CELEX: 31975R2401
Language: en
Date: 1975-09-20 00:00:00
Title: Regulation (EEC) No 2401/75 of the Commission of 19 September 1975 opening an invitation to tender for the mobilization of flour of common wheat as food aid for the Island of Mauritius

20 . 9 . 75                              Official Journal of the European Communities                                 No L 246/31
                              REGULATION ( EEC) No 2401 / 75 OF THE COMMISSION
                                                      of 19 September 1975
                  opening an invitation to tender for the mobilization of flour of common wheat
                                           as food aid for the Island of Mauritius
THE COMMISSION OF THE EUROPEAN                                     Whereas provision should be made for security to be
COMMUNITIES,                                                       given to guarantee fulfilment of the obligations arising
                                                                   by virtue of participation in the invitation to tender
Having regard to the Treaty establishing the European               for the supply of wheat to the Island of Mauritius.
Economic Community ;
                                                                   Whereas the French intervention agency should be
Having regard to Council Regulation No 120/                         made responsible for the tendering procedure in ques­
67/ EEC (') of 13 June 1967 on the common organiza­                 tion ;
tion of the market in cereals, as last amended by Regu­
lation ( EEC) No 665/75 (-);                                        Whereas the Commission must be informed quickly
                                                                    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 (-') of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid , and             Whereas the Monetary Committee will be consulted ;
in particular Article 6 thereof ;                                   whereas, in view of the urgency, the measures envis­
                                                                    aged should be adopted in accordance with the condi­
Whereas on 3 March 1975 the Council of the Euro­
                                                                    tions laid down in Article 3 (2) of Council Regulation
                                                                    No 129 (4 ) 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 Island of Mauritius            common agricultural policy, as last amended by Regu­
4 967 metric tons of cereals under its 1974/ 75 food­
                                                                    lation ( EEC) No 2543/ 73 ( s ), and in particular Article
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
the vessel , the goods to be set down at the place nomi­            HAS ADOPTED THIS REGULATION :
nated by the recipient or its agent ;
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 tor the supply to the
those Member States ; whereas, in view of the currency              Island of Mauritius by way of Community food-aid
situation in the Member States and in order to ensure               action :
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                 — 4 967 metric tons of flour of common wheat .
currency situation in the Member State in which the
customs export formalities will be completed ;                      2.     The tendering procedure shall take place in
                                                                     France in two lots . The product shall be mobilized on
Whereas the award under the invitation               to tender      the Community market . The product shall he loaded
 must be made in favour of the tenderer offering the                for departure from any French port .
best terms ;
                                                                    3.     The flour is to be delivered in new jute sacks of
 Whereas, should force iinljcure make it impossible to              a net capacity of 67 kg to the port of shipment in the
complete the operation in question within the set                   vicinity of the vessel . The goods must be set down at
time limits , it should be made clear who is to bear the            the place nominated by the recipient country or its
 liability , for any resulting costs ;                              agent, the timing of delivery being settled by the
                                                                    tenderer and the recipient country 's agent .
(') O ) No 117 , 19 . 6 . 1967, p . 2269/ 67 .
(-) 0"| No I. 72, 20 . 3 . 1975, p. 14.                             (4 ) OJ No 106 , 30 . 10 . 1962 , p . 2553 / 62 .
(■'•) O'j No L 178 , 5. 8 . 1972, p. 3 .                            H 0 | No L 263 , 19 . 9 . 1973 , p . I.
 ---pagebreak--- No L 246/ 32                         Official Journal of the European Communities                               20 . 9 . 75
4.      The following shall be printed on the sacks :                                     Article 4
' Farine de froment — Don de la Communauté écono­
mique européenne .'                                            The contract shall be awarded to the tenderer offering
                                                               the best terms, taking into consideration the adjust­
                                                               ment referred to in Article 3 (3).
                          Article 2
                                                                However, if the tenders submitted do not appear to
 1 . The decision on tenders received in response to           reflect normal market prices and costs, the interven­
the invitation provided for in Article 1 shall be taken        tion agency may cancel the invitation to tender.
on 3 October 1975 .
