CELEX: 31980R1930
Language: en
Date: 1980-07-18 00:00:00
Title: 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

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
Regulation (EEC) No 1 547/79 (2),                                    Whereas provision should be made for security to be
                                                                     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
Having regard to the opinion of the Monetary                         are in accordance with the opinion of the Manage­
Committee,                                                           ment Committee for Cereals,
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
wheat     to   Somalia        under     its  1979/80    food-aid     HAS ADOPTED THIS REGULATION :
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
that the tenders are as comparable as possible, account               3 . The invitation to tender provided for in para­
should be taken of the effect on each tender of the                   graph 1 is for supply of products on the quay or in
currency situation in the Member State in which the                   the lighter where applicable, in the port of Mogadishu
 customs export formalities will be completed ;                       (lot 1 : 2 000 tonnes) and Berbera (lot 2 : 1 000
                                                                      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.
(«) OJ  No   106, 30. 10. 1962, p. 2553/62.                           specified in paragraph 1 in new jute sacks of a net
(5) OJ  No   L 263, 19. 9. 1973, p. 1 .                               capacity of 50 kilograms.
 ---pagebreak--- 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
 1.    The decision on tenders received in response to      notice of invitation to tender as a result of the late
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
closing date for submission of tenders.                      It shall be released :
                                                            — 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
currency of the Member State in which the invitation             operations concerned have been carried out within
to tender was issued .                                           the prescribed time limit and on submission of
                                                                 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 :
— increasing prices which mention a Member State                                      Article 7
     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
The monetary compensatory amount shall, where                which the intervention price is fixed .
 appropriate, be converted into the currency of the
 Member State in which the invitation to tender is                                    Article 8
 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
 ---pagebreak--- 19 . 7 . 80                        Official Journal of the European Communities                         No L 186/37
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
subparagraph of Article 3 (3) to the tenderer in the                                 Article 9
currency of the Member State in which the operations
relating to the tendering are completed .                    As regard this tender, the intervention agency is autho­
                                                             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