CELEX: 31975R2399
Language: en
Date: 1975-09-20 00:00:00
Title: Regulation (EEC) No 2399/75 of the Commission of 19 September 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Sri Lanka

20 . 9 . 75                              Official Journal of the European Communities                              No L 246/25
                               REGULATION ( EEC) No 2399/ 75 OF THE COMMISSION
                                                      of 19 September 1975
                   opening an invitation to tender for the mobilization of common wheat as food
                                                aid for the Republic of Sri Lanka
 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
 Having regard to Council Regulation No 120/                        of the tenders submitted in response to the invitation
 67/ EECC ) of 13 June 1967 on the common organiza­                 and of those accepted by the intervention agency ;
 tion of the market in cereals, as last amended by Regu­
 lation ( EEC) No 665/75 (2);                                       Whereas the Monetary Committee will be consulted ;
                                                                    whereas, in view of the urgency, the measures envis­
 Having regard to Council Regulation ( EEC) No                      aged should be adopted in accordance with the condi­
  J 693 /72 (■') of 3 August 1972 laying down the condi­            tions laid down in Article 3 (2) of Council Regulation
 tions for the mobilization of cereals as food aid , and             No 129 (4) on the value of the unit of account and the
 in particular Article 6 thereof ;                                  exchange rates to be applied for the purposes of the
                                                                    common agricultural policy, as last amended by Regu­
 Whereas on 3 March 1974 the Council of the Euro­                    lation ( EEC) No 2543/ 73 ('), and in particular Article
 pean Communities declared that by way of Commu­                    3 thereof ;
 nity action it proposed to grant the Republic of Sri
 Lanka 20 000 metric tons of common wheat under its
                                                                    Whereas the measures provided for in this Regulation
  1974/75 food-aid programme ;                                      are in accordance with the Opinion of the Manage­
                                                                     ment Committee for Cereals,
 Whereas pursuant to Article 3(3) of Council Regula­
 tion ( EEC) No 1693 /72 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 to 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 ;
                                                                                                 Arlii /c 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 Republic of
 those Member States ; whereas, in view of the currency             Sri Lanka , of 20 000 metric tons of common wheat .
 situation in the Member States and in order to ensure
 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 the
 currency situation in the Member State in which the                 Republic of France in one lot .
 customs export formalities will be completed ;
                                                                     3.     The product 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              port of the Community .
 font nnijcnrc to complete the operation in question
 within the set time limits , it must be made clear who
 is to bear any costs resulting therefrom ;                          5 . The product referred to in paragraph 1 is to be
                                                                    delivered in bulk to the port of shipment in the
 Whereas provision should be made for security to be                vicinity of the vessel . The goods must be set down at
given to guarantee fulfilment of the obligations arising            the place nominated by the recipient country or its
 by virtue of participation in the invitation to tender ;           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
(-) 0*| No L 72, 20 . 3 . 1975, p. 14.                              (■*) OJ No 106 , 30 . 10 . 1962, p . 2553 /62 .
(■'•) O'j No L 1 78 , 5. 8 . 1972, p. 3 .                           (5 ) OJ No L. 263 , 19 . 9 . 1973 , p . I.
 ---pagebreak--- No L 246/ 26                       Official Journal of the European Communities                               20 . 9 . 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 (5) on the date given in the
on 3 October 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 3 October 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                                      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
                                                              5 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 he
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 ,
— 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 Sri Lanka must be of fair
                                                              and sound merchantable quality and correspond at
The monetary compensatory amount shall , where                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 operations relating to the invitation to tender
    State in which the invitation to tender is issued         provided 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 . 9 . 75                         Official Journal ot the European Communities                           No L 246/ 27
In such case, the intervention agency choosing the             5.     when the intervention agency responsible for
successful tenderer shall immediately inform the inter­        the operations relating to tendering is not the interven­
vention agency of the Member State concerned and               tion agency which appoints the successful tenderer, it
shall supply it with all the information which it may          shall send as soon as possible to the latter the informa­
require .                                                      tion necessary for releasing the security.
 Furthermore , the amount of the successful tender
                                                                                        Article 9
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           On delivery of the goods at the port of shipment, a
currency of the Member State in which the operations           handing-over certificate shall be supplied to the
relating to the tendering are completed .                      successful tenderer acting as agent for the Commu­
                                                               nity, by the agent of the recipient country or, in the
4.     The intervention agency shall request the               absence of the latter, by the intervention agency of the
successful tenderer to supply the following informa­           Member State in whose territory the port of shipment
tion :                                                         is situated .
(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, 19 September 1975 .
                                                                         I-'or tin Commission
                                                                             P. J. LARDINOIS
                                                                     Member of tin Commission