31980R1187

13 . 5 . 80 No L 120/ 17 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1187 /80 of 12 May 1980 opening an invitation to tender for the mobilization of common wheat flour as food aid for Somalia

THE COMMISSION OF THE EUROPEAN should be taken of the effect on each tender of the COMMUNITIES , currency situation in the Member State in which the customs export formalities will be completed ; Having regard to the Treaty establishing the European Economic Community, Whereas the contract should be awarded to the tenderer who makes the best offer ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas it must be made clear who is to bear any tion of the market in cereals ('), as last amended by costs which arise in the event that for reasons of force Regulation (EEC) No 1 547/79 (2), majeure the operation in question is not completed within the time stipulated ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas provision should be made for security to be tions for the mobilization of cereals as food aid (3), and given to guarantee fulfilment of obligations arising by in particular Article 6 thereof, virtue of participation in the invitation to tender for the supply of goods to Somalia ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas the French intervention agency should be be applied for the purposes of the common agricul­ made responsible for the tendering procedure in ques­ tural policy (4), as last amended by Regulation (EEC) tion ; No 2543/ 73 (5), and in particular Article 3 thereof,

Whereas it is important that the Commission be Having regard to the opinion of the Monetary informed without delay of the tenders submitted in Committee, response to the invitation and of those accepted by the intervention agency ; Whereas on 8 May 1979 the Council of the European Communities declared that by way of Community Whereas the measures provided for in this Regulation action it proposed to grant to Somalia the equivalent are in accordance with the opinion of the Manage­ of 4 794 tonnes of common wheat, in the form of ment Committeee for Cereals, flour, i.e. 3 175 tonnes of common wheat flour, under its 1978 /79 food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased HAS ADOPTED THIS REGULATION : anywhere on the Community market ;

Whereas the proposed invitation to tender should be Article 1 for supply of the products on the quay or in the lighter where applicable at the port of unloading ; 1 . An invitation to tender shall be issued in respect of the supply of 3 175 tonnes of common wheat flour Whereas tenders may be submitted by tenderers esta­ to Somalia by way of Community food-aid action . blished in any Member State of the Community and may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 2. The tendering producer shall take place in situation in the Member States and in order to ensure France in one lot . that the tenders are as comparable as possible , account

3 . The goods shall be mobilized on the Commu­ (') OJ No L 281 , 1 . 11 . 1975 , p. 1 . (2 ) OJ No L 188 , 26 . 7 . 1979 , p. 1 . nity market . 3 ) OJ No L 281 , 1 . 11 . 1 975 , p. 89 . (<) OJ No 106, 30 . 10 . 1962, p . 2.553 / 62 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 . 4. Shipment shall be from a Community port.

No L 120/ 18 Official Journal of the European Communities 13 . 5 . 80

5. The invitation to tender provided for in para­ 2*25 % , a conversion rate resulting from their graph 1 is for supply of products on the quay or in central rate, the lighter where applicable, in the port of Moga­ — in the other cases, the average of the spot rates of discio . the currencies concerned recorded in the Member State in which the invitation to tender is issued 6 . The successful tenderer shall deliver the during a period from the Wednesday of one week products in new cotton sacks of a net capacity of 50 to the Tuesday of the following week being the kilograms. period immediately preceding the closing date for submission of tenders . The minimum weight of the sacks shall be 180 grams.

7. The following shall be printed on the sacks : Article 4 'Wheat flour / Gift of the European Economic Community to Somalia / For free distribution .' The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ To allow for the possibility of re-bagging, the ment referred to in Article 3 (3). successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the However, if the tenders submitted do not appear to goods but with the printing followed by a capital reflect normal market prices and costs, the interven­ letter ' R'. tion agency may cancel the invitation to tender.

Article 2 Article 5 1 . The award of the contract shall take place on 23 1 . The tenderer shall give security in an amount of May 1980 . 12 ECU per tonne of goods. 2. The closing date for submission of tenders shall It shall be released : be 23 May 1980 at 12 noon .

