CELEX: 31976R0841
Language: en
Date: 1976-04-09 00:00:00
Title: Commission Regulation (EEC) No 841/76 of 9 April 1976 opening an invitation to tender for the mobilization of grain sorghum and maize as food aid for the Republic of Burundi

10 . 4. 76                            Official Journal of the European Communities                         No L 96/21
                                   COMMISSION REGULATION (EEC) No 841/76
                                                        of 9 April 1976
               opening an invitation to tender for the mobilization of grain sorghum and
                                    maize as food aid for the Republic of Burundi
 THE COMMISSION OF THE EUROPEAN                                    Whereas the French intervention agency should be
 COMMUNITIES,                                                      made responsible for the tendering procedure ;
 Having regard to the Treaty establishing the European            Whereas the Commission must be informed quickly
 Economic Community,                                               of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
 Having regard to Council Regulation (EEC) No
 2727/75 of 29 October 1975 on the common organiza­               Whereas the Monetary Committee will be consulted ;
 tion of the market in cereals ('), as amended by Regula­          whereas, in view of the urgency, the measures envis­
 tion (EEC) No 3058 /75 (2),                                       aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
 Having regard to Council Regulation (EEC) No                      No 129 on the value of the unit of account and the
 2750/75 of 29 October 1975 laying down the condi­                 exchange rates to be applied for the purposes of the
 tions for the mobilization of cereals as food aid (3), and        common agricultural policy (4), as last amended by
 in particular Article 6 thereof,                                  Regulation (EEC) No 2543/73 (5), and in particular
Whereas on 3 March 1975 the Council of the Euro­
                                                                  Article 3 thereof ;
 pean Communities declared that it proposed, by way
 of Community action, to grant 750 metric tons of                 Whereas the measures provided for in this Regulation
 cereals to the Republic of Burundi under its 1974/75             are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods mav be purchased                  HAS ADOPTED THIS REGULATION :
 anywhere on the Community market ;
 Whereas the proposed invitation to tender should be
                                                                                          Article 1
 for supply of the products delivered to Bujumbura ;
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 Burundi by way of Community food-aid
 may relate to products mobilized anywhere within                 action of :
 those Member States ; whereas, in view of the currency
 situation in the Member States and in order to ensure            — 250 metric tons of sorghum, and
                                                                  — 500 ' metric tons of maize .
 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               2. The tendering procedure shall take place in
customs export formalities will be completed ;                    France in one lot. The products shall be mobilized on
                                                                  the Community market. The products shall be loaded
Whereas the award under the invitation to tender                  for departure from a Community port.
 must be made to the tenderer offering the best terms ;
                                                                  3 . The invitation to tender provided for in para­
Whereas, should force majeure make it impossible to               graph 1 is for supply of products delivered to Bujum­
complete the operation in question within the time                bura .
limits specified, it must be made clear who is to bear
the liability for any resulting costs ;                           4.     The   successful  tenderer    shall deliver  the
                                                                  products specified in paragraph 1 in new jute sacks of
Whereas provision should be made for security to be               a net capacity of 50 kilogrammes. The following shall
given for the purpose of guaranteeing that the obliga­            be printed on the sacks :
tions arising by virtue of participation in the invita­
tion to tender for supplies to the Republic of Burundi            'Sorgho — Don de la Communauté économique euro­
will be fulfilled :                                               péenne à la République du Burundi — À distribuer
                                                                  gratuitement.'
(1) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 306, 26. 11 . 1975, p. 3 .                            (4) OJ No 106, 30. 10. 1962, p. 2553/62.
P) OJ No L 281 , 1 . 11 . 1975, p. 89 .                           (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 96/22                          Official Journal of the European Communities                            10 . 4. 76
'Maïs — Don de la Communauté économique euro­                 However, if the tenders submitted do not appear to
péenne à la République du Burundi — À distribuer              reflect normal market prices and costs, the interven­
gratuitement.'                                                tion agency may cancel the invitation to tender.
