CELEX: 31975R1010
Language: en
Date: 1975-04-18 00:00:00
Title: Regulation (EEC) No 1010/75 of the Commission of 18 April 1975 opening an invitation to tender for the mobilization of common wheat as aid for the People's Republic of Bangladesh

I No L 98 / 2                            Official Journal of the European Communities                              19 . 4 . 75
                              REGULATION ( EEC) No 1010/75 OF THE COMMISSION
                                                        of 18 April 1975
                  opening an invitation to tender for the mobilization of common wheat as aid
                                          for the People's Republic of Bangladesh
  THE COMMISSION OF THE EUROPEAN                                   by virtue of participation in the invitation to tender
  COMMUNITIES,                                                      for the supply of wheat to the People's Republic of
                                                                    Bangladesh ;
  Having regard to the Treaty establishing the European
  Economic Community ;                                             Whereas the French intervention agency should be
                                                                    made responsible for the tendering procedure in ques­
  Having regard to Council Regulation No 120/                      tion ;
  67/ EEC (') of 13 June 1967 on the common organiza­
  tion of the market in cereals, as last amended by Regu­          Whereas the Commission must be informed quickly
  lation (EEC) No 665/75 (^) ;                                     of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
  Having regard to Council Regulation (EEC) No
  1 693/72 (3) of 3 August 1972 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 (|) 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 People's Republic           common agricultural policy, as last amended by Regu­
  of Bangladesh 50 000 metric tons of common wheat                  lation (EEC) No 2543/73 (5), and in particular Article
  under the 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 1693/72 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            HAS ADOPTED THIS REGULATION :
  the vessel , the goods to be set down at the place nomi­
  nated by the recipient country 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 People's
  those Member States ; whereas, in view of the currency            Republic of Bangladesh of 50 000 metric tons of
  situation in the Member States and in order to ensure             common wheat .
  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
  currency situation in the Member State in which the               France in five lots of 10 000 metric tons each .
  customs export formalities will be completed ;
                                                                    3.     The products 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            5.     The product referred to in paragraph 1 is to be
  is to bear any costs resulting therefrom ;                        delivered in bulk to the port of shipment in the
                                                                    vicinity of the vessel . The goods must be set down at
  Whereas provision should be made for security to be               the place nominated by the recipient country or its
  given to guarantee fulfilment of the obligations arising          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 .
  (2 ) 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---  19 . 4 . 75                        Official Journal of the European Communities                             No L 98 /3
                         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 (5) on the date given in the
 on 2 May 1975 .                                              notice of invitation to tender as a result of the late
 2. The closing date for the receipt of tenders shall         availability of the vessels to be used for sea transporta­
 be 2 May 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
 Communities not less than nine days before the                                         Article 6
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 .
 1 . The prices offered must be expressed in the              It shall be released :
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,
2. 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
3.     For the purpose of rendering the tenders compar­            endorsed by the competent authorities of the
able, the prices shall , where appropriate, be corrected           Member State mentioned in the tender pursuant
by the monetary compensatory amount and the acces­                 to Article 3 (2),
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
paragraph 2.                                                  2. The security required under paragraph 1 may be
                                                              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
The monetary compensatory amount shall , where                supplied to the People's Republic of Bangladesh must
                                                              be of fair and sound merchantable quality and corres­
appropriate, be converted into the currency of the
Member State in which the invitation to tender is             pond at least to the standard quality for which the
issued using :                                                intervention price is fixed , except that the moisture
                                                              content shall not exceed 15-5 % and that a maximum
— in the case when the currencies concerned are               of 3 % of sprouted grains and 1 -5 % of miscellaneous
     kept at any given moment within a band of                impurities 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 concered recorded in the Member
     State in which the invitation to tender is issued        1 . The French intervention agency shall be respon­
                                                              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, specifying 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
However, if the tenders submitted do not appear to            other than that in which the invitation to tender is
reflect normal market prices and costs, the interven­         issued, the intervention agency of the latter Member
tion agency may cancel the invitation to tender.              State shall be responsible for the operations following
 ---pagebreak--- No L 98 /4                         Official Journal of the European Communities                               19 . 4 . 75
tendering,    including payment to        the  successful     5.    when the intervention agency responsible for
tenderer.                                                     the operations relating to tendering is not the interven­
                                                              tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the            shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­       tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may
require.
                                                                                      Article 9
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the
average of the spot rates referred to in the second           On delivery of the goods at the port of shipment, a
subparagraph of Article 3 (3) to the tenderer in the          handing-over certificate shall be supplied to the
currency of the Member State in which the operations          successful tenderer, acting as agent for the Communi­
relating to the tendering are completed.                      ty, by the agent of the recipient country or, in the
                                                              absence of the latter, by the intervention agency of the
4. The intervention agency shall request the                  Member State in whose territory the port of shipment
successful tenderer to supply the following informa­          is situated .
tion :
(a) after each shipment a certificate showing the quan­
    tities dispatched and the quality of the products ;                               Article 10
(b) the date of departure of the vessels.
The information indicated above shall be forwarded            This Regulation shall enter into force on the day of its
by the intervention agency to the Commission imme­            publication in the Official Journal of the European
diately upon receipt.                                          Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 18 April 1975.
                                                                        For the Commission
                                                                            P.J. LARDINOIS
                                                                    Member of the Commission