31977R2547

No L 296/ 10 Official Journal of the European Communities 19 . 11 . 77

COMMISSION REGULATION (EEC) No 2547/77 of 18 November 1977 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Senegal

THE COMMISSION OF THE EUROPEAN Whereas the French intervention agency should be COMMUNITIES , made responsible for the tendering procedure in ques­ tion ; Having regard to the Treaty establishing the European Economic Community, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( !), as last amended by Regulation (EEC) No 1 386/77 (2 ), Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis­ Having regard to Council Regulation (EEC) No aged should be adopted in accordance with the condi­ 2750/75 of 29 October 1975 laying down the condi­ tions laid down in Article 3 (2) of Council Regulation tions for the mobilization of cereals as food aid (3), and No 129 on the value of the unit of account and the in particular Article 6 thereof, exchange rates to be applied for the purposes of the common agricultural policy (4), as last amended by Whereas on 8 February 1977 the Council of the Euro­ Regulation (EEC) No 2543/73 (5), and in particular pean Communities declared that by way of Commu­ Article 3 thereof ; nity action it proposed to grant the Republic of Senegal 4 000 tonnes of maize under its 1975/76 food­ Whereas the measures provided for in this Regulation aid programme ; are in accordance with the opinion of the Manage­ ment Committee for Cereals, Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas tenders should be invited for the supply of HAS ADOPTED THIS REGULATION : the product to the port of shipment in the vicinity of 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, by may relate to products mobilized anywhere within way of Community food-aid action , to the Republic of those Member States ; whereas, in view of the currency Senegal , of 4 000 tonnes of maize . situation in the Member States and in order to ensure 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 France in one lot . currency situation in the Member State in which the customs export formalities will be completed ; 3 . The product shall be mobilized on the Commu­ Whereas the contract should be awarded to the nity market. tenderer offering the best terms ; 4. Shipment shall be from a Community port. Whereas in case it should be impossible for reasons of force majeure to complete the operation in question within the set time limits, it must be made clear who 5 . The product referred to in paragraph 1 is to be delivered in new jute sacks of a net capacity of 50 kilo­ is to bear any costs resulting therefrom ; grams to the port of shipment in the vicinity of the Whereas provision should be made for security to be vessel . The goods must be set down at the place nomi­ given to guarantee fulfilment of the obligations arising nated by the recipient country or its agent, the timing by virtue of participation in the invitation to tender ; of delivery being settled by the tenderer and the recip­ ient country's agent. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 158 , 29 . 6 . 1977, 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 . 11 . 77 Official Journal of the European Communities No L 296/ 11

Minimum weight of the sacks shall be 600 grams. The during a period from the Wednesday of one week following shall be printed on the sacks : to the Tuesday of the following week being the period immediately preceding the closing date for 'Mais — Don de la Communaute economique euro­ submission of tenders . peenne a la Republique du Senegal.'

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 on 2 December 1977 . Article 5

2. The closing date for submission of tenders shall If the tenderer is unable to deliver the goods in be 2 December 1977 at 12 noon . compliance with Article 1 (5) 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 tion, the resulting costs shall be borne by the interven­ Communities not less than nine days before the tion agency. closing date for submission of tenders. Article 6 Article 3 1 . The tenderer shall give security of a value of five 1 . The prices offered must be expressed in the units of account per tonne of goods. currency of the Member State in which the invitatio.n 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 unsuccessful or are not accepted, State in which the tenderer, in the event of his being 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 — increasing prices which mention a Member State guarantee issued by a credit institution conforming to whose currency has depreciated or a new Member criteria laid down by each Member State. State, — reducing prices which mention a Member State Article 7 whose currency has been revalued . The product referred to in Article 1 must be of fair The monetary compensatory amount shall, where and sound merchantable quality and correspond at appropriate, be converted into the currency of the least to the standard quality for which the interven­ Member State in which the invitation to tender is tion price is fixed. issued using : If the product does not meet these requirements it — in the case when the currencies concerned are shall be refused . kept at any given moment within a band of 2-25 % , a conversion rate resulting from their Article 8 central rate, — in the other cases, the average of the spot rates of 1 . The French intervention agency shall be respon the currencies concerned recorded in the Member sible for organizing the invitation to tender provide< State in which the invitation to tender is issued for by this Regulation .

No L 296/ 12 Official Journal of the European Communities 19 . 11 . 77

2 . It shall forthwith communicate to the Commis­ (a) after each shipment a certificate showing the quan­ sion the list of firms which have responded to the invi­ tities dispatched and the quality of the products ; tation to tender, specifying the terms of each tender, (b) the date of departure of the vessels. together with the name and business name of the successful tenderer. The information indicated above shall be forwarded by the intervention agency to the Commission imme­ 3 . Where the customs export formalities for the diately upon receipt. mobilized product are completed in a Member State other than that in which the invitation to tender is 5. When the intervention agency responsible for issued, the intervention agency of the latter Member the operations relating to tendering is not the interven­ State shall be responsible for the operations following tion agency which appoints the successful tenderer, it tendering, including payment to the successful shall send as soon as possible to the latter the informa­ tenderer. tion necessary for releasing the security.

In this case, the intervention agency choosing the Article 9 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and On delivery of the goods at the port of shipment, a shall supply it with all the information which it may handing-over certificate shall be supplied to the require. successful tenderer, acting as agent for the Commu­ nity, by the agent of the recipient country, or, in the Furthermore, the amount of the successful tender absence of the latter, by the intervention agency of the shall be paid after it has been converted using the Member State in whose territory the port of shipment average of the spot rates referred to in the second is situated . subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations relating to the tendering are completed. Article 10

4. The intervention agency shall request the This Regulation shall enter into force on the day of its successful tenderer to supply the following informa­ publication in the Official Journal of the European tion : Communities.

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

Done at Brussels, 18 November 1977. For the Commission Finn GUNDELACH Vice-President