31979R2545

No L 290/44 Official Journal of the European Communities 17 . 11 . 79

COMMISSION REGULATION ( EEC) No 2545/79 of 16 November 1979 opening an invitation to tender for the mobilization of maize as food aid for the World Food Programme

THE COMMISSION OF THE EUROPEAN Whereas the contract should be awarded to the COMMUNITIES, tenderer who makes the best offer ;

Having regard to the Treaty establishing the European Whereas it must be made clear who is to bear any Economic Community, costs which arise in the event that for reasons of force majeure the operation in question is not completed Having regard to Council Regulation (EEC) No within the time stipulated ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Regulation (EEC) No 1 547/79 (2), Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising Having regard to Council Regulation (EEC) No by virtue of participation in the invitation to tender ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the French intervention agency should be in particular Article 6 thereof, made responsible for the tendering procedure in ques­ tion ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the common agricul­ Whereas it is important that the Commission be tural policy (4), as last amended by Regulation (EEC) informed without delay of the tenders submitted in No 2543/73 (5), and in particular Article 3 thereof, response to the invitation and of those accepted by the intervention agency ; Having regard to the opinion of the Monetary Committee, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas on 8 May 1979 the Council of the European ment Committee for Cereals, Communities declared that by way of Community action it proposed to grant the World Food Programme 2 500 tonnes of maize under its 1978 /79 food-aid programme ;

HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Article 1 Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ 1 . Tenders are hereby invited for the supply, by nated by the recipient or its agent ; way of Community food-aid action to the World Food Programme, of 2 500 tonnes of maize . 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 may relate to products mobilized anywhere within France in one lot. The product shall be mobilized on those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure the Community market. The product shall be loaded for 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 product referred to in paragraph 1 is to be customs export formalities will be completed ; delivered in new jute sacks of a net capacity of 50 kilo­ grams to the port of shipment in the vicinity of the (') OJ No L 281 , 1 . 11 . 1975, p. 1 . vessel . The goods must be set down at the place nomi­ (2) OJ No L 188 , 26 . 7. 1979, p. 1 . nated by the recipient country or its agent, the timing (}) OJ No L 281 , 1 . 11 . 1975, p. 89 . (<) OJ No 106, 30 . 10 . 1962, p. 2553/62. of delivery being settled by the tenderer and the recip­ (5) OJ No L 263, 19 . 9 . 1973, p. 1 . ient country's agent.

17 . 11 . 79 Official Journal of the European Communities No L 290/45

Minimum weight of sacks shall be 600 grams. during a period from the Wednesday of one week to the Tuesday of the following week being the The following shall be printed on the sacks : period immediately preceding the closing date for submission of tenders . 'EM 1188 / Milho / Praia / Dom das Comunidade economica europeia / Programa alimentar mundiaf. Article 4 To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty The contract shall be awarded to the tenderer offering sacks, of the same quality as those containing the the best terms, taking into consideration the adjust­ goods but with the printing followed by a capital ment referred to in Article 3 (3). letter 'R\ However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ Article 2 tion agency may cancel the invitation to tender.

« 1 . The decision on tenders received in response to Article 5 the invitation provided for in Article 1 shall be taken on 30 November 1979 . If the tenderer is unable to deliver the goods in 2. The closing date for submission of tenders shall compliance with Article 1 (3) on the date given in the notice of invitation to tender as a result of the late be 30 November 1979 at 12 noon . availability of the vessels to be used for sea transporta­ 3 . The notice of invitation to tender shall be tion, the resulting costs shall be borne by the interven­ published in the Official Journal of the European tion agency. Communities not less than nine days before the closing date for submission of tenders. Article 6

Article 3 1 . The tenderer shall give security in an amount of 6 ECU per tonne of goods. 1 . The prices offered must be expressed in the It shall be released : currency of the Member State in which the invitation to tender was issued . — in the case of all tenderers whose tenders are unsuccessful or are not accepted, 2. Tenders must in particular mention the Member — in the case of the successful tenderer, when the State in which the tenderer, in the event of his being operations concerned have been carried out within declared successful, expects to complete the customs the prescribed time limit and on submission of export formalities for the products concerned. the original export licence duly granted and endorsed by the competent authorities of the 3. For the purpose of rendering the tenders compar­ Member State mentioned in the tender pursuant able, the prices shall be corrected by the monetary to Article 3 (2), compensatory amount applicable on the closing date for submission of tenders to exports from the Member — in the case of the successful tenderer, for quanti­ State mentioned in the tender pursuant to paragraph ties not supplied by reason of force majeure. 2. Such correction shall be made by : 2. The security required under paragraph 1 may be — increasing prices which mention a Member State provided in the form of a cash deposit or of a whose currency has depreciated, guarantee issued by a credit institution conforming to — reducing prices which mention a Member State criteria laid down by each Member State. whose currency has been revalued . Article 7 The monetary compensatory amount shall, where appropriate, be converted into the currency of the The maize referred to in Article 1 must be of fair and Member State in which the invitation to tender is sound merchantable quality and correspond at least to issued using : the standard quality for which the intervention price — in the case when the currencies concerned are is fixed . kept at any given moment within a band of 2-25 % , a conversion rate resulting from their Article 8 central rate, — in the other cases, the average of the spot rates of 1 . The French intervention agency shall be respon­ the currencies concerned recorded in the Member sible for organizing the invitation to tender provided State in which the invitation to tender is issued for by this Regulation .

No L 290/46 Official Journal of the European Communities 17 . 11 . 79

2 . It shall forthwith communicate to the Commis­ (b) the date of departure of the ship ; 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 tenderer. shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 9 vention agency of the Member State concerned and shall supply it with all the information which it may require. On delivery of the goods at the port of shipment, a handing-over certificate shall be supplied to the Furthermore, the amount of the successful tender successful tenderer, acting as agent for the Commu­ shall be paid after it has been converted using the nity, by the agent of the recipient country, or, in the average of the spot rates referred to in the second absence of the latter, by the intervention agency of the subparagraph of Article 3 (3) to the tenderer in the Member State in whose territory the port of shipment currency of the Member State in which the operations is situated . relating to the tendering are completed .

4. The intervention agency shall request the Article 10 successful tenderer to supply the following informa­ tion : This Regulation shall enter into force on the day of its (a) after shipment a certificate showing the quantities publication in the Official Journal of the European Communities. dispatched and the quality of the products ;

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

Done at Brussels, 16 November 1979 .

For the Commission

Finn GUNDELACH

Vice-President