CELEX: 31975R2012
Language: en
Date: 1975-08-01 00:00:00
Title: Regulation (EEC) No 2012/75 of the Commission of 1 August 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Turkey

No L 204/ 8                            Official Journal of the European Communities                              2. 8 . 75
                              REGULATION (EEC) No 2012/75 OF THE COMMISSION
                                                        of 1 August 1975
                opening an invitation to tender for the mobilization of common wheat as food
                                                aid for the Republic of Turkey
 THE COMMISSION OF THE EUROPEAN                                    Whereas the French intervention agency should be
 COMMUNITIES,                                                      made responsible for the tendering procedure in ques­
                                                                   tion ;
 Having regard to the Treaty establishing the European
 Economic Community ;
                                                                   Whereas the Commission must be informed quickly
 Having regard to Council Regulation No 120/                       of the tenders submitted in response to the invitation
 67/EEC ( 1 ) of 13 June 1967 on the common organiza­              and of those accepted by the intervention agency ;
 tion of the market in cereals, as last amended by Regu­
 lation (EEC) No 665/75 (2) ;                                      Whereas the Monetary Committee will be consulted ;
                                                                   whereas, in view of the urgency, the measures envis­
 Having regard to Council Regulation (EEC) No                      aged should be adopted in accordance with the condi­
 1 693/72 (3) of 3 August 1972 laying down the condi­              tions laid down in Article 3 (2) of Council Regulation
 tions for the mobilization of cereals as food aid, and            No 129 (4) on the value of the unit of account and the
 in particular Article 6 thereof ;                                 exchange rates to be applied for the purposes of the
                                                                   common agricultural policy, as last amended by Regu­
 Whereas on 21 March 1974 the Council of the Euro­                 lation (EEC) No 2543/73 (5), and in particular Article
 pean Communities declared that by way of Commu­                   3 thereof ;
 nity action it proposed „ to grant the Republic of
Turkey 5 000 metric tons of common wheat under its                Whereas the measures provided for in this Regulation
 1973/74 food-aid programme ;                                      are in accordance with the Opinion of the Manage­
                                                                   ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 1693/72 the goods may be purchased
 anywhere on the Community market ;
Whereas tenders should be invited for the supply of                HAS ADOPTED THIS REGULATION :
 the product to the port of shipment in the vicinity of
 the vessel, the goods to be set down at the place nomi­
 nated by the recipient or its agent ;
                                                                                             Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                   1 . Tenders are hereby invited for the supply, by
 may relate to products mobilized anywhere within                 way of Community food-aid action to the Republic of
those Member States ; whereas, in view of the currency            Turkey, of 5 000 metric tons of common wheat.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the               2. The tendering procedure shall take place in the
currency situation in the Member State in which the               Republic of France in one lot.
customs export formalities will be completed ;
                                                                  3 . The product shall be mobilized on the Commu­
Whereas      the  contract    should    be  awarded    to  the    nity market.
tenderer offering the best terms ;
                                                                  4.      Loading shall take place for shipment from any
Whereas in case it should be impossible for reasons of            Community port.
force majeure to complete the operation in question
within the set time limits, it must be made clear who
is to bear any costs resulting therefrom ;                        5 . The product referred to in paragraph 1 is to be
                                                                  delivered in bulk to the port of shipment in the
Whereas provision should be made for security to be               vicinity of the vessel . The goods must be set down at
given to guarantee fulfilment of the obligations arising          the place nominated by the recipient country or its
by virtue of participation in the invitation to tender ;          agent, the timing of delivery being settled by the
                                                                  tenderer and the recipient country's agent.
(') OJ No 117, 19 . 6 . 1967, p. 2269/ 67.
(') OJ No L 72, 20 . 3 . 1975, p . 14.                            (4) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 .                           (5) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- 2 . 8 . 75                         Official Journal of the European Communities                           No L 204/9
                        Article 2                                                      Article 5
1 . The decision on tenders received in response to           1 . The tenderer shall give security in an amount of
the invitation provided for in Article 1 shall be taken       5 units of account per metric ton of goods.
on 20 August 1975 .
