CELEX: 31980R0055
Language: en
Date: 1980-01-11 00:00:00
Title: Commission Regulation (EEC) No 55/80 of 11 January 1980 opening an invitation to tender for the mobilization of durum wheat as food aid for the Republic of Peru

No L 8 / 6                                 Official Journal of the European Communities                              12 . 1 . 80
                                      COMMISSION REGULATION (EEC) No 55/80
                                                         of 11 January 1980
              opening an invitation to tender for the mobilization of durum wheat as food aid
                                                      for the Republic of Peru
THE COMMISSION OF THE EUROPEAN                                        whereas in case it should be impossible for reasons of
COMMUNITIES,                                                         force majeure to complete the operation in question
                                                                     within the set time limits, it must be made clear who
Having regard to the Treaty establishing the European                 is to bear any costs resulting therefrom ;
Economic Community,
                                                                     Whereas provision should be made for security to be
Having regard to Council Regulation (EEC) No                         given to guarantee fulfilment of the obligation arising
2727/75 of 29 October 1975 on the common organiza­                   by virtue of participation in the invitation to tender ;
tion of the market in cereals ('), as last amended by
Regulation ( EEC) No 1547/79(2 ),                                    Whereas the Italian intervention agency should be
                                                                      made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and           Whereas the Commission must be informed quickly
in particular Article 6 thereof,                                     of the tenders submitted in response to the invitation
                                                                      and of those accepted by the intervention agency ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to               Whereas the measures provided for in this Regulation
be applied for the purposes of the common agricul­                    are in accordance with the opinion of the Manage­
tural policy (4), as last amended by Regulation (EEC)                 ment Committee for Cereals,
No 2543/73 (5), and in particular Article 3 thereof,
Having regard to the opinion of the Monetary
Committee ,
                                                                      HAS ADOPTED THIS REGULATION :
Whereas on 8 May 1979, the Council of the European
Communities declared that it proposed, by way of
Community action , to grant 4 500 tonnes of durum                                             Article 1
wheat to the Republic of Peru under its 1978/79 food­
aid programme ;
                                                                      1 . Tenders are hereby invited for the supply, by
Whereas an analysis of the state of the cereals market                way of Community food-aid action to the Republic of
with reference to cereals intervention in Italy, indi­                Peru, of 4 500 tonnes of durum wheat.
cates that the criteria of Article 3 (2) of Council Regu­
lation (EEC) No 2750/75 should be applied and that                    2. The tendering procedure shall take place in Italy
the intervention agency of the Member State as speci­                 in one lot. The product shall be loaded for departure
fied should mobilize the cereals from those stocked in
                                                                      from any Community port.
its own stores and should also determine the condi­
tions of mobilization ;
                                                                      3 . The produce shall be taken from the interven­
                                                                      tion agency of the Republic of Italy from the stores
Whereas tenders should be invited for the supply of                   specified in the Annex.
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 ;                                 4. The product referred to in paragraph 1 is to be
                                                                      delivered in new jute sacks of a net capacity of 50 kilo­
Whereas     the    contract should          be  awarded   to the      grams to the port of shipment in the vicinity of the
tenderer offering the best terms ;                                    vessel . The goods must be set down at the place nomi­
                                                                      nated by the recipient country or its agent, the timing
(!)  OJ No  L 281 , 1 . 11 . 1975 , p. 1 .                            of delivery being settled by the tenderer and the recip­
(2)  OJ No L 188 , 26 . 7 . 1979 , p. 1 .                             ient country's agent.
P)   OJ No L 281 , 1 . 11 . 197.5 , p. 89 .
(4)  OJ No  106 , 30 . 10 . 1962, p . 2553/ 62.
(5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .                             Minimum weight of the sacks shall be 600 grams .