 2.     The closing date for submission of tenders shall                                  Article 5
be the 3 October 1975 at 12 noon .
3.      The   notice of   invitation  to  tender  shall be
                                                                If the tenderer is unable to deliver the goods in
                                                               compliance with Article 1 (3) on the date given in the
 published in the Official Journal of the European              notice of invitation to tender as a result of the late
 Communities, not less than nine days before the
                                                                availability of the vessels to be used for sea transporta­
closing date for submission of tenders.
                                                                tion , the resulting costs shall be borne by the interven­
                                                                tion agency.
                          Article 3
  1 . The prices offered must be expressed in the                                         Article 6
 currency of the Member State in which the invitation
 to tender was issued .                                          1 . The tenderer shall give security in an amount of
                                                                 10 units of account per metric ton of goods .
 2.     Tenders must in particular mention the Member
 State in which the tenderer, in the event of his being         It shall be released :
 declared successful , expects to complete the customs
 export fomalities for the products concerned .                 — in     the case of all    tenderers whose tenders are
                                                                     unsuccessful or are not accepted ,
 3.     For the purpose of rendering the tenders compar­        — in the case of the successful tenderer, when the
 able, the prices shall , where appropriate, be corrected
 by the monetary compensatory amount and the acces­                  operations concerned have been carried out within
 sion compensatory amount applicable on the closing                  the prescribed time limit and on submission of
 date for submission of tenders to exports from the                  the original export licence duly granted and
 Member State mentioned in the tender pursuant to                    endorsed by the competent authorities of the
 paragraph 2.                                                        Member State mentioned in the tender pursuant
                                                                     to Article 3 (2),
 Such correction shall be made by :                             — in the case of the successful tenderer for quantities
                                                                     not supplied by reason of force majeure.
 — increasing prices which mention a Member State
      whose currency has depreciated or a new Member
      State ,                                                   2 . The security required under paragraph 1 may be
                                                                provided in the form of a cash deposit or of a
 — reducing prices which mention a Member State                 guarantee issued by a credit institution conforming to
      whose currency has been revalued .                        criteria laid down by each Member State.
 The monetary compensatory amount shall , where
 appropriate , be converted into the currency of the                                      Article 7
 Member State in which the invitation to tender is
 issued using :
                                                                The common wheat flour referred to in Article I to be
 — in the case when the currencies concerned are                supplied to the Island of Mauritius must meet the
      kept at any given moment within a band of                  following requirements :
      2-25 % , a conversion rate resulting from their           — moisture : 14% maximum ,
      central rate ,
                                                                — protein content :1 0-5 % minimum (N x 6-25 on
 — in the other cases, the average of the spot rates of
      the currencies concerned recorded in the Member                dry matter),
      State in which the invitation to tender is issued         — ash content : 0-52 % maximum referred to dry
      during a period from the Wednesday of one week                 matter .
      to the Tuesday of the following week being the
      period immediately preceding the closing date for          Flour not meeting these requirements shall be
      submission of tenders .                                    refused .
 ---pagebreak--- 20 . 9 . 75                        Official Journal of the European Communities                          No L 246/33
                         Article 8                            average of the spot rates referred to in the second
                                                              subparagraph of Article 3 (3) to the tenderer in the
1 . . The French intervention agency shall be respon­         currency of the Member State in which the operations
sible for organizing the invitation to tender provided        relating to the tendering are completed.
for by this Regulation .
2.     It shall forthwith communicate to the Commis­
                                                              4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
sion the list of firms which have responded to the invi­      tion :
tation to tender, specifying the terms of each tender,
together with the name and business name of the               (a) after each shipment a certificate showing the quan­
successful tenderer.                                              tities dispatched and the quality of the products ;
                                                              (b) the date of departure of the vessels.
3 . Where the customs export formalities for the
mobilized product are completed in a Member State             The information indicated above shall be forwarded
other than that in which the invitation to tender is          by the intervention agency to the Commission imme­
issued, the intervention agency of the latter Member          diately upon receipt.
State shall be responsible for the operations following
                                                              5. When the intervention agency responsible for
tendering, including payment to the successful
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                                 Article 9
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, 19 September 1975.
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                     Member of the Commission