31977R0457

5 . 3 . 77 Official Journal of the European Communities No L 60/5

COMMISSION REGULATION ( EEC) No 457 /77 of 4 March 1977 opening an invitation to tender for the mobilization of maize as food aid for the World Food Programme

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 for the supply of wheat to the WFP ; 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 3138 / 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 fixing criteria for the Whereas the Monetary Committee will be consulted ; mobilization of cereals intended as food aid (3), and in whereas, in view of the urgency, the measures envis­ 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 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 World Food common agricultural policy (4), as last amended by Programme (WFP) 7 953 tonnes of maize under its Regulation (EEC) No 2543/73 (5), and in particular 1975/76 food-aid programme ; Article 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 HAS ADOPTED THIS REGULATION : the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ;

Article 1 Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 1 . Tenders are hereby invited for the supply to the may relate to products mobilized anywhere within World Food Programme by way of Community food­ those Member States ; whereas, in view of the currency aid action of : situation in the Member States and in order to ensure that the tenders are as comparable as possible, account — 7 953 tonnes of maize (1 953 tonnes, 2 000 tonnes, should be taken of the effect on each tender of the 2 000 tonnes, 2 000 tonnes). 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 four lots. The product shall be mobilized on Whereas the award under the invitation to tender the Community market. The product shall be loaded must be made in favour of the tenderer offering the for departure from any Community port. best terms ; 3. The maize is to be delivered in new jute sacks of Whereas, should force majeure make it impossible to a net capacity of 50 kilograms to the port of shipment complete the operation in question within the set in the vicinity of the vessel. The goods must be set time limits, it should be made clear who is to bear the down at the place nominated by the recipient country liability for any resulting costs ; or its 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 354, 24. 12. 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 .

No L 60/ 6 5 . 3 . 77 Official Journal of the European Communities

The minimum weight of the sacks shall be 600 grams. State in which the invitation to tender is issued during a period from the Wednesday of one week The following shall be printed on the sacks : to the Tuesday of the following week being the 'Milho / Dom da Comunidade economica europeia / period immediately preceding the closing date for submission of tenders . Ac?ao do programa alimentar mundiaf.

To allow for the possibility of re-bagging, the Article 4 successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the The contract shall be awarded to the tenderer offering goods but with the printing followed by a capital the best terms, taking into consideration the adjust­ letter 'R'. ment referred to in Article 3 (3).

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 18 March 1977 . Article 5 2. The closing date for submission of tenders shall If the tenderer is unable to deliver the goods in be 18 March 1977 at 12 noon . compliance with Article 1 (3) on the date given in the 3 . The notice of invitation to tender shall be notice of invitation to tender as a result of the late published in the Official Journal of the European availability of the vessels to be used for sea transporta­ Communities not less than nine days before the tion, the resulting costs shall be borne by the interven­ closing date for submission of tenders. tion agency.

Article3¶

1 . The prices offered must be expressed in the 1 . The tenderer shall give security in an amount of currency of the Member State in which the invitation five units of account per tonne of goods. to tender was issued . It shall be released : 2. Tenders must in particular mention the Member — in the case of all tenderers whose tenders are 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 3 . For the purpose of rendering the tenders compar­ the prescribed time limit and on submission of able, the prices shall, where appropriate, be corrected the original export licence duly granted and by the monetary compensatory amount and the acces­ endorsed by the competent authorities of the sion compensatory amount applicable on the closing Member State mentioned in the tender pursuant date for submission of tenders to exports from the to Article 3 (2), Member State mentioned in the tender pursuant to — in the case of the successful tenderer for quantities paragraph 2. not supplied by reason of force majeure. Such correction shall be made by : 2. The security required under paragraph 1 may be — increasing prices which mention a Member State provided in the form of a cash deposit or of a whose currency has depreciated or a new Member guarantee issued by a credit institution conforming to State, criteria laid down by each Member State. — reducing prices which mention a Member State whose currency has been revalued. Article 7

The monetary compensatory amount shall, where The maize referred to in Article 1 to be supplied to appropriate, be converted into the currency of the the WFP must be of fair and sound merchantable Member State in which the invitation to tender is quality and correspond at least to the standard quality issued using : for which the intervention price is fixed. — in the case when the currencies concerned are kept at any given moment within a band of Article 8 2-25 % , a conversion rate resulting from 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 .

5 . 3 . 77 Official Journal of the European Communities No L 60 / 7

2. It shall forthwith communicate to the Commis­ 4. The intervention agency shall request the sion the list of firms which have responded to the invi­ successful tenderer to supply the following informa­ tation to tender, specifying the terms of each tender, tion : together with the name and business name of the successful tenderer. (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; 3 . Where the customs export formalities for the (b) the date of departure of the vessels . mobilized product are completed in a Member State 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 by the intervention agency to the Commission imme­ State shall be responsible for the operations following diately upon receipt. tendering, including payment to the successful 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 Article 9 be paid after it has been converted using the average of the spot rates referred to in the second 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, 4 March 1977 . For the Commission

Finn GUNDELACH Vice-President