31976R0841

10 . 4. 76 Official Journal of the European Communities No L 96/21

COMMISSION REGULATION (EEC) No 841 /76 of 9 April 1976 opening an invitation to tender for the mobilization of grain sorghum and maize as food aid for the Republic of Burundi

THE COMMISSION OF THE EUROPEAN Whereas the French intervention agency should be COMMUNITIES, made responsible for the tendering procedure ;

Having regard to the Treaty establishing the European Whereas the Commission must be informed quickly Economic Community, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas the Monetary Committee will be consulted ; tion of the market in cereals ('), as amended by Regula­ whereas, in view of the urgency, the measures envis­ tion (EEC) No 3058 /75 (2), aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation Having regard to Council Regulation (EEC) No No 129 on the value of the unit of account and the 2750/75 of 29 October 1975 laying down the condi­ exchange rates to be applied for the purposes of the tions for the mobilization of cereals as food aid (3), and common agricultural policy (4), as last amended by in particular Article 6 thereof, Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; Whereas on 3 March 1975 the Council of the Euro­ pean Communities declared that it proposed, by way Whereas the measures provided for in this Regulation of Community action, to grant 750 metric tons of are in accordance with the opinion of the Manage­ cereals to the Republic of Burundi under its 1974/75 ment Committee for Cereals, food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods mav 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 delivered to Bujumbura ;

Whereas tenders may be submitted by tenderers esta­ 1 . Tenders are hereby invited for the supply to the blished in any Member State of the Community and Republic of Burundi by way of Community food-aid action of : 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 — 250 metric tons of sorghum, and — 500 ' 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 products shall be mobilized on customs export formalities will be completed ; the Community market. The products shall be loaded Whereas the award under the invitation to tender for departure from a Community port. must be made to the tenderer offering the best terms ; 3 . The invitation to tender provided for in para­ Whereas, should force majeure make it impossible to graph 1 is for supply of products delivered to Bujum­ complete the operation in question within the time bura . limits specified, it must be made clear who is to bear the liability for any resulting costs ; 4 . The successful tenderer shall deliver the products specified in paragraph 1 in new jute sacks of Whereas provision should be made for security to be a net capacity of 50 kilogrammes. The following shall given for the purpose of guaranteeing that the obliga­ be printed on the sacks : tions arising by virtue of participation in the invita­ tion to tender for supplies to the Republic of Burundi 'Sorgho — Don de la Communauté économique euro­ will be fulfilled : péenne à la République du Burundi — À distribuer gratuitement.' (1) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 306, 26. 11 . 1975, p. 3 . (4) OJ No 106, 30. 10 . 1962, p. 2553/62. P) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No L 263, 19. 9 . 1973, p. 1 .

No L 96 /22 Official Journal of the European Communities 10 . 4. 76

'Maïs — Don de la Communauté économique euro­ However, if the tenders submitted do not appear to péenne à la République du Burundi — À distribuer reflect normal market prices and costs, the interven­ gratuitement.' tion agency may cancel the invitation to tender.

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 on 26 April 1976. five units of account per metric ton of the products : 2. The closing date for submission of tenders shall be 26 April 1976 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 later 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 1 . The prices offered must be expressed in the endorsed by the competent authorities of the currency of the Member State in which the invitation Member State mentioned in the tender pursuant to tender was issued . to Article 3 (2), 2. Tenders must in particular mention the Member — in the case of the successful tenderer for quantities State in which the tenderer, in the event of his being not supplied by reason of force majeure. declared successful, expects to complete the customs export formalities for the products concerned. 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a 3. For the purpose of rendering the tenders compar­ guarantee issued by a credit institution conforming to able, the prices shall, where appropriate, be corrected criteria laid down by each Member State. by the monetary compensatory amount and the acces­ sion compensatory amount applicable on the closing date for submission of tenders to exports from the Article 6 Member State mentioned in the tender pursuant to paragraph 2. 1 . The products specified in Article 1 to be Such correction shall be made by : supplied for human consumption to the Republic of Burundi must meet the following requirements : — increasing prices which mention a Member State whose currency has depreciated or a new Member grain sorghum : State, must be of fair and sound merchantable quality, be — reducing prices which mention a Member State free from odour, with a moisture content not whose currency has been revalued. exceeding 14 % ; The monetary compensatory amount shall, where maize : appropriate , be converted into the currency of the Member State in which the invitation to tender is must be of fair and sound merchantable quality, be issued using : free from odour, and correspond at least to the — in the case when the currencies concerned are standard quality for which the intervention price is fixed . kept at any given moment within a band of 2-25 % , a conversion rate resulting from their central rate, 2. Tenders for supply to the Republic of Burundi of the products specified in Article 1 must relate to — in the other cases, the average of the spot rates of products having the following characteristics : the currencies concerned recorded in the Member State in which the invitation to tender is issued grain sorghum : during a period from the Wednesday of one week must be of fair and sound merchantable quality, be to the Tuesday of the following week being the free from odour, with a moisture content not period immediately preceding the closing date for submission of tenders . exceeding 14 % ;

maize : Article 4 must be of fair and sound merchantable quality, be The contract shall be awarded to the tenderer offering free from odour, and correspond at least to the the best terms, taking into consideration the adjust­ standard quality for which the intervention price is ment referred to in Article 3 (3). fixed .

10 . 4. 76 Official Journal of the European Communities No L 96/23

Article 7 4. The intervention agency shall request the successful tenderer to supply the following informa­ 1 . The French intervention agency shall be respon­ tion : sible for organizing the invitation to tender provided for by this Regulation. (a) after each shipment, a statement giving details of 2 . It shall forthwith communicate to the Commis­ the quantities loaded, the quality of the products and the type of packing ; sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, (b) the date of the departure of the ships, the esti­ together with the name and business name of the mated date of arrival of the products at their desti­ successful tenderer. nation ; 3 . Where the customs export formalities for the (c) all possible contingencies which might occur mobilized product are completed in a Member State during transportation of the products. other than that in which the invitation to tender is The information indicated above shall be forwarded issued, the intervention agency of the latter Member State shall be responsible for the operations following by the intervention agency to the Commission imme­ tendering, including payment to the successful diately upon receipt. tenderer. 5. When the intervention agency responsible for In such case, the intervention agency choosing the the operations relating to tendering is not the interven­ successful tenderer shall immediately inform the inter­ tion agency which appoints the successful tenderer, it vention agency of the Member State concerned and shall send as soon as possible to the latter the informa­ shall supply it with all the information which it may tion necessary for releasing the security. require.

Furthermore, the amount of the successful tender shall be paid after it has been converted using the Article 8 average of the spot rates referred to in the last subpara­ graph of Article 3 (3) to the tenderer in the currency This Regulation shall enter into force on the day of its of the Member State in which the operations relating publication in the Official Journal of the European to the tendering are completed. Communities.

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

Done at Brussels, 9 April 1976.

For the Commission

P.J. LARDINOIS Member of the Commission