CELEX: 31980R1546
Language: en
Date: 1980-06-20 00:00:00
Title: Commission Regulation (EEC) No 1546/80 of 20 June 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the People' s Republic of Bangladesh

21 . 6. 80                                   Official Journal of the European Communities                        No L 153 / 11
                                     COMMISSION REGULATION (EEC) No 1546/80
                                                             of 20 June 1980
               opening an invitation to tender for the mobilization of common wheat as food
                                           aid for the People's Republic of Bangladesh
THE COMMISSION OF THE EUROPEAN                                          whereas provision should be made for security to be
COMMUNITIES,                                                           given to guarantee fulfilment of the obligations arising
                                                                       by virtue of participation in the invitation to tender ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                       Whereas the French intervention agency should be
Having regard to Council Regulation (EEC) No                           made responsible for the tendering procedure in ques­
2727/75 of 29 October 1975 on the common organiza­                     tion ;
tion of the market in cereals ('), as last amended by
Regulation (EEC) No 1 547/79 (2),                                      Whereas the Commission must be informed quickly
                                                                       of the tenders submitted in response to the invitation
Having regard to Council Regulation (EEC) No                           and of those accepted by the intervention agency ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and             Whereas the measures provided for in this Regulation
in particular Article 6 thereof,                                       are in accordance with the opinion of the Manage­
                                                                       ment Committee for Cereals,
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to
be applied for the purposes of the common agricul­
tural policy (4), as last amended by Regulation (EEC)                  HAS ADOPTED THIS REGULATION :
No 2543/73 (5), and in particular Article 3 thereof,
Having regard to the opinion of the Monetary
Committee ,                                                                                      Article 1
Whereas on 28 May 1980 the Council of the Euro­                         1 . Tenders are hereby invited for the supply by way
pean Communities declared that by way of Commu­                        of Community food-aid action to the People's
nity action it proposed to grant the People's Republic                 Republic of Bangladesh of 104 992 tonnes of
of Bangladesh 104 992 tonnes of common wheat                           common wheat.
under its 1979/80 food-aid programme ;
Whereas an analysis of the state of the cereals market                  2.    The tendering procedure shall take place in
with reference to cereals intervention in France indi­                  France in five lots .
cates that the criteria of Article 3 (2) of Council Regu­
lation (EEC) No 2750/75 should be applied and that                      3 . The produce shall be taken from the interven­
the intervention agency of the Member State as speci­                   tion agency of the French Republic from the stores
fied should mobilize the cereals from those stocked in                  specified in the Annex.
its own stores and should also determine the condi­
tions of mobilization ;                                                 4.    Shipment shall be from a Community port.
Whereas tenders should be invited for the supply of                     5. The product referred to in paragraph 1 is to be
the product to the port of shipment in the vicinity of                  delivered in bulk to the port of shipment in the
the vessel , the goods to be set down at the place nomi­                vicinity of the vessel . The goods must be set down at
 nated by the recipient or its agent ;                                  the place nominated by the recipient country or its
Whereas      the contract should              be  awarded   to  the     agent, the timing of delivery being settled by the
 tenderer offering the best terms ;
                                                                        tenderer and the recipient country's agent.
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question                                              Article 2
within the set time limits, it must be made clear who
 is to bear any costs resulting therefrom ;                              1 . The decision on tenders received in response to
                                                                        the invitation provided for in Article 1 shall be taken
(')  OJ No   L 281 , 1 . 11 . 1975, p . 1 .                             on 4 July 1980 .
(2)  OJ No   L 188 , 26. 7. 1979, p. 1 .
(})  OJ No   L 281 , 1 . 11 . 1975 , p . 89 .
(<)  OJ No   106, 30 . 10 . 1962, p . 2553 /62.                         2. The closing date for the receipt of tenders shall
(5 ) OJ No   L 263 , 19 . 9 . 1973 , p . 1 .                            be 4 July 1980 at 12 noon .
 ---pagebreak--- No L 153/ 12                        Official Journal of the European Communities                              21 . 6 . 80
3.     The notice of invitation to tender shall be                                     Article 7
published in the Official Journal of the European
Communities not less than nine days before the                 1.    The French intervention agency shall be respon­
closing date for submission of tenders.                       sible for operations relating to the invitation to tender
                                                              provided for by this Regulation.
