31978R1383

24 . 6 . 78 Official Journal of the European Communities No L 167/23

COMMISSION REGULATION (EEC) No 1383/78

of 23 June 1978

opening an invitation to tender for the mobilization of durum wheat as food aid for the People's Republic of Mozambique

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 tion of the market in cereals ( ! ), as last amended by Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Regulation (EEC) No 11 25/78 (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 129 on the value of the unit of account and the Whereas on 30 January 1978 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 People's Republic Regulation (EEC) No 2543/73 (5), and in particular of Mozambique 1 500 tonnes of durum wheat under Article 3 thereof ; its 1976/77 and 1977/78 food-aid programme ;

Whereas the measures provided for in this Regulation Whereas pursuant to Article 3 (3) of Council Regula­ are in accordance with the opinion of the Manage­ tion (EEC) No 2750/75 the goods may be purchased ment Committee for Cereals, anywhere on the Community market ;

Whereas the proposed invitation to tender should be for supply of the products delivered Maputo that is at HAS ADOPTED THIS REGULATION : 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 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 People's those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure Republic of Mozambique of 1 500 tonnes of durum wheat . that the tenders are as comparable as possible, account should be taken of the effect on each tender of the currency situation in the Member State in which the 2. The tendering procedure shall take place in customs export formalities will be completed ; France in one lot. The product shall be mobilized on the Community market. The product shall be loaded Whereas - the contract should be awarded to the for departure from any Community port.

tenderer offering the best terms ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered Maputo, Whereas in case it should be impossible for reasons of that is at the moment when the goods are actually force majeure to complete the operation in question placed on the dock or in the lighter where applicable. within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; 4. The product shall be delivered in bulk . (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 142, 30 . 5 . 1978 , p. 21 . («) OJ No 106, 30 . 10 . 1962, p. 2553/62. P OJ No L 281 , 1 . 11 . 1975, p. 89 . 5 OJ No L 263, 19 . 9 . 1973, p . 1 .

No L 167/24 24 . 6 . 78 Official Journal of the European Communities

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 7 July 1978 .

It shall be released : 2. The closing date for submission of tenders shall be 7 July 1978 at 12 noon. — in the case of all tenderers whose tenders are 3 . The notice of invitation to tender shall be unsuccessful or are not accepted, published in the Official Journal of the European — in the case of the successful tenderer, when the Communities not less than nine days before the operations concerned have been carried out within closing date for submission of tenders. the prescribed time limit and on submission of the original export licence duly granted and Article 3 endorsed by the competent authorities of the Member State mentioned in the tender pursuant 1 . The prices offered must be expressed in the to Article 3 (2), currency of the Member State in which the invitation to tender was issued . — in the case of the successful tenderer for quantities not supplied by reason of force majeure. 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being 2. The security required under paragraph 1 may be declared successful, expects to complete the customs provided in the form of a cash deposit or of a export formalities for the products concerned. guarantee issued by a credit institution conforming to criteria laid down by each Member State. 3. For the purpose of tendering the tenders compar­ able, the prices shall, where appropriate, be corrected by the monetary compensatory amount applicable on Article 6 the closing date for submission of tenders to exports from the Member State mentioned in the tender The product referred to in Article 1 must be of fair pursuant to paragraph 2. and sound merchantable quality, be free from odour, and correspond at least to the standard quality for Such correction shall be made by : which the intervention price is fixed. — 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 — in the case when the currencies concerned are tation to tender, specifying the terms of each tender, 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 the currencies concerned recorded in the Member mobilized product are completed in a Member State 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 period immediately preceding the closing date for tenderer. submission of tenders .

In this case, the intervention agency choosing the Article 4 successful tenderer shall immediately inform the inter­ 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).

However, if the tenders submitted do not appear to Furthermore, the amount of the successful tender reflect normal market prices and costs, the interven­ shall be paid after it has been converted using the tion agency may cancel the invitation to tender. average of the spot rates referred to in the second

24 . 6 . 78 Official Journal of the European Communities No L 167/25

subparagraph of Article 3 (3) to the tenderer in the shall send as soon as possible to the latter the informa­ currency of the Member State in which the operations tion necessary for releasing the security. relating to the tendering are completed.

Article 8 4. The intervention agency shall request the successful tenderer to supply the following informa­ tion : As regards this tender, the intervention agency is auth­ orized to make an initial payment of 80 % of the (a) after each shipment, a certificate showing the quan­ value of the quantity given in the bill of lading, on tities dispatched and the quality of the products ; presentation of that document and subject to the (b) the date of departure of the vessels. taking of a security for an amount equal to the initial payment. The information indicated above shall be forwarded by the intervention agency to the Commission imme­ Article 9 diately upon receipt.

5. When the intervention agency responsible for This Regulation shall enter into force on the day of its the operations relating to tendering is not the interven­ publication in the Official Journal of the European Communities. tion agency which appoints the successful tenderer, it

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

Done at Brussels, 23 June 1978 .

For the Commission

Finn GUNDELACH

Vice-President