CELEX: 31980R1186
Language: en
Date: 1980-05-12 00:00:00
Title: Commission Regulation (EEC) No 1186/80 of 12 May 1980 opening an invitation to tender for the mobilization of common wheat as food aid for Somalia

No L 120/ 14                            Official Journal of the European Communities                             13 . 5 . 80
                                   COMMISSION REGULATION (EEC) No 1186/80
                                                         of 12 May 1980
              opening an invitation to tender for the mobilization of common wheat as food
                                                         aid for Somalia
THE COMMISSION OF THE EUROPEAN                                     Whereas, should force majeure make it impossible to
COMMUNITIES,                                                       complete the operation in question within the set
                                                                   time limits, it should be made clear who is to bear the
 Having regard to the Treaty establishing the European             liability for any resulting costs ;
 Economic Community,
 Having regard to Council Regulation (EEC) No                      Whereas provisions should be made for security to be
2727/75 of 29 October 1975 on the common organiza­                 given for the purpose of guaranteeing that the obliga­
tion of the market in cereals ('), as last amended by              tions arising by virtue of participation in the invita­
Regulation (EEC) No 1547/79 (2),                                   tion to tender will be fulfilled ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                  Whereas the French intervention agency should be
tions for the mobilization of cereals as food aid (3), and         made responsible for the tendering procedure in ques­
                                                                   tion ;
in particular Article 6 thereof,
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 8 May 1979 the Council of the European
Communities declared that by way of Community
action it proposed to grant to Somalia 2 000 tonnes of
common       wheat       under     its     1978 /79   food-aid     HAS ADOPTED THIS REGULATION :
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                                           Article 1
anywhere on the Community market ;
Whereas the proposed invitation to tender should be                 1 . Tenders are hereby invited for the supply, by
for supply of the products on the quay or in the                   way of Community food-aid action, to Somalia of
                                                                   2 000 tonnes of common wheat.
lighter where applicable at the port of unloading ;
Whereas tenders may be submitted by tenderers esta­                2.     The tendering producer shall take place in
blished in any Member State of the Community and                   France in one lot.
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure              3 . The goods shall be mobilized on the Commu­
that the tenders are as comparable as possible, account            nity market.
should be taken of the effect on each tender of the
currency situation in the Member State in which the                4.     Shipment shall be from a Community port.
customs export formalities will be completed ;
Whereas the award under the invitation to tender                    5. The invitation to tender provided for in para­
 must be made in favour of the tenderer offering the               graph 1 is for supply of products on the quay or in
best terms ;                                                       the lighter where applicable, in the port of Moga­
                                                                   discio.
(>)  OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2)  OJ No L 188 , 26. 7 . 1979 , p. 1 .                            6.    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---  13 . 5. 80                       Official Journal of the European Communities                          No L 120/ 15
Minimum weight of the sacks shall be 600 grams. The              State in which the invitation to tender is issued
following shall be printed on the sacks :                        during a period from the Wednesday of one week
                                                                 to the Tuesday of the following week being the
'Wheat / Gift of the European Economic Community                 period immediately preceding the closing date for
to Somalia / For free distribution .'                            submission of tenders.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                                    Article 4
sacks, of the same quality as those containing the
goods but with the printing followed by a capital           The contract shall be awarded to the tenderer offering
letter *R\                                                  the best terms, taking into consideration the adjust­
                                                            ment referred to in Article 3 (3).
                        Article 2                           However, if the tenders submitted do not appear to
                                                            reflect normal market prices and costs, the interven­
 1 . The decision on tenders received in response to        tion agency may cancel the invitation tjo tender.
the invitation provided for in Article 1 shall be taken
on 23 May 1980.
                                                                                     Article 5
2.      The closing date for submission of tenders shall
be 23 May 1980 at 12 noon .                                 If the tenderer is unable to deliver the goods in
                                                            compliance with Article 1 (5) on the date given in the
3.     The notice of invitation    to tender shall be       notice of invitation to tender as a result of the late
published in the Official Journal of the European           availability of the vessels to be used for sea transporta­
 Communities not less than nine days before the             tion, the resulting costs shall be borne by the interven­
closing date for submission of tenders.                     tion agency.
                        Article 3                                                    Article 6
 1 . The prices offered must be expressed in the             1 . The tenderer shall give security in an amount of
currency of the Member State in which the invitation        6 ECU per tonne of goods.
to tender was issued .
                                                             It shall be released :
2. Tenders must in particular mention the Member            — in the case of all tenderers whose tenders are
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs             unsuccessful or are not accepted,
export formalities for the products concerned.              — in the case of the successful tenderer, when the
                                                                 operations concerned have been carried out within
3 . For the purpose of rendering the tenders compar­             the prescribed time limit and on submission of
able, the prices shall be corrected by the monetary              the original export licence duly granted and
compensatory amount applicable on the closing date               endorsed by the competent authorities of the
 for submission of tenders to exports from the Member            Member State mentioned in the tender pursuant
State mentioned in the tender pursuant to paragraph              to Article 3 (2),
 2. Such correction shall be made by :                      — in the case of the successful tenderer, for quanti­
                                                                 ties not supplied by reason of force majeure.
— increasing prices which mention a Member State
      whose currency has depreciated,
                                                             2. The security required under paragraph 1 may be
— reducing prices which mention a Member State               provided in the form of a cash deposit or of a
      whose currency has been revalued.                     guarantee issued by a credit institution conforming to
                                                             criteria laid down by each Member State.
The monetary compensatory amount shall, where
 appropriate, be converted into the currency of the
 Member State in which the invitation to tender is                                   Article 7
 issued using :
                                                            The common wheat referred to in Article 1 must be
— in the case when the currencies concerned are
                                                             of fair and sound merchantable quality and corres­
      kept at any given moment within a band of              pond at least to the standard quality for which the
      2-25 % , a conversion rate resulting from their        intervention price is fixed, except that the moisture
      central rate,                                          content shall not exceed 15*5 % and that a maximum
— in other cases, the average of the spot rates of the       of 3 % of sprouted grains and 1-5 % of miscellaneous
      currencies concerned recorded in the Member            impurities shall be allowed .
 ---pagebreak--- No L 120/ 16                       Official Journal of the European Communities                                13 . 5 . 80
                         Article 8                            (a) after each shipment, a statement giving details of
                                                                  the quantities loaded, the quality of the products
1 . The French intervention agency shall be respon­               and the type of packaging ;
sible for organizing the invitation to tender provided
for by this Regulation .                                      (b) the date of the departure of the ships ; the esti­
                                                                  mated date of arrival of the products at their desti­
2.     It shall forthwith communicate to the Commis­              nation ;
sion the list of firms which have responded to the invi­      (c) alt possible contingencies which might occur
tation to tender, specifying the terms of each tender,            during transportation of the products.
together with the name and business name of the
successful tenderer.                                          The information indicated above shall be forwarded
3 . Where the customs export formalities for the              by the intervention agency to the Commission imme­
mobilized product are completed in a Member State             diately upon receipt.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member          5. When the intervention agency responsible for
State shall be responsible for the operations following
                                                              the operations relating to tendering is not the interven­
                                                              tion agency which appoints the successful tenderer, it
tendering, including payment to the successful
tenderer.                                                     shall send as soon as possible to the latter the informa­
                                                              tion necessary for releasing the security.
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­                               Article 9
vention agency of the Member State concerned and
shall supply it with all the information which it may         As regards this tender, the intervention agency is auth­
require.                                                      orized to make an initial payment of 80 % of the
Furthermore, the amount of the successful tender              value of the quantity given in the bill of lading, on
shall be paid after it has been converted using the           presentation of that document and subject to the
average of the spot rates referred to in the second           taking of a security for an amount equal to the initial
subparagraph of Article 3 (3) to the tenderer in the          payment.
currency of the Member State in which the operations
                                                                                      Article 10
relating to the tendering are completed .
4. The intervention agency shall request the                  This Regulation shall enter into force on the day of its
successful tenderer to supply the following informa­          publication in the Official Journal of the European
tion :                                                        Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 12 May 1980 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President