CELEX: 31975R1165
Language: en
Date: 1975-05-05 00:00:00
Title: Regulation (EEC) No 1165/75 of the Commission of 5 May 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of India

No L 116 / 8                              Official Journal of the European Communities                                    6 . 5 . 7.5
                              REGULATION ( EEC) No 1165 / 75 OF THE COMMISSION
                                                            of 5 May 1975
               opening an invitation to tender for the mobilization of common wheat as food
                                                   aid for the Republic of India
THE COMMISSION OF THE EUROPEAN                                       by virtue of participation in the invitation to tender
COMMUNITIES ,                                                        for the supply of wheat to the Republic of India ;
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 (') 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 (-) ;                                      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 (•') 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
                                                                     aged should be adopted in accordance with the condi­
in particular Article 6 thereof ;
                                                                     tions laid down in Article 3 (2) of Council Regulation
Wliceas on 3 March 1975 the Council of the Euro­                     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 Republic of India               common agricultural policy, as last amended by Regu­
13 000    metric    tons   of   common        wheat   under   the    lation ( EEC) No 2543 / 73 (5 ), and in particular Article
                                                                     3 thereof ;
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 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                                            Artich 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, by
those Member States ; whereas, in view of the currency               way of Community food-aid action , to the Republic of
situation in the Member States and in order to ensure                India of 13 000 metric tons of common wheat .
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
currency situation in the Member State in which the                  France in one lot .
customs export formalities will be completed ;
Whereas the award          under the       invitation  to tender
                                                                     3.     The product shall be mobilized on the Commu­
                                                                     nity market .
must be made in favour of the tenderer offering the
best terms ;
                                                                     4.     Loading shall take place for shipment from
                                                                     Rouen or Nantes .
Whereas , should fora nnijcurc make it impossible to
complete the operation in question within the set
time limits , it should be made clear who is to bear the             5.     The product referred to in paragraph I is to be
liability for any resulting costs ;                                  delivered bulk to the port of shipment in the vicinity
                                                                     of the vessel . I'he goods must be set down at the place
Whereas provision should be made for security to be                  nominated by the recipient country or its agent , the
given to guarantee fulfilment of the obligations arising             timing ot delivery being settled by the tenderer and
                                                                     the recipient country 's agent .
(') O | No 117 , 19 . 6 . 1967 , p. 2269 / 67 .
(-') Oj No L 72, 20 .      1 97 S, p. 14.                            (•) OJ No 106 . SO . I - Ì ! <- 2 , p . 25 53 / 62 .
( ; ) OJ No L 1 78 , v N. 1972 , p. S.                               H Oj No L 2M , l Ci ■'                p . I.
 ---pagebreak--- 6 . 5 . 75                           Official Journal of the European Communities                             No L 116/ 9
                          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 1 6 May 1 975 .
                                                                It shall be released :
2. The closing date for submission of tenders shall
                                                                — in the case of all tenderers whose tenders are
be 16 May 1975 at 12 noon .
                                                                     unsuccessful or are not accepted ;
3.      The    notice of  invitation  to  tender  shall be
                                                                — in the case of the successful tenderer, when the
published in the Official Journal of the European                    operations concerned have been carried out within
Communities not less than nine days before the                       the prescribed time limit and on submission of
closing date for submission of tenders .                             the original export licence duly granted and
                                                                     endorsed by the competent authorities of the
                          Article 3
                                                                     Member State mentioned in the tender pursuant
 1 . The prices offered must be expressed in the                      to Article 3 (2) ;
currency of the Member State in which the invitation            — in the case of the successful tenderer for quantites
to tender was issued .                                                not supplied by reason of force majeure.
2. Tenders must in particular mention the Member                2 . The security required under paragraph 1 may be
State in which the tenderer, in the event of his being          provided in the form of a cash deposit or of a
declared successful , expects to complete the customs           guarantee issued by a credit institution conforming to
export formalities for the products concerned .                 criteria laid down by each Member State .
 3.      For the purpose of rendering the tenders compar­
 able, the prices shall , where appropriate , be corrected                                Article 6
 by the monetary compensatory amount and the acces­             The common wheat referred to in Article           1  to be
 sion compensatory amount applicable on the closing
 date for submission of tenders to exports from the              supplied to the Republic of India must be of fair and
 Member State mentioned in the tender pursuant to                sound merchantable quality and correspond at least to
 paragraph 2 .                                                   the standard quality for which the intervention price
                                                                 is fixed , except that the humidity shall not exceed
 Such correction shall be made by :                               14-5% and that a maximum tolerance of 3% of
 — increasing prices which mention a Member State                sprouted grains and 1-5% of miscellaneous impuri­
                                                                 ties shall be allowed .
      whose currency has depreciated or a new Member
      State ;
 — reducing prices which mention a Member State                                           Article 7
      whose currency has been revalued .
                                                                  1 . The French intervention agency shall be respon­
 The monetary compensatory amount shall , where                  sible for operations relating to the invitation to tender
 appropriate, be converted into the currency of the              provided for by this Regulation .
 Member State in which the invitation to tender is
                                                                 2.     It shall fortwith communicate to the Commis­
 issued using :
                                                                 sion the list of firms which have responded to the invi­
 — in      the case when the currencies concerned are
                                                                 tation to tender, specifying the terms of each tender,
       kept at any given moment within a band of                 together with the. name and business name of the
       2-25 % , a conversion rate resulting from their           successful tenderer.
       central rate ;
 — in the other cases, the average of the spot rates of          3.     Where the customs export formalities for the
       the currencies concerned recorded in the Member            mobilized product are completed in a Member State
       State in which the invitation to tender is issued         other than that in which the invitation to tender is
       during a period from the Wednesday of one week             issued , the intervention agency of the latter Member
       to the Tuesday of the following week being the             State shall be responsible for the operations following
       period immediately preceding the closing date for          tendering, including payment to the successful
       submission of tenders .                                    tenderer.
                           Article 4
                                                                  In such case, the intervention agency choosing the
                                                                  successful tenderer shall immediately ' inform the inter­
  The contract shall be awarded to the tenderer offering          vention agency of the Member State concerned and
  the best terms , taking into consideration the adjust­          shall supply it with all the information which it may
  ment referred to in Article 3 ( 3 ).                            require .
  However, if the tenders submitted do not appear to               Furthermore , the amount of the successful tender,
  reflect normal market prices and costs, the interven­           shall be paid after it has been converted using the
  tion agency may cancel the invitation to tender.                average of the spot n\tes referred to in the second
 ---pagebreak--- No L 116/ 10                       Official Journal of the European Communities                               6 . 5 . 75
subparagraph of Article 3 (3) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security.
relating to the tendering are completed .
                                                                                     Article 8
4. The intervention agency shall request the
successful tenderer to supply the following informa­         On delivery of the goods at the port of shipment, a
tion :
                                                             handing-over certificate shall be supplied to the
(a) after each shipment a certificate showing the quan­      successful tenderer acting as agent for the Commu­
    tities dispatched and the quality of the products ;      nity, by the agent of the recipient country or, in the
                                                             absence of the latter, by the intervention agency of the
(b) the date of departure of the vessels .                   Member State in whose territory the port of shipment
The information indicated above shall be forwarded           is situated .
by the intervention agency to the Commission imme­
diately upon receipt.                                                                Article 9
5 . When the intervention agency responsible for             This Regulation shall enter into force on the day of its
the operations relating to tendering is not the interven­    publication in the Official Journal of the European
tion agency which appoints the successful tenderer, it       Com in unities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 5 May 1 975 .
                                                                       For the Commission
                                                                           P.J. LARDINOIS
                                                                   Member of the Commission