CELEX: 31980R1931
Language: en
Date: 1980-07-18 00:00:00
Title: 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

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
 Whereas tenders may be submitted by tenderers esta­                  of the supply of 7 947 tonnes of common wheat flour
 blished in any Member State of the Community and                     to Somalia by way of Community food-aid action .
 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
 (')  OJ No  L 281 , 1 . 11 . 1975 , p. 1 .                           3 . The goods shall be mobilized on the Commu­
 (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.
 ---pagebreak---  19 . 7 . 80                         Official Journal of the European Communities                        No L 186/ 39
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
The minimum weight of the sacks shall be 180 grams.                 period immediately preceding the closing date for
                                                                    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
To allow for the possibility of re-bagging, the                the best terms, taking into consideration the adjust­
sucessful tenderer shall supply 2 % of new empty                ment referred to in Article 3 (3).
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 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
                          Article 3                                 endorsed by the competent authorities of the
                                                                    Member State mentioned in the tender pursuant
 1 . The prices offered must be expressed in the                    to Article 3 (2),
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
      whose currency has depreciated ,                          — moisture content : 14 % maximum ,
— reducing prices which mention a Member State                  — acidity : 4 ml NaOH/ n maximum per 100 g (calcu­
      whose currency has been revalued .                            lated in the dry matter),
                                                                — 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
issued using :                                                  successful tenderer shall be owner thereof.
 ---pagebreak--- No L 186 /40                       Official Journal of the European Communities                               19 . 7 . 80
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
2.     It shall forthwith communicate to the Commis­
                                                              tion povided for to the Commission as soon as it is
                                                              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
mobilized products are completed in a Member State
                                                              sary for releasing the security.
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
In such case, the intervention agency choosing the            presentation of that document and subject to the
successful tenderer shall immediately inform the inter­       taking of a security for an amount equal to the initial
vention agency of the Member State concerned and              payment .
shall supply it with all the information which it may
require .                                                                              Article 9
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
average of the spot rates referred to in the second            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