31979R2476

10 . 11 . 79 Official Journal of the European Communities No L 281 / 19

COMMISSION REGULATION ( EEC) No 2476/ 79 of 9 November 1979 opening an invitation to tender for the mobilization of maize meal as food aid for the United Nations High Commissioner for Refugees

THE COMMISSION OF THE EUROPEAN Whereas the award under the invitation to tender COMMUNITIES , must be made to the tenderer offering the best terms ;

Having regard to the Treaty establishing the European Whereas, should force majeure make it impossible to Economic Community, complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to Council Regulation ( EEC) No the liability for any resulting costs ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Whereas provision should be made for security to be Regulation ( EEC) No 1 547/79 (2), given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ Having regard to Council Regulation ( EEC) No tion to tender will be fulfilled ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas the Italian intervention agency should be made responsible for the tendering procedure ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas the Commission must be informed quickly be applied for the purposes of the common agricul­ of the tenders submitted in response to the invitation tural policy (4), as last amended by Regulation ( EEC) and of those accepted by the intervention agency ; No 2543/73 (5), and in particular Article 3 thereof,

Whereas the measures provided for in this Regulation Having regard to the opinion of the Monetary Committee, are in accordance with the opinion of the Manage­ ment Committee for Cereals, Whereas on 8 May 1979 the Council of the European Communities declared that it proposed, by way of Community action , to grant 1 389 tonnes of maize meal to the United Nations High Commissioner for HAS ADOPTED THIS REGULATION : Refugees under its 1978 /79 food-aid programme ;

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 to the for supply of the products on the quay or in the United Nations High Commissioner for Refugees, by lighter where applicable at the port of unloading ; way of Community action , of 1 389 tonnes of maize meal . 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 Italy may relate to products mobilized anywhere within in one lot. The product shall be mobilized on the those Member States ; whereas, in view of the currency Community market. The product shall be loaded for situation in the Member States and in order to ensure 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 currency situation in the Member State in which the 3 . The invitation to tender provided for in para­ graph 1 is for supply of products on the quay or in customs export formalities will be completed ; the lighter where applicable, in the port of Beira. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (J) OJ No L 188 , 26. 7. 1979, p. 1 . 4. The successful tenderer shall deliver the product (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. specified in paragraph 1 in new jute sacks lined with (5) OJ No L 263 , 19 . 9 . 1973, p. 1 . cotton sacks of a net capacity of 50 kilograms.

No L 281 /20 Official Journal of the European Communities 10 . 11 . 79

Minimum weight of the sacks shall be 600 grams. 2-25 % , a conversion rate resulting from their central rate, The following shall be printed on the sacks : — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member 'Maize meal / Gift of the European Economic State in which the invitation to tender is issued Community / For free distribution / UNHCR assis­ during a period from the Wednesday of one week tance for Zimbabwean refugees / Beira'. to the Tuesday of the following week, being the period immediately preceding the closing date for To allow for the possibility of re-bagging, the submission of tenders . successful tenderer shall supply 2 % of new empty sacks of the same quality as those containing the goods but with the printing followed by a capital letter ' R '. Article 4

The contract shall be awarded to the tenderer offering Article 2 the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken However, if the tenders submitted do not appear to on 23 November 1979 . reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 2. The closing date for submission of tenders shall be 23 November 1979 at 12 noon . Article 5 3 . The notice of invitation to tender shall be published in the Official Journal of the European 1 . The tenderer shall give security in an amount of Communities not later than nine days before the 12 ECU per tonne of the products. closing date for submission of tenders. It shall be released :

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

— increasing prices which mention a Member State whose currency has depreciated, Article 6 — reducing prices which mention a Member State whose currency has been revalued . The product referred to in Article 1 must meet the following requirements : The monetary compensatory amount shall , where appropriate, be converted into the currency of the — moisture content : 1 2 % maximum , Member State in which the invitation to tender is — acidity : 0-6 % maximum . issued using :

— in the case when the currencies concerned are Products not meeting these requirements shall be kept at any given moment within a band of refused .

10 . 11 . 79 Official Journal of the European Communities No L 281 / 21

Article 7 (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products 1 . The Italian 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 Artie e 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 Furthremore, 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 second payment . subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 9 relating 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, 9 November 1979 . For the Commission

Finn GUNDELACH Vice-President