CELEX: 31975R2921
Language: en
Date: 1975-11-07 00:00:00
Title: Regulation (EEC) No 2921/75 of the Commission of 7 November 1975 opening an invitation to tender for the mobilization of soft wheat as food aid for the World Food Programme

No L 290/8                              Official Journal of the European Communities                             8 . 11 . 75
                            REGULATION (EEC) No 2921 /75 OF THE COMMISSION
                                                     of 7 November 1975
               opening an invitation to tender for the mobilization of soft wheat as food aid for
                                                 the World Food Programme
 rHE COMMISSION OF THE EUROPEAN                                   by virtue of participation in the invitation to tender
 COMMUNITIES,                                                      for the supply of wheat to the WFP ;
Having regard to the Treaty establishing the European             Whereas the French intervention agency should be
Economic Community ;                                               made responsible for the tendering procedure in ques­
                                                                  tion ;
Having regard to Council Regulation (EEC) No
2727/75 ( !) of 2? October 1975 on the common organ­              Whereas the Commission must be informed quickly
ization of the market in cereals,                                  of the tenders submitted in response to the envisaged
                                                                   and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
2750/75 (2) of 29 October 1975 laying down the condi­             Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid, and            whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof ;                                 aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
Whereas on 3 March 1975 the Council of the Euro­
                                                                   No 129 (3) on the value of the unit of account and the
pean Communities declared that by way of Commu­                    exchange rates to be applied for the purposes of the
nity action it proposed to grant the World Food                    common agricultural policy, as last amended by Regu­
Programme (WFP) 40 000 metric tons of cereals under                lation (EEC) No 2543/73 (4), and in particular Article
its 1974/75 food-aid programme ;                                   3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­              Whereas the measures provided for in this Regulation
tion (EEC) No 2750/75 the goods may be purchased                   are in accordance with the Opinion of the Manage­
anywhere on the Community market ;                                 ment Committee for Cereals,
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­            HAS ADOPTED THIS REGULATION :
nated by the recipient or its agent ;
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                                            Article 1
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency             1 . Tenders are hereby invited for the supply to the
situation in the Member States and in order to ensure              World Food Programme by way of Community food­
that the tenders are as comparable as possible, account            aid action of :
should be taken of the effect on each tender of the
currency situation in the Member State in which the               — 7 565 metric tons of soft wheat.
customs export formalities will be completed ;
                                                                   2. The tendering procedure shall take place in
Whereas the award under the invitation to tender                   France in one lot. The product shall be mobilized on
must be made in favour of the tenderer offering the                the Community market. The product shall be loaded
best terms ;                                                       for departure from any Community port.
Whereas, should force majeure make it impossible to                3 . The product referred to in paragraph 1 is to be
complete the operation in question within the set                 delivered in new jute sacks of a net capacity of 50 kilo­
time limits, it should be made clear who is to bear the           grammes to the port of shipment in the vicinity of the
liability for any resulting costs ;                               vessel . The goods must be set down at the place nomi­
                                                                   nated by the recipient country or its agent, the timing
Whereas provision should be made for security to be               of delivery being settled by the tenderer and the recip­
given to guarantee fulfilment of the obligations arising           ient country's agent.
(■) OJ No L 281 , 1 . 11 . 1975, p. 1 .                           (3) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(2) OJ No L 281 , 1 . 11 . 1975, p. 89 .                          (4) OJ No L 263, 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- 8 . 11 . 75                       Official Journal of the European Communities                           No L 290/9
The following shall be printed on the sacks :                However, if the tenders submitted do not appear to
'WHEAT        —     GIFT     OF   THE      EUROPEAN          reflect normal market prices and costs, the interven­
ECONOMIC COMMUNITY TO WORLD FOOD                             tion agency may cancel the invitation to tender.
PROGRAMME ;
                        Article 2                                                     Article 5
 1.    The decision on tenders received in response to       If the tenderer is unable to deliver the goods in
the invitation provided for in Article 1 shall be taken      compliance with Article 1 (3) on the date given in the
on 21 November 1975.                                         notice of invitation to tender as a result of the late
2.     The closing date for submission of tenders shall     availability of the vessels to be used for sea transporta­
be 21 November 1975 at 12 noon .                             tion, the resulting costs shall be borne by the interven­
                                                             tion agency.
