31977R0916

30 . 4 . 77 Official Journal of the European Communities No L 108 /55

COMMISSION REGULATION (EEC) No 916/77 of 29 April 1977 opening an invitation to tender for the mobilization of maize flour as food aid for the Kingdom of Lesotho

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 last amended by whereas, in view of the urgency, the measures envis­ Regulation (EEC) No 3138/76 (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 8 February 1977 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 72 tonnes of maize are in accordance with the opinion of the Manage­ flour to the Kingdom of Lesotho under its 1976/77 ment Committee for Cereals, food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ HAS ADOPTED THIS REGULATION : tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; Article 1 Whereas the proposed invitation to tender should be for supply of the products delivered to Maseru ; 1 . Tenders are hereby invited for the supply to the Kingdom of Lesotho by way of Community food-aid Whereas tenders may be submitted by tenderers esta­ action of : blished in any Member State of the Community and may relate to products mobilized anywhere within — 72 metric tons of maize flour. those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 2. The tendering procedure shall take place in that the tenders are as comparable as possible, account France in one lot. The products shall be mobilized on should be taken of the effect on each tender of the the Community market. The products shall be loaded currency situation in the Member State in which the for departure from a Community port. customs export formalities will be completed ; 3 . The invitation to tender provided for in para­ Whereas the award under the invitation to tender graph 1 is for supply of products delivered to Maseru. must be made to the tenderer offering the best terms ; 4. The successful tenderer shall deliver the Whereas, should force majeure make it impossible to products in new cotton sacks of a net capacity of 50 complete the operation in question within the time kilograms. limits specified, it must be made clear who is to bear the liability for any resulting costs ; The minimum weight of the sacks shall be 180 grams.

Whereas provision should be made for security to be The following shall be printed on the sacks : given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ 'Milled maize flour / Gift of the European Economic tion to tender for supplies to Lesotho will be fulfilled ; Community to the Kingdom of Lesotho / For free distribution '. (') 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. O OJ No L 281 , 1 . 11 . 1975, p . 89 . (5) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

No L 108/56 Official Journal of the European Communities 30 . 4. 77

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).

However, if the tenders submitted do not appear to Article 2 reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Article 5 on 13 May 1977. 1 . The tenderer shall give security in an amount of 2. The closing date for submission of tenders shall 10 units of account per tonne of the products : be 13 May 1977 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 Communities not later than nine days before the unsuccessful or are not accepted, closing date for submission of tenders. — in the case of the successful tenderer, when the operations concerned have been carried out within the prescribed time limit and on submission of Article 3 the original export licence, duly granted and 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 tender was issued. to Article 3 (2). — in the case of the successful tenderer for quantities 2. Tenders must in particular mention the Member not supplied by reason of force majeure. State in which the tenderer, in the event of his being declared successful, expects to complete the customs 2. The security required under paragraph 1 may be export formalities for the products concerned. provided in the form of a cash deposit or of a 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 and the acces­ Article 6 sion compensatory amount applicable on the closing date for submission of tenders to exports from the The product referred to in Article 1 must meet the Member State mentioned in the tender pursuant to following requirements : paragraph 2. — moisture content : maximum 12% , Such correction shall be made by : — acidity : 0-6 %o maximum . — increasing prices which mention a Member State Produce not meeting these requirements shall be whose currency has depreciated or a new Member refused. State, — reducing prices which mention a Member State Article 7 whose currency has been revalued . 1 . The French intervention agency shall be respon­ The monetary compensatory amount shall, where sible for organizing the invitation to tender provided appropriate, be converted into the currency of the for by this Regulation . Member State in which the invitation to tender is issued using : 2. It shall forthwith communicate to the Commis­ — in the case when the currencies concerned are sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, kept at any given moment within a band of together with the name and business name of the 2-25 % , a conversion rate resulting from their successful tenderer. central rate, — in the other cases, the average of the spot rates of 3 . Where the customs export formalities for the the currencies concerned recorded in the Member mobilized product are completed in a Member State State in which the invitation to tender is issued other than that in which the invitation to tender is during a period from the Wednesday of one week issued, the intervention agency of the latter Member to the Tuesday of the following week being the State shall be responsible for the operations following period immediately preceding the closing date for tendering, including payment to the successful submission of tenders . tenderer.

30 . 4 . 77 Official Journal of the European Communities No L 108 / 57

In such case, the intervention agency choosing the (c) all possible contingencies which might occur succesful tenderer shall immediately inform the inter­ during transportation of the products. vention agency of the Member State concerned and shall supply it with all the information which it may The information indicated above shall be forwarded require. by the intervention agency to the Commission imme­ Furthermore, the amount of the successful tender diately upon receipt. shall be paid after it has been converted using the average of the spot rates referred to in the last subpara­ 5. When the intervention agency responsible for graph of Article 3 (3) to the tenderer in the currency the operations relating to tendering is not the interven­ of the Member State in which the operations relating tion agency which appoints the successful tenderer, it to the tendering are completed. shall send as soon as possible to the latter the informa­ 4. The intervention agency shall request the tion necessary for releasing the security. successful tenderer to supply the following informa­ tion : (a) after each shipment, a statement giving details of Article 8 the quantities loaded, the quality of the products and the type of packing ; (b) the date of the departure of the ships, the esti­ This Regulation shall enter into force on the day of its mated date of arrival of the products at their desti­ publication in the Official Journal of the European nation : Communities.

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

Done at Brussels, 29 April 1977.

For the Commission Finn GUNDELACH Vice-President