CELEX: 31975R1011
Language: en
Date: 1975-04-18 00:00:00
Title: Regulation (EEC) No 1011/75 of the Commission of 18 April 1975 opening an invitation to tender for the mobilization of common wheat as food aid for Senegal

19 . 4. 75                              Official Journal of the European Communities                              No L 98 / 5
                            REGULATION (EEC) No 1011 /75 OF THE COMMISSION
                                                       of 18 April 1975
               opening an invitation to tender for the mobilization of common wheat and
                                                maize as food aid for Senegal
THE COMMISSION OF THE EUROPEAN                                     tions arising by virtue of participation in the invita­
COMMUNITIES,                                                       tion to tender for supplies to Senegal 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 No 120/
67/EEC ( 1 ) of 13 June 1967 on the common organiza­               Whereas the Commission must be informed quickly
tion of the market in cereals, as last amended by Regu­            of the tenders submitted in response to the invitation
lation '(EEC) No 665/75 (2 ) ;                                     and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
                                                                   Whereas the Monetary Committee will be consulted ;
1 693/72 (3) of 3 August 1972 laying down the condi­
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 17 December 1974 the Council of the                     No 129 (4) on the value of the unit of account and the
European Communities declared that by way of                       exchange rates to be applied for the purposes of the
Community action it proposed to grant Senegal 3 500                common agricultural policy, as last amended by Regu­
metric tons of common wheat and 3 500 metric tons                  lation (EEC) No 2543/ 73 (5), and in particular Article
                                                                   3 thereof ;
of maize under its 1974/75 food-aid programme ;
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 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 on the                   HAS ADOPTED THIS REGULATION :
dock 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                    1 . Tenders are hereby invited for the supply to
those Member States ; whereas, in view of the currency             Senegal by way of Community food-aid action of
situation in the Member States and in order to ensure              3 500 metric tons of common wheat and 3 500 metric
that the tenders are as comparable as possible, account            tons of maize .
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 two lots. The product shall be mobilized on
Whereas the award under the invitation to tender
                                                                   the Community market. The product shall be loaded
                                                                   for 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
Whereas, should force majeure make it impossible to                graph 1 is for supply of products delivered cif, that is
complete the operation in question within the set                  at the moment when the goods are actually placed on
time limits , it should be made clear who is to bear the           the dock at the port listed in the Annex .
liability for any resulting costs ;
                                                                   4 . The successful tenderer shall deliver the product
Whereas provisions should be made for security to be               specified in paragraph 1 in new jute sacks of a net
given for the purpose of guaranteeing that the obliga­             capacity of 50 kilogrammes . The following shall be
                                                                    printed on the sacks :
(') 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--- No L 98 / 6                         Official Journal of the European Communities                              19 . 4 . 75
' Froment — Don de la Communauté économique                    However, if the tenders submitted do not appear to
européenne .'                                                 reflect normal market prices and costs, the interven­
'Mais — Don de la Communauté économique euro­                 tion agency may cancel the invitation to tender.
péenne.'
                         Article 2                                                       Article 5
 1 . The decision on tenders received in response to           1 . The tenderer shall give security in an amount of
the invitation provided for in Article 1 shall be taken        five units of account per metric ton of goods.
on 2 May 1975.
                                                               It shall be released :
2. The closing date for submission of tenders shall
be 2 May 1975 at 12 noon .                                    — in the case of all tenderers whose tenders are
3.     The   notice of   invitation  to  tender  shall be           unsuccessful or are not accepted,
published in the Official Journal of the European             — in the case of the successful tenderer, when the
 Communities not less than nine days before the                     operations concerned have been carried out within
closing date for submission of tenders.                              the prescribed time limit and on submission of
                                                                     the original export licence duly granted and
                         Article 3                                   endorsed by the competent authorities of the
 1 . The prices offered must be expressed in the                     Member State mentioned in the tender pursuant
currency of the Member State in which the invitation                 to Article 3 (2),
to tender was issued .                                         — in the case of the successful tenderer for quantities
                                                                     not supplied by reason of force majeure.
 2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being         2. The security required under paragraph 1 may be
 declared successful, expects to complete the customs          provided in the form of a cash deposit or of a
export formalities for the products concerned .                guarantee issued by a credit institution conforming to
 3 . For the purpose of rendering the tenders compar­          criteria laid down by each Member State .
 able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount and the acces­                                       Article 6
 sion compensatory amount applicable on the closing
date for submission of tenders to exports from the
 Member State mentioned in the tender pursuant to
                                                                1 . The common wheat specified in Article 1 to be
                                                               supplied for human consumption to the Republic of
 paragraph 2.
                                                               Senegal must be of fair and sound merchantable
 Such correction shall be made by :                            quality, be free from odour, and correspond at least to
 — increasing prices which mention a Member State              the standard quality for which the intervention price
     whose currency has depreciated or a new Member            is fixed, except that the humidity shall not exceed
     State ,                                                    1 5-5 % and that a maximum tolerance of 3 % of
 — reducing prices which mention a Member State                sprouted grains and 1 % of miscellaneous impurities
                                                               shall be allowed .
     whose currency has been revalued .
 The monetary compensatory amount shall , where                2. Tenders for supply to the Republic of Senegal of
 appropriate , be converted into the currency of the           the products specified in Article 1 must relate to
 Member State in which the invitation to tender is             common        wheat    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
     kept at any given moment within a band of                  fixed, except that the humidity shall not exceed
                                                                15-5% and that a maximum tolerance of 3% of
     2-25 % , a conversion rate resulting from their
     central rate ,                                             sprouted grains and 1 % of miscellaneous impurities
                                                                shall be allowed .
 — in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member
                                                                3.     The maize referred to in Article 1 which is to be
     State in which the invitation to tender is issued
     during a period from the Wednesday of one week             supplied for human consumption to Senegal must be
                                                                of fair and sound merchantable quality, be free from
     to the Tuesday of the following week being the
                                                                odour, and correspond at least to the standard quality
     period immediately preceding the closing date for
     submission of tenders .                                    for which the intervention price is fixed .
                         Article 4                              4. Tenders for supply to Senegal of the product
                                                                specified in Article 1 must relate to maize of fair and
 The contract shall be awarded to the tenderer offering         sound merchantable quality, free from odour, and
 the best terms taking into consideration the adjust­           correspond at least to the standard quality for which
  ment referred to in Article 3 (3).                            the intervention price is fixed .
 ---pagebreak--- 19 . 4. 75                          Official Journal of the European Communities                                      No L 98 / 7
If the products specified in Article 1 do not meet the               average of the spot rates referred to in the second
foregoing requirements they shall be rejected and the                subparagraph of Article 3 (3) to the tenderer in the
successful tenderer shall be owner thereof.                          currency of the Member State in which the operations
                                                                     relating to the tendering are completed .
                          Article 7
                                                                     4. The intervention agency shall request the
1 . The French intervention agency shall be respon­                  successful tenderer to supply the following informa­
sible for organizing the invitation to tender provided               tion :
for by this Regulation .
                                                                     (a) after each shipment a certificate showing the quan­
2.    It shall forthwith communicate to the Commis­                      tities dispatched and the quality of the products ;
sion the list of firms which have responded to the invi­             (b) the date of departure of the vessels ;
tation to tender, specifying the terms of each tender,
together with the name and business name of the                      (c) all possible contingencies which might occur
successful tenderer.                                                     during transportation of the products.
3 . Where the customs export formalities for the                     The information indicated above shall be forwarded
mobilized product are completed in a Member State                    by the intervention agency to the Commission imme­
other than that in which the invitation to tender is                 diately upon receipt.
issued, the intervention agency of the latter Member
State shall be responsible for the operations following              5 . When the intervention agency responsible for
tendering, including payment to the successful                       the operations relating to tendering is not the interven­
tenderer.                                                            tion agency which appoints the successful tenderer, it
                                                                     shall send as soon as possible to the latter the informa­
In such case, the intervention agency choosing the                   tion necessary for releasing the security.
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and
shall supply it with all information which it may                                                  Article 8
require .
                                                                     This Regulation shall enter into force on the day of its
Furthermore , the amount of the successful tender                    publication in the Official Journal of the European
shall be paid after it has been converted using the                   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
                                                           ANNEX
                                        Number                                                               Metric
                        Product                    Port of unloading       Minimum rate of unloading
                                         of lot                                                           tonnage cif
              Soft wheat                   1                                                                3 500
                                                    Dakar                   Customs of the port
              Maize                        2                                                                3 500