 ---pagebreak---  12. 1 . 80                         Official Journal of the European Communities                             No L 8 /7
The following shall be printed on the sacks :                                           Article 6
Trigo / Donación de la Comunidad economica                     The product referred to in Article 1 must be of fair
europea al Peru'.                                              and sound merchantable quality, be free from odour,
                                                               and correspond at least to the quality standard laid
To allow for the possibility of re-bagging, the                down in Commission Regulation (EEC) No 1569/77
successful tenderer shall supply 2 % of new empty              of 1 1 July 1977, as amended by Regulations (EEC) No
sacks of the same quality as those containing the              1600/78 of 7 July 1978 and (EEC) No 3017/78 of 21
goods but with the printing followed by a capital              December 1978 .
 letter 'R \
                                                                                        Article 7
                         Article 2
                                                               1 . The Italian intervention agency shall be respon­
 1 . The decision on tenders received in response to
                                                              sible for the operations relating to the invitation to
the invitation provided for in Article 1 shall be taken       tender provided for by this Regulation .
on 25 January 1980 .
                                                               2.     It shall forthwith communicate to the Commis­
2.     The closing date for the receipt of tenders shall
                                                              sion the list of firms which have responded to the invi­
be 25 January 1980 at 12 noon .
                                                              tation to tender, specifying the terms of each tender,
                                                              together with the name and business name of the
3.     The   notice of invitation to tender shall be          successful tenderer.
published in the Official Journal of the European
 Communities not less than nine days before the
                                                              3.      On the other hand, if the successful tenderer is
closing date for submission of tenders.                       established in a Member State other than the one
                                                              collecting the tenders, and if the product is dispatched
                         Article 3
                                                              through a frontier post of the Member State where the
                                                              successful tenderer is established, the Italian interven­
                                                              tion agency shall be responsible for the operations
The contract shall be awarded to the tenderer who
                                                              relating to the tendering.
makes the most favourable offer.
                                                              4. 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 may cancel the invitation to tender.
                                                              (a) after each shipment a certificate showing the quan­
                                                                   tities dispatched and the quality of the products ;
                         Article 4
                                                              (b) the date of departure of the vessels.
If the tenderer is unable to deliver the goods in             The information indicated above shall be forwarded
compliance with Article 1 (4) on the date given in the
notice of invitation to tender as a result of the late        by the intervention agency to the Commission imme­
                                                              diately upon receipt.
availability of the vessels to be used for sea transporta­
tion, the resulting costs shall be borne by the interven­
tion agency.
                                                                                        Article 8
                         Article 5                            On delivery of the goods at the port of shipment, a
                                                              handing-over certificate shall be supplied to the
1 . The successful tenderer shall give security of a          successful tenderer, acting as agent for the Commu­
value of 6 ECU per tonne of the product ; the security        nity, by the agent of the recipient country or, in the
is intended to guarantee that the operations specified        absence of the latter, by the intervention agency of the
in Article 1 are duly completed. The security shall be        Member State in whose territory the port of shipment
                                                              is situated .
forfeited if those operations are not carried out within
the prescribed time limit, save as regards quantities
not delivered owing to force majeure.
                                                                                        Article 9
2. The security required under paragraph 1 may be
provided in the form of a cash deposit or of a                This Regulation shall enter into force on the day of its
guarantee issued by a credit institution conforming to        publication in the Official Journal of the European
criteria laid down by each Member State.                      Communities.
 ---pagebreak--- No L 8 / 8                              Official Journal of the European Communities                        12. 1 . 80
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 11 January 1980 .
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                               Vice-President
                                                               ANNEX
   Number of lot         Port of shipment            Tonnage fob              Address of store   Town at which stored
        1              Community port                  2 870         Fedit                     Fangariù
                                                         210         CAP — Cagliari            Cagliari silo
                                                          155        CAI — Roma                Bivio Fregene
                                                         223         CAI — Roma                Isola sacra
                                                         578          CAI — Roma               Pomezia
                                                         464          CAI — Roma               Bracciano
                                                       4 500