                         Article 3                            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 who
                                                              tation to tender, specifying the terms of each tender,
makes the most favourable offer.
                                                              together with the name and business name of the
                                                              successful tenderer.
However, if the tenders submitted do not appear to
reflect normal market prices and costs, the interven­         3.     On the other hand, if the successful tenderer is
tion agency may cancel the invitation to tender.              established in a Member State other than the one
                                                              collecting the tenders, and if the product is dispatched
                         Article 4                            through a frontier post of the Member State where the
                                                              successful tenderer is established, the French interven­
If the tenderer is unable to deliver the goods in             tion agency shall be responsible for the operation
compliance with Article 1 (5) on the date given in the        relating to the tendering.
notice of invitation to tender as a result of the late
availability of the vessels to be used for sea transporta­    4. The intervention agency shall request the
tion, the resulting costs shall be borne by the interven­     successful tenderer to supply the following informa­
tion agency.                                                  tion :
                                                              (a) after each shipment a certificate showing the quan­
                         Article 5                                tities dispatched and the quality of the products ;
1 . The tenderer shall give security of a value of 6          (b) the date of departure of the vessels.
ECU per tonne of the product ; the security is                The information indicated above shall be forwarded
intended to guarantee that the operations specified in        by the intervention agency to the Commission imme­
Article 1 are duly completed. The security shall be           diately upon receipt.
forfeited if those operations are not carried out within
the prescribed time limit, save as regards quantities                                  Article 8
not delivered owing to force majeure.
                                                              On delivery of the goods at the port of shipment, a
2. The security required under paragraph 1 may be             handing-over certificate shall be supplied to the
provided in the form of a cash deposit or of a                successful tenderer, acting as agent for the Commu­
guarantee issued by a credit institution conforming to        nity, by the agent of the recipient country or, in the
criteria laid down by each Member State.                      absence of the latter, by the intervention agency of the
                                                              Member State in whose territory the port of shipment
                         Article 6                            is situated .
The common wheat referred to in Article 1 must be
                                                                                       Article 9
of fair and sound merchantable quality and corres­
pond at least to the standard quality for which the           This Regulation shall enter into force on the day of its
reference price is fixed, except that the moisture            publication in the Official Journal of the European
content shall not exceed 15% .                                Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 20 June 1980 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President
 ---pagebreak--- 21 . 6. 80                                Official Journal of the European Communities                                    No L 153/ 13
                             ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
     Numéro du lot    Port d'embarquement      Tonnage à mettre en fob          Nom et adresse du stockeur         Lieu de stockage
  Nummer der Lose      Verschiffungshafen   Nach fob zu bringende Menge     Name und Adresse des Lagerhalters    Ort der Lagerhaltung
 Numero della partita    Porto d'imbarco    Tonnellaggio da mettere in fob    Nome e indirizzo del detentore   Luogo di accantonamento
 Nummer van de partij  Haven van inlading   Fob aan te leveren hoeveelheid Naam en adres van de entrepothouder Adres van de opslagplaats
    Partiets nummer     Indskibningshavn        Mængde til levering fob      Lagerindehaverens navn og adresse        Lagerplads
     Number of lot      Port of shipment             Tonnage fob                      Address of store          Town at which stored
                                                      104 992 t
                      Port de la                          dont :
                      Communauté                        davon :
                      Hafen der                         di cui :
                      Gemeinschaft                    waarvan :
                                                         deraf :
                      Porto della
                                                      whereof :
                      Comunità
             1        Comunity                         20 000 t            Sonastock                           Nantes
                      Port                                                 Nantes
             2        Fælleskabshavne                  10 000 t            Magasins ruraux de l'Ouest          Saint-Pierre-des-Corps
                                                                           Saint-Pierre-des-Corps
             3        Haven van de                      5 700 t            Codep                               Saint-Ouen-l'Aumône
                      Gemeenschap                                          Saint-Pierre-des-Corps
             4                                         59 300 t            Codep                               Saint-Ouen-1'Aumône
                                                                           Saint-Ouen -l'Aumône
             5                                          9 992 t            Cornet et fils
                                                                           28410 Orgères-en-Beauce             Saint-Nazaire