2. The closing date for the receipt of tenders shall          It shall be released :
be 20 August 1975 at 12 noon .                               — in the case of all tenderers whose tenders are insuc­
3.      The   notice of invitation to tender shall be              cessful or are not accepted,
published in the Official Journal of the European             — in the case of the successful tenderer, when the
Communities not less than nine days before the                     operations concerned have been carried out within
closing date for submission of tenders.                            the prescribed time limit and on submission of
                                                                   the original export licence duly granted and
                        Article 3                                  endorsed by the competent authorities of the
 1 . The prices offered must be expressed in the                   Member State mentioned in the tender pursuant
currency of the Member State in which the invitation               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
3 . For the purpose of rendering the tenders compar­          criteria laid down by each Member State.
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount and the acces­
                                                                                       Article 6
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the
                                                              The common wheat referred to in Article 1 to be
Member State mentioned in the tender pursuant to
 paragraph 2.                                                 supplied to the Republic of Turkey must be of fair
                                                              and sound merchantable quality and correspond at
 Such correction shall be made by :                           least to the standard quality for which the interven­
— increasing prices which mention a Member State              tion price is fixed, except that the moisture content
      whose currency has depreciated or a new Member          shall not exceed 1 5-5 % and that a maximum of 3 %
      State,                                                  of sprouted grains and 1 -5 % of miscellaneous impuri­
                                                              ties shall be allowed .
 — reducing prices which mention a Member State
      whose currency has been revalued .
The monetary compensatory amount shall, where                                          Article 7
 appropriate, be converted into the currency of the
 Member State in which the invitation to tender is             1 . The French intervention agency shall be respon­
 issued using :                                               sible for operations relating to the invitation to tender
 — in the case when the currencies concerned are              provided for by this Regulation .
      kept at any given moment within a band of                2.    It shall forthwith communicate to the Commis­
      2-25 % , a conversion rate resulting from their
      central rate ,                                           sion the list of firms which have responded to the invi­
                                                               tation to tender, specifying the terms of each tender,
 — in the other cases, the average of the spot rates of        together with the name and business name of the
      the currencies concerned recorded in the Member          successful tenderer.
      State in which the invitation to tender is issued
      during a period from the Wednesday of one week           3 . Where the customs export formalities for the
      to the Tuesday of the following week being the           mobilized product are completed in a Member State
       period immediately preceding the closing date for       other than that in which the invitation to tender is
       submission of tenders .
                                                               issued, the intervention agency of the latter Member
                                                               State shall be responsible for the operations following
                         Article 4                             tendering, including payment to the successful
                                                               tenderer.
 The contract shall be awarded to the tenderer offering
  the best terms, taking into consideration the adjust­
  ment referred to in Article 3(3).                            In such case, the intervention agency choosing the
                                                               successful tenderer shall immediately inform the inter­
  However, if the tenders submitted do not appear to           vention agency of the Member State concerned and
  reflect normal market prices and costs, the interven­        shall supply it with all the information which it may
  tion agency may cancel the invitation to tender.             require.
 ---pagebreak--- No L 204/ 10                       Official Journal of the European Communities                               2. 8 . 75
Furthermore, the amount of the successful tender             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                 Article 8
relating to the tendering are completed.
4. The intervention agency shall request the                 On delivery of the goods at the port of shipment, a
successful tenderer to supply the following informa­          handing-over certificate shall be supplied to the
tion :                                                       successful tenderer acting as agent for the Commu­
                                                             nity, by the agent of the recipient country or, in the
(a) after each shipment a certificate showing the quan­      absence of the latter, by the intervention agency of the
    tities dispatched and the quality of the products ;      Member State in whose territory the port of shipment
(b) the date of departure of the vessels.                    is situated.
The information indicated above shall be forwarded
by the intervention agency to the Commission imme­                                   Article 9
diately upon receipt.
                                                             This Regulation shall enter into force on the day of its
5. When the intervention agency responsible for              publication in the Official Journal of the European
the operations relating to tendering is not the interven­     Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 1 August 1975.
                                                                       For the Commission
                                                                          P.J. LARDINOIS
                                                                   Member of the Commission