31980R1928

19 . 7 . 80 No L 186/29 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1928/80

of 18 July 1980

opening an invitation to tender for the mobilization of maize as food aid for the United Nations High Commissioner for Refugees

THE COMMISSION OF THE EUROPEAN currency situation in the Member State in which the COMMUNITIES , customs export formalities will be completed ;

Having regard to the Treaty establishing the European Whereas the contract should be awarded to the Economic Community, tenderer who makes the best offer ;

Having regard to Council Regulation (EEC) No Whereas it must be made clear who is to bear any 2727/75 of 29 October 1975 on the common organiza­ costs which arise in the event that for reasons of force tion of the market in cereals (*), as last amended by majeure the operation in question is not completed Regulation (EEC) No 1 547/79 (2), within the time stipulated ;

Having regard to Council Regulation (EEC) No Whereas provision should be made for security to be 2750/75 of 29 October 1975 laying down the condi­ given to guarantee fulfilment of the obligations arising tions for the mobilization of cereals as food aid (3), and by virtue of participation in the invitation to tender ; in particular Article 6 thereof,

Whereas the French intervention agency should be Having regard to Council Regulation No 129 on the made responsible for the tendering procedure in ques­ value of the unit of account and the exchange rates to tion ; be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) Whereas it is important that the Commission be No 2543/73 (5), and in particular Article 3 thereof, informed without delay of the tenders submitted in response to the invitation and of those accepted by Having regard to the opinion of the Monetary the intervention agency ; Committee,

Whereas the measures provided for in this Regulation Whereas on 28 May 1980 the Council of the Euro­ are in accordance with the opinion of the Manage­ pean Communities declared that by way of Commu­ ment Committee for Cereals . nity action it proposed to grant the United Nations High Commissioner for Refugees 5 000 tonnes of maize under its 1979/80 food-aid programme ;

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

Article 1 Whereas the proposed invitation to tender should be for supply of the products delivered to Mogadishu, that is at the moment when the goods are actually 1 . Tenders are hereby invited for the supply, by way of Community food-aid action to the United placed on the quay or in the lighter where applicable ; Nations High Commissioner for Refugees of 5 000 tonnes of maize . Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and may relate to products mobilized anywhere within 2. The tendering procedure shall take place in those Member States ; whereas, in view of the currency France in one lot. The products shall be mobilized on situation in the Member States and in order to ensure the Community market. The products shall be loaded that the tenders are as comparable as possible, account for departure from a Community port. should be taken of the effect on each tender of the 3 . The invitation to tender provided for in para­ (•) OJ No L 281 , 1.11 . 1975 , p. 1 . graph 1 is for supply of products delivered to Moga­ \2) OJ No L 188, 26. 7. 1979, p. 1 . dishu, that is at the moment when the goods are actu­ (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (<) OJ No 106, 30 . 10 . 1962, p. 2553 /62. ally placed on the quay or in the lighter where appli­ (>) OJ No L 263 , 19 . 9 . 1973 , p. 1 . cable .

No L 186/30 19 . 7 . 80 Official Journal of the European Communities

4. The successful tenderer shall deliver the product during a period from the Wednesday of one week specified in paragraph 1 in new jute sacks of a net to the Tuesday of the following week being the capacity of 50 kilograms. period immediately preceding the closing date for submission of tenders . Minimum weight of the sacks shall be 600 grams. The following shall be printed on the sacks : Article 4 'Maize / Gift of the European Economic Community The contract shall be awarded to the tenderer offering to the United Nations High Commissioner for Refu­ the best terms, taking into consideration the adjust­ gees / Somalia programme '. ment referred to in Article 3 (3). To allow for the possibility of re-bagging, the However, if the tenders submitted do not appear to successful tenderer shall supply 2 % of new empty reflect normal market prices and costs, the interven­ sacks of the same quality as those containing the tion agency may cancel the invitation to tender. goods but with the printing followed by a capital letter ' R\ Article 5

Article 2 1 . The tenderer shall give security in an amount of 6 ECU per tonne of goods. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken It shall be released : on 1 August 1980 . — in the case of all tenderers whose tenders are 2. The closing date for submission of tenders shall unsuccessful or are not accepted, be 1 August 1980 af 12 noon . — in the case of the successful tenderer, when the operations concerned have been carried out within 3 . The notice of invitation to tender shall be the prescribed time limit and on submission of published in the Official Journal of the European the original export licence duly granted and Communities not less than nine days before the endorsed by the competent authorities of the closing date for submission of tenders. Member State mentioned in the tender pursuant to Article 3 (2), Article 3 — in the case of the successful tenderer, for quanti­ ties not supplied by reason of force majeure. 1 . The prices offered must be expressed in the currency of the Member State in which the invitation 2. The security required under paragraph 1 may be to tender was issued . provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to 2. Tenders must in particular mention the Member criteria laid down by each Member State . State in which the tenderer, in the event of his being declared successful , expects to complete the customs Article 6 export formalities for the products concerned .

The maize referred to in Article 1 must be of fair and 3 . For the purpose of rendering the tenders compar­ able the prices shall be corrected by the monetary sound merchantable quality and correspond at least to compensatory amount applicable on the closing date the standard quality for which the intervention price is fixed . for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph 2. Such correction shall be made by : Article 7

— increasing prices which mention a Member State 1 . The French intervention agency shall be respon­ whose currency has depreciated, sible for organizing the invitation to tender provided — reducing prices which mention a Member State for by this Regulation . whose currency has been revalued . 2 . It shall forthwith communicate to the Commis­ The monetary compensatory amount shall , where sion the list of firms which have responded to the invi­ appropriate, be converted into the currency of the tation to tender, specifying the terms of each tender, Member State in which the invitation to tender is together with the name and business name of the successful tenderer . issued using :

— in the case when the currencies concerned are 3 . Where the customs export formalities for the kept at any given moment within a band of mobilized product are completed in a Member State 2-25 % , a conversion rate resulting from their other than that in which the invitation to tender is central rate , issued, the intervention agency of the latter Member — in the other cases, the average of the spot rates of State shall be responsible for the operations following the currencies concerned recorded in the Member tendering, including payment to the successful State in which the invitation to tender is issued tenderer .

19 . 7 . 80 Official Journal of the European Communities No L 186/31

In such case, the intervention agency choosing the The information indicated above shall be forwarded successful tenderer shall immediately inform the inter­ by the intervention agency to the Commission imme­ vention agency of the Member State concerned and diately upon receipt. shall supply it with all the information which it may require. 5. When the intervention agency responsible for the operations relating to tendering is not the interven­ Furthermore, the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid after it has been converted using the shall send as soon as possible to the latter the informa­ average of the spot rates referred to in the second tion necessary for releasing the security. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 8 relating to the tendering are completed.

4. The intervention agency shall request the As regards this tender the intervention agency is successful tenderer to supply the following informa­ authorized to make an initial payment of 80 % of the tion : value of the quantity given in the bill of lading, on presentation of that document and subject to the (a) after each shipment, a statement giving details of taking of a security for an amount equal to the initial the quantities loaded, the quality of the products payment. and the type of packing ;

(b) the date of the departure of the ships, the esti­ Article 9 mated date of arrival of the products at their desti­ nation ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European Communities. during transportation of the products.

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

Done at Brussels, 18 July 1980 .

For the Commission

Finn GUNDELACH

Vice-President