31978R0807

No L 108 / 14 22 . 4 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 807 / 78

of 21 April 1978

opening an invitation to tender for the mobilization of maize as food aid for the Republic of Upper Volta

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 last amended by No 129 on the value of the unit of account and the Regulation (EEC) No 2560/77 (2), exchange rates to be applied for the purposes of the common agricultural policy (4 ), as last amended by Having regard to Council Regulation (EEC) No Regulation ( EEC) No 2543 /73 (5), and in particular 2750/75 of 29 October 1975 laying down the condi­ Article 3 thereof ; tions for the mobilization of cereals as food aid (3 ), and 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 by way of Commu­ ment Committee for Cereals, nity action it proposed to grant the Republic of Upper Volta of 8 500 tonnes of maize 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 Article 1 anywhere on the Community market ;

Whereas the proposed invitation to tender should be 1 . Tenders are hereby invited for the supply, by for supply of the products delivered to Ouagadougou ; way of Community food-aid action , to the Republic of Upper Volta of 8 500 tonnes of maize . Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 2. The tendering procedure shall take place in may relate to products mobilized anywhere within France in one lot. The product shall be mobilized on those Member States ; whereas, in view of the currency the Community market. The product shall be loaded situation in the Member States and in order to ensure for departure from any Community port. that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 3 . The invitation to tender provided for in para­ currency situation in the Member State in which the graph 1 is for supply of the products delivered to customs export formalities will be completed ; Ouagadougou .

Whereas the contract should be awarded to the 4. The successful tenderer shall deliver the product tenderer offering the best terms ; specified in paragraph 1 in new jute sacks of a net capacity of 50 kilograms. Whereas in case it should be impossible for reasons of force majeure to complete the operation in question Minimum weight of the sacks shall be 600 grams . The within the set time limits, it must be made clear who following shall be printed on the sacks : is to bear any costs resulting therefrom ;

Maïs / Don de la Communauté économique euro­ Whereas provision should be made for security to be péenne à la Haute Volta'. given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; To allow for the possibility of re-bagging the Whereas the French intervention agency should be successful tenderer shall supply 2 % of new empty made responsible for the tendering procedure in ques­ sacks of the same quality as those containing the tion ; goods but with the printing followed by a capital letter ' R\

(') 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 . (5) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

22. 4 . 78 Official Journal of the European Communities No L 108 / 15

Article2¶

1 . The decision on tenders received in response to 1 . The tenderer shall give security of a value of five the invitation provided for in Article 1 shall be taken units of account per tonne of goods. on 5 May 1978 . It shall be released : 2. The closing date for submission of tenders shall — in the case of all tenderers whose tenders are be 5 May 1978 , at 12 noon . unsuccessful or are not accepted, 3 . The notice of invitation to tender shall be — in the case of the successful tenderer, when the published in the Official Journal of the European operations concerned have been carried out within Communities not less than nine days before the the prescribed time limit and on submission of closing date for submission of tenders. the original export licence duly granted and endorsed by the competent authorities of the Article 3 Member State mentioned in the tender pursuant to Article 3 (2), 1 . The prices offered must be expressed in the — in the case of the successful tenderer for quantities currency of the Member State in which the invitation to tender was issued . not supplied by reason of force majeure.

2. The security required under paragraph 1 may be 2. Tenders must in particular mention the Member provided in the form of a cash deposit or of a State in which the tenderer, in the event of his being guarantee issued by a credit institution conforming to declared successful, expects to complete the customs criteria laid down by each Member State . export formalities for the products concerned.

3. For the purpose of rendering the tenders compar­ Article 6 able, the prices shall, where appropriate, be corrected by the monetary compensatory amount applicable on The product referred to in Article 1 must be of fair the closing date for submission of tenders to exports and sound merchantable quality and correspond at from the Member State mentioned in the tender least to the standard quality for which the interven­ pursuant to paragraph 2. tion price is fixed .

Such correction shall be made by : If the product does not meet these requirements it shall be refused . — increasing prices which mention a Member State whose currency has depreciated or a new Member State, Article 7 — reducing prices which mention a Member State whose currency has been revalued . 1 . The French intervention agency shall be respon­ sible for organizing the invitation to tender provided The monetary compensatory amount shall , where for by this Regulation . appropriate, be converted into the currency of the Member State in which the invitation to tender is 2 . It shall forthwith communicate to the Commis­ issued using : sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, — in the case when the currencies concerned are together with the name and business name of the kept at any given moment within a band of successful tenderer . 2-25 % , a conversion rate resulting from their central rate, 3 . Where the customs export formalities for the — in the other cases, the average of the spot rates of mobilized product are completed in a Member State the currencies concerned recorded in the Member other than that in which the invitation to tender is State in which the invitation to tender is issued issued, the intervention agency of the latter Member during a period from the Wednesday of one week State shall be responsible for the operations following to the Tuesday of the following week being the tendering, including payment to the successful ten­ period immediately preceding the closing date for derer. submission of tenders . In this case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 4 vention agency of the Member State concerned and The contract shall be awarded to the tenderer offering shall supply it with all the information which it may the best terms, taking into consideration the adjust­ require . ment referred to in Article 3 (3). Furthermore, the amount of the successful tender However, if the tenders submitted do not appear to shall be paid after it has been converted using the reflect normal market prices and costs, the interven­ average of the spot rates referred to in the second tion agency may cancel the invitation to tender. subparagraph of Article 3 (3) to the tenderer in the

No L 108 / 16 22. 4 . 78 Official Journal of the European Communities

currency of the Member State in which the operations tion agency which appoints the successful tenderer, it relating to the tendering are completed . shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. 4. The intervention agency shall request the successful tenderer to supply the following informa­ tion : Article 8 (a) after each shipment a certificate showing the quan­ As regards this tender the intervention agency is auth­ tities dispatched and the quality of the products ; orized to make an initial payment of 80 % of the (b) the date of the departure of the ships ; the value of the quantity given in the bill of lading, on expected date of arrival of the products at their presentation of that document and subject to the destination ; taking of a security for an amount equal to the initial (c) all possible contingencies which might occur payment . during transportation of the products .

The intervention agency shall transmit the informa­ Article 9 tion provided for to the Commission as soon as it is received . This Regulation shall enter into force on the day of its 5. When the intervention agency responsible for publication in the Official Journal of the European Communities. the operations relating to tendering is not the interven­

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

Done at Brussels, 21 April 1978 .

For the Commission

Finn GUNDELACH

Vice-President