31980R1930

19 . 7 . 80 Official Journal of the European Communities No L 186/35

COMMISSION REGULATION (EEC) No 1930/80 of 18 July 1980 opening an invitation to tender for the mobilization of durum wheat as food aid for the Republic of Somalia

THE COMMISSION OF THE EUROPEAN Whereas the contract should be awarded to the COMMUNITIES, tenderer offering the best terms ;

Having regard to the Treaty establishing the European Whereas in case it should be impossible for reasons of Economic Community, force majeure to complete the operation in question within the set time limits, it must be made clear who Having regard to Council Regulation (EEC) No is to bear any costs resulting therefrom ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( 1), as last amended by Whereas provision should be made for security to be Regulation (EEC) No 1 547/79 (2), given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3 ), and Whereas the Italian intervention agency should be in particular Article 6 thereof, made responsible for the tendering procedure ;

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 are in accordance with the opinion of the Manage­ Having regard to the opinion of the Monetary ment Committee for Cereals, Committee,

Whereas on 28 May 1980 the Council of the Euro­ pean Communities declared that it proposed, by way of Community action, to grant 3 000 tonnes of durum HAS ADOPTED THIS REGULATION : wheat to Somalia under its 1979/80 food-aid 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 the proposed invitation to tender should be way of Community food-aid action to Somalia of 3 000 tonnes of durum wheat . for supply of the products on the quay or in the lighter where applicable at the port of unloading ; 2. The tendering procedure shall take place in Italy Whereas tenders may be submitted by tenderers esta­ in two lots. The product shall be mobilized on the blished in any Member State of the Community and Community market. The product shall be loaded for may relate to products mobilized anywhere within 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 invitation to tender provided for in para­ that the tenders are as comparable as possible, account should be taken of the effect on each tender of the graph 1 is for supply of products on the quay or in the lighter where applicable, in the port of Mogadishu currency situation in the Member State in which the (lot 1 : 2 000 tonnes) and Berbera (lot 2 : 1 000 customs export formalities will be completed ; tonnes). (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 188 , 26 . 7 . 1979 , p. 1 . 4. 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.

No L 186/ 36 Official Journal of the European Communities 19 . 7. 80

Minimum weight of the sacks shall be 600 grams. The Article 4 following shall be printed on the sacks : The contract shall be awarded to the tenderer offering 'Durum wheat / Gift of the European Economic the best terms, taking into consideration the adjust­ Community to Somalia'. 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 If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the notice of invitation to tender as a result of the late 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken availability of the vessels to be used for sea transporta­ on 1 August 1980 . tion, the resulting costs shall be borne by the interven­ tion agency. 2. The closing date for submission of tenders shall be 1 August 1980 at 12 noon . Article 6 3 . The notice of invitation to tender shall be 1 . The tenderer shall give security of a value of 6 published in the Official Journal of the European ECU per tonne of goods. Communities not less than nine days before the It shall be released : closing date for submission of tenders. — in the case of all tenderers whose tenders are Article 3 unsuccessful or are not accepted, — in the case of the successful tenderer, when the 1 . The prices offered must be expressed in the operations concerned have been carried out within currency of the Member State in which the invitation the prescribed time limit and on submission of to tender was issued . the original export licence duly granted and 2. Tenders must in particular mention the Member endorsed by the competent authorities of the State in which the tenderer, in the event of his being Member State mentioned in the tender pursuant declared successful , expects to complete the customs to Article 3 (2), export formalities for the products concerned . — in the case of the successful tenderer for quantities not supplied by reason of force majeure. 3 . For the purpose of rendering the tenders compar­ able, the prices shall be corrected by the monetary 2. The security required under paragraph 1 may be compensatory amount applicable on the closing date provided in the form of a cash deposit or of a for submission of tenders to exports from the Member guarantee issued by a credit institution conforming to State mentioned in the tender pursuant to paragraph criteria laid down by each Member State . 2. Such correction shall be made by : Article 7 — increasing prices which mention a Member State whose currency has depreciated, The product referred to in Article 1 must be of fair — reducing prices which mention a Member State and sound merchantable quality, be free from odour, whose currency has been revalued . and correspond at least to the standard quality for which the intervention price is fixed . The monetary compensatory amount shall, where appropriate, be converted into the currency of the Article 8 Member State in which the invitation to tender is issued using : 1 . The Italian intervention agency shall be respon­ — in the case when the currencies concerned are sible for the operations relating to the invitation to kept at any given moment within a band of tender provided for by this Regulation . 2-25 % , a conversion rate resulting from their 2 . It shall forthwith communicate to the Commis­ central rate, sion the list of firms which have responded to the invi­ — in the other cases, the average of the spot rates of tation to tender, specifying the terms of each tender, the currencies concerned recorded in the Member together with the name and business name of the State in which the invitation to tender is issued successful tenderer . during a period from the Wednesday of one week to the Tuesday of the following week being the 3 . Where the customs export formalities for the period immediately preceding the closing date for mobilized product are completed in a Member State submission of tenders . other than that in which the invitation to tender is

19 . 7 . 80 No L 186/37 Official Journal of the European Communities

issued, the intervention agency of the latter Member (c) all possible contingencies which might occur State shall be responsible for the operations following during transportation of the products. tendering, including payment to the successful tenderer . The information indicated above shall be forwarded by the intervention agency to the Commission imme­ In this case, the intervention agency choosing the diately upon receipt. successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and 5. When the intervention agency responsible for shall supply it with all the information which it may the operations relating to tendering is not the interven­ require. tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ Furthermore, the amount of the successful tender tion necessary for releasing the security. shall be paid after it has been converted using the average of the spot rates referred to in the second Article 9 subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations As regard this tender, the intervention agency is autho­ relating to the tendering are completed . rized to make an initial payment of 80 % of the value 4. The intervention agency shall request the of the quantity given in the bill of lading, on presenta­ successful tenderer to supply the following informa­ tion of that document and subject to the taking of a tion : security for an amount equal to the initial payment. (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products Article 10 and the type of packaging ; (b) the date of the departure of the ships ; the esti­ This Regulation shall enter into force on the day of its mated date of arrival of the products at their desti­ publication in the Official Journal of the European nation ; Communities.

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