31978R2283

30 . 9 . 78 Official Journal of the European Communities No L 275/67

COMMISSION REGULATION (EEC) No 2283/78 of 29 September 1978 opening a new invitation to tender for the mobilization of maize meal as food aid for the Republic of Senegal

THE COMMISSION OF THE EUROPEAN Whereas, should force majeure make it impossible to COMMUNITIES, complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to the Treaty establishing the European the liability for any resulting costs ; Economic Community, Whereas provision should be made for security to be Having regard to Council Regulation (EEC) No given for the purpose of guaranteeing that the obliga­ 2727/75 of 29 October 1975 on the common organiza­ tions arising by virtue of participation in the invita­ tion of the market in cereals (*), as last amended by tion to tender for supplies to Senegal will be fulfilled ; Regulation (EEC) No 1254/78 (2), Whereas the French intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the Commission must be informed quickly in particular Article 6 thereof, of the tenders submitted fn response to the invitation and of those accepted by the intervention agency ; Whereas on 30 January 1978 the Council of the Euro­ pean Communities declared that it proposed, by way Whereas the Monetary Committee will be consulted ; of Community action, to grant 5 555 tonnes of maize whereas, in view of the urgency, the measures envis­ meal to the Republic of Senegal under its 1977/78 aged should be adopted in accordance with the condi­ food-aid programme ; tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the Whereas pursuant to Article 3 (3) of Council Regula­ exchange rates to be applied for the purposes of the tion (EEC) No 2750/75 the goods may be purchased common agricultural policy (5), as last amended by anywhere on the Community market ; Regulation (EEC) No 2543/73 (6), and in particular Article 3 thereof ; Whereas the invitation to tender opened in the Community under Commission Regulation (EEC) No Whereas the measures provided for in this Regulation 1658/78 of 14 July 1978 opening an invitation to are in accordance with the opinion of the Manage­ tender for the mobilization of meals of maize as aid ment Committee for Cereals, for Senegal (4) was not allocated ; whereas a new invita­ tion to tender should therefore be opened ; %

Whereas the proposal invitation to tender should be HAS ADOPTED THIS REGULATION : for supply of the products delivered to Dakar, that is at 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 1 . Tenders are hereby invited for the supply to the blished in any Member State of the Community and Republic of Senegal by way of Community food-aid may relate to products mobilized anywhere within action of 5 555 tonnes of maize meal . those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 2. The tendering procedure shall take place in that the tenders are as comparable as possible, account France in two lots. The product shall be mobilized on should be taken of the effect on each tender of the the Community market. The product shall be loaded currency situation in the Member State in which the for the departure from any Community port. customs export formalities will be completed ;

Whereas the award under the invitation to tender 3. The invitation to tender provided for in para­ graph 1 is for supply of products delivered to Dakar, must be made to the tenderer offering the best terms ; that is at the moment when the goods are actually placed on the dock or in the lighter where applicable. (») OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6. 1978, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 89. (*) OJ No 106, 30. 10. 1962, p. 2553/62. (4) OJ No L 192, 15. 7. 1978, p. 30. (' OJ No L 263, 19. 9. 1973, p. 1 .

No L 275/68 30 . 9 . 78 Official Journal of the European Communities

4. The product shall be delivered in new jute sacks 2-25 % , a conversion rate resulting from their of 50 kilograms net weight lined with sacks of six-ply central rate, Clupak paper. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member The following shall be printed on the sacks : State in which the invitation to tender is issued 'Semoules de maïs / Don de la Communauté écono­ during a period from the Wednesday of one week mique européenne à la république du Senegal / À to the Tuesday of the following week being the distribuer gratuitement'. period immediately preceding the closing date for submission of tenders. To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty Article 4 sacks of the same quality as those containing the goods but with the printing followed by a capital The contract shall be awarded to the tenderer offering letter 4R\ the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). Article 2 However, if the tenders submitted do not appear to 1 . The decision on tenders received in response to reflect normal market prices and costs, the interven­ the invitation provided for in Article 1 shall be taken tion agency may cancel the invitation to tender. on 13 October 1978 . Article 5 2. The closing date for submission of tenders shall be 13 October 1978 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be 10 units of account per tonne of the products. published in the Official Journal of the European It shall be released : Communities not later than nine days before the 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 operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation the original export licence, duly granted and to tender was issued. endorsed by the competent authorities of the Member State mentioned in the tender pursuant 2. Tenders must in particular mention the Member to Article 3 (2), State in which the tenderer, in the event of his being — in the case of the successful tenderer for quantities declared successful, expects to complete the customs not supplied by reason of force majeure. export formalities for the products concerned. 2. The security required under paragraph 1 may be 3. For the purpose of rendering the tenders compar­ provided in the form of a cash deposit or of a able, the prices shall be corrected by the monetary guarantee issued by a credit institution conforming to compensatory amount applicable on the closing date criteria laid down by each Member State. for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph 2. Article 6

Such correction shall be made by : The product referred to in Article 1 must meet the following requirements : — increasing prices which mention a Member State whose currency has depreciated or a new Member — moisture content : maximum 13% , State, — acidity : 0-6 % maximum. — reducing prices which mention a Member State whose currency has been revalued. Products not meeting these requirements shall . be refused . The monetary compensatory amount shall, where appropriate, be converted into the currency of the Article 7 Member State in which the invitation to tender is issued using : 1 . The French intervention agency shall be respon­ — in the case when the currencies concerned are sible for organizing the invitation to tender provided kept at any given moment within a band of for by this Regulation.

30 . 9 . 78 No L 275/69 Official Journal of the European Communities

2 . It shall forthwith communicate to the Commis­ (b) the date of the departure of the ships, the esti­ sion the list of firms which have responded to the invi­ mated date of arrival of the products at their desti­ tation to tender, specifying the terms of each tender, nation ; together with the name and business name of the (c) all possible contingencies which might occur successful tenderer. during transportation of the products. 3. Where the customs export formalities for the The information indicated above shall be forwarded mobilized product are completed in a Member State other than that in which the invitation to tender is by the intervention agency to the Commission imme­ diately upon receipt. issued, the intervention agency of the latter Member State shall be responsible for the operations following 5. When the intervention agency responsible for tendering, including payment to the successful tenderer. the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it In such case, the intervention agency choosing the shall send as soon as possible to the latter the informa­ successful tenderer shall immediately inform the inter­ tion necessary for releasing the security. vention agency of the Member State concerned and shall supply it with all the information which it may Article 8 require.

Furthermore, the amount of the successful tender As regards this tender the intervention agency is auth­ shall be paid after it has been converted using the orized to make an initial payment of 80 % of the average of the spot rates referred to in the last subpara­ value of the quantity given in the bill of lading on graph of Article 3 (3) to the tenderer in the currency presentation of that document and subject to the of the Member State in which the operations relating taking of a security for an amount equal to the initial to the tendering are completed. payment.

4. The intervention agency shall request the successful tenderer to supply the following informa­ Article 9 tion : (a) after each shipment, a statement giving details of This Regulation shall enter into force on the day of its the quantities loaded, the quality of the products publication in the Official Journal of the European Communities. and the type of packing ;

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

Done at Brussels, 29 September 1978 .

For the Commission

Finn GUNDELACH Vice-President