31980R1186

No L 120/ 14 13 . 5 . 80 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1186/80 of 12 May 1980 opening an invitation to tender for the mobilization of common wheat as food aid for Somalia

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 ('), as last amended by tions arising by virtue of participation in the invita­ Regulation (EEC) No 1547/79 (2), tion to tender will be fulfilled ;

Having regard to Council Regulation (EEC) No Whereas the French intervention agency should be 2750/75 of 29 October 1975 laying down the condi­ made responsible for the tendering procedure in ques­ tions for the mobilization of cereals as food aid (3), and 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 Manage­ Committee, ment Committee for Cereals,

Whereas on 8 May 1979 the Council of the European Communities declared that by way of Community action it proposed to grant to Somalia 2 000 tonnes of common wheat under its 1978 /79 food-aid HAS ADOPTED THIS REGULATION : programme ; Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased Article 1 anywhere on the Community market ; 1 . Tenders are hereby invited for the supply, by Whereas the proposed invitation to tender should be way of Community food-aid action, to Somalia of for supply of the products on the quay or in the 2 000 tonnes of common wheat. lighter where applicable at the port of unloading ;

Whereas tenders may be submitted by tenderers esta­ 2. The tendering producer shall take place in blished in any Member State of the Community and France in one lot. may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 3 . The goods shall be mobilized on the Commu­ nity market. that the tenders are as comparable as possible, account should be taken of the effect on each tender of the currency situation in the Member State in which the 4. Shipment shall be from a Community port. customs export formalities will be completed ; Whereas the award under the invitation to tender 5. The invitation to tender provided for in para­ must be made in favour of the tenderer offering the graph 1 is for supply of products on the quay or in best terms ; the lighter where applicable, in the port of Moga­ discio . (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 188 , 26. 7 . 1979 , p. 1 . 6 . The successful tenderer shall deliver the product (3) OJ No L 281 , 1 . 11 . 1975, p. 89. specified in paragraph 1 in new jute sacks of a net (<) OJ No 106, 30. 10 . 1962, p. 2553/62. (5 ) OJ No L 263 , 19 . 9 . 1973, p. 1 . capacity of 50 kilograms.

13 . 5 . 80 No L 120/ 15 Official Journal of the European Communities

Minimum weight of the sacks shall be 600 grams. The State in which the invitation to tender is issued following shall be printed on the sacks : during a period from the Wednesday of one week to the Tuesday of the following week being the 'Wheat / Gift of the European Economic Community period immediately preceding the closing date for to Somalia / For free distribution .' submission of tenders .

To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty Article 4 sacks, of the same quality as those containing the goods but with the printing followed by a capital The contract shall be awarded to the tenderer offering letter *R\ the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3).

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 tjo tender. the invitation provided for in Article 1 shall be taken on 23 May 1980 . Article 5 2. The closing date for submission of tenders shall be 23 May 1980 at 12 noon . If the tenderer is unable to deliver the goods in compliance with Article 1 (5) 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.

Article3¶

1 . The prices offered must be expressed in the 1 . The tenderer shall give security in an amount of currency of the Member State in which the invitation 6 ECU per tonne of goods. to tender was issued . It shall be released : 2. Tenders must in particular mention the Member — in the case of all tenderers whose tenders are State in which the tenderer, in the event of his being unsuccessful or are not accepted, declared successful, expects to complete the customs export formalities for the products concerned. — in the case of the successful tenderer, when the operations concerned have been carried out within 3 . For the purpose of rendering the tenders compar­ the prescribed time limit and on submission of able, the prices shall be corrected by the monetary the original export licence duly granted and compensatory amount applicable on the closing date endorsed by the competent authorities of the for submission of tenders to exports from the Member Member State mentioned in the tender pursuant State mentioned in the tender pursuant to paragraph to Article 3 (2), 2. Such correction shall be made by : — in the case of the successful tenderer, for quanti­ ties not supplied by reason of force majeure. — increasing prices which mention a Member State whose currency has depreciated, 2. The security required under paragraph 1 may be — reducing prices which mention a Member State provided in the form of a cash deposit or of a whose currency has been revalued. guarantee issued by a credit institution conforming to criteria laid down by each Member State. The monetary compensatory amount shall, where appropriate, be converted into the currency of the Member State in which the invitation to tender is Article 7 issued using : The common wheat referred to in Article 1 must be — in the case when the currencies concerned are of fair and sound merchantable quality and corres­ kept at any given moment within a band of pond at least to the standard quality for which the 2-25 % , a conversion rate resulting from their intervention price is fixed, except that the moisture central rate, content shall not exceed 15*5 % and that a maximum — in other cases, the average of the spot rates of the of 3 % of sprouted grains and 1-5 % of miscellaneous currencies concerned recorded in the Member impurities shall be allowed .

No L 120 / 16 Official Journal of the European Communities 13 . 5 . 80

Article 8 (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products 1 . The French intervention agency shall be respon­ and the type of packaging ; sible for organizing the invitation to tender provided for by this Regulation . (b) the date of the departure of the ships ; the esti­ mated date of arrival of the products at their desti­ 2 . It shall forthwith communicate to the Commis­ nation ; sion the list of firms which have responded to the invi­ (c) alt possible contingencies which might occur tation to tender, specifying the terms of each tender, during transportation of the products. together with the name and business name of the successful tenderer . The information indicated above shall be forwarded by the intervention agency to the Commission imme­ 3 . Where the customs export formalities for the diately upon receipt. mobilized product are completed in a Member State other than that in which the invitation to tender is 5. When the intervention agency responsible for issued, the intervention agency of the latter Member the operations relating to tendering is not the interven­ State shall be responsible for the operations following tion agency which appoints the successful tenderer, it tendering, including payment to the successful shall send as soon as possible to the latter the informa­ tenderer . tion necessary for releasing the security. In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 9 vention agency of the Member State concerned and shall supply it with all the information which it may As regards this tender, the intervention agency is auth­ require. orized to make an initial payment of 80 % of the Furthermore, the amount of the successful tender value of the quantity given in the bill of lading, on shall be paid after it has been converted using the presentation of that document and subject to the average of the spot rates referred to in the second taking of a security for an amount equal to the initial subparagraph of Article 3 (3) to the tenderer in the payment. currency of the Member State in which the operations Article 10 relating to the tendering are completed . 4. The intervention agency shall request the This Regulation shall enter into force on the day of its successful tenderer to supply the following informa­ publication in the Official Journal of the European tion : Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 12 May 1980 . For the Commission

Finn GUNDELACH

Vice-President