31980R1770

No L 173/ 12 8 . 7 . 80 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1770/80 of 4 July 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Senegal

THE COMMISSION OF THE EUROPEAN that the tenders are as comparable as possible, account COMMUNITIES, should be taken of the effect on each tender of the currency situation in the Member State in which the customs export formalities will be completed ; Having regard to the Treaty establishing the European Economic Community, Whereas the award under the invitation to tender Having regard to Council Regulation (EEC) No must be made in favour of the tenderer offering the best terms ; 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, should force majeure make it impossible to complete the operation in question within the set Having regard to Council Regulation (EEC) No time limits, it should be made clear who is to bear the 2750/75 of 29 October 1975 laying down the condi­ liability for any resulting costs ; tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas provisions should be made for security to be given for the purpose of guaranteeing that the obliga­ Having regard to Council Regulation No 129 on the tions arising by virtue of participation in the invita­ value of the unit of account and the exchange rates to tion to tender will be fulfilled ; be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof, Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ tion ; Having regard to the opinion of the Monetary Committee, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Whereas on 28 May 1980 the Council of the Euro­ and of those accepted by the intervention agency ; pean Communities declared that by way of Commu­ nity action it proposed to grant Senegal 5 000 tonnes of common wheat under its 1979 / 80 food-aid Whereas the measures provided for in this Regulation programme ; are in accordance with the opinion of the Mangement Committee for Cereals, Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas tenders should be invited for the supply of HAS ADOPTED THIS REGULATION : 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 ; Article 1 Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 1 . Tenders are hereby invited for the supply, by may relate to products mobilized anywhere within way of Community food-aid action , to Senegal of those Member States ; whereas, in view of the currency 5 000 tonnes of common wheat . situation in the Member States and in order to ensure

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . 2. The tendering procedure shall take place in (2) OJ No L 188 , 26. 7. 1979, p. 1 . France in one lot. The product shall be mobilized on (}) OJ No L 281 , 1 . 11 . 1975, p. 89. (4) OJ No 106, 30 . 10 . 1962, p . 2553/62 . the Community market . The product shall be loaded (5) OJ No L 263 , 19 . 9 . 1973 , p. 1 . for the departure from any Community port .

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3. The product referred to in paragraph 1 is to be State in which the invitation to tender is issued delivered in new jute sacks of a net capacity of 50 kilo­ during a period from the Wednesday of one week grams to the port of shipment in the vicinity of the to the Tuesday of the following week being the vessel . The goods must be set down at the place nomi­ period immediately preceding the closing date for submission of tenders . nated by the recipient country or its agent, the timing of delivery being settled by the tenderer and the recip­ ient country's agent. Article 4 Minimum weight of the sacks shall be 600 grams. The The contract shall be awarded to the tenderer offering following shall be printed on the sacks : the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). ' Froment / Don de la Communauté économique euro­ péenne au Sénégal '. However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ To allow for the possibility of re-bagging, the tion agency may cancel the invitation to tender. successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the Article 5 goods but with the printing followed by a capital letter 'R '. If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the Article 2 notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ 1 . The decision on tenders received in response to tion, the resulting costs shall be borne by the interven­ the invitation provided for in Article 1 shall be taken tion agency . on 18 July 1980 . Article 6 2. The closing date for submission of tenders shall be 18 July 1980 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be 6 ECU per tonne of goods. published in the Official Journal of the European It shall be released : Communities not less than nine days before the' — in the case of all tenderers whose tenders are closing date for submission of tenders. unsuccessful or are not accepted , Article 3 — in the case of the successful tenderer, when the operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation the original export licence duly granted and to tender was issued . endorsed by the competent authorities of the 2. Tenders must in particular mention the Member Member State mentioned in the tender pursuant State in which the tenderer, in the event of his being to Article 3 (2), declared successful, expects to complete the customs — in the case of the successful tenderer, for quanti­ export formalities for the products concerned . ties not supplied by reason of force majeure. 3 . For the purpose of rendering the tenders compar­ 2. The security required under paragraph 1 may be able, the prices shall be corrected by the monetary provided in the form of a cash deposit or of a compensatory amount applicable on the closing date guarantee issued by a credit institution conforming to for submission of tenders to exports from the Member criteria laid down by each Member State . State mentioned in the tender pursuant to paragraph 2 . Such correction shall be made by : Article 7 — increasing prices which mention a Member State The common wheat referred to in Article 1 must be whose currency has depreciated, of fair and sound merchantable quality and corres­ — reducing prices which mention a Member State pond at least to the standard quality for which the whose currency has been revalued . reference price is fixed . The monetary compensatory amount shall , where Article 8 appropriate, be converted into the currency of the Member State in which the invitation to tender is 1 . The French intervention agency shall be issued using : responsible for organizing the invitation to tender — in the case when the currencies concerned are provided for by this Regulation . kept at any given moment within a band of 2 . It shall forthwith communicate to the Commis­ 2-25 % , a conversion rate resulting from their sion the list of firms which have responded to the invi­ central rate, tation to tender, specifying the terms of each tender, — in other cases, the average of the spot rates of the together with the name and business name of the currencies concerned recorded in the Member successful tenderer .

No L 173 / 14 Official Journal of the European Communities 8 . 7. 80

3. Where the customs export formalities for the The information indicated above shall be forwarded mobilized product are completed in a Member State by the intervention agency to the Commission imme­ other than that in which the invitation to tender is diately upon receipt. issued, the intervention agency of the latter Member State shall be responsible for the operations following 5 . When the intervention agency responsible for tendering, including payment to the successful the operations relating to tendering is not the interven­ tenderer. tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ In such case, the intervention agency choosing the tion necessary for releasing the security. successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and shall supply it with all the information which it may require. Article 9

Furthermore, the amount of the successful tender shall be paid after it has been converted using the On delivery of the goods at the port of shipment, a handing-over certificate shall be supplied to the average of the spot rates referred to in the second successful tenderer, acting as agent for the Commu­ subparagraph of Article 3 (3) to the tenderer in the nity, by the agent of the recipient country, or, in the currency of the Member State in which the operations relating to the tendering are completed . absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment 4. The intervention agency shall request the is situated . successful tenderer to supply the following informa­ tion : (a) after shipment, a certificate showing the quantities Article 10 dispatched and the quality of the products ; (b) the date of departure of the ships ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European Communities. during transportation of the products.

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

Done at Brussels, 4 July 1980 . For the Commission

Finn GUNDELACH Vice-President