3 . The notice of invitation to tender shall be — in the case of all tenderers whose tenders are unsuccessful or are not accepted, published in the Official Journal of the European Communities not less than nine days before the — in the case of the successful tenderer, when the closing date for submission of tenders. operations concerned have been carried out within the prescribed time limit and on submission of Article 3 the original export licence duly granted and endorsed by the competent authorities of the 1 . The prices offered must be expressed in the Member State mentioned in the tender pursuant currency of the Member State in which the invitation to Article 3 ( 2), to tender was issued . — in the case of the successful tenderer, for quanti­ ties not supplied by reason of force majeure. 2. Tenders must in particular mention the Member State in which the tenderer in the event of his being 2. The security required under paragraph 1 may be declared successful, expects to complete the customs provided in the form of a cash deposit or of a export formalities for the products concerned . guarantee issued by a credit institution conforming to criteria laid down by each Member State . 3 . For the purpose of rendering the tenders compar­ able, the prices shall be corrected by the monetary compensatory amount applicable on the closing date Article 6 for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph 1 . The goods referred to in Article 1 which are to 2 . Such correction shall be made by : be supplied to Somalia must meet the following requirements : — increasing prices which mention a Member State whose currency has depreciated, common wheat flour : — reducing prices which mention a Member State — moisture content : 15% maximum , whose currency has been revalued . — acidity : 4 ml NaOH /n maximum per 100 g (calcu­ The monetary compensatory amount shall , where lated in the dry matter), appropriate, be converted into the currency of the — ash content : 0-52 % maximum on the dry matter. Member State in which the invitation to tender is issued using : If the goods referred to in Article 1 do not meet the — in the case when the currencies concerned are foregoing requirements they shall be rejected and the successful tenderer shall be owner thereof . kept at any given moment within a band of

13 . 5 . 80 Official Journal of the European Communities No L 120 / 19

2. Tenders for supply to Somalia of the goods average of the spot rates referred to in the second referred to in Article 1 must relate to products with subparagraph of Article 3 (3) to the tenderer in the the following characteristics : currency of the Member State in which the operations relating to the tendering are completed. common wheat flour : — moisture content : 15% maximum , 4. The intervention agency shall ask that the tenderer specifies the following information : — acidity : 4 ml NaOH/ n maximum per 100 g (calcu­ lated on the dry matter), (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products — ash content : 0-52 % maximum on the dry matter. and their packaging ; Article 7 (b) the date of the departure of the ship ; the expected date of arrival of the products at their destination ; 1 . The French intervention agency shall be respon­ (c) all possible contingencies which might occur sible for organizing the invitation to tender provided during transportation of the products. for by this Regulation . The intervention agency shall transmit the informa­ 2 . It shall forthwith communicate to the Commis­ tion provided for to the Commission as soon as it is sion the list of firms which have responded to the invi­ received . tation to tender, specifying the terms of each tender 5. When the agency responsible for the operations together with the name and business name of the successful tenderer. relating to tendering is not the intervention agency which appoints the successful tenderer, it shall send as 3. Where the customs export formalities for the soon as possible to the latter the information neces­ mobilized products are completed in a Member State sary for releasing the security. other than that in which the invitation to tender is issued, the intervention agency of the latter Member Article 8 State shall be responsible for the operations following As regard this tender the intervention agency is autho­ tendering, including payment to the successful rized to make an initial payment of 80 % of the value tenderer. of the quantity given in the bill of lading, on presenta­ In such case, the intervention agency choosing the tion of that document and subject to the taking of a successful tenderer shall immediately inform the inter­ security for an amount equal to the initial payment. vention agency of the Member State concerned and shall supply it with all the information which it may Article 9 require. This Regulation shall enter into force on the day of its Furthermore, the amount of the successful tender publication in the Official Journal of the European Communities. shall be paid after it has been converted using the

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