31978R1796

29 . 7 . 78 Official Journal of the European Communities No L 205/43

COMMISSION REGULATION ( EEC) No 1796/78

of 28 July 1978

opening an invitation to tender for the mobilization of sorghum as food aid for the League of Red Cross Societies

THE COMMISSION OF THE EUROPEAN Whereas the French intervention agency should be COMMUNITIES, made responsible for the tendering procedure in ques­ tion ; Having regard to the Treaty establishing the European Economic Community, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Whereas the Monetary Committee will be consulted ; Regulation (EEC) No 1 254/78 (2), whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Having regard to Council Regulation (EEC) No tions laid down in Article 3 (2) of Council Regulation 2750/75 of 29 October 1975 laying down the condi­ No 129 on the value of the unit of account and the tions for the mobilization of cereals as food aid (3), and exchange rates to be applied for the purposes of the in particular Article 6 thereof, common agricultural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Whereas on 30 January 1978 the Council of the Euro­ Article 3 thereof ; pean Communities declared that by way of Commu­ nity action proposed to grant the League of Red Whereas the measures provided for in this Regulation Cross Societies 100 tonnes of sorghum under its are in accordance with the opinion of the Manage­ 1977/78 food-aid programme ; ment Committee for Cereals, Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; HAS ADOPTED THIS REGULATION : Whereas the proposed invitation to tender should be for supply of the products delivered Banjul, that is at Article 1 the moment when the goods are actually placed on the dock or in the lighter where applicable ; 1 . Tenders are hereby invited for the supply, by Whereas tenders may be submitted by tenderers esta­ way of Community food-aid action, to the League of blished in any Member State of the Community and Red Cross Societies, of 100 tonnes of sorghum . may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 2. The tendering procedure shall take place in situation in the Member States and in order to ensure France in one lot. The product shall be mobilized on that the tenders are as comparable as possible, account the Community market. The product shall be loaded should be taken of the effect on each tender of the for departure from any Community port. currency situation in the Member State in which the customs export formalities will be completed ; 3. The invitation to tender provided for in para­ graph 1 is for supply of products delivered Banjul, Whereas the contract should be awarded to the that is at the moment when the goods are actually tenderer offering the best terms ; placed on the dock or in the lighter where applicable .

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

Minimum weight of the sacks shall be 600 grams. Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising On the sacks shall be printed a red cross, 15 x 15 by virute of participation in the invitation to tender ; cm, as well as the following : (>) 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 .

No L 205/44 Official Journal of the European Communities 29 . 7 . 78

Sorghum / Gift of the European Economic Commu­ to the Tuesday of the following week being the nity / Action of the League of Red Cross Societies / period immediately preceding the closing date for For free distribution Banjul'. submission of tenders .

To allow for the possibility of re-bagging, the Article 4 successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the The contract shall be awarded to the tenderer offering goods but with the printing followed by a capital the best terms, taking into consideration the adjust­ letter 'R'. ment referred to in Article 3 (3).

However, if the tenders submitted do not appear to Article 2 reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken on 11 August 1978 . Article 5

2. The closing date for submission of tenders shall 1 . The tenderer shall give security of a value of five be 11 August 1978 at 12 noon . units of account per tonne of goods.

3 . The notice of invitation to tender shall be It shall be released : published in the Official Journal of the European — in the case of all tenderers whose tenders are Communities not less than nine days before the unsuccessful or are not accepted, closing date for submission of tenders. — in the case of the successful tenderer, when the operations concerned have been carried out within Article 3 the prescribed time limit and on submission of the original export licence duly granted and 1 . The prices offered must be expressed in the endorsed by the competent authorities of the currency of the Member State in which the invitation Member State mentioned in the tender pursuant to tender was issued . to Article 3 (2), 2. Tenders must in particular mention the — in the case of the successful tenderer for quantities Member State in which the tenderer, in the event of not supplied by reason of force majeure. his being declared successful, expects to complete the customs export formalities for the products concerned. 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a 3 . For the purpose of rendering the tenders compar­ guarantee issued by a credit institution conforming to able, the prices shall be corrected by the monetary criteria laid down by each Member State. compensatory amount applicable on the closing date for submission of tenders to exports from the Member Article 6 State mentioned in the tender pursuant to paragraph 2 . The product referred to in Article 1 must be of fair and sound merchantable quality, and be free from Such correction shall be made by : odour, with a moisture content not exceeding 14 % . — increasing prices which mention a Member State whose currency has depreciated or a new Member Article 7 State, 1 . The French intervention agency shall be respon­ — reducing prices which mention a Member State sible for organizing the invitation to tender provided whose currency has been revalued. for by this Regulation . The monetary compensatory amount shall, where 2. It shall forthwith communicate to the Commis­ appropriate, be converted into the currency of the sion the list of firms which have responded to the invi­ Member State in which the invitation to tender is tation to tender, specifying the terms of each tender, issued using : together with the name and business name of the — in the case when the currencies concerned are successful tenderer. kept at any given moment within a band of 3 . Where the customs export formalities for the 2-25 % , a conversion rate resulting from their mobilized product are completed in a Member State central rate, other than that in which the invitation to tender is — in the other cases, the average of the spot rates of issued, the intervention agency of the latter Member the currencies concerned recorded in the Member State shall be responsible for the operations following State in which the invitation to tender is issued tendering, including payment to the successful during a period from the Wednesday of one week tenderer.

29 . 7 . 78 Official Journal of the European Communities No L 205/45

In this case, the intervention agency choosing the 5. When the intervention agency responsible for successful tenderer shall immediately inform the inter­ the operations relating to tendering is not the interven­ vention agency of the Member State concerned and tion agency which appoints the successful tenderer, it shall supply it with all the information which it may shall send as soon as possible to the latter the informa­ require. tion necessary for releasing the security.

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 second subparagraph of Article 3 (3) to the tenderer in the As regards this tender, the intervention agency is auth­ currency of the Member State in which the operations orized to make an initial payment of 80 % of the relating to the tendering are completed. value of the quantity given in the bill of lading, on 4. The intervention agency shall request the presentation of that document and subject to the successful tenderer to supply the following informa­ taking of a security for an amount equal to the initial tion : payment.

(a) after each shipment, a certificate showing the quan­ tities dispatched and the quality of the products ; Article 9 (b) the date of departure of the vessels.

The information indicated above shall be forwarded This Regulation shall enter into force on the day of its by the intervention agency to the Commission imme­ publication in the Official Journal of the European diately upon receipt. Communities.

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

Done at Brussels, 28 July 1978 .

For the Commission

Finn GUNDELACH

Vice-President