31981R3666

22. 12. 81 Official Journal of the European Communities No L 366/ 15

COMMISSION REGULATION ( EEC) No 3666/81

of 21 December 1981

opening an invitation to tender for the mobilization of maize as food aid for the Republic of Niger

THE COMMISSION OF THE EUROPEAN situation in the Member States and in order to ensure COMMUNITIES, that the tenders are as comparable as possible, account should be taken of the effect on each tender of the Having regard to the Treaty establishing the European currency situation in the Member State in which the Economic Community, customs export formalities will be completed ;

Whereas the contract should be awarded to the Having regard to Council Regulation (EEC) No tenderer who makes the best offer ; 2727/75 of 29 October 1975 on the common organi­ zation of the market in cereals ('), as last amended by Whereas it must be made clear who is to bear any Regulation (EEC) No 1949/81 (2), and in particular costs which arise in the event that for reasons of force Article 28 thereof, majeure the operation in question is not completed within the time stipulated ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas provision should be made for security to be tions for the mobilization of cereals as food aid (3), and given for the purpose of guaranteeing that the obliga­ in particular Article 6 thereof, tions arising by virtue of participation in the invitation to tender for supplies to the Republic of Niger will be Having regard to Council Regulation No 129 of 23 fulfilled ; October 1962 on the value of the unit of account and the exchange rates to be applied for the purposes of Whereas the French intervention agency should be the common agricultural policy (4), as last amended by made responsible for the tendering procedure in ques­ Regulation (EEC) No 2543/73 (*), and in particular tion ; Article 3 thereof, Whereas it is important that the Commission be Having regard to the opinion of the Monetary informed without delay of the tenders submitted in Committee, response to the invitation and of those accepted by the intervention agency ; Whereas on 19 May 1981 the Council of the European Whereas the measures provided for in this Regulation Communities declared that by way of Community are in accordance with the opinion of the Management action it proposed to grant the Republic of Niger Committee for Cereals, 5 000 tonnes of maize under its 1981 food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ HAS ADOPTED THIS REGULATION : tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; Article 1 Whereas the proposed invitation to tender should be for supply of the products delivered to Cotonou, that is 1 . Tenders are hereby invited for the supply to the at the moment when the goods are actually placed on Republic of Niger by way of Community - food-aid action of 5 000 tonnes of maize . the quay or in the lighter where applicable ;

2. The tendering procedure shall take place in Whereas tenders may be submitted by tenderers France in two lots (3 500 tonnes and 1 500 tonnes). established in any Member State of the Community The products shall be mobilized on the Community and may relate to products mobilized anywhere within market. The products shall be loaded from a Commu­ those Member States ; whereas, in view of the currency nity port.

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . 3. The invitation to tender provided for in para­ (2) OJ No L 198 . 20 . 7. 1981 , p. 2. graph 1 is for supply of products delivered to Cotonou (J) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. that is at the moment when the goods are actually O OJ No L 263, 19 . 9. 1973 , p. 1 . placed on the quay or in the lighter where applicable.

No L 366/ 16 Official Journal of the European Communities 22 . 12. 81

4. The successful tenderer shall deliver the product — in other cases, the relationship between the two specified in paragraph 1 in new jute sacks of a net currencies concerned, established by using the capacity of 50 kilograms. latest statement of their exchange rates made immediately preceding the closing date for the Minimum weight of the sacks shall be 600 grams. The submission of tenders as published in the 'C' series following shall be printed on the sacks : of the Official Journal of the European Commu­ nities. 'Maïs / Don de la Communauté économique euro­ péenne à la république du Niger.' Article 4 To allow for the possibility of rebagging, the successful tenderer shall supply 2 % of new empty sacks, of the The contract shall be awarded to the tenderer offering same quality as those containing the goods but with the best terms, taking into consideration the adjust­ the printing followed by a capital 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 6 January 1982. Article 5

2. The closing date for submission of tenders shall 1 . The tenderer shall give security in an amount of be 6 January 1982 at 12 noon. 6 ECU 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 Communities not less 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 operations concerned have been carried out within Article 3 the prescribed time limit and on submission of the original export licence duly granted and endorsed 1 . The prices offered must be expressed in the by the competent authorities of the Member State currency of the Member State in which the invitation mentioned in the tender pursuant to Article 3 (2), to tender was issued . — in the case of the successful tenderer, for quantities not supplied by reason of force majeure. 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being 2. The security required under paragraph 1 may be declared successful, expects to complete the customs provided in the form of a cash deposit or of a export formalities for the products concerned. guarantee issued by a credit institution conforming to criteria laid down by each Member State. 3 . For the purpose of rendering the tenders compa­ rable the prices shall be corrected by the monetary compensatory amount applicable on the closing date Article 6 for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph 2. 1 . The maize referred to in Article 1 must be of fair Such correction shall be made by : and sound merchantable quality and correspond at — increasing prices which mention a Member State least to the standard quality for which the intervention whose currency has depreciated, price is fixed. — reducing prices which mention a Member State whose currency has been revalued. 2. For this purpose the intervention agency of the country of shipment shall arrange for a check at the port at the time of loading on the nature, quality and The monetary compensatory amount shall, where packaging of the goods. Following inspection an attes­ appropriate, be converted into the currency of the Member State in which the invitation to tender is tation shall be issued. The costs relating thereto shall be borne by the successful tenderer. issued using :

— in the case when the currencies concerned are kept 3 . Samples intended for analysis shall be taken and at any given moment within a band of 2-25 % , a the inspection shall be carried out in accordance with conversion rate resulting from their central rate, the trade practices in force in the country of shipment.

22. 12. 81 Official Journal of the European Communities No L 366/ 17

Article 7 (b) the date of the departure of the ships, the esti­ mated date of arrival of the products at their desti­ 1 . The French intervention agency snail be respon­ nation ; sible for organizing the invitation to tender provided for by this Regulation . (c) all possible contingencies which might occur during transportation of the products. 2 . It shall forthwith communicate to Commission the list of firms which have responded to the invita­ tion to tender, specifying the terms of each tender, The information indicated above shall be forwarded by together with the name and business name of the the intervention agency to the Commission imme­ successful tenderer. diately upon receipt.

3 . Where the customs export formalities for the mobilized product are completed in a Member State 5. When the intervention agency responsible for other than that in which the invitation to tender is the operations relating to tendering is not the inter­ issued, the intervention agency of the latter Member vention agency which appoints the successful tenderer, State shall be responsible for the operations following it shall send as soon as possible to the latter the infor­ tendering, including payment to the successful mation necessary for releasing the security. tenderer.

In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 8 vention agency of the Member State concerned and shall supply it with all the information which it may require. As regards this tender the intervention agency is authorized to make an initial payment of 80 % of the Furthermore, the amount of the successful tender shall value of the quantity given in the bill of lading, on be paid after it has been converted using the average of presentation of that document and subject to the the spot rates referred to in the second subparagraph taking of a security for an amount equal to the initial of Article 3 (3) to the tenderer in the currency of the payment. Member State in which the operations relating to the tendering are completed.

4. The intervention agency shall request the Article 9 successful tenderer to supply the following informa­ 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 and the type of packing ; Communities.

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

Done at Brussels, 21 December 1981 .

For the Commission Poul DALSAGER Member of the Commission