing-over certificate shall be supplied to the shall supply it with all the information which it may successful tenderer, acting as agent for the Commu­ require . nity, by the agent of the recipient country, or, in the absence of the latter, by the intervention agency of the Furthermore, the amount of the successful tender Member State in whose territory the port of shipment shall be paid after it has been converted using the is situated . 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 10 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, 7 March 1980 .

For the Commission

Finn GUNDELACH Vice-President