31975R2289

6 . 9 . 75 No L 235/9 Official Journal of the European Communities

REGULATION ( EEC) No 2289/75 OF THE COMMISSION of 5 September 1975 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Mali

THE COMMISSION OF THE EUROPEAN Whereas provisions should be made for security to be COMMUNITIES, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ Having regard to the Treaty establishing the European tion to tender for supplies to the Islamic Republic of Mali will be fulfilled ; Economic Community ;

Whereas the French intervention agency should be Having regard to Council Regulation No 120/ made responsible for the tendering procedure in ques­ 67/ EEC (') of 13 June 1967 on the common organiza­ tion ; tion of the market in cereals, as last amended by Regu­ lation (EEC) No 665/75 (2) ; Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and Whereas the Monetary Committee will be consulted ; in particular Article 6 thereof ; whereas, in view of the urgency, the measures envi­ saged should be adopted in accordance with the condi­ Whereas on 3 March 1974 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation pean Communities declared that by way of Commu­ No 129 (4) on the value of the unit of account and the nity action it proposed to grant the Republic of Mali exchange rates to be applied for the purposes of the 8 000 metric tons of maize under its 1974/75 food-aid common agricultural policy, as last amended by Regu­ programme ; lation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 1693/72 the goods may be purchased Whereas the measures provided for in this Regulation anywhere on the Community market ; are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Whereas the proposed invitation to tender should be for supply of the products delivered cif, that is, at the moment when the goods are actually placed on the HAS ADOPTED THIS REGULATION : dock at the port of unloading ;

Whereas tenders may be submitted by tenderers esta­ Article 1 blished in any Member State of the Community and may relate to products mobilized anywhere within 1 . Tenders are hereby invited for the supply to the those Member States ; whereas, in view of the currency Islamic Republic of Mali by way of Community food­ situation in the Member States and in order to ensure aid action of 8 000 metric tons of maize . that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 2. The tendering procedure shall take place in currency situation in the Member State in which the France in one lot. The product shall be mobilized on customs export formalities will be completed ; the Community market. The procfuct shall be loaded for the departure from any Community port. Whereas the award under the invitation to tender must be made in favour of the tenderer offering the 3. The invitation to tender provided for in para­ best terms ; graph 1 is for supply of products delivered cif, that is to say, actually placed on the quay of the port of Whereas, should force majeure make it impossible to Abidjan . complete the operation in question within the set time limits, it should be made clear who is to bear the 4. The successful tenderer shall deliver the product liability for any resulting costs ; specified in paragraph 1 cif to the port of Abidjan in new jute sacks of a net capacity of 50 kilogrammes. (') OJ No 117, 19. 6. 1967, p. 2269/67. (2) OJ No L 72, 20. 3 . 1975, p. 14. (4) OJ No 106, 30 . 10 . 1962, p . 2553/62. (3) OJ No L 178 , 5. 8 . 1972, p. 3. (5) OJ No L 263, 19 . 9 . 1973, p. 1 .

No L 235/ 10 6 . 9 . 75 Official Journal of the European Communities

The following shall be printed on the sacks : However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 'Maïs — Don de la Communauté économique euro­ tion agency may cancel the invitation to tender. péenne — Distribution gratuite.'

Article 2 Article 5 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken 1 . The tenderer shall give security in an amount of five units of account per metric ton of goods. on 19 September 1975 .

2. The closing date for submission of tenders shall It shall be released : be 19 September 1975 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 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 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 quantities 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, where appropriate, be corrected by the monetary compensatory amount applicable on the closing date for submission of tenders to exports Article 6 from the Member State mentioned in the tender pursuant to paragraph 2. 1 . The product referred to in Article 1 which is to be supplied for human consumption to Mali must be Such correction shall be made by : of fair and sound merchantable quality, be free from — increasing prices which mention a Member State odour, and correspond at least to the standard quality whose currency has depreciated, " for which the intervention price is fixed. — reducing prices which mention a Member State whose currency has been revalued . 2. Tenders for supply to Mali of the product speci­ fied in Article 1 must relate to maize of fair and Such monetary compensatory amount shall, where sound merchantable quality, free from odour, and appropriate , be converted into the currency of the correspond at least to the standard quality for which Member State in which the invitation to tender is the intervention price is fixed. issued using : — in the case when the currencies concerned are Article 7 kept at any given moment within a band of 2-25 % a conversion rate resulting frorn their central rate, 1 . The French intervention agency shall be respon­ — in the other cases, the average of the spot rates of sible for organizing the invitation to tender provided the currencies concerned recorded in the Member for by this Regulation . State in which the invitation to tender is issued 2 . It shall forthwith communicate to the Commis­ during a period from the Wednesday of one week to the Tuesday of the following week being the sion the list of firms which have responded to the invi­ period immediately preceding the closing date for tation to tender, specifying the terms of each tender, submission of tenders . together with the name and business name of the successful tenderer. Article 4 3 . Where the customs export formalities for the The contract shall be awarded to the tenderer offering mobilized product are completed in a Member State the best terms, taking into consideration the adjust­ other than that in which the invitation to tender is ment referred to in Article 3 (3). issued, the intervention agency of the latter Member

6 . 9 . 75 Official Journal of the European Communities No L 235/ 11

State shall be responsible for the operations following (b) the date of departure of the ships ; tendering, including payment to the successful (c) all possible contingencies which might occur tenderer. during transportation of the products. In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ The information indicated above shall be forwarded vention agency of the Member State concerned and by the intervention agency to the Commission imme­ shall supply it with all the information which it may diately upon receipt. require. 5. When the intervention agency responsible for Furthermore, the amount of the successful tender the operations relating to tendering is not the interven­ shall be paid after it has been converted using the tion agency which appoints the successful tenderer, it average of the spot rates referred to in the second shall send as soon as possible to the latter the informa­ subparagraph of Article 3 (3) to the tenderer in the tion necessary for releasing the security. currency of the Member State in which the operations relating to the tendering are completed.

4. The intervention agency shall request the Article 8 successful tenderer to supply the following informa­ tion : This Regulation shall enter into force on the day of its (a) after each shipment a certificate showing the quan­ publication in the Official Journal of the European tities dispatched and the quality of the products ; Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 5 September 1975.

For the Commission

P.J. LARDINOIS Member of the Commission