31975R3191

6 . 12. 75 No L 316/ 11 Official Journal of the European Communities

REGULATION (EEC) No 3191 /75 OF THE COMMISSION of 5 December 1975 opening an invitation to tender for the mobilization of grain sorghum and maize as food aid for the Republic of Niger

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES, tion to tender for supplies to Niger will be fulfilled ;

Having regard to the Treaty establishing the European Whereas the intervention agency of France should be Economic Community ; made responsible for the tendering procedure in ques­ tion ; Having regard to Council Regulation (EEC) No 2727/75 (!) of 29 October 1975 on the common organ­ Whereas the Commission must be informed quickly ization of the market in cereals ; of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 2750/75 (2) of 29 October 1975 laying down the condi­ Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid, and whereas, in view of the urgency, the measures envis­ in particular Article 6 thereof ; aged should be adopted in accordance with the condi-, tions laid down in Article 3 (2) of Council Regulation Whereas on 3 March 1975 the Council of the Euro­ No 129 (3) on the value of the unit of account and the pean Communities declared that by way of Commu­ exchange rates to be applied for the purposes of the nity action it proposed to grant the Republic of Niger common agricultural policy, as last amended by Regu­ 7 000 metric tons of maize under its 1974/75 food-aid lation (EEC) No 2543/73 (4), and in particular Article 3 thereof ; programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ Whereas the measures provided for in this Regulation tion (EEC) No 2750/75 the goods may be purchased are in accordance with the Opinion of the Manage­ anywhere on the Community market ; ment Committee for Cereals,

Whereas the proposed invitation to tender should be for supply of the products, cif, that is to say, actually placed on the quay at the port of unloading ; HAS ADOPTED THIS REGULATION :

Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and Article 1 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 1 . Tenders are hereby invited for the supply to the that the tenders are as comparable as possible, account Republic of Niger by way of Community food-aid should be taken of the effect on each tender of the action of : currency situation in the Member State in which the — 5 000 metric tons of grain sorghum (lot No 1 ), customs export formalities will be completed ; — 2 000 metric tons of maize (lot No 2). Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; 2. The tendering procedure shall take place in France in two lots. The product shall be mobilized on Whereas, should force majeure make it impossible to the Community market. The product shall be loaded complete the operation in question within the time for departure from a Community port. limits specified, it must be made clear who is to bear the liability for any resulting costs ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered cif, that is Whereas provisions should be made for security to be at the moment when the goods are actually placed on given for the purpose of guaranteeing that the obliga­ the dock at the port listed in the Annex.

(>) OJ No L 281 , 1 . 11 . 1975, p. 1 . (3) OJ No 106, 30 . 10 . 1962, p. 2553/62. (2) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No L 263 , 19 . 9 . 1973, p. 1 .

No L 316/ 12 6 . 12 . 75 Official Journal of the European Communities

4. The successful tenderer shall deliver the product — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member specified in paragraph 1 in new jute sacks of a net State in which the invitation to tender is issued capacity of 50 kg. The 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 'Sorgho — Don de la Communauté économique euro­ period immediately preceding the closing date for péenne — Distribution gratuite.' submission of tenders . 'Maïs — Don de la Communauté économique euro­ péenne — Distribution gratuite.' Article 4

Article 2 The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ 1 . The decision on tenders received in response to ment referred to in Article 3 (3). the invitation provided for in Article 1 shall be taken on 19 December 1975 . However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 2. The closing date for submission of tenders shall tion agency may cancel the invitation to tender. be 19 December 1975 at 12 npon .

3 . The notice of invitation to tender shall be Article 5 published in the Official Journal of the European Communities not later than nine days before the 1 . The tenderer shall give security in an amount of closing date for submission of tenders. five units of account per metric ton of goods.

It shall be released : Article 3 — in the case of all tenderers whose tenders are unsuccessful or are not accepted, 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — in the case of the successful tenderer, when the to tender was issued . operations concerned have been carried out within the prescribed time limit and on submission of 2. Tenders must in particular mention the Member the original export licence, duly granted and State in which the tenderer, in the event of his being endorsed by the competent authorities of the declared successful, expects to complete the customs Member State mentioned in the tender pursuant export formalities for the products concerned. to Article 3 (2), — in the case of the successful tenderer for quantities 3 . For the purpose of rendering the tenders compar­ not supplied by reason of force majeure. able, the prices shall, where appropriate, be corrected by the monetary compensatory amount and the acces­ 2. The security required under paragraph 1 may be sion compensatory amount applicable on the closing provided in the form of a cash deposit or of a date for submission of tenders to exports from the guarantee issued by a credit institution conforming to Member State mentioned in the tender pursuant to criteria laid down by each Member State. paragraph 2.

Such correction shall be made by : Article 6 — increasing prices which mention a Member State whose currency has depreciated or a new Member 1 . The products specified in Article 1 to be State , supplied for human consumption to the Republic of Niger must meet the following requirements : — reducing prices which mention a Member State whose currency has been revalued. grain sorghum : must be of fair and sound merchantable quality, be The monetary compensatory amount shall, where free from odour, with a moisture content not appropriate, be converted into the currency of the Member State in which the invitation to tender is exceeding 14 % ; issued using : maize :

— in the case when the currencies concerned are must be of fair and sound merchantable quality, be kept at any given moment within a band of free from odour, and correspond at least to the 2-25 % , a conversion rate resulting from their standard quality for which the intervention price is central rate, fixed .

6 . 12. 75 Official Journal of the European Communities No L 316/ 13

2. Tenders for supply to the Republic of Niger of vention agency of the Member State concerned and the products specified in Article 1 must relate to shall supply it with all the information which it may products having the following characteristics : require. grain sorghum : Furthermore, the amount of the successful tender must be of fair and sound merchantable quality, be shall be paid after it has been converted using the free from odour, with a moisture content not average of the spot rates referred to in the second exceeding 14 % ; subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations maize : relating to the tendering are completed. must be of fair and sound merchantable quality, be free from odour, and correspond at least to the 4. The intervention agency shall ask that the standard quality for which the intervention price is tenderer specifies the following information : fixed . (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products Article 7 and their packaging ; (b) the date of the departure of the ships, the expected 1 . The French intervention agency shall be respon­ date of arrival of the products at their destination ; sible for operations relating to the invitation to tender provided for by this Regulation. (c) all possible contingencies which might occur during transportation of the products. 2. It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ The intervention agency shall transmit the informa­ tation to tender, specifying the terms of each tender, tion provided for to the Commission as soon as it is received . together with the name and business name of the successful tenderer. 5. When the intervention agency responsible for 3. Where the customs export formalities for the the operations relating to tendering is not the interven­ mobilized product are completed in a Member State tion agency which appoints the successful tenderer, it other than that in which the invitation to tender is shall send as soon as possible to the latter the informa­ issued, the intervention agency of the latter Member tion necessary for releasing the security. State shall be responsible for the operations following tendering, including payment to the successful Article 8 tenderer. This Regulation shall enter into force On the day of its In such case, the intervention agency choosing the publication in the Official Journal of the European successful tenderer shall immediately inform the inter­ Communities.

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

Done at Brussels, 5 December 1975. For the Commission

P.J. LARDINOIS Member of the Commission

ANNEX

Number Metric Port of unloading Minimum rate of unloading of lot tonnage cif

1 5 000 Cotonou or Apapa 2 Cotonou 2 000 | Customs of the port