31978R0763

15 . 4 . 78 Official Journal of the European Communities No L 103/ 11

COMMISSION REGULATION (EEC) No 763/78 of 14 April 1978 opening an invitation to tender for the mobilization of grain sorghum as food aid for the Republic of Niger

THE COMMISSION OF THE EUROPEAN Whereas the Commission must be informed quickly COMMUNITIES , of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the Treaty establishing the European Economic Community, 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 2727/ 75 of 29 October 1975 on the common organiza­ tions laid down in Article 3 (2) of Council Regulation tion of the market in cereals ('), as amended by Regula­ No 129 on the value of the unit of account and the tion ( EEC) No 2560 /77 (2 ), exchange rates to be applied for the purposes of the Having regard to Council Regulation ( EEC) No common agricultural policy (4), as last amended by 2750/75 of 29 October 1975 laying down the condi­ Regulation (EEC) No 2543/73 (5), and in particular tions for the mobilization of cereals as food aid (3 ), and Article 3 thereof ; in particular Article 6 thereof, Whereas the measures provided for in this Regulation Whereas on 30 January 1978 the Council of the Euro­ are in accordance with the opinion of the Manage­ pean Communities declared that it proposed, by way ment Committee for Cereals, of Community action , to grant 4 000 tonnes of grain sorghum to the Republic of Niger under its 1977/78 food-aid programme ; HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula­ 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 1 . Tenders are hereby invited for the supply to the for supply of the products delivered to Niamey ; Republic of Niger by way of Community food-aid Whereas tenders may be submitted by tenderers esta­ action of 4 000 tonnes of grain sorghum . blished in any Member State of the Community and may relate to products mobilized anywhere within 2. The tendering procedure shall take place in those Member States ; whereas , in view of the currency France in one lot. The products shall be mobilized on situation in the Member States and in order to ensure the Community market. The products shall be loaded that the tenders are as comparable as possible, account for departure from a Community port. should be taken of the effect on each tender of the currency situation in the Member State in which the 3 . The invitation to tender provided for in para­ customs export formalities will be completed ; graph 1 is for supply of the products delivered to Niamey. Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; 4. The successful tenderer shall deliver the product specified in paragraph 1 in new jute sacks of a net Whereas , should force majeure make it impossible to capacity of 50 kilograms. complete the operation in question within the time limits specified , it must be made clear who is to bear Minimum weight of the sacks shall be 600 grams. The the liability for any resulting costs ; following shall be printed on the sacks : Whereas provision should be made for security to be Sorgho / Don de la Communauté économique euro­ given for the purpose of guaranteeing that the obliga­ péenne à la république du Niger'. tions arising by virtue of participation in the invita­ tion to tender for supplies to the Republic of Niger To allow for the possibility of re-bagging, the will be fulfilled ; successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the Whereas the French intervention agency should be goods but with the printing followed by a capital made responsible for the tendering procedure ; letter 'R'. (') OJ No L 281 , 1 . 1 1 . 1975, p. 1 . I2) OJ No L 303, 28 . 11 . 1977, p. 3 . (4) OJ No 106, 30 . 10. 1962, p. 2553 /62. 4 OJ No L 281 , 1 . 1 1 . 1975, p. 89. (5 ) OJ No L 263, 19. 9 . 1973, p. 1 .

No L 103/ 12 15 . 4 . 78 Official Journal of the European Communities

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 28 April 1978 . Article 5 2. The closing date for submission of tenders shall be 28 April 1978 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be five units of account per tonne of the products. published in the Official Journal of the European Communities not later than nine days before the It shall be released : closing date for submission of tenders. — in the case of all tenderers whose tenders are unsuccessful or are not accepted, Article 3 — in the case of the successful tenderer, when the 1 . The prices offered must be expressed in the operations concerned have been carried out within currency of the Member State in which the invitation the prescribed time limit and on submission of to tender was issued . the original export licence, duly granted and endorsed by the competent authorities of the 2. Tenders must in particular mention the Member Member State mentioned in the tender pursuant State in which the tenderer, in the event of his being to Article 3 (2), declared successful, expects to complete the customs export formalities for the products concerned. — in the case of the successful tenderer for quantities not supplied by reason of force majeure. 3. For the purpose of rendering the tenders compar­ able, the prices shall, where appropriate, be corrected 2. The security required under paragraph 1 may "be by the monetary compensatory amount and the acces­ provided in the form of a cash deposit or of a sion compensatory amount applicable on the closing guarantee issued by a credit institution conforming to date for submission of tenders to exports from the criteria laid down by each Member State. Member State mentioned in the tender pursuant to paragraph 2. Article 6 Such correction shall be made by : — increasing prices which mention a Member State 1 . The product specified in Article 1 to be supplied whose currency has depreciated or a new Member for human consumption to the Republic of Niger State, must meet the following requirements : — reducing prices which mention a Member State whose currency has been revalued. it must be of fair and sound merchantable quality, free from odour, with a moisture content not exceeding The monetary compensatory amount shall, where 14% . appropriate, be converted into the currency of the Member State in which the invitation to tender is 2. Tenders for supply to the Republic of Niger of issued using : the product specified in Article 1 must relate to — in the case when the currencies concerned are products having the following characteristics : kept at any given moment within a band of 2-25 %, a conversion rate resulting from their fair and sound merchantable quality, free from odour, central rate, with a moisture content not exceeding 14 % . — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member State in which the invitation to tender is issued Article 7 during a period from the Wednesday of one week to the Tuesday of the following week being the 1 . The French intervention agency shall be respon­ period immediately preceding the closing date for sible for organizing the invitation to tender provided submission of tenders . for by this Regulation .

Article 4 2. It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer offering tation to tender, specifying the terms of each tender, Jthe best terms, taking into consideration the adjust­ together with the name and business name of the ment referred to in Article 3 (3). successful tenderer.

15 . 4. 78 Official Journal of the European Communities No L 103 / 13

3. Where the customs export formalities for the (c) all possible contingencies which might occur mobilized product are completed in a Member State during transportation of the products. other than that in which the invitation to tender is issued, the intervention agency of the latter Member The information indicated above shall be forwarded State shall be responsible for the operations following by the intervention agency to the Commission imme­ tendering, including payment to the successful diately upon receipt. 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 be paid after it has been converted using the Article 8 average of the spot rates referred to in the last subpara­ graph of Article 3 (3) to the tenderer in the currency As regards this tender the intervention agency is auth­ of the Member State in which the operations relating orized to make an initial payment of 80 % of the to the tendering are completed. value of the quantity given in the bill of lading, on presentation of that document and subject to the 4. The intervention agency shall request the taking of a security for an amount equal to the initial successful tenderer to supply the following informa­ payment. tion : (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products Article 9 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, 14 - April 1978 .

For the Commission

Finn GUNDELACH Vice-President