31978R0553

18 . 3 . 78 No L 76/5 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 553/78 of 17 March 1978 opening an invitation to tender for the mobilization of maize as food aid for the United Nations High Commission for Refugees

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 tion ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas the Commission must be informed quickly tion of the market in cereals ('), as last amended by of the tenders submitted in response to the invitation Regulation (EEC) No 2560/77 (2), and of those accepted by the intervention agency ;

Having regard to Council Regulation (EEC) No Whereas the Monetary Committee will be consulted ; 2750/75 of 29 October 1975 laying down the condi­ whereas, in view of the urgency, the measures envis­ tions for the mobilization of cereals as food aid (3 ), and aged should be adopted in accordance with the condi­ in particular Article 6 thereof, tions laid down in Article 3 (2) of Council Regulation No 1 29 on the value of the unit of account and the Whereas on 8 February 1977 the Council of the Euro­ exchange rates to be applied for the purposes of the pean Communities declared that by way of Commu­ common agricultural policy (4), as last amended by nity action it proposed to grant the United Nations Regulation (EEC) No 2543/73 (5), and in particular High Commission for Refugees 3 750 tonnes of maize Article 3 thereof ; under its 1 976/77 food-aid programme ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas pursuant to Article 3 (3) of Council Regula­ ment Committee for Cereals, tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas the proposed invitation to tender should be HAS ADOPTED THIS REGULATION : for supply of the products delivered Lobito, that is at the moment when the goods are actually placed on the dock or in the lighter where applicable ; Article 1

Whereas tenders may be submitted by tenderers esta­ 1 . Tenders are hereby invited for the supply, by blished in any Member State of the Community and way of Community food-aid action, to the United may relate to products mobilized anywhere within Nations High Commission for Refugees, of 3 750 those Member States ; whereas, in view of the currency tonnes of maize . situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 2. The tendering procedure shall take place in should be taken of the effect on each tender of the France in one lot. The product shall be mobilized on currency situation in the Member State in which the the Community market. The product shall be loaded customs export formalities will be completed ; for departure from any Community port.

Whereas the contract should be awarded to the 3 . The invitation to tender provided for in para­ tenderer offering the best terms ; graph 1 is for supply of products delivered Lobito, that is at the moment when the goods are actually placed on the dock or in the lighter where applicable. 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 4. The successful tenderer shall deliver the product is to bear any costs resulting therefrom ; specified in paragraph 1 in new jute sacks of a net capacity of 50 kilograms. ') OJ No L 281 , 1 . 11 . 1975, p. 1 . '2) OJ No L 303, 28 . 11 . 1977, p. 1 . (4) OJ No 106, 30. 10 . 1962, p. 2553/62. '3) OJ No L 281 , 1 . 11 . 1975, p. 89 . («) OJ No L 263, 19 . 9. 1973, p. 1 .

No L 76/ 6 18 . 3 . 78 Official Journal of the European Communities

Minimum weight of the sacks shall be 600 grams. The in the other cases, the average of the spot rates of following shall be printed on the sacks : the currencies concerned recorded in the Member State in which the invitation to tender is issued Maïs — Don de la CEE — Action UNHCR en during a period from the Wednesday of one week Angola — À distribuer gratuitement'. to the Tuesday of the following week being the period immediately preceding the closing date for To allow for the possibility of re-bagging the submission of tenders . successful tenderer shall supply 2 % of new empty sacks of the same quality as those containing the goods but with the printing followed by a capital Article 4 letter 'R'.

The contract shall be awarded to the tenderer offering Article 2 the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken However, if the tenders submitted do not appear to on 31 March 1978 . reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 2. The closing date for submission of tenders shall be 31 March 1978 at 12 noon . Article 5 3 . The notice of invitation to tender shall be published in the Official Journal of the European 1 . The tenderer shall give security of a value of five Communities not less than nine days before the units of account per tonne of goods. closing date for submission of tenders. It shall be released : Article 3 — in the case of all tenderers whose tenders are unsuccessful or are not accepted, 1 . The prices offered must be expressed in the — in the case of the successful tenderer, when the currency of the Member State in which the invitation to tender was issued . operations concerned have been carried out within the prescribed time limit and on submission of the original export licence duly granted and 2. Tenders must in particular mention the Member endorsed by the competent authorities of the State in which the tenderer, in the event of his being Member State mentioned in the tender pursuant declared successful, expects to complete the customs to Article 3 (2), export formalities for the products concerned. — in the case of the successful tenderer for quantities 3. For the purpose of rendering the tenders compar­ not supplied by reason of force majeure. able, the prices shall, where appropriate, be corrected by the monetary compensatory amount and the acces­ 2. The security required under paragraph 1 may be sion compensatory amount applicable on the closing provided in the form of a cash deposit or of a date for submission of tenders to exports from the guarantee issued by a credit institution conforming to Member State mentioned in the tender pursuant to criteria laid down by each Member State. paragraph 2.

Such correction shall be made by : Article 6

— increasing prices which mention a Member State The product referred to in Article 1 must be of fair whose currency has depreciated or a new Member State, and sound merchantable quaflity and correspond at least to the standard quality for which the interven­ — reducing prices which mention a Member State tion price is fixed. whose currency has been revalued. If the product does not meet these requirements it The monetary compensatory amount shall, where shall be refused . appropriate, be converted into the currency of the Member State in which the invitation to tender is issued using : Article 7 — 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.

18 . 3 . 78 No L 76/7 Official Journal of the European Communities

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 successful tenderer shall immediately inform the inter­ Article 8 vention agency of the Member State concerned and shall supply it with all the information which it may As regards this tender, the intervention agency is auth­ require . orized to make an initial payment of 80 % of the value of the quantity given in the bill of lading, on Furthermore, the amount of the successful tender presentation of that document and subject to the shall be paid after it has been converted using the taking of a security for an amount equal to the initial average of the spot rates referred to in the second payment. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 9 relating to the tendering are completed.

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, 17 March 1978 .

For the Commission Finn GONDELACH Vice-President