                         Article 2
                                                                                       Article 5
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken        1 . The tenderer shall give security in an amount of
on 26 April 1976.                                              five units of account per metric ton of the products :
2. The closing date for submission of tenders shall
be 26 April 1976 at 12 noon .                                  It shall be released :
3.     The  notice  of   invitation  to  tender shall  be     — in the case of all tenderers whose tenders are
published in the Official Journal of the European                   unsuccessful or are not accepted,
 Communities not later than nine days before the               — in the case of the successful tenderer, when the
closing date for submission of tenders.
                                                                    operations concerned have been carried out within
                         Article 3
                                                                    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                Member State mentioned in the tender pursuant
 to tender was issued .                                             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, where appropriate, be corrected       criteria laid down by each Member State.
 by the monetary compensatory amount and the acces­
 sion compensatory amount applicable on the closing
 date for submission of tenders to exports from the                                    Article 6
 Member State mentioned in the tender pursuant to
 paragraph 2.                                                   1 . The products specified in Article 1 to be
 Such correction shall be made by :                            supplied for human consumption to the Republic of
                                                                Burundi must meet the following requirements :
 — increasing prices which mention a Member State
     whose currency has depreciated or a new Member             grain sorghum :
     State,
                                                                must be of fair and sound merchantable quality, be
 — reducing prices which mention a Member State                 free    from  odour, with    a  moisture content    not
     whose currency has been revalued.                          exceeding 14 % ;
 The monetary compensatory amount shall, where                  maize :
 appropriate, be converted into the currency of the
 Member State in which the invitation to tender is              must be of fair and sound merchantable quality, be
 issued using :                                                 free from odour, and correspond at least to the
 — in the case when the currencies concerned are                standard quality for which the intervention price is
                                                                fixed .
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their
     central rate,                                              2. Tenders for supply to the Republic of Burundi
                                                                of the products specified in Article 1 must relate to
 — in the other cases, the average of the spot rates of         products having the following characteristics :
     the currencies concerned recorded in the Member
     State in which the invitation to tender is issued          grain sorghum :
     during a period from the Wednesday of one week
     to the Tuesday of the following week being the             must be of fair and sound merchantable quality, be
                                                                free    from  odour, with    a  moisture  content   not
     period immediately preceding the closing date for
     submission of tenders .                                    exceeding 14 % ;
                                                                maize :
                          Article 4
                                                                must be of fair and sound merchantable quality, be
 The contract shall be awarded to the tenderer offering         free from odour, and correspond at least to the
  the best terms, taking into consideration the adjust­         standard quality for which the intervention price is
  ment referred to in Article 3 (3).                            fixed .
 ---pagebreak--- 10 . 4. 76                         Official Journal of the European Communities                           No L 96/23
                        Article 7                            4. The intervention agency shall request the
                                                             successful tenderer to supply the following informa­
1 . The French intervention agency shall be respon­          tion :
sible for organizing the invitation to tender provided
for by this Regulation.                                      (a) after each shipment, a statement giving details of
2.    It shall forthwith communicate to the Commis­              the quantities loaded, the quality of the products
sion the list of firms which have responded to the invi­         and the type of packing ;
tation to tender, specifying the terms of each tender,       (b) the date of the departure of the ships, the esti­
together with the name and business name of the                  mated date of arrival of the products at their desti­
successful tenderer.                                             nation ;
3 . Where the customs export formalities for the             (c) all possible contingencies which might occur
mobilized product are completed in a Member State                during transportation of the products.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member         The information indicated above shall be forwarded
State shall be responsible for the operations following      by the intervention agency to the Commission imme­
tendering, including payment to the successful               diately upon receipt.
tenderer.
                                                             5. When the intervention agency responsible for
In such case, the intervention agency choosing the           the operations relating to tendering is not the interven­
successful tenderer shall immediately inform the inter­      tion agency which appoints the successful tenderer, it
vention agency of the Member State concerned and             shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may        tion necessary for releasing the security.
require.
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                  Article 8
average of the spot rates referred to in the last subpara­
graph of Article 3 (3) to the tenderer in the currency       This Regulation shall enter into force on the day of its
of the Member State in which the operations relating         publication in the Official Journal of the European
to the tendering are completed.                               Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 9 April 1976.
                                                                       For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission