CELEX: 31980R1187
Language: en
Date: 1980-05-12 00:00:00
Title: Commission Regulation (EEC) No 1187/80 of 12 May 1980 opening an invitation to tender for the mobilization of common wheat flour as food aid for Somalia

13 . 5. 80                                 Official Journal of the European Communities                        No L 120/ 17
                                        COMMISSION REGULATION (EEC) No 1187/80
                                                             of 12 May 1980
                 opening an invitation to tender for the mobilization of common wheat flour as
                                                          food aid for 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 French 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 8 May 1979 the Council of the European
 Communities declared that by way of Community
action it proposed to grant to Somalia the equivalent                  Whereas the measures provided for in this Regulation
of 4 794 tonnes of common wheat, in the form of                        are in accordance with the opinion of the Manage­
                                                                       ment Committeee for Cereals,
 flour, i.e. 3 175 tonnes of common wheat flour, under
its 1978 /79 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 3 175 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 producer shall take place in
situation in the Member States and in order to ensure                  France in one lot .
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 . 1 975 , p. 89 .
(<)  OJ  No   106, 30 . 10 . 1962, p. 2.553/62.
(5 ) OJ  No  L 263 , 19 . 9 . 1973 , p. 1 .                            4.     Shipment shall be from a Community port.
 ---pagebreak---  No L 120/ 18                      Official Journal of the European Communities                            13 . 5 . 80
5. The invitation to tender provided for in para­                 2*25 % , a conversion rate resulting from their
graph 1 is for supply of products on the quay or in               central rate,
the lighter where applicable, in the port of Moga­           — in the other cases, the average of the spot rates of
discio .
                                                                  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 / For free distribution .'              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).
successful 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.
                         Article 2
                                                                                     Article 5
1 . The award of the contract shall take place on 23
May 1980 .                                                   1 . The tenderer shall give security in an amount of
                                                             12 ECU per tonne of goods.
2.    The closing date for submission of tenders shall
be 23 May 1980 at 12 noon .                                  It shall be released :
3.    The    notice of invitation  to   tender shall  be     — in the case of all tenderers whose tenders are
published in the Official Journal of the European                unsuccessful or are not accepted,
Communities not less than nine days before the               — in the case of the successful tenderer, when the
closing date for submission of tenders.                          operations concerned have been carried out within
                                                                 the prescribed time limit and on submission of
                         Article 3                               the original export licence duly granted and
                                                                 endorsed by the competent authorities of the
1 . The prices offered must be expressed in the                  Member State mentioned in the tender pursuant
currency of the Member State in which the invitation             to Article 3 (2),
to tender was issued .                                       — in the case of the successful tenderer, for quanti­
                                                                 ties not supplied by reason of force majeure.
2. Tenders must in particular mention the Member
State in which the tenderer in the event of his being        2. The security required under paragraph 1 may be
declared successful, expects to complete the customs         provided in the form of a cash deposit or of a
export formalities for the products concerned .              guarantee issued by a credit institution conforming to
3 . For the purpose of rendering the tenders compar­         criteria laid down by each Member State .
able, the prices shall be corrected by the monetary
compensatory amount applicable on the closing date                                   Article 6
for submission of tenders to exports from the Member
State mentioned in the tender pursuant to paragraph          1 . The goods referred to in Article 1 which are to
2. Such correction shall be made by :                        be supplied to Somalia must meet the following
— increasing prices which mention a Member State             requirements :
    whose currency has depreciated,                          common wheat flour :
— reducing prices which mention a Member State
    whose currency has been revalued .                       — moisture content : 15% maximum ,
                                                             — acidity : 4 ml NaOH /n maximum per 100 g (calcu­
The monetary compensatory amount shall , where                    lated in the dry matter),
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            — ash content : 0-52 % maximum on the dry matter.
issued using :                                               If the goods referred to in Article 1 do not meet the
— in the case when the currencies concerned are              foregoing requirements they shall be rejected and the
    kept at any given moment within a band of                successful tenderer shall be owner thereof.
 ---pagebreak--- 13 . 5 . 80                        Official Journal of the European Communities                          No L 120 / 19
2. Tenders for supply to Somalia of the goods                 average of the spot rates referred to in the second
referred to in Article 1 must relate to products with         subparagraph of Article 3 (3) to the tenderer in the
the following characteristics :                               currency of the Member State in which the operations
common wheat flour :                                          relating to the tendering are completed.
— moisture content : 15% maximum ,                            4. The intervention agency shall ask that the
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­             tenderer specifies the following information :
     lated on the dry matter),                                (a) after each shipment, a statement giving details of
— ash content : 0-52 % maximum on the dry matter.                 the quantities loaded, the quality of the products
                                                                  and their packaging ;
                         Article 7                            (b) the date of the departure of the ship ; the expected
                                                                  date of arrival of the products at their destination ;
1 . The French intervention agency shall be respon­           (c) all possible contingencies which might occur
sible for organizing the invitation to tender provided            during transportation of the products.
for by this Regulation .
                                                              The intervention agency shall transmit the informa­
2.     It shall forthwith communicate to the Commis­          tion provided for to the Commission as soon as it is
sion the list of firms which have responded to the invi­      received .
tation to tender, specifying the terms of each tender
together with the name and business name of the               5. When the agency responsible for the operations
successful tenderer.                                          relating to tendering is not the intervention agency
                                                              which appoints the successful tenderer, it shall send as
3. Where the customs export formalities for the               soon as possible to the latter the information neces­
mobilized products are completed in a Member State            sary for releasing the security.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member                                   Article 8
State shall be responsible for the operations following
tendering, including payment to the successful                As regard this tender the intervention agency is autho­
tenderer.                                                     rized to make an initial payment of 80 % of the value
                                                              of the quantity given in the bill of lading, on presenta­
In such case, the intervention agency choosing the            tion of that document and subject to the taking of a
successful tenderer shall immediately inform the inter­       security for an amount equal to the initial payment.
vention agency of the Member State concerned and
shall supply it with all the information which it may                                  Article 9
require.
                                                              This Regulation shall enter into force on the day of its
Furthermore, the amount of the successful tender              publication in the Official Journal of the European
shall be paid after it has been converted using the           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