CELEX: 31975R0760
Language: en
Date: 1975-03-21 00:00:00
Title: Regulation (EEC) No 760/75 of the Commission of 21 March 1975 opening an invitation to tender for the mobilization of maize as food aid for the Democratic Republic of Somalia

No L 76/ 1 4                                Official Journal of the European Communities                               25 . 3 . 75
                               REGULATION ( EEC) No 760/75 OF THE COMMISSION
                                                           of 21 March 1975
               opening an invitation to tender for the mobilization of maize as food aid for the
                                                   Democratic Republic of Somalia
THE COMMISSION OF THE EUROPEAN                                         Whereas provisions should be made for security to be
COMMUNITIES,                                                          given for the purpose of guaranteeing that the obliga­
                                                                       tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European                  tion to tender for supplies to the Democratic Republic
Economic Community ;                                                   of Somalia will be fulfilled ;
Having regard to Council Regulation No 1 20/                          Whereas the French intervention agency should be
67/ EECC ) of 13 June 1967 on the common organiza­                     made responsible for the tendering procedure ;
tion of the market in cereals, as last amended by Regu­
lation ( EEC) No 85/75 ( 2 ) ;
                                                                       Whereas the Commission must be informed quickly
                                                                       of the tenders submitted in response to the invitation
Having regard to Council Regulation ( EEC) No                          and of those accepted by the intervention agency ;
1 693/72 (3 ) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid , and
in particular Article 6 thereof ;                                     Whereas the Monetary Committee will be consulted ;
                                                                      whereas, in view of the urgency, the measures envis­
                                                                       aged should be adopted in accordance with the condi­
Whereas on 17 February 1975 the Council of the                         tions laid down in Article 3 (2) of Council Regulation
European Communities declared that by way of                           No 12 ^     on the value of the unit of account and the
Community action it proposed to grant the Demo­                        exchange rates to be applied for the purposes of the
cratic Republic of Somalia 5 000 metric tons of maize                  common agricultural policy, as last amended by Regu­
under its 1974/75 food-aid programme ;                                 lation ( EEC) No 2543 /73 (■), and in particular Article
                                                                       3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion ( EEC) No 1693 /72 the goods may be purchased
anywhere on the Community market ;                                    W'hereas the measures provided for in this Regulation
                                                                       are in accordance with the Opinion of the Manage­
                                                                       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 placed in lighter
at the port of unloading ;
                                                                       HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta­
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                                            Art itie 1
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account                 1.    Tenders are hereby invited for the supply to the
should be taken of the effect on each tender of the
                                                                       Democratic Republic of Somalia of by way of Commu­
currency situation in the Member State in which the                    nity food-aid action , of 5 000 metric tons of maize .
customs export formalities will be completed ;
Whereas the award under the invitation to tender                       2 . The tendering procedure shall take place in
must be made in favour of the tenderer offering the                    Prance in one lot. The product shall be mobilized on
best terms ;                                                           the Community market . The product shall be loaded
                                                                       for departure from any Community port .
Whereas, should fora- nnijcun make it impossible to
complete the operation in question within the set                      3.     The invitation to tender provided for in para­
time limits , it should be made clear who is to bear the              graph 1 is for supply of products delivered cif that is
liability for any resulting costs ;                                    to say, actually placed in lighter of the port of Moga­
                                                                       discio .
(') 0 ( No 117, 19 . 6 . 1967, p . 2269 / 67 .
(2 ) OJ No L II , 16. 1 . 1 97 .S , p . 1 .                           {'•) 0 1 No 106 , 30 . 10 . 1962, p. 2553 / 62 .
(3 ) O ) No L 178 , 5 . 8 . 1972, p . 3 .                              (s ) OJ No L 26 ?, 19 . 9 . 1973 , p. 1 .
 ---pagebreak---   25 . 3 . 75                            Official Journal of the European Communities                          No L 76/ 15
  4. The successful tenderer shall deliver the product                   to the Tuesday of the following week being the
  specified in paragraph 1 in new jute sacks of a net                    period immediately preceding the closing date for
  capacity of 30 kilogrammes . The following shall be                    submission of tenders .
  printed on the sacks :
  'Maize — gift of the European Community — to be                                             A rticle 4
  distributed free of charge .'
                                                                   The contract shall be awarded to the tenderer offering
                                                                    the best terms, taking into consideration the adjust­
                           Article 2                                ment referred to in Article 3 (3).