3.     The   notice of invitation  to tender shall be
published in the Official Journal of the European                                     Article 6
Communities, not less than nine days before the
closing date for submission of tenders.                      1 . The tenderer shall give security in an amount of
                        Article 3
                                                             five units of account per metric ton of goods.
                                                             It shall be released :
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation        — in the case of all tenderers whose tenders are
to tender was issued .                                           unsuccessful or are not accepted,
?. Tenders must in particular mention the Member            — in the case of the successful tenderer, when the
State in which the tenderer, in the event of his being           operations concerned have been carried out within
declared successful, expects to complete the customs             the prescribed time limit and on submission of
export formalities for the products concerned.                   the original export licence duly granted and
                                                                 endorsed by the competent authorities of the
3 . For the purpose of rendering the tenders compar­             Member State mentioned in the tender pursuant
able, the prices shall, where appropriate, be corrected          to Article 3 (2),
by the monetary compensatory amount and the acces­
sion compensatory amount applicable on the closing          — in the case of the successful tenderer for quantities
date for submission of tenders to exports from the               not supplied by reason of force majeure.
Member State mentioned in the tender pursuant to             2. The security required under paragraph 1 may be
paragraph 2,
                                                             provided in the form of a cash deposit or of a
Such correction shall be made by :                          guarantee issued by a credit institution conforming to
— increasing prices which mention a Member State             criteria laid down by each Member State.
     whose currency has depreciated or a new Member
     State,                                                                           Article 7
— reducing prices which mention a Member State
     whose currency has been revalued.                      The common wheat referred to in Article 1 to be
                                                             supplied to the WFP must be of fair and sound
The monetary compensatory amount shall, where                merchantable quality and correspond at least to the
appropriate, be converted into the currency of the           standard quality for which the intervention price is
Member State in which the invitation to tender is
                                                             fixed, except that the moisture content shall not
issued using :                                               exceed     15-5 % and that a maximum of 3 % of
— in the case when the currencies concerned are              sprouted grains and 1 -5 % of miscellaneous impuri­
     kept at any given moment within a band of               ties shall be allowed .
     2-25 %., a conversion rate resulting from their
     central rate,                                                                    Article 8
— in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member         1 . The French intervention agency shall be respon­
     State in which the invitation to tender is issued       sible for organizing the invitation to tender provided
     during a period from the Wednesday of one week          for by this Regulation .
     to the Tuesday of the following week being the
     period immediately preceding the closing date for       2.     It shall forthwith communicate to the Commis­
     submission of tenders .                                 sion the list of firms which have responded to the invi­
                                                             tation to tender, specifiying the terms of each tender,
                        Article 4                            together with the name and business name of the
                                                             successful tenderer.
The contract shall be awarded to the tenderer offering
the best terms, taking into consideration the adjust­        3 . Where the customs export formalities for the
ment referred to in Article 3 (3).                           mobilized product are completed in a Member State
 ---pagebreak--- No L 290/ 10                      Official Journal of the European Communities                              8 . 11 . 75
other than that in which the invitation to tender is        (a) after each shipment a certificate showing the quan­
issued, the intervention agency of the latter Member            tities dispatched and the quality of the products ;
State shall be responsible for the operations following     (b) the date of departure of the vessels.
tendering, including payment to the successful
tenderer.
                                                            The information indicated above shall be forwarded
In such case, the intervention agency choosing the          by the intervention agency of the Commission imme­
successful tenderer shall immediately inform the inter­     diately upon receipt.
vention agency of the Member State concerned and
shall supply it with all the information which it may       5. When the intervention agency responsible for
require.                                                    the operations relating to tendering is not the interven­
                                                            tion agency which appoints the successful tenderer, it
Furthermore, the amount of the successful tender
                                                            shall send as soon as possible to the latter the informa­
shall be paid after it has been converted using the         tion necessary for releasing the security.
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                Article 9
relating to the tendering are completed.
4. The intervention agency shall 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 November 1975 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                  Member of the Commission