31978R1660

No L 192/36 Official Journal of the European Communities 15 . 7 . 78

COMMISSION REGULATION ( EEC) No 1660 / 78 of 14 July 1978 opening an invitation to tender for the mobilization of maize meal as food aid for the Comoros

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES , tion to tender for supplies to the Comoros will be fulfilled ; Having regard to the Treaty establishing the European Economic Community, Whereas the French intervention agency should be made responsible for the tendering procedure ; 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 1 254/78 (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 it proposed, by way common agricultural policy (4), as last amended by of Community action , to grant 500 tonnes of maize Regulation (EEC) No 2543/73 (5), and in particular meal to the Comoros under its 1977/78 food-aid Article 3 thereof ; 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 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 to the dock or in the lighter where applicable at the port of unloading ;

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 to the may relate to products mobilized anywhere within Comoros, by way of Community food-aid action , of those Member States ; whereas, in view of the currency 500 tonnes of maize meal . 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 currency situation in the Member State in which the France in two lots. The products shall be mobilized customs export formalities will be completed ; on the Community market. The products shall be loaded for departure from a Community port. Whereas the award under the invitation to tender 3 . The invitation to tender provided for in para­ must be made to the tenderer offering the best terms ; graph 1 is for supply of products to the dock, oi lighter where applicable, in the ports of : Whereas, should force majeure make it impossible to complete the operation in question within the time — Moroni (300 tonnes), limits specified, it must be made clear who is to bear the liability for any resulting costs ; — Mutsamudu (200 tonnes).

4. The successful tenderer shall deliver the Whereas provision should be made for security to be products in new cotton sacks of a net capacity of 5C given for the purpose of guranteeing that the obliga­ kg­ (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6. 1978 , 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 .

15. 7 . 78 No L 192/37 Official Journal of the European Communities

The minimum weight of the sacks shall be 180 grams. — in the case when the currencies concerned are kept at any given moment within a band of The following shall be printed on the sacks : 2-25 % , a conversion rate resulting from their central rate, 'Semoules de maïs / Don de la Communauté écono­ — in the other cases, the average of the spot rates of mique européenne aux Comores'. the currencies concerned recorded in the Member State in which the invitation to tender is issued To allow for the possibility of re-bogging, the during a period from the Wednesday of one week successful tenderer shall supply 2 % of new empty to the Tuesday of the following week, being the sacks of the same quality as those containing the period immediately preceding the closing date for goods but with the printing followed by a capital submission of tenders . letter 'R\

Article 4 Article 2 The contract shall be awarded to the tenderer offering 1 . The decision on tenders received in response to the best terms, taking into consideration the adjust­ the invitation provided for in Article 1 shall be taken ment referred to in Article 3 (3). on 28 July 1978 . However, if the tenders submitted do not appear to 2. The closing date for submission of tenders shall reflect normal market prices and costs, the interven­ be 28 July 1978 , at 12 noon . tion agency may cancel the invitation to tender.

3 . The notice of invitation to tender shall be published in the Official Journal of the European Article 5 Communities not later than nine days before the closing date for submission of tenders. 1 . The tenderer shall give security in an amount of 10 units of account per tonne of the products.

It shall be released : Article 3 — in the case of all tenderers whose tenders are 1 . The prices offered must be expressed in the unsuccessful or are not accepted, currency of the Member State in which the invitation to tender was issued . — in the case of the successful tenderer, when the operations concerned have been carried out within the prescribed time limit and on submission of 2. Tenders must in particular mention the Member the original export licence, duly granted and State in which the tenderer, in the event of his being endorsed by the competent authorities of the declared successful, expects to complete the customs Member State mentioned in the tender pursuant export formalities for the products concerned . to Article 3 ( 2), — 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 be corrected by the monetary compensatory amount applicable on the closing date for submission of tenders to exports from the Member 2. The security required under paragraph 1 may be State mentioned in the tender pursuant to paragraph provided in the form of a cash deposit or of a 2 . guarantee issued by a credit institution conforming to criteria laid down by each Member State . Such correction shall be made by :

— increasing prices which mention a Member State Article 6 whose currency has depreciated or a new Member State, The product referred to in Article 1 must meet the — reducing prices which mention a Member State following requirements : whose currency has been revalued . — moisture content : 12% maximum , The monetary compensatory amount shall , where — acidity : 0-6 % maximum . appropriate, be converted into the currency of the Member State in which the invitation to tender is Products not meeting these requirements shall be issued using : refused .

No L 192/38 Official Journal of the European Communities 15 . 7 . 78

Article 7 (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products 1 . The French intervention agency shall be respon­ and the type of packing ; sible for organizing the invitation to tender provided (b) the date of the departure of the ships, the esti­ for by this Regulation . mated date of arrival of the products at their desti­ 2 . It shall forthwith communicate to the Commis­ nation ; sion the list of firms which have responded to the invi­ (c) all possible contingencies which might occur tation to tender, specifying the terms of each tender, during transportation of the products. 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 such 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 last subpara­ payment. graph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations relating Article 9 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, 14 July 1978 .

For the Commission

Finn GUNDELACH Vice-President