26. 7. 80 Official Journal of the European Communities No L 192/11 COMMISSION REGULATION (EEC) No 1974/80 of 22 July 1980 laying down general implementing rules in respect of certain food-aid opera- tions involving cereals and rice THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza- tion of the market in cereals (), as last amended by Regulation (EEC) No 1547/79(%), and in particular Article 28 thereof, Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organiza- tion of the market in rice (), as last amended by Regu- lation (EEC) No 113/80(*), and in particular Article 25 thereof, Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 fixing criteria for the mobilization of cereals intended as food aid (°), and in particular Article 6 thereof, 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 (¢), as last amended by Regulation (EEC) No 2543/73(’), and in particular Article 3 thereof, Having regard to the opinion of the Monetary Committee, Whereas Regulation (EEC) No 2750/75 laid down the criteria according to which products intended as Community food aid must be mobilized either from the stocks of an intervention agency, on the market of a specific Community region or, lastly, on the Community market as a whole ; whereas Article 6 of that Regulation provides that for a Community opera- tion the Commission must determine the conditions governg mobilization in accordance with the proce- dure laid down in Article 26 of Regulation (EEC) No 2727/75 or, where appropriate, Article 27 of Regula- tion (EEC) No 1418/76; Whereas it has been found advisable, in the light of experience gained in operating food-aid programmes, to bring the general rules for the implementation of food aid programmes more into line with interna- tional practice as regards supply at the fob and cif (') OJ No L 281, 1. 11. 1975, p. 1. () OJ No L 188, 26. 7. 1979, p. 1. () OJ No L 166, 25. 6. 1976, p. 1. () O] No L 16, 22. 1. 1980, p. 1. - () OJ No L 281, 1. 11. 1975, p. 89. (¥) O] No 106, 30. 12. 1962, p. 2553/62. () O] No L 263, 19.9. 1973, p. 1. stages and with the rules for interpreting commercial terms contained in ‘Incoterms 1953’. Whereas the general rules set out in Article 4 of Regu- lation (EEC) No 2750/75 provide that operations are to be carried out by inviting tenders in order to determine the supply costs and,” where appropriate the purchase price of the cereals; Whereas, however, Article 7 (3) of Regulation (EEC) No 2750/75 in respect of urgent Community action, and Article 1 of Regulation (EEC) No 696/76 (%) in respect of exceptional cases, provide that a procedure other than tendering may be used in order to expedite supply of the products; whereas under such circum- stances the direct award pracedure may be employed ; Whereas, therefore, the rules laid down in this Regula- tion must be applied to cereals and rice which are to be mobilized in accordance with the criteria fixed by Regulation (EEC) No 2750/75, by employing the tendering procedure or the direct award procedure, and which are to be delivered at the fob or cif stages, without prejudice to any specific provisions which may be adopted by the Commission ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage- ment Committee for Cereals, HAS ADOPTED THIS REGULATION : TITLE 1 General provisions Article 1 Where, pursuant to Article 6 of Regulation (EEC) No 2750/75, it is decided to undertake a Community operation for the purpose of supplying cereals, rice or products falling within those sectors as food aid, the general implementing rules laid down in this Regula- tion shall apply without prejudice to special provi- sions adopted, where appropriate, in specific cases. The general rules laid down in this Regulation shall apply to operations to be carried out either at the fob stage or at the cif stage. (% OJ No L 83, 30. 3. 1976, p. 8.