31979R2758

No L 312/ 16 Official Journal of the European Communities 8 . 12 . 79

COMMISSION REGULATION ( EEC) No 2758/ 79 of 7 December 1979 opening an invitation to tender (or the mobilization of maize meal as food aid for the Republic of Senegal

THE COMMISSION OF THE EUROPEAN currency situation in the Member State in which the COMMUNITIES, customs export formalities will be completed ;

Having regard to the Treaty establishing the European Whereas the award under the invitation to tender Economic Community, must be made to the tenderer offering the best terms ;

Having regard to Council Regulation (EEC) No Whereas, should force majeure make it impossible to 2727/75 of 29 October 1975 on the common organiza­ complete the operation in question within the time tion of the market in cereals ( ! ), as last amended by limits specified, it must be made clear who is to bear Regulation (EEC) No 1 547/79 (2), the liability for any resulting costs ;

Having regard to Council Regulation (EEC) No Whereas provision should be made for security to be 2750/75 of 29 October 1975 laying down the condi­ given for the purpose of guaranteeing that the obliga­ tions for the mobilization of cereals as food aid (3), and tions arising by virtue of participation in the invita­ in particular Article 6 thereof, tion to tender for supplies to Senegal will be fulfilled ;

Having regard to Council Regulation No 129 on the Whereas the French intervention agency should be value of the unit of account and the exchange rates to made responsible for the tendering procedure ; be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) Whereas the Commission must be informed quickly No 2543/73 (5), and in particular Article 3 thereof, of the tenders submitted in 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 it proposed, by way of Community action, to grant 2 222 tonnes of maize meal to the Republic of Senegal 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 1 . Tenders are hereby invited for the supply to the the product to the port of shipment in the vicinity of Republic of Senegal, by way of Community food-aid the vessel, the goods to be set down at the place nomi­ action , of 2 222 tonnes of maize meal . nated by the recipient or its agent ;

2. The tendering procedure shall take place in Whereas tenders may be submitted by tenderers esta­ France in one lot. The product shall be mobilized on blished in any Member State of the Community and the Community market. The product shall be loaded may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency for the departure from any Community port. situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 3. The product referred to in paragraph 1 is to be should be taken of the effect on each tender of the delivered in new jute sacks of a net capacity of 50 kilo­ grams to the port of shipment in the vicinity of the 0 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 . of delivery being settled by the tenderer and the recip­ <) OJ No 106, 30 . 10 . 1962, p. 2553/62. (5) OJ No L 263, 19 . 9 . 1973 , p. 1 . ient country's agent.

8 . 12 . 79 Official Journal of the European Communities No L 312/ 17

Minimum weight of the sacks shall be 600 grams. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member State in which the invitation to tender is issued The following shall be printed on the sacks : during a period from the Wednesday of one week 'Semoules de maïs / Don de la Communauté écono­ to the Tuesday of the following week being the mique européenne à la république du Sénégal / À period immediately preceding the closing date for distribuer gratuitement'. 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 'R'. 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 reflect normal market prices and costs, the interven­ 1 . The decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided for in Article 1 shall be taken on 21 December 1979 . Article 5 2. The closing date for submission of tenders shall be 21 December 1979 at 12 noon . 1 . The tenderer shall give security in an amount of 12 ECU per tonne of the products. 3 . The notice of invitation to tender shall be It shall be released : published in the Official Journal of the European Communities not later than nine days before the — in the case of all tenderers whose tenders are closing date for submission of tenders. unsuccessful or are not accepted, — in the case of the successful tenderer, when the Article 3 operations concerned have been carried out within 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 to tender was issued . Member State mentioned in the tender pursuant to Article 3 (2), 2. Tenders must in particular mention the Member — in the case of the successful tenderer for quantities State in which the tenderer, in the event of his being not supplied by reason of force majeure. 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. Such correction shall be made by : The product referred to in Article 1 must meet the — increasing prices which mention a Member State following requirements : whose currency has depreciated, — moisture content : maximum 13% , — reducing prices which mention a Member State whose currency has been revalued. — acidity : 0-6 % maximum .

Products not meeting these requirements shall be The monetary compensatory amount shall, where refused . appropriate, be converted into the currency of the Member State in which the invitation to tender is issued using : Article 7 — in the case when the currencies concerned are kept at any given moment within a band of 1 . The French intervention agency shall be respon­ 2-25 % . a conversion rate resulting from their sible for organizing the invitation to tender provided central rate , for by this Regulation .

No L 312/ 18 8 . 12 . 79 Official Journal of the European Communities

2. It shall forthwith communicate to the Commis­ (a) after each shipment, a statement giving details of sion the list of firms which have responded to the invi­ the quantities loaded, the quality of the products tation to tender, specifying the terms of each tender, and the type of packing ; together with the name and business name of the (b) the date of the departure of the ships. successful tenderer. The information indicated above shall be forwarded 3 . Where the customs export formalities for the by the intervention agency to the Commission imme­ mobilized product are completed in a Member State diately upon reciept. 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 immmediately inform the Article 8 intervention agency of the Member State concerned On delivery of the goods at the port of shipment, a and shall supply it with all the information which it handing-over certificate shall be supplied to the may require. successful tenderer, acting as agent for the Commu­ Furthermore, the amount of the successful tender nity, by the agent of the recipient country or, in the shall be paid after it has been converted using the absence of the latter, by the intervention agency of the average of the spot rates referred to in the second Member State in whose territory the port of shipment is situated . subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in whih the operations relating to the tendering are completed. Article 9

4. The intervention agency shalll 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, 7 December 1979 .

For the Commission

Finn GUNDELACH

Vice-President