CELEX: 31975R2290
Language: en
Date: 1975-09-05 00:00:00
Title: Regulation (EEC) No 2290/75 of the Commission of 5 September 1975 opening an invitation to tender for the mobilization of common wheat, flour of common wheat and sorghum as food aid for the World Food Programme

No L 235/ 12                           Official Journal of the European Communities                               6 . 9 . 75
                            REGULATION (EEC) No 2290/75 OF THE COMMISSION
                                                    of 5 September 1975
               opening an invitation to tender for the mobilization of common wheat, flour of
                 common wheat and sorghum as food aid for the World Food Programme
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 WFP ;
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/ EECC ) 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 (2) ;                                      Whereas the Commission must be informed quickly
                                                                  of the tenders submitted in response to the envisaged
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            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
pean Communities declared that by way of Commu­                   No 129 (4) on the value of the unit of account and the
nity action it proposed to grant the World Food                   exchange rates to be applied for the purposes of the
Programme (WFP) 40 000 metric tons of cereals under               common agricultural policy, as last amended by Regu­
its 1 974/75 food-aid programme ;                                 lation (EEC) No 2543/73 (5), 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                  Whereas the measures provided for in this Regulation
anywhere on the Community market ;                                are in accordance with the Opinion of the Manage­
                                                                  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
nated by the recipient or its agent ;                             HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                                             Article 1
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency             1.     Tenders are hereby invited for the supply to the
situation in the Member States and in order to ensure
                                                                  World Food Programme by way of Community food­
that the tenders are as comparable as possible, account           aid action of :
should be taken of the effect on each tender of the
currency situation in the Member State in which the               — 500 metric tons of flour of common wheat for
customs export formalities will be completed ;                         Yemen (lot No 1 ).
Whereas the award under the invitation to tender                  — 1 570 metric tons of sorghum for Senegal (lot No
must be made in favour of the tenderer offering the                     2),
best terms ;                                                      — 20 000 metric tons of common wheat for India
                                                                       (lot No 3),
Whereas, should force majeure make it impossible to               — 2 000 metric tons of common wheat for Sudan (lot
complete the operation in question within the set                       No 4),
time limits, it should be made clear who is to bear the
liability for any resulting costs ;                               — 1 200 metric tons of common wheat for Ethiopia           <
                                                                        (lot No 5).                                          (
(') OJ No 117, 19 . 6. 1967, p. 2269/67.
(l \ OJ No L 72, 20 . 3 . 1975, p. 14.                            (4 ) OJ No 106, 30 . 10 . 1962, p . 2553/62.
(3j OJ No L 178, 5. 8 . 1972, p. 3.                               (5 ) OJ No L 263, 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- 6 . 9 . 75                           Official Journal of the European Communities                           No L 235/ 13
2. The tendering procedure shall take place in                 The monetary compensatory amount shall , where
France in five lots. The product shall be mobilized on         appropriate, be converted into the currency of the
the Community market. The product shall be loaded              Member State in which the invitation to tender is
for departure from any Community port.                          issued using :
3.      The common wheat is to be delivered in bulk,           — in the case when the currencies concerned are
whereas the sorghum is to be delivered in new jute                    kept at any given moment within a band of
sacks and the flour in new cotton sacks of a net                      2-25 % , a conversion rate resulting from their
capacity of 50 kg to the port of shipment in the                      central rate ,
vicinity of the vessel . The goods must be set down at          — in the other cases, the average of the spot rates of
the place nominated by the recipient country or its                   the currencies concerned recorded in the Member
agent, the timing of delivery being settled by the                    State in which the invitation to tender is issued
tenderer and the recipient country's agent.                           during a period from the Wednesday of one week
4.      The following shall be printed on the sacks :                 to the Tuesday of the following week being the
                                                                      period immediately preceding the closing date for
 Lot No 1 : 'Wheat flour — Hodeidah — gift of the                     submission of tenders .
European Economic Community to the World Food
Programme'.
                                                                                          Article 4
 Lot No 2 : 'Sorgho — Dakar — don de la Commu­
nauté économique européenne au programme alimen­
taire mondial '.                                                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 19 September 1975.
 2.     The closing date for submission of tenders shall                                  Article 5
 be 1 9 September 1 975 at 1 2 noon .
 3.     The    notice of  invitation  to   tender shall be       If the tenderer is unable to deliver the goods in
 published in the Official Journal of the European               compliance with Article 1 (3) on the date given in the
                                                                 notice of invitation to tender as a result of the late
 Communities, not less than nine days before the
 closing date for submission of tenders.                         availability of the vessels to be used for sea transporta­
                                                                 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
                                                                 five 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 formalities 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               operations concerned have been carried out within
 by the monetary compensatory amount and the acces­                    the prescribed time limit and on submission of
 sion compensatory amount applicable on the closing                    the original export licence duly granted and
 date for submission of tenders to exports from the                    endorsed by the competent authorities of the
  Member State mentioned in the tender pursuant to
  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 .
 ---pagebreak--- No L 235/ 14                         Official Journal of the European Communities                                6 . 9 . 75
                         Article 7                             other than that in which the invitation to tender is
 1.    The common wheat referred to in Article 1 to be
                                                               issued, the intervention agency of the latter Member
                                                               State shall be responsible for the operations following
supplied to the WFP must be of fair and sound                  tendering, including payment to the successful
merchantable quality and correspond at least to the            tenderer.
standard quality for which the intervention price is
fixed, except that the moisture content shall not              In such case, the intervention agency choosing the
exceed     1 5-5 %   and that a   maximum      of 3 %   of     successful tenderer shall immediately inform the inter­
sprouted grains and 1-5% of miscellaneous impuri­              vention agency of the Member State concerned and
ties shall be allowed .                                        shall supply it with all the information which it may
                                                               require.
2. The sorghum referred to in Article 1 which is to
be supplied to the WFP must be of fair and sound               Furthermore , the amount of the successful tender
merchantable quality and be free from odour.                   shall be paid after it has been converted using the
                                                               average of the spot rates referred to in the second
3.     The common wheat flour referred to in Article 1
                                                               subparagraph of Article 3 (3) to the tenderer in the
to be supplied to the WFP must meet the following              currency of the Member State in which the operations
requirements :                                                 relating to the tendering are completed .
— moisture : 14% maximum ,
                                                               4. The intervention agency shall request the
— protein content : 10-5% minimum (N x 6-25 on                 successful tenderer to supply the following informa­
     dry matter),                                              tion :
— ash content : 0 52 % maximum referrred to dry
     matter .
                                                               (a) after each shipment a certificate showing the quan­
                                                                   tities dispatched and the quality of the products ;
Flour not meeting these requirements shall be                  (b) the date of departure of the vessels.
refused .
                                                               The information indicated above shall be forwarded
                         Article 8
                                                               by the intervention agency to the Commission imme­
                                                               diately upon receipt.
1 . The French intervention agency shall be respon­            5 . When the intervention agency responsible for
sible for organizing the invitation to tender provided         the operations relating to tendering is not the interven­
for by this Regulation .                                       tion agency which appoints the successful tenderer, it
2.     It shall forthwith communicate to the Commis­           shall send as soon as possible to the latter the informa­
sion the list of firms which have responded to the invi­       tion necessary for releasing the security.
tation to tender, specifying the terms of each tender,
together with the name and business name of the                                        Article 9
successful tenderer.
                                                               This Regulation shall enter into force on the day of its
3.     Where the customs export formalities for the            publication in the Official Journal of the European
mobilized product are completed in a Member State              Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                 Done at Brussels, 5 September 1975 .
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                      Aiember of the Commission