CELEX: 31975R2923
Language: en
Date: 1975-11-07 00:00:00
Title: Regulation (EEC) No 2923/75 of the Commission of 7 November 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Zambia

No L 290/ 14                           Official Journal of the European Communities                            8 . 11 . 75
                            REGULATION (EEC) No 2923/75 OF THE COMMISSION
                                                     of 7 November 1975
               opening an invitation to tender for the mobilization of common wheat as food
                                               aid for the Republic of Zambia
THE COMMISSION OF THE EUROPEAN                                    tions arising by virtue of participation in the invita­
 COMMUNITIES,                                                     tion to tender will be fulfilled ;
 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 29 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 invitation
                                                                  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 14 May 1973 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 Republic of                 common agricultural policy, as last amended by Regu­
 Zambia, 5 000 metric tons of common wheat under                  lation (EEC) No 2543/73 (4), and in particular Article
 its 1972/73 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 the proposed invitation to tender should be
 for supply of the products delivered cif, that is at the
moment when the goods are actually removed from                   HAS ADOPTED THIS REGULATION :
the ship's hold at the port of unloading ;
Whereas tenders may be submitted by tenderers esta­                                       Article 1
blished in any Member State of the Community and
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             Republic of Zambia by way of Community food-aid
that the tenders are as comparable as possible, account           action of 5 000 metric tons of common wheat.
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 product shall be mobilized on
                                                                  the Community market. The product shall be loaded
Whereas the award under the invitation to tender                  for the departure from any Community port.
must be made in favour of the tenderer offering the
best terms ;                                                      3.     The invitation to tender provided for in para­
                                                                  graph 1 is for supply of products delivered cif, that is
Whereas, should force majeure make it impossible to               at the moment when the goods are actually removed
complete the operation in question within the set                 from the ship's hold at the port of unloading.
time limits, it should be made clear who is to bear the
liability for any resulting costs ;                               4. The successful tenderer shall deliver the product
                                                                  specified in paragraph 1 cif to the port of Dar-es­
Whereas provisions should be made for security to be              Salaam in new jute sacks of a net capacity of 50 kilo­
given for the purpose of guaranteeing that the obliga­            grammes .
(') 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/ 15
 The following shall be printed on the sacks :                 However, if the tenders submitted do not appear to
 'SOFT WHEAT — GIFT OF THE EUROPEAN                            reflect normal market prices and costs, the interven­
 ECONOMIC COMMUNITY TO THE REPUBLIC                           tion agency may cancel the invitation to tender.
 OF ZAMBIA'.
                                                                                       Article 5
                         Article 2
                                                               1 . The tenderer shall give security in an amount of
 1 . The decision on tenders received in response to
                                                              five units of account per metric ton of goods.
 the invitation provided for in Article 1 shall be taken
 on 21 November 1975.                                         It shall be released :
 2.     The closing date for submission of tenders shall      — in the case of all tenderers whose tenders are
be 21 November 1975 at 12 noon .                                   unsuccessful or are not accepted,
3.     The    notice of  invitation to   tender  shall be     — in the case of the successful tenderer, when the
published in the Official Journal of the European                  operations concerned have been carried out within
 Communities not less than nine days before the                    the prescribed time limit and on submission of
closing date for submission of tenders.                            the original export licence duly granted and
                                                                   endorsed by the competent authorities of the
                         Article 3                                 Member State mentioned in the tender pursuant
 1 . The prices offered must be expressed in the                   to Article 3 (2),
currency of the Member State in which the invitation          — in the case of the successful tenderer for quantities
to tender was issued .                                             not supplied by reason of force majeure.
2. Tenders must in particular mention the Member              2. The security required under paragraph 1 may be
State in which the tenderer, in the event of his being        provided in the form of a cash deposit or of a
declared successful, expects to complete the customs          guarantee issued by a credit institution conforming to
export formalities for the products concerned.                criteria laid down by each Member State.
3.      For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected                                Article 6
by the monetary compensatory amount and the acces­
sion compensatory amount applicable on the closing            The common wheat referred to in Article 1 must be
date for submission of tenders to exports from the            of fair and sound merchantable quality and corres­
Member State mentioned in the tender pursuant to              pond at least to the standard quality for which the
paragraph 2.                                                  intervention price is fixed, except that the moisture
                                                              content shall not exceed 1 5-5 % and that a maximum
Such correction shall be made by :                            of 3 % of sprouted grains and 1-5 % of miscellaneous
— increasing prices which mention a Member State              impurities shall be allowed.
     whose currency has depreciated or a new Member
     State,
                                                                                       Article 7
— reducing prices which mention a Member State
     whose currency has been revalued.                        1 . The French intervention agency shall be respon­
The monetary compensatory amount shall, where                 sible for organizing the invitation to tender provided
appropriate, be converted into the currency of the            for by this Regulation.
Member State in which the invitation to tender is
                                                              2.     It shall forthwith communicate to the Commis­
issued using :                                                sion the list of firms which have responded to the invi­
— in the case when the currencies concerned are               tation to tender, specifying the terms of each tender,
     kept at any given moment within a band of                together with the name and business name of the
     2-25 % , a conversion rate resulting from their          successful tenderer.
     central rate,
— in the other cases, the average of the spot rates of        3 . Where the customs export formalities for the
     the currencies concerned recorded in the Member          mobilized product are completed in a Member State
     State in which the invitation to tender is issued        other than that in which the invitation to tender is
     during a period from the Wednesday of one week           issued, the intervention agency of the latter Member
     to the Tuesday of the following week being the           State shall be responsible for the operations following
     period immediately preceding the closing date for        tendering, including      payment to    the   successful
     submission of tenders.                                   tenderer.
                         Article 4                            In such case, the intervention agency choosing the
                                                              successful tenderer shall immediately inform the inter­
The contract shall be awarded to the tenderer offering        vention agency of the Member State concerned and
the best terms, taking into consideration the adjust­         shall supply it with all the information which it may
ment referred to in Article 3 (3).                            require .
 ---pagebreak--- No L 290/ 16                       Official Journal of the European Communities                              8 . 11 . 75
Furthermore, the amount of the successful tender             The information indicated above shall be forwarded
shall be paid after it has been converted using the          by the intervention agency to the Commission imme­
average of the spot rates referred to in the second          diately upon receipt.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations         5. When the intervention agency responsible for
relating to the tendering are completed.                     the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
4. The intervention agency shall request the                 shall send as soon as possible to the latter the informa­
successful tenderer to supply the following informa­         tion necessary for releasing the security.
tion :
(a) after e^ch shipment a certificate showing the quan­                              Article 8
    tities dispatched and the quality of the products ;
(b) the date of departure of the ships ;                     This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
    during transportation of the products.                    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