   1 . The decision on tenders received in response to              However, if the tenders submitted do not appear to
  the invitation provided for in Article 1 shall be taken           reflect normal market prices and costs, the interven­
  on 8 April 1975 .                                                 tion agency may cancel the invitation to tender.
  2. The closing date for the receipt of tenders shall
                                                                                              Article 5
  be 8 April 1975 at 12 noon .
  3.     The    notice of  invitation      to  tender  shall  be    1 . The tenderer shall give security in an amount of
  published in the Official Journal of the European                 five units of account per metric ton of goods .
   Communities not less than nine days before the                   It shall be released :
  closing date for submission of tenders .
                                                                    — in the case of all tenderers whose tenders are
                                                                         unsuccessful or are not accepted,
                           Article J
                                                                    — in the case of the successful tenderer, when the
   1 . The prices offered must be expressed in the                       operations concerned have been carried out within
  currency of the Member State in which the invitation                   the prescribed time limit and on submission of
  to tender was issued .                                ,                the original export licence duly granted and
                                                                         endorsed by the competent authorities of the
                                                                         Member State mentioned in the tender pursuant
  2. Tenders must in particular mention the Member
                                                                         to Article 3 (2),
  State in which the tenderer, in the event of his being
  declared successful , expects to complete the customs             — in the case of the successful tenderer for quantities
  export formalities for the products concerned .                        not supplied by reason of force majeure.
  3.      For the purpose of rendering the tenders compar­          2. The security required under paragraph 1 may be
  able, the prices shall , where appropriate, be corrected          provided in the form of a cash deposit or of a
  by the monetary compensatory amount applicable on                 guarantee issued by a credit institution conforming to
   the closing date for submission of fenders to exports            the criteria laid down by each Member State .
   from the Member State mentioned in the tender
   pursuant to paragraph ?..
                                                                                              Article 6
  Such correction shall be made by :
                                                                     1 . The product referred to in Article 1 which is to
  — increasing prices which mention a Member State                  be supplied for human consumption to the Demo­
       whose currency has depreciated ,                             cratic Republic of Somalia must be of fair and sound
                                                                    merchantable quality, be free from odour, and corres­
  — reducing prices which mention a Member State                    pond at least to the standard quality for which the
       whose currency has been revalued .                           intervention price is fixed .
  Such monetary compensator)' amount shall , where                  2 . Tenders for supply to the Democratic Republic
  appropriate , be converted i-ito the currency of the              of Somalia of the product specified in Article 1 must
   Member State in which, fir invitation to tender is               relate   to  maize     of fair  and  sound merchantable
   issued using :                                                   quality, free from odour, and correspond at least to the
' — in the case when the currencies concerned are                   standard quality for which the intervention price is
                                                                    fixed .
       kept at any given moment within a band of
       2-25 % , a conversion rate '' Suiting from their
       central rate ,
                                                                                              Article 7
  — in the other cases , fin. , iverit <: v of the spot rates of
       the currencies concerned eco:ded in the Member                1 . The French intervention agency shall be respon­
       State in which the           ' r to fender is issued         sible for organizing the invitation to tender provided
       during a period from rK-          - dnesday of one week      for by this Regulation .
 ---pagebreak--- No L 76/ 16                         Official Journal of the European Communities                               25 . 3 . 75
2.     It shall forthwith communicate to the Commis­           (a) after each shipment, a certificate showing the quan­
sion the list of firms which have responded to the invi­           tities dispatched, the quality of the products and
tation to tender, specifying the terms of each tender,             the type of packing ;
together with the name and business name of the
successful tenderer.                                           (b) the date of the departure of the ships, the esti­
                                                                   mated date of arrival of the products at their desti­
3 . Where the customs export formalities for the                   nation ;
mobilized product are completed in a Member State
other than that in which the invitation to tender is           (c) all possible contingencies which might occur
                                                                   during transportation of the products .
issued, the intervention agency of the latter Member
State shall be responsible for the operations following
tendering, including payment to the successful ten­            The information indicated above shall be forwarded
derer.                                                         by the intervention agency to the Commission imme­
                                                               diately upon receipt.
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and               5 . When the intervention agency responsible for
shall supply it with all the information which it may          the operations relating to tendering is not the interven­
require .                                                      tion agency which appoints the successful tenderer, it
                                                               shall send as soon as possible to the latter the informa­
Furthermore , the amount of the successful tender              tion necessary for releasing the security.
shall be paid after it has been converted using the
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 8
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 Jon nidi of the European
tion :                                                          Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels , 21 March 1975 .
                                                                          Eor the Commission
                                                                            P. J. LARDINOIS
                                                                      Member of the Commission