****

( 1 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 .

( 2 ) OJ NO L 188 , 26 . 7 . 1979 , P . 1 .

( 3 ) OJ NO L 281 , 1 . 11 . 1975 , P . 89 .

( 4 ) OJ NO L 83 , 30 . 3 . 1976 , P . 8 .

( 5 ) OJ NO L 315 , 11 . 12 . 1979 , P . 8 .

COMMISSION DECISION

OF 28 JANUARY 1980

ON THE SUPPLYING OF SORGHUM TO THE REPUBLIC OF NIGER AS FOOD AID

( ONLY THE FRENCH TEXT IS AUTHENTIC )

( 80/223/EEC )

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1547/79 ( 2 ),

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2750/75 OF 29 OCTOBER 1975 LAYING DOWN THE CONDITIONS FOR THE MOBILIZATION OF CEREALS AS FOOD AID ( 3 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 696/76 OF 25 MARCH 1976 DEROGATING FROM REGULATION ( EEC ) NO 2750/75 IN RESPECT OF MOBILIZATION PROCEDURES FOR CEREALS TO BE SUPPLIED AS FOOD AID ( 4 ),

WHEREAS , BY MEANS OF REGULATION ( EEC ) NO 2769/79 ( 5 ), THE COMMISSION HAS OPENED AN INVITATION TO TENDER FOR THE SUPPLY CIF TO THE PORT OF LOME OF 4 000 TONNES OF SORGHUM DESTINED FOR THE REPUBLIC OF NIGER AS FOOD AID ;

WHEREAS THESE GOODS MUST BE TRANSPORTED FROM THE PORT OF LOME TO THEIR FINAL DESTINATION AT NIAMEY AND DOSSO ;

WHEREAS , IN ORDER TO SATISFY THE PARTICULAR REQUIREMENTS OF THE MEASURE IN QUESTION , AND TO TAKE ACCOUNT OF LOCAL TRANSPORT CONDITIONS , USE SHOULD BE MADE OF A QUICKER AND MORE FLEXIBLE PROCEDURE THAN THE INVITATION TO TENDER ; WHEREAS , THEREFORE , THE INTERVENTION AGENCY RESPONSIBLE FOR THE TENDERING PROCEDURE FOR THE SUPPLY CIF SHOULD BE ALLOWED TO CONCLUDE , FOR DELIVERY TO THE FINAL STAGE , CONTRACTS RELATING TO ALL OR PART OF THE TRANSPORT TO BE CARRIED OUT ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS DECISION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR CEREALS ,

HAS ADOPTED THIS DECISION :

ARTICLE 1

1 . L ' OFFICE NATIONAL INTERPROFESSIONNEL DES CEREALES ( ONIC ), 21 , AVENUE BOSQUET , PARIS 7E ( INTERVENTION AGENCY ) SHALL CONCLUDE ONE OR MORE DIRECT AWARD CONTRACTS FOR THE TRANSPORT FROM LOME OF 4 000 TONNES OF SORGHUM DESTINED FOR THE REPUBLIC OF NIGER , NAMELY :

- 2 000 TONNES DELIVERED UNLOADED AT NIAMEY ,

- 2 000 TONNES DELIVERED UNLOADED AT DOSSO .

2 . IN CONCLUDING THE DIRECT AWARD CONTRACT(S ), THE ONIC MUST SEEK THE MOST FAVOURABLE CONDITIONS .

ARTICLE 2

1 . A SECURITY OF 6 ECU PER TONNE OF PRODUCT SHALL BE LODGED BY THE PARTY CONCERNED AT THE TIME OF THE SIGNATURE OF THE CONTRACT . IT SHALL BE RELEASED ON COMPLETION OF THE OPERATIONS IN QUESTION AND AS REGARDS THE QUANTITIES NOT DELIVERED IN THE EVENT OF FORCE MAJEURE .

2 . THE SECURITY REFERRED TO IN PARAGRAPH 1 MAY BE LODGED IN CASH OR IN THE FORM OF A GUARANTEE GIVEN BY A CREDIT ESTABLISHMENT SATISFYING THE REQUIREMENTS LAID DOWN BY THE MEMBER STATE .

ARTICLE 3

THE INTERVENTION AGENCY SHALL REQUIRE THE FOLLOWING INFORMATION FROM THE PARTY CONCERNED :

( A ) AFTER EACH SHIPMENT , AN ATTESTATION DETAILING THE QUANTITIES LOADED , THE QUALITY OF THE PRODUCTS AND THEIR FORM OF PACKING ;

( B ) THE DATE OF DEPARTURE AND THE DATE SET FOR THE ARRIVAL OF THE PRODUCTS AT THEIR DESTINATION ;

( C ) ANY INCIDENT WHICH MAY OCCUR DURING TRANSPORT OF THE PRODUCTS .

THE INTERVENTION AGENCY SHALL FORWARD , AS SOON AS IT HAS RECEIVED THEM , THE ABOVE PARTICULARS TO THE COMMISSION TOGETHER WITH A COPY OF THE DIRECT AWARD CONTRACT(S ).

ARTICLE 4

THIS DECISION IS ADDRESSED TO THE FRENCH REPUBLIC .

DONE AT BRUSSELS , 28 JANUARY 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT