CELEX: 31980R1824
Language: en
Date: 1980-07-11 00:00:00
Title: Commission Regulation (EEC) No 1824/80 of 11 July 1980 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Benin

12. 7. 80                                 Official Journal of the European Communities                         No L 178/5
                                    COMMISSION REGULATION (EEC) No 1824/80
                                                          of 11 July 1980
              opening an invitation to tender for the mobilization of common wheat as food
                                                  aid for the Republic of Benin
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,
Having regard to Council Regulation (EEC) No                        Whereas provisions should be made for security to be
2727/75 of 29 October 1975 on the common organiza­                  given for the purpose of guaranteeing that the obliga­
tion of the market in cereals ('), a? last amended by               tions arising by virtue of participation in the invita­
Regulation (EEC) No 1 547/79 (2),                                   tion to tender will be fulfilled ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                   Whereas the Belgian intervention agency should be
tions for the mobilization of cereals as food aid (3), and           made responsible for the tendering procedure in ques­
                                                                    tion ;
in particular Article 6 thereof,
Having regard to Council Regulation No 129 on the                   Whereas the Commission must be informed quickly
value of the unit of account and the exchange rates to               of the tenders submitted in response to the invitation
be applied for the purposes of the common agricul­                  and of those accepted by the intervention agency ;
tural policy (4), as last amended by Regulation (EEC)
No 2543/73 (5), and in particular Article 3 thereof,
                                                                    Whereas the measures provided for in this Regulation
Having regard to the opinion of the Monetary                         are in accordance with the opinion of the Mangement
Committee,                                                           Committee for Cereals,
Whereas on 28 May 1980 the Council of the Euro­
pean Communities declared that by way of Commu­
nity action it proposed to grant Benin 5 000 tonnes of
common       wheat       under      its     1979/80    food-aid      HAS ADOPTED THIS REGULATION :
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­                                          Article 1
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                     1 . Tenders are hereby invited for the supply, by
Whereas tenders should be invited for the supply of                 way of Community food-aid action to Benin, of 5 000
the product to the port of shipment in the vicinity of               tonnes of common wheat.
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;                                2. The tendering        procedure shall take place in
Whereas tenders may be submitted by tenderers esta­                  Belgium in one lot.    The product shall be mobilized
blished in any Member State of the Community and                     on the Community         market. The product shall be
may relate to products mobilized anywhere within                     loaded for departure    from any Community port.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure                3 . The product referred to in paragraph 1 is to be
that the tenders are as comparable as possible, account              delivered in bulk to the port of shipment in the
should be taken of the effect on each tender of the                  vicinity of the vessel. The goods must be set down at
currency situation in the Member State in which the                  the place nominated by the recipient country or its
customs export formalities will be completed ;                       agent, the timing of delivery being settled by the
Whereas the award under the invitation to tender
                                                                     tenderer and the recipient body's agent.
must be made in favour of the tenderer offering the
best terms :
                                                                                              Article 2
(>) OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ  No  L 188 , 26 . 7. 1979, p. 1 .                              1 . The decision on tenders received in response to
(J) OJ  No  L 281 , 1 . 11 . 1975, p. 89 .
(«) OJ  No  106, 30. 10. 1962, p. 2553/62.                           the invitation provided for in Article 1 shall be taken
(5) OJ  No  L 263 , 19 . 9 . 1973, p. 1 .                            on 25 July 1980.
 ---pagebreak---  No L 178 /6                        Official Journal of the European Communities                            12. 7. 80
2.     The closing date for submission of tenders shall       of invitation to tender as a result of the late availa­
be 25 July 1980 at 12 noon.                                   bility of the vessels to be used for sea transportation,
                                                              the resulting costs shall be borne by the intervention
3.     The   notice of invitation    to tender shall be
                                                              agency.
published in the Official Journal of the European
 Communities not less than nine days before the
closing date for submission of tenders.                                                Article 6
                                                               1 . The tenderer shall give security in an amount of
                        Article 3                             6 ECU per tonne of goods.
 1 . The prices offered must be expressed in the              It shall be released :
currency of the Member State in which the invitation
to tender was issued .                                        — in the case of all tenderers whose tenders are
                                                                   unsuccessful or are not accepted,
2. Tenders must in particular mention the Member              — in the case of the successful tenderer, when the
State in which the tenderer, in the event of his being             operations concerned have been carried out within
declared successful, expects to complete the customs               the prescribed time limit and on submission of
export formalities for the products concerned.                     the original export licence duly granted and
3. For the purpose of rendering the tenders compar­                endorsed by the competent authorities of the
able, the prices shall be corrected by the monetary                Member State mentioned in the tender pursuant
compensatory amount applicable on the closing date                 to Article 3 (2),
for submission of tenders to exports from the Member          — in the case of the successful tenderer, for quanti­
State mentioned in the tender pursuant to paragraph                ties not supplied by reason of force majeure.
2. Such correction shall be made by :
                                                              2. The security required under paragraph 1 may be
— increasing prices which mention a Member State              provided in the form of a cash deposit or of a
     whose currency has depreciated,                          guarantee issued by a credit institution conforming to
— reducing prices which mention a Member State                criteria laid down by each Member State.
     whose currency has been revalued.
                                                                                       Article 7
The monetary compensatory amount shall, where
appropriate, be converted into the currency of the            The common wheat referred to in Article 1 must be
Member State in which the invitation to tender is
issued using :                                                of fair and sound merchantable quality and corres­
                                                              pond at least to the standard quality for which the
— in the case when the currencies concerned are               reference price is fixed.
     kept at any given moment within a band of
     2-25 %, a conversion rate resulting from their
                                                                                       Article 8
     central rate,
— in other cases, the average of the spot rates of the        1 . The Belgian intervention agency shall be respon­
     currencies concerned recorded in the Member
                                                              sible for organizing the invitation to tender provided
     State in which the invitation to tender is issued        for by this Regulation.
     during a period from the Wednesday of one week
     to the Tuesday of the following week being the           2.     It shall forthwith communicate to the Commis­
     period immediately preceding the closing date for        sion the list of firms which have responded to the invi­
     submission of tenders.                                   tation to tender, specifying the terms of each tender,
                                                              together with the name and business name of the
                                                              successful tenderer.
                        Article 4
                                                              3. Where the customs export formalities for the
The contract shall be awarded to the tenderer offering        mobilized product are completed in a Member State
the best terms, taking into consideration the adjust­         other than that in which the invitation to tender is
ment referred to in Article 3 (3).
                                                              issued, the intervention agency of the latter Member
However, if the tenders submitted do not appear to            State shall be responsible for the operations following
reflect normal market prices and costs, the interven­         tendering, including payment to the successful
                                                              tenderer.
tion agency may cancel the invitation to tender.
                                                              In such case, the intervention agency choosing the
                        Article 5                             successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
If the tenderer is unable to deliver the good in compli­      shall supply it with all the information which it may
ance with Article 1 (3) on the date given in the notice       require.
 ---pagebreak--- 12. 7. 80                          Official Journal of the European Communities                           No L 178 /7
Furthermore, the amount of the successful tender              5. When the intervention agency responsible for
shall be paid after it has been converted using the          the operations relating to tendering is not the interven­
average of the spot rates referred to in the second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (3) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations          tion necessary for releasing the security.
relating to the tendering are completed.
                                                                                      Article 9
4. The intervention agency shall request the                  On delivery of the goods at the port of shipment, a
successful tenderer to supply the following informa­          handing-over certificate shall be supplied to the
tion :
                                                             successful tenderer, acting as agent for the Commu­
(a) after shipment, a certificate showing the quantities      nity, by the agent of the recipient country, or, in the
    dispatched and the quality of the products ;              absence of the latter, by the intervention agency of the
(b) the date of departure of the ships ;                      Member State in whose territory the port of shipment
                                                              is situated .
(c) all possible contingencies which might occur
    during transportation of the products.                                            Article 10
The information indicated above shall be forwarded            This Regulation shall enter into force on the day of its
by the intervention agency to the Commission imme­            publication in the Official Journal of the European
diately upon receipt.                                         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