31976R1404

No L 158 / 18 Official Journal of the European Communities 19 . 6 . 76

COMMISSION REGULATION ( EEC) No 1404/76 of 18 June 1976 opening an invitation to tender for the mobilization of maize as food aid for the United Republic of Tanzania

THE COMMISSION OF THE EUROPEAN whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to the Treaty establishing the European Economic Community, Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ Having regard to Council Regulation (EEC) No tion ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals (*), as amended by Regula­ Whereas the Commission must be informed quickly tion ( EEC) No 1 143/76 (2), 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 of 29 October 1975 laying down the condi­ Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid (3 ), 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 25 March 1976 the Council of the Euro­ No 129 (4) 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 United Republic common agricultural policy, as last amended by Regu­ of Tanzania 2 000 metric tons of maize under its lation ( EEC) No 2543/73 (5), and in particular Article 1975/76 food-aid programme ; 3 thereof ;

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 tenders should be invited for the supply of the product to the port of shipment in the vicinity of the vessel , the goods to be set down at the place nomi­ HAS ADOPTED THIS REGULATION : nated by the recipient or its agent ;

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 United Republic of Tanzania by way of Community that the tenders are as comparable as possible, account food-aid action of 2 000 metric tons of maize . should be taken of the effect on each tender of the currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in France in one lot. The product shall be mobilized on Whereas the award under the invitation to tender the Community market. The product shall be loaded for departure from any Community port. must be made in favour of the tenderer offering the best terms ; 3 . The product referred to in paragraph 1 is to be Whereas, should force majeure make it impossible to delivered in bulk to the port of shipment in the complete the operation in question within the set vicinity of the vessel . The goods must be set down at time limit, it should be made clear who is to bear the the place nominated by the recipient country or its liability for any resulting costs ; agent, the timing of delivery being settled by the tenderer and the recipient country's agent. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 130, 19 . 5 . 1976, p. 1 . (4 ) OJ No 106, 30 . 10 . 1962, p. 2553/62. (3 ) OJ No L 281 , 1 . 11 . 1975, p . 89 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .

19 . 6 . 76 Official Journal of the European Communities No L 158 / 19

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 to tender. the invitation provided for in Article 1 shall be taken on 2 July 1976. Article 5 2. The closing date for submission of tenders shall If the tenderer is unable to deliver the goods in be 2 July 1976, at 12 noon . compliance with Article 1 (3) on the date given in the notice of invitation to tender as a result of the late 3 . The notice of invitation to tender shall be availability of the vessels to be used for sea transporta­ published in the Official Journal of the European Communities not less than nine days before the tion , the resulting costs shall be borne by the interven­ tion agency. closing date for submission of tenders.

Article 6 Article 3 1 . The tenderer shall give security in an amount of 1 . The prices offered must be expressed in the five units of account per metric ton of goods . currency of the Member State in which the invitation to tender was issued . It shall be released : — in the case of all tenderers whose tenders are 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being unsuccessful or are not accepted, declared successful , expects to complete the customs — in the case of the successful tenderer, when the export formalities for the products concerned. operations concerned have been carried out within the prescribed time limit and on submission of 3 . For the purpose of rendering the tenders compar­ the original export licence duly granted and able, the prices shall, where appropriate, be corrected endorsed by the competent authorities of the by the monetary compensatory amount and the acces­ Member State mentioned in the tender pursuant sion compensatory amount applicable on the closing to Article 3 (2), date for submission of tenders to exports from the — in the case of the successful tenderer for quantities Member State mentioned in the tender pursuant to not supplied by reason of force majeure. paragraph 2. 2 . The security required under paragraph 1 may be Such correction shall be made by : provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to — increasing prices which mention a Member State whose currency has depreciated or a new Member criteria laid down by each Member State . State, Article 7 — reducing prices which mention a Member State whose currency has been revalued . The maize referred to in Article 1 must be of fair and The monetary compensatory amount shall, where sound merchantable quality and correspond at least to appropriate, be converted into the currency of the the standard quality for which the intervention price is fixed . Member State in which the invitation to tender is issued using : Article 8 — in the case when the currencies concerned are kept at any given moment within a band of 1 . The French intervention agency shall be respon­ 2-25 % , a conversion rate resulting from their sible for organizing the invitation to tender provided central rate, for by this Regulation . — in the other cases, the average of the spot rates of 2 . It shall forthwith communicate to the Commis­ the currencies concerned recorded in the Member State in which the invitation to tender is issued sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, during a period from the Wednesday of one week together with the name and business name of the to the Tuesday of the following week being the successful tenderer . period immediately preceding the closing date for submission of tenders . 3 . Where the customs export formalities for the mobilized product are completed in a Member State Article 4 other than that in which the invitation to tender is issued, the intervention agency of the latter Member The contract shall be awarded to the tenderer offering State shall be responsible for the operations following the best terms, taking into consideration the adjust­ tendering, including payment to the successful ment referred to in Article 3 (3). tenderer .

No L 158 / 20 Official Journal of the European Communities 19 . 6 . 76

In such case, the intervention agency choosing the 5. when the intervention agency responsible for successful tenderer shall immediately inform the inter­ the operations relating to tendering is not the interven­ vention agency of the Member State concerned and tion agency which appoints the successful tenderer, it shall supply it with all the information which it may shall send as soon as possible to the latter the informa­ require . tion necessary for releasing the security.

Furthermore, the amount of the successful tender shall be paid after it has been converted using the Article 9 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the On delivery of the goods at the port of shipment, a currency of the Member State in which the operations handing-over certificate shall be supplied to the relating to the tendering are completed . successful tenderer, acting as agent for the Commu­ nity, by the agent of the recipient country or, in the 4. The intervention agency shall request the absence of the latter, by the intervention agency of the successful tenderer to supply the following informa­ tion : Member State in whose territory the port of shipment is situated . (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; Article 10 (b) the date of departure of the vessels .

The information indicated above shall be forwarded This Regulation shall enter into force on the day of its by the intervention agency to the Commission imme­ publication in the Official Journal of the European diately upon receipt. Communities.

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

Done at Brussels, 18 June 1976 .

For the Commission

P.J. LARDINOIS Member of the Commission