31980R1827

No L 178 / 14 12. 7. 80 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1827/80 of 11 July 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the Arab Republic of Yemen

THE COMMISSION OF THE EUROPEAN whereas the award under the invitation to tender COMMUNITIES, must be made in favour of the tenderer offering the best terms ; Having regard to the Treaty establishing the European Economic Community, 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 2727/75 of 29 October 1975 on the common organiza­ liability for any resulting costs ; tion of the market in cereals ('), as last amended by Regulation (EEC) No 1 547/79 (2), Whereas provisions should be made for security to be Having regard to Council Regulation (EEC) No given for the purpose of guaranteeing that the obliga­ 2750/75 of 29 October 1975 laying down the condi­ tions arising by virtue of participation in the invita­ tions for the mobilization of cereals as food aid (3), and tion to tender will be fulfilled ; in particular Article 6 thereof,

Whereas the Belgian intervention agency should be Having regard to Council Regulation No 129 on the made responsible for the tendering procedure in ques­ value of the unit of account and the exchange rates to tion ; 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 Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to the opinion of the Monetary and of those accepted by the intervention agency ; Committee, Whereas the measures provided for in this Regulation Whereas on 8 May 1979 the Council of the European are in accordance with the opinion of the Manage­ Communities declared that by way of Community ment Committee for Cereals, action it proposed to grant the Arab Republic of Yemen 3 000 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 ;

Whereas tenders should be invited for the supply of Article 1 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 ; 1 . Tenders are hereby invited for the supply, by way of Community food-aid action to the Arab Repu­ Whereas tenders may be submitted by tenderers esta­ blic of Yemen, of 3 000 tonnes of common wheat. blished in any Member State of the Community and may relate to products mobilized anywhere within 2. The tendering procedure shall take place in those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure Belgium in one lot. The product shall be mobilized on the Community market. The product shall be that the tenders are as comparable as possible, account should be taken of the effect on each tender of the loaded for departure from any Community port. currency situation in the Member State in which the customs export formalities will be completed ; 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 , I. II . 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 (J) OJ No L 281 , 1 . 11 . 1975, p. 89 . («) OJ No 106, 30 . 10 . 1962, p. 2553/62. agent, the timing of delivery being setded by the (5) OJ No L 263, 19. 9. 1973 , p. 1 . tenderer and the recipient body's agent.

12 . 7 . 80 No L 178/ 15 Official Journal of the European Communities

Article 2 However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 1 . The decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided for in Article 1 shall be taken on 25 July 1980. Article 5 2. The closing date for submission of tenders shall be 25 July 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 State in which the tenderer, in the event of his being — in the case of all tenderers whose tenders are 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 for submission of tenders to exports from the Member endorsed by the competent authorities of the State mentioned in the tender pursuant to paragraph Member State mentioned in the tender pursuant 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, — reducing prices which mention a Member State 2. The security required under paragraph 1 may be whose currency has been revalued. provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to The monetary compensatory amount shall, where criteria laid down by each Member State. appropriate, be converted into the currency of the Member State in which the invitation to tender is issued using : Article 7 — in the case when the currencies concerned are The common wheat referred to in Article 1 must be kept at any given moment within a band of 2 25 % , a conversion rate resulting from their of fair and sound merchantable quality and corres­ central rate, pond at least to the standard quality for which the reference price is fixed. — in other cases, the average of the spot rates of the currencies concerned recorded in the Member State in which the invitation to tender is issued Article 8 during a period from the Wednesday of one week to the Tuesday of the following week being the period immediately preceding the closing date for 1 . The Belgian intervention agency shall be respon­ submission of tenders . sible for organizing the invitation to tender provided for by this Regulation .

Article 4 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 offering tation to tender, specifying the terms of each tender, the best terms, taking into consideration the adjust­ together with the name and business name of the ment referred to in Article 3 (3). successful tenderer.

No L 178/ 16 Official Journal of the European Communities 12. 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 other than that in which the invitation to tender is immediately upon receipt. issued, the intervention agency of the latter Member State shall be responsible for die operations following 5. When the intervention agency responsible for tendering, including payment to the successful ten­ the operations relating to tendering is not the interven­ derer. 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 On delivery of the goods at the port of shipment, a shall be paid after it has been converted using the 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 absence of the latter, by the intervention agency of the relating to the tendering are completed. 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, 11 July 1980.

For the Commission

Finn GUNDELACH Vice-President