CELEX: 31980R1827
Language: en
Date: 1980-07-11 00:00:00
Title: 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

No L 178 / 14                            Official Journal of the European Communities                             12. 7. 80
                                     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
 Having regard to Council Regulation (EEC) No                        complete the operation in question within the set
                                                                      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,
 Having regard to Council Regulation No 129 on the                   Whereas the Belgian intervention agency should be
 value of the unit of account and the exchange rates to              made responsible for the tendering procedure in ques­
                                                                     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 on 8 May 1979 the Council of the European                    Whereas the measures provided for in this Regulation
 Communities declared that by way of Community                       are in accordance with the opinion of the Manage­
                                                                     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
those Member States ; whereas, in view of the currency               2. The tendering        procedure shall take place in
situation in the Member States and in order to ensure                Belgium in one lot.     The product shall be mobilized
that the tenders are as comparable as possible, account              on the Community         market. The product shall be
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.
 ---pagebreak--- 12. 7. 80                        Official Journal of the European Communities                          No L 178/ 15
                       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.
                       Article 3
                                                                                      Article 6
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation
                                                            1 . The tenderer shall give security in an amount of
to tender was issued .                                      6 ECU per tonne of goods.
                                                            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
3. For the purpose of rendering the tenders compar­             operations concerned have been carried out within
able, the prices shall be corrected by the monetary              the prescribed time limit and on submission of
compensatory amount applicable on the closing date               the original export licence duly granted and
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
2. Such correction shall be made by :                            to Article 3 (2),
— increasing prices which mention a Member State            — in the case of the successful tenderer, for quanti­
    whose currency has depreciated,                              ties not supplied by reason of force majeure.
— 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
    kept at any given moment within a band of               The common wheat referred to in Article 1 must be
    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
    during a period from the Wednesday of one week                                    Article 8
    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.
 ---pagebreak--- 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
In such case, the intervention agency choosing the           shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­      tion necessary for releasing the security.
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
average of the spot rates referred to in the second          handing-over certificate shall be supplied to the
subparagraph of Article 3 (3) to the tenderer in the         successful tenderer, acting as agent for the Commu­
currency of the Member State in which the operations         nity, by the agent of the recipient country, or, in the
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
    during transportation of the products.                   Communities.
              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