31980R1546

21 . 6 . 80 Official Journal of the European Communities No L 153 / 11

COMMISSION REGULATION (EEC) No 1546/80

of 20 June 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the People's Republic of Bangladesh

THE COMMISSION OF THE EUROPEAN whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to the Treaty establishing the European Economic Community, Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ Having regard to Council Regulation (EEC) No tion ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Regulation (EEC) No 1 547/79 (2), Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the measures provided for in this Regulation in particular Article 6 thereof, are in accordance with the opinion of the Manage­ ment Committee for Cereals, Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) HAS ADOPTED THIS REGULATION : No 2543/73 (5), and in particular Article 3 thereof,

Having regard to the opinion of the Monetary Committee , Article 1

Whereas on 28 May 1980 the Council of the Euro­ 1 . Tenders are hereby invited for the supply by way pean Communities declared that by way of Commu­ of Community food-aid action to the People's nity action it proposed to grant the People's Republic Republic of Bangladesh of 104 992 tonnes of of Bangladesh 104 992 tonnes of common wheat common wheat . under its 1979/80 food-aid programme ; 2. The tendering procedure shall take place in Whereas an analysis of the state of the cereals market France in five lots . with reference to cereals intervention in France indi­ cates that the criteria of Article 3 (2) of Council Regu­ 3 . The produce shall be taken from the interven­ lation (EEC) No 2750/75 should be applied and that the intervention agency of the Member State as speci­ tion agency of the French Republic from the stores fied should mobilize the cereals from those stocked in specified in the Annex. its own stores and should also determine the condi­ tions of mobilization ; 4. Shipment shall be from a Community port.

Whereas tenders should be invited for the supply of 5. The product referred to in paragraph 1 is to be the product to the port of shipment in the vicinity of delivered in bulk to the port of shipment in the the vessel , the goods to be set down at the place nomi­ vicinity of the vessel . The goods must be set down at nated by the recipient or its agent ; the place nominated by the recipient country or its agent, the timing of delivery being settled by the Whereas the contract should be awarded to the tenderer and the recipient country's agent. tenderer offering the best terms ;

Whereas in case it should be impossible for reasons of Article 2 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 ; 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken (') OJ No L 281 , 1 . 11 . 1975, p . 1 . on 4 July 1980 . (2) OJ No L 188 , 26. 7. 1979, p. 1 . (}) OJ No L 281 , 1 . 11 . 1975 , p . 89 . 2. The closing date for the receipt of tenders shall (<) OJ No 106, 30 . 10 . 1962, p . 2553 /62. (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 . be 4 July 1980 at 12 noon .

No L 153/ 12 Official Journal of the European Communities 21 . 6 . 80

3 . The notice of invitation to tender shall be Article 7 published in the Official Journal of the European 1 . The French intervention agency shall be respon­ Communities not less than nine days before the sible for operations relating to the invitation to tender closing date for submission of tenders. provided for by this Regulation.

Article 3 2. It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer who tation to tender, specifying the terms of each tender, makes the most favourable offer. together with the name and business name of the successful tenderer. However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 3 . On the other hand, if the successful tenderer is tion agency may cancel the invitation to tender. established in a Member State other than the one collecting the tenders, and if the product is dispatched Article 4 through a frontier post of the Member State where the successful tenderer is established, the French interven­ If the tenderer is unable to deliver the goods in tion agency shall be responsible for the operation compliance with Article 1 (5) on the date given in the relating to the tendering. notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ 4. The intervention agency shall request the tion, the resulting costs shall be borne by the interven­ successful tenderer to supply the following informa­ tion : tion agency. (a) after each shipment a certificate showing the quan­ Article 5 tities dispatched and the quality of the products ; (b) the date of departure of the vessels. 1 . The tenderer shall give security of a value of 6 ECU per tonne of the product ; the security is The information indicated above shall be forwarded intended to guarantee that the operations specified in by the intervention agency to the Commission imme­ Article 1 are duly completed. The security shall be diately upon receipt. forfeited if those operations are not carried out within the prescribed time limit, save as regards quantities Article 8 not delivered owing to force majeure. On delivery of the goods at the port of shipment, a 2. The security required under paragraph 1 may be handing-over certificate shall be supplied to the provided in the form of a cash deposit or of a successful tenderer, acting as agent for the Commu­ guarantee issued by a credit institution conforming to nity, by the agent of the recipient country or, in the criteria laid down by each Member State . absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment Article 6 is situated .

The common wheat referred to in Article 1 must be Article 9 of fair and sound merchantable quality and corres­ pond at least to the standard quality for which the This Regulation shall enter into force on the day of its reference price is fixed, except that the moisture publication in the Official Journal of the European content shall not exceed 15% . Communities.

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

Done at Brussels, 20 June 1980 .

For the Commission

Finn GUNDELACH

Vice-President

21 . 6 . 80 Official Journal of the European Communities No L 153/ 13

ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX

Numéro du lot Port d'embarquement Tonnage à mettre en fob Nom et adresse du stockeur Lieu de stockage Nummer der Lose Verschiffungshafen Nach fob zu bringende Menge Name und Adresse des Lagerhalters Ort der Lagerhaltung Porto d'imbarco Tonnellaggio da mettere in fob Nome e indirizzo del detentore Luogo di accantonamento Numero della partita Nummer van de partij Haven van inlading Fob aan te leveren hoeveelheid Naam en adres van de entrepothouder Adres van de opslagplaats Partiets nummer Indskibningshavn Mængde til levering fob Lagerindehaverens navn og adresse Lagerplads Number of lot Port of shipment Tonnage fob Address of store Town at which stored

104 992 t Port de la dont : Communauté davon : di cui : Hafen der waarvan : Gemeinschaft deraf : Porto della whereof : Comunità 1 Comunity 20 000 t Sonastock Nantes Port Nantes 2 Fælleskabshavne 10 000 t Magasins ruraux de l'Ouest Saint-Pierre-des-Corps Saint-Pierre-des-Corps 3 Haven van de 5 700 t Codep Saint-Ouen-l'Aumône Gemeenschap Saint-Pierre-des-Corps 4 59 300 t Codep Saint-Ouen-1'Aumône Saint-Ouen - l'Aumône 5 9 992 t Cornet et fils 28410 Orgères-en-Beauce Saint-Nazaire