CELEX: 31975R3313
Language: en
Date: 1975-12-19 00:00:00
Title: Regulation (EEC) No 3313/75 of the Commission of 19 December 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Afghanistan

20 . 12. 75                             Official Journal of the European Communities                        No L 328/ 17
                            REGULATION (EEC) No 3313/75 OF THE COMMISSION
                                    v                of 19 December 1975
               opening an invitation to tender for the mobilization of common wheat as food
                                            aid for the Republic of Afghanistan
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
                                                                   of the tenders submitted in response to the invitation
Having regard to Council Regulation (EEC) No                       to tender and of those accepted by the intervention
2727/75 (!) of 29 October 1975 on the common organ­                agency ;
ization of the market in cereals ;
                                                                  Whereas the Monetary Committee will be consulted ;
Having regard to Council Regulation (EEC) No                      whereas, in view of the urgency, the measures envis­
2750/75 (2) of 29 October 1975 laying down the condi­              aged should be adopted in accordance with the condi­
tions for the mobilization of cereals as food aid, and             tions laid down in Article 3 (2) of Council Regulation
in particular Article 6 thereof ;                                  No 129 (3) on the value of the unit of account and the
                                                                  exchange rates to be applied for the purposes of the
Whereas on 3 March 1975 the Council of the Euro­
                                                                  common agricultural policy, as last amended by Regu­
pean Communities declared that by way of Commu­                   lation (EEC) No 2543/73 (4), and in particular Article
nity action it proposed to grant the Republic of                  3 thereof ;
Afghanistan 2 500 metric tons of common wheat
under its 1974/75 food-aid programme ;                            Whereas the measures provided for in this Regulation
                                                                  are in accordance with the Opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­              ment Committee for Cereals,
tion (EEC) No 2750/75 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 td 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 to the
may relate to products mobilized anywhere within                  Republic of Afghanistan by way of Community food­
those Member States ; whereas, in view of the currency            aid action of 2 500 metric tons of common wheat.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account           2. The tendering procedure shall take place in
should be taken of the effect on each tender of the               France in one lot. The product shall be mobilized on
currency situation in the Member State in which the               the Community market. Loading shall take place from
customs export formalities will be completed ;                    Rouen .
Whereas the award under the invitation to tender                  3 . The product referred to in paragraph 1 is to be
must be made in favour of the tenderer offering the               delivered in new jute sacks of a net capacity of 50 kg
best terms ;                                                      to the port of shipment in the vicinity of the vessel.
                                                                  The goods must be set down at the place nominated
Whereas, should force majeure make it impossible to               by the recipient country or its agent, the timing of
complete the operation in question within the set                 delivery being settled by the tenderer and the recip­
time limits, it should be made clear who is to bear the           ient country's agent.
liability for any resulting costs ;
                                                                  The following shall be printed on the sacks :
Whereas provision should be made for security to be                   I
given to guarantee fulfilment of the obligations arising          'Wheat — Gift of the European Economic Commu­
by virtue of participation in the invitation to tender ;          nity to the Republic of Afghanistan.'
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                           (3) OJ No 106, 30. 10. 1962, p. 2553/62.
I2) OJ No L 281 , 1 . 11 . 1975, p. 89.                           (4) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 328/ 18                        Official Journal of the European Communities                              20. 12. 75
                         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 6 January 1976.                                             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 6 January 1976 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
                                                               five units of account per metric ton of goods.
                         Article 3
                                                               It shall be released :
 1 . The prices offered must be expressed in the
                                                               — in the case of all tenderers whose tenders are
currency of the Member State in which the invitation
to tender was issued.                                               unsuccessful or are not accepted,
                                                               — in the case of the successful tenderer, when the
2. Tenders must in particular mention the Member                    operations concerned have been carried out within
State in which the tenderer, in the event of his being              the prescribed time limit and on submission of
declared successful, expects to complete the customs                the original export licence duly granted and
export formalities for the products concerned.                      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             — in the case of the successful tenderer for quantities
sion compensatory amount applicable on the closing                  not supplied by reason of force majeure.
date for submission of tenders to exports from the
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
                                                               guarantee issued by a credit institution conforming to
 Such correction shall be made by :                            criteria laid down by each Member State.
— increasing prices which mention a Member State
      whose currency has depreciated or a new Member                                    Article 7
      State, 1
 — reducing prices which mention a Member State                The common wheat referred to in Article 1 to be
      whose currency has been revalued.                         supplied to the Republic of Afghanistan must be of
                                                                fair and sound merchantable quality and correspond
 The monetary compensatory amount shall, where                  at least to the standard quality for which the interven­
 appropriate, be converted into the currency of the             tion price is fixed, except that the moisture content
 Member State in which the invitation to tender is              shall not exceed 15-5 % and that a maximum of 3 %
 issued using :                                                 of sprouted grains and 1 -5 % of miscellaneous impuri­
 — in the case when the currencies concerned are                ties shall be allowed.
      kept at any given moment within a band of
      2-25 %, a conversion rate resulting from their                                    Article 8
      central rate,
 — in the other cases, the average of the spot rates of         1 . The French intervention agency shall be respon­
      the currencies concerned recorded in the Member           sible for organizing the invitation to tender provided
      State in which the invitation to tender is issued         for by this Regulation.
      during a period from the Wednesday of one week            2.    It shall forthwith communicate to the Commis­
      to the Tuesday of the following week being the
      period immediately preceding the closing date for         sion the list of firms which have responded to the invi­
      submission of tenders.                                    tation to tender, specifying the terms of each tender,
                                                                together with the name and business name of the
                                                                successful tenderer.
                          Article 4
  The contract shall be awarded to the tenderer offering        3. Where the customs export formalities for the
  the best terms, taking into consideration the adjust­         mobilized product are completed in a Member State
                                                                other than that in which the invitation to tender is
  ment referred to in Article 3 (3).
                                                                issued, the intervention agency of the latter Member
  However, if the tenders submitted do not appear to            State shall be responsible for the operations following
  reflect normal market prices and costs, the interven­          tendering, including payment to the successful
  tion agency may cancel the invitation to tender.               tenderer.
 ---pagebreak--- 20 . 12. 75                        Official Journal of the European Communities                          No L 328/ 19
In such case, the intervention agency choosing the            (b) the date of departure of the vessels.
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and              The information indicated above shall be forwarded
shall supply it with all the information which it may         by the intervention agency of the Commission imme­
require.                                                      diately upon receipt.
Furthermore, the amount of the successful tender              5. When the intervention agency responsible for
shall be paid after it has been converted using the           the operations relating to tendering is not the interven­
average of the spot rates referred to in the second           tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (3) to the tenderer in the          shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations          tion necessary for releasing the security.
relating to the tendering are completed.
4. The intervention agency shall request the                                          Article 9
successful tenderer to supply the following informa­
tion :
                                                              This Regulation shall enter into force on the day of its
(a) after each shipment a certificate showing the quan­       publication in the Official Journal of the European
     tities dispatched and the quality of the products ;      Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 19 December 1975 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                    Member of the Commission