31981R3192

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COMMISSION REGULATION ( EEC) No 3192/81 of 9 November 1981 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Rwanda

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, 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 2727/75 of 29 October 1975 on the common organiza­ tions arising by virtue of participation in the invita­ tion of the market in cereals ( ! ), as last amended by tion to tender will be fulfilled ; Regulation (EEC) No 1949 /81 (2 ), and in particular Article 28 thereof, Whereas the French intervention agency should be made responsible for the tendering procedure for Having regard to Council Regulation (EEC) No supply to Rwanda ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas it is important that the Commission be in particular Article 6 thereof, informed without delay of the tenders submitted in response to the invitation and of those accepted by Having regard to Council Regulation No 129 of 23 October 1962 on the value of the unit of account and the intervention agency ; the exchange rates to be applied for the purposes of Whereas the measures provided for in this Regulation the common agricultural policy (4 ), as last amended by are in accordance with the opinion of the Manage­ Regulation (EEC) No 2543 /73 (5 ), and in particular Article 3 thereof, ment Committee for Cereals,

Having regard to the opinion of the Monetary Committee, HAS ADOPTED THIS REGULATION : Whereas, on 19 May 1981 , the Council of the Euro­ pean Communities declared that by way of Commu­ Article 1 nity action it proposed to grant Rwanda 2 000 tonnes of common wheat under its 1981 food-aid programme ; 1 . Tenders are hereby invited for the supply, by way of Community food-aid action to the Republic of Whereas an analysis of the state of the cereals market Rwanda of 2 000 tonnes of common wheat . with reference to cereals intervention in France indi­ cates that the criteria of Article 3 (2) of Regulation 2. The tendering procedure shall take place in (EEC) No 2750/75 should be applied and that the France in two lots of 1 000 tonnes. The product shall intervention agency of the Member State as specified be mobilized by the French intervention agency from should mobilize the cereals from those stocked in its the stores specified in the Annex . Shipment shall be own stores and should also determine the conditions from a Community port. of mobilization ; 3 . The invitation to tender provided for in para­ Whereas the proposed invitation to tender should be graph I is for supply of products delivered to Mom­ for supply of the products delivered to Mombasa/ basa/ Dar es Salaam , that is at the moment when the Dares Salaam , that is at the moment when the goods goods are actually placed on the quay or in the lighter are actually placed on the quay or in the lighter where where applicable . applicable ; Whereas the award under the invitation to tender 4. The successful tenderer shall deliver the product specified in paragraph 1 in new jute sacks of a net must be made in favour of the tenderer offering the capacity of 50 kilograms . best terms ; Minimum weight of the sacks shall be 600 grams. The (') OJ No L 281 , 1 . 11 . 1975, p . 1 . (t ) OJ No L 198 , 20 . 7. 1981 , p . 2 . following shall be printed on the sacks : ( 3) OJ No L 281 , 1 . 11 . 1975, p . 89 . («) OJ No 106, 30 . 10 . 1962, p . 2553/ 62 . Froment tendre/ Don de la Communauté économique (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 . européenne au Rwanda .'

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To allow for the possibility of rebagging, the pond at least to the bread-making quality required for successful tenderer shall supply 2 % of new empty intervention except that the moisture content shall sacks, of the same quality as those containing the not exceed 15-5 % . goods but with the printing followed by a capital letter 'R'. 2. For this purpose the intervention agency of the country of shipment shall arrange for a check at the Article 2 port at the time of loading on the nature, quality and packaging of the goods . Following inspection an attes­ 1 . The decision on tenders received in response to tation shall be issued. The costs relating thereto shall the invitation provided for in Article 1 shall be taken be borne by the intervention agency. on 20 November 1981 . 3 . Samples intended for analysis shall be taken and 2. The closing date for submission of tenders shall the inspection shall be carried out in accordance with be 20 November 1981 at 12 noon . the trade practices in force in the country of ship­ ment . 3 . The notice of invitation to tender shall be published in the Official Journal of the European Communities not less than nine days before the Article 7 closing date for submission of tenders . 1 . The French intervention agency shall be respon­ Article 3 sible for organizing the invitation to tender provided for by this Regulation and the payment to the The prices offered must be expressed in the currency successful tenderer . of the Member State in which the invitation to tender was issued . 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ Article 4 tation to tender, specifying the terms of each tender, together with the name and business name of the The contract shall be awarded to the tenderer offering successful tenderer . the best terms . 3 . The intervention agency shall request the However, if the tenders submitted do not appear to successful tenderer to supply the following informa­ reflect normal market prices and costs, the interven­ tion : tion agency, with the agreement of the Commission, may refuse the tenders . (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products Article 5 and the type of packing ; (b) the date of the departure of the ships, the esti­ 1 . The tenderer shall give security in an amount of mated date of arrival of the products at their desti­ 6 ECU per tonne of goods . nation ; It shall be released : (c) all possible contingencies which might occur — in the case of all tenderers whose tenders are during transportation of the products . unsuccessful or are not accepted, The information indicated above shall be forwarded — in the case of the successful tenderer, when the by the intervention agency to the Commission imme­ operations concerned have been carried out within diately upon receipt. the prescribed time limit and on submission of the original export licence duly granted and endorsed by the competent authorities of the Article 8 Member State mentioned in the tender pursuant to Article 3 , As regards this tender the intervention agency is auth­ — in the case of the successful tenderer for quantities orized to make an initial payment of 80 % of the not supplied by reason of force majeure, value of the quantity given in the bill of loading, on presentation of that document and subject to the 2. The security required under paragraph 1 may be taking of a security for an amount equal to the initial provided in the form of a cash deposit or of a guar­ payment . antee issued by a credit institution conforming to criteria laid down by each Member State . Article 9 Article 6 This Regulation shall enter into force on the day of its 1 . The common wheat referred to in Article 1 must publication in the Official Journal of the European be of fair and sound merchantable quality and corres­ Communities.

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

Done at Brussels, 9 November 1981 . For the Commission

Poul DALSAGER Member of the Commission

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BILAG — ANHANG — FiAPAPTHMA — ANNEX — ANNEXE — ALLEGATO — BIJLAGE

Partiets nummer Indskibningshavn Mængde (t) Lagerindehaverens navn og adresse Lagerplads Nummer der Partie Verschiffungshafen Menge (t) Name und Adresse des Lagerhalters Ort der Lagerhaltung 'Αριθμός παρτίδων Λιμένας φορτώσεως Τόνοι Όνομα καί διεύθυνση έναποθηκευτοΟ Τόπος άπο3ηκεύσεως Number of lot Port of shipment Tonnage Address of store Town at which stored Numéro du lot Port d'embarquement Tonnage Nom et adresse du stockeur Lieu de stockage Numero della partita Porto d'imbarco Tonnellaggio Nome e indirizzo del detentore Luogo di accantonamento Nummer van de partij Haven van inlading Hoeveelheid (t) Naam en adres van de depothouder Adres van de opslagplaats

1 Fællesskabshavne 1 000 t SICA des agriculteurs de l'Adour Hafen der Avenue Gaston Phoebus Gemeinschaft F-64230 Lesear Solferino (40) Κοινοτικός λιμένας 2 1 000 t SICA des agriculteurs de l'Adour Community port Avenue Gaston Phoebus Port de la F-64230 Lesear Communauté Solferino (40) Porto della Comunità Haven van de Gemeenschap