31980R1931

No L 186 / 38 Official Journal of the European Communities 19 . 7. 80

COMMISSION REGULATION ( EEC) No 1931 /80 of 18 July 1980 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Republic of 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 German 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 28 May 1980 the Council of the Euro­ pean Communities declared that by way of Commu­ Whereas the measures provided for in this Regulation nity action it proposed to grant to Somalia the equiva­ are in accordance with the opinion of the Manage­ lent of 12 000 tonnes of common wheat, in the form ment Committee for Cereals, of flour, i . e . 7 947 tonnes of common wheat flour, under its 1979 / 80 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 7 947 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 procedure shall take place in situation in the Member States and in order to ensure Germany in two lots. 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 . 1975, p. 89 . («) OJ No 106, 30. 10 . 1962, p . 2553/62. (5 ) OJ No L 263, 19 . 9 . 1973 , p. 1 . 4. Shipment shall be from a Community port.

19 . 7 . 80 No L 186 / 39 Official Journal of the European Communities

5 . The invitation to tender provided for in para­ — in the case when the currencies concerned are graph 1 is for supply of products on the quay or in kept at any given moment within a band of the lighter where applicable, in the port of Mogadishu 2-25 % , a conversion rate resulting from their (lot 1 : 6 947 tonnes) and Berbera ( lot 2 : 1 000 central rate , tonnes). — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member 6 . The successful tenderer shall deliver the State in which the invitation to tender is issued products in new cotton sacks of a net capacity of 50 during a period from the Wednesday of one week kilograms . to the Tuesday of the following week being the period immediately preceding the closing date for The minimum weight of the sacks shall be 180 grams. submission of tenders . 7 . The following shall be printed on the sacks : Article 4 'Wheat flour / Gift of the European Economic Community to Somalia .' 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). sucessful 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.

Article2¶

1 . The award of the contract shall take place on 5 1 . The tenderer shall give security in an amount of August 1980 . 12 ECU per tonne of goods.

2. The closing date for submission of tenders shall It shall be released : be 5 August 1980 at 12 noon . — in the case of all tenderers whose tenders are 3 . The notice of invitation to tender shall be unsuccessful or are not accepted, published in the Official Journal of the European — in the case of the successful tenderer, when the Communities not less than than nine days before the operations concerned have been carried out within closing date for submission of tenders . the prescribed time limit and on submission of the original export licence duly granted and endorsed by the competent authorities of the Article 3 Member State mentioned in the tender pursuant to Article 3 ( 2), 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — in the case of the successful tenderer, for quanti­ to tender was issued . ties not supplied by reason of force majeure.

2. Tenders must in particular mention the Member 2. The security required under paragraph 1 may be State in which the tenderer in the event of his being provided in the form of a cash deposit or of a declared successful , expects to complete the customs guarantee issued by a credit institution conforming to export formalities for the products concerned . criteria laid down by each Member State .

3 . For the purpose of rendering the tenders compar­ Article 6 able, the prices shall be corrected by the monetary compensatory amount applicable on the closing date 1 . The goods referred to in Article 1 which are to for submission of tenders to exports from the Member be supplied to Somalia must meet the following State mentioned in the tender pursuant to paragraph requirements : 2 . Such correction shall be made by : common wheat flour : — increasing prices which mention a Member State — moisture content : 14 % maximum , whose currency has depreciated , — acidity : 4 ml NaOH/ n maximum per 100 g (calcu­ — reducing prices which mention a Member State lated in the dry matter), whose currency has been revalued . — ash content : 0-52 % maximum on the dry matter. The monetary compensatory amount shall , where appropriate, be converted into the currency of the If the goods referred to in Article 1 do not meet the Member State in which the invitation to tender is foregoing requirements they shall be rejected and the successful tenderer shall be owner thereof . issued using :

No L 186 /40 19 . 7 . 80 Official Journal of the European Communities

2. Tenders for supply to Somalia of the goods subparagraph of Article 3 (3) to the tenderer in the referred to in Article 1 must relate to products with currency of the Member State in which the operations the following characteristics : relating to the tendering are completed. common wheat flour : 4. The intervention agency shall ask that the — moisture content : 14% maximum , tenderer specifies the following information : — acidity : 4 ml NaOH/ n maximum per 100 g (calcu­ (a) after each shipment, a statement giving details of lated on the dry matter), the quantities loaded, the quality of the products — ash content : 0-52 % maximum on the dry matter. and their packaging ; (b) the date of the departure of the ship ; the expected Article 7 date of arrival of the products at their destination ; (c) all possible contingencies which might occur 1 . The German intervention agency shall be respon­ during transportation of the products. sible for organizing the invitation to tender provided for by this Regulation . The intervention agency shall transmit the informa­ tion povided for to the Commission as soon as it is 2 . It shall forthwith communicate to the Commis­ received . sion the list of firms which have responded to the invi­ 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 relating to tendering is not the intervention agency successful tenderer . which appoints the successful tenderer, it shall send as soon as possible to the latter the information neces­ 3 . Where the customs export formalities for the sary for releasing the security. mobilized products are completed in a Member State other than that in which the invitation to tender is Article 8 issued, the intervention agency of the latter Member State shall be responsible for the operations following As regards this tender the intervention agency is auth­ tendering, including payment to the successful orized to make an initial payment of 80 % of the tenderer . value of the quantity given in the bill of lading, on presentation of that document and subject to the In such case, the intervention agency choosing the taking of a security for an amount equal to the initial successful tenderer shall immediately inform the inter­ payment . vention agency of the Member State concerned and shall supply it with all the information which it may Article 9 require .

Furthermore , the amount of the successful tender This Regulation shall enter into force on the day of its shall be paid after it has been converted using the publication in the Official Journal of the European Communities. average of the spot rates referred to in the second

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