31980R1824

12. 7 . 80 Official Journal of the European Communities No L 178/5

COMMISSION REGULATION (EEC) No 1824/80 of 11 July 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Benin

THE COMMISSION OF THE EUROPEAN Whereas, should force majeure make it impossible to COMMUNITIES, complete the operation in question within the set time limits, it should be made clear who is to bear the Having regard to the Treaty establishing the European liability for any resulting costs ; Economic Community,

Having regard to Council Regulation (EEC) No Whereas provisions should be made for security to be 2727/75 of 29 October 1975 on the common organiza­ given for the purpose of guaranteeing that the obliga­ tion of the market in cereals ('), a? last amended by tions arising by virtue of participation in the invita­ Regulation (EEC) No 1 547/79 (2), tion to tender will be fulfilled ;

Having regard to Council Regulation (EEC) No Whereas the Belgian intervention agency should be 2750/75 of 29 October 1975 laying down the condi­ made responsible for the tendering procedure in ques­ tions for the mobilization of cereals as food aid (3), and tion ; in particular Article 6 thereof,

Having regard to Council Regulation No 129 on the Whereas the Commission must be informed quickly value of the unit of account and the exchange rates to of the tenders submitted in response to the invitation be applied for the purposes of the common agricul­ and of those accepted by the intervention agency ; tural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof, Whereas the measures provided for in this Regulation Having regard to the opinion of the Monetary are in accordance with the opinion of the Mangement Committee, Committee for Cereals,

Whereas on 28 May 1980 the Council of the Euro­ pean Communities declared that by way of Commu­ nity action it proposed to grant Benin 5 000 tonnes of HAS ADOPTED THIS REGULATION : common wheat under its 1979/80 food-aid programme ; Whereas pursuant to Article 3 (3) of Council Regula­ Article 1 tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; 1 . Tenders are hereby invited for the supply, by Whereas tenders should be invited for the supply of way of Community food-aid action to Benin, of 5 000 the product to the port of shipment in the vicinity of tonnes of common wheat. the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ; 2. The tendering procedure shall take place in Belgium in one lot. The product shall be mobilized Whereas tenders may be submitted by tenderers esta­ on the Community market. The product shall be blished in any Member State of the Community and loaded for departure from any Community port. may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 3 . The product referred to in paragraph 1 is to be that the tenders are as comparable as possible, account delivered in bulk to the port of shipment in the should be taken of the effect on each tender of the vicinity of the vessel. The goods must be set down at currency situation in the Member State in which the the place nominated by the recipient country or its customs export formalities will be completed ; agent, the timing of delivery being settled by the tenderer and the recipient body's agent. Whereas the award under the invitation to tender must be made in favour of the tenderer offering the best terms : Article 2 (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 188 , 26 . 7. 1979, p. 1 . 1 . The decision on tenders received in response to (J) OJ No L 281 , 1 . 11 . 1975, p. 89 . the invitation provided for in Article 1 shall be taken («) OJ No 106, 30 . 10. 1962, p. 2553/62. (5) OJ No L 263 , 19 . 9 . 1973, p. 1 . on 25 July 1980 .

No L 178 / 6 12. 7. 80 Official Journal of the European Communities

2. The closing date for submission of tenders shall of invitation to tender as a result of the late availa­ be 25 July 1980 at 12 noon . bility of the vessels to be used for sea transportation, the resulting costs shall be borne by the intervention 3 . The notice of invitation to tender shall be agency. published in the Official Journal of the European Communities not less than nine days before the Article 6 closing date for submission of tenders.

1 . The tenderer shall give security in an amount of Article 3 6 ECU per tonne of goods.

1 . The prices offered must be expressed in the It shall be released : currency of the Member State in which the invitation to tender was issued . — in the case of all tenderers whose tenders are unsuccessful or are not accepted, 2. Tenders must in particular mention the Member — in the case of the successful tenderer, when the State in which the tenderer, in the event of his being operations concerned have been carried out within declared successful, expects to complete the customs the prescribed time limit and on submission of export formalities for the products concerned. the original export licence duly granted and endorsed by the competent authorities of the 3. For the purpose of rendering the tenders compar­ Member State mentioned in the tender pursuant able, the prices shall be corrected by the monetary to Article 3 (2), compensatory amount applicable on the closing date for submission of tenders to exports from the Member — in the case of the successful tenderer, for quanti­ State mentioned in the tender pursuant to paragraph ties not supplied by reason of force majeure. 2. Such correction shall be made by : 2. The security required under paragraph 1 may be — increasing prices which mention a Member State provided in the form of a cash deposit or of a whose currency has depreciated, guarantee issued by a credit institution conforming to — reducing prices which mention a Member State criteria laid down by each Member State. whose currency has been revalued.

Article 7 The monetary compensatory amount shall, where appropriate, be converted into the currency of the The common wheat referred to in Article 1 must be Member State in which the invitation to tender is of fair and sound merchantable quality and corres­ issued using : pond at least to the standard quality for which the — in the case when the currencies concerned are reference price is fixed. kept at any given moment within a band of 2-25 %, a conversion rate resulting from their Article 8 central rate, — in other cases, the average of the spot rates of the 1 . The Belgian intervention agency shall be respon­ currencies concerned recorded in the Member sible for organizing the invitation to tender provided State in which the invitation to tender is issued for by this Regulation. during a period from the Wednesday of one week to the Tuesday of the following week being the 2. It shall forthwith communicate to the Commis­ period immediately preceding the closing date for sion the list of firms which have responded to the invi­ submission of tenders. tation to tender, specifying the terms of each tender, together with the name and business name of the successful tenderer. Article 4 3. Where the customs export formalities for the The contract shall be awarded to the tenderer offering mobilized product are completed in a Member State the best terms, taking into consideration the adjust­ other than that in which the invitation to tender is ment referred to in Article 3 (3). issued, the intervention agency of the latter Member State shall be responsible for the operations following However, if the tenders submitted do not appear to tendering, including payment to the successful reflect normal market prices and costs, the interven­ tenderer. tion agency may cancel the invitation to tender. In such case, the intervention agency choosing the Article 5 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and If the tenderer is unable to deliver the good in compli­ shall supply it with all the information which it may ance with Article 1 (3) on the date given in the notice require.

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Furthermore, the amount of the successful tender 5. When the intervention agency responsible for shall be paid after it has been converted using the the operations relating to tendering is not the interven­ average of the spot rates referred to in the second tion agency which appoints the successful tenderer, it subparagraph of Article 3 (3) to the tenderer in the shall send as soon as possible to the latter the informa­ currency of the Member State in which the operations tion necessary for releasing the security. relating to the tendering are completed. Article 9 4. The intervention agency shall request the On delivery of the goods at the port of shipment, a successful tenderer to supply the following informa­ handing-over certificate shall be supplied to the tion : successful tenderer, acting as agent for the Commu­ (a) after shipment, a certificate showing the quantities nity, by the agent of the recipient country, or, in the dispatched and the quality of the products ; absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment (b) the date of departure of the ships ; is situated . (c) all possible contingencies which might occur during transportation of the products. Article 10

The information indicated above shall be forwarded This Regulation shall enter into force on the day of its by the intervention agency to the Commission imme­ publication in the Official Journal of the European Communities. diately upon receipt.

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

Done at Brussels, 11 July 1980 .

For the Commission

Finn GUNDELACH